CITY OF HICKORY – Pavement Resurfacing for 2026-2027 (rev. 11.05.2025) Project Number: 27-001

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PROJECT MANUAL

FOR

Pavement Resurfacing for 2026-2027

PROJECT NUMBER: 27-001

CITY OF HICKORY, NORTH CAROLINA

ADVERTISEMENT DATE: 7/8/2026

TABLE OF CONTENTS

Table of Contents

I. INVITATION TO BID ............................................................................................................. INV-1 II. INSTRUCTIONS TO BIDDERS ................................................................................................ ITB-3 III. BID FORM AND SUPPLEMENTS ........................................................................................ BID-19

A. ITEMIZED BID ............................................................................................................. BID-20 B. EXECUTION OF BID DOCUMENTS .............................................................................. BID-22

IV. CONTRACT REQUIREMENTS AND FORMS ............................................................................ C-23 A. CONTRACT ...................................................................................................................... C-24 B. GENERAL CONDITIONS ................................................................................................... C-44 C. FEDERAL REQUIREMENTS .............................................................................................. C-49 D. CONTRACTOR’S AFFIDAVIT – RELEASE AND WAIVER OF CLAIMS .................................. C-53 E. STATE/COUNTY SALES/USE TAX STATEMENT ................................................................. C-54 F. CHANGE ORDER FORM .................................................................................................. C-56

V. PLANS AND SPECIFICATIONS ............................................................................................ PLN-57

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I. INVITATION TO BID

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A. INVITATION TO BID

The City of Hickory (the “Owner” or “City”) hereby invites sealed bids for the following Project:

PROJECT NAME: Pavement Resurfacing for 2026-2027

PROJECT NUMBER: 27-001

PRE-BID MEETING: N/A

BID QUESTION DEADLINE: August 4th, 2026, by 12:00 PM

BID DUE DATE AND TIME: August 5th, 2026, by 9:00 AM

BID LOCATION: City of Hickory – Public Services Conference Room 1441 9th Ave. NE Hickory

BID OPENING: In Person

SCOPE OF WORK: Contractor shall perform resurfacing work on selected streets within the Fall Schedule and Spring Schedule. This includes appropriate traffic control, utilities adjustments including manholes and valves to correct elevation to match proposed pavement, protection of surfaces adjacent to the project site, asphalt resurfacing in accordance with NCDOT standards, removing debris generated by construction, returning the surrounding site to pre-existing conditions, and any coordination specified by the City of Hickory.

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II. INSTRUCTIONS TO BIDDERS

A. INSTRUCTIONS TO BIDDERS

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1.0 DEFINITIONS

1.1 Addendum or Addenda. Written or graphic instruments issued by the Owner prior to the submission of Bids which modify or interpret the Bidding Documents by additions, deletions, clarifications, or corrections or other type of modifications. Bidders, upon receiving Addenda, shall insert same into the Bid Documents.

1.2 Additive or Deductive Bid Item (Alternate Bid). An amount stated in the Bid to be added to or deducted from the amount of the Base Bid if the corresponding change in the Work, as described in the Bidding Documents, is accepted by the Owner.

1.3 Alternate. An amount stated in a Bid for a specific material, product or good that can be added or deducted from the Base Bid by the Owner if the defined changes are made to the Plans or Specifications.

1.4 Authorized Representative. The firm or individual nominated by the Owner to act on behalf of the Owner, e.g., Engineer and/or Architect of Record, City Project Manager or others as designated by Owner.

1.5 Award. The Owner’s acceptance of the successful Bidder’s proposal, upon authorization of the Hickory City Council.

1.6 Base Bid. The sum stated in the Bid for which the Bidder offers to perform the work described in the Bidding Documents as the base, to which work may be added or from which work may be deducted for sums stated in Additive or Deductive Bid Items.

1.7 Bid. A complete and properly signed offer to do the Work or designated portion thereof for the sums stipulated therein submitted in accordance with the Bidding Documents.

1.8 Bid Documents. All documents and forms contained in this Project Manual.

1.9 Bid Security. The security furnished with a Bid to guarantee that the Bidder will enter into the Contract if its Bid is accepted by the Owner. Bid Security shall only be required on construct or repair work requiring an estimated expenditure of public money in an amount equal to or more than $500,000 or purchase of apparatus, supplies, materials, or equipment requiring an estimated expenditure of public money in an amount equal to or more than $90,000.

1.10 Bidder. Any individual, partnership, firm, corporation or other business entity acting directly through a duly authorized representative, who submits a bid for the Work contemplated.

1.11 Calendar Day. Every day shown on the calendar. Any reference to the word “day” or “days” shall mean calendar day or calendar days, respectively, unless otherwise expressly provided.

1.12 Change Order. A written order to the Contractor covering changes in the Plans, Specifications, Contract Item quantities, or Work and establishing the basis of payment and Contract Time adjustment, if any, for the Work affected by such changes.

1.13 Claim. A demand or assertion by one of the parties seeking, as a matter of right, payment of money, or other relief with respect to the terms of the Contract. The term “Claim” also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract.

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1.14 Contract Documents or Contract. The executed agreement between the Owner and the successful bidder, covering the performance of and compensation for the Work. The term Contract is all inclusive with reference to all written agreements affecting a contractual relationship and all documents referred to therein. The Contract shall include, but not be limited to the Invitation to Bid, Instructions to Bidders, Bid Form and Supplements, Contract Requirements and Forms, required certificates and affidavits, bonds, addenda, technical specifications and plans. The Contract shall constitute one instrument.

1.15 Contract Item or Pay Item. A specific unit of Work for which a price is provided in the Contract.

1.16 Contract Time. The number of calendar days or working days, stated in the proposal, allowed for completion of the Contract, including authorized time extensions. If a calendar date of completion is stated in the proposal, in lieu of a number of calendar or working days, the Contract shall be completed by that date.

1.17 Contractor. The successful Bidder with whom the City of Hickory contracts for the Work.

1.18 Date of Final Completion (may also be referred to as Final Acceptance). The date of completion of all Work required by, and in strict compliance with, the Contract, including start up, testing, obtaining regulatory approvals from all applicable authorities, and all preparations necessary to operate and maintain the Project

1.19 Engineer. The individual, partnership, firm or corporation duly authorized by the Owner to be responsible for engineering inspection of the contract work and acting directly or through an authorized representative.

1.20 Inspector or Project Inspector. An authorized representative of the Engineer assigned to make all necessary inspections and/or tests of the work performed or being performed, or of the materials furnished or being furnished by the Contractor.

1.21 Invitation to Bid (ITB). A public announcement, as required by local law, inviting Bids for Work.

1.22 Notice To Proceed (NTP). A written notice to the Contractor to begin the Work on a specified date.

1.23 Owner. The City of Hickory. For the purpose of this Project Manual, the Owner may also be referred to as the City.

1.24 Payment Bond. The approved form of security furnished by the Contractor and its surety as a guaranty that it will pay in full all bills and accounts for materials and labor used in the construction of the Work.

1.25 Performance Bond. The approved form of security furnished by the Contractor and his surety as a guarantee that the Contractor will complete the Work in accordance with the terms of the Contract.

1.26 Plans. The official drawings or exact reproductions, approved by the Owner, which show the location, character, dimensions and details of the Work to be done and which are to be considered as part of the Contract.

1.27 Project. N/A.

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1.28 Specifications. The written directions and requirements for completing the Work. Standards for specifying materials or testing which are cited in the specifications by reference shall have the same force and effect as if included in the Contract physically.

1.29 Substantial Completion. The stage of completion of the Project, including testing, approval by any applicable regulatory authority, and receipt of all the certificates of occupancy and other permits, approvals, licenses, and other documents from all governmental authorities that are necessary for the beneficial occupancy and use of the portion to be occupied or utilized such that the Work and the Project are functionally and legally usable by the Owner for the purpose for which they are intended.

1.30 Surety. The corporation, partnership, or individual, other than the Contractor, executing a Bid Payment, Performance or Guaranty Bonds that are furnished to the Owner by the Contractor.

1.31 Work. The furnishing of all labor, materials, tools, equipment, and incidentals necessary to the Contractor’s performance of all duties and obligations imposed by the Contract.

2.0 CONTRACT TIME

The date of commencement of the Work shall be fixed by issuance of a written Notice to Proceed from the Owner to the Contractor. The Contract Time shall fall within the indicated dates listed below:

FALL 2026 SCHEDULE:

September 14, 2026: Notice to Proceed

November 18, 2026: Contract completed on or before 5:00 p.m.

SPRING 2027 SCHEDULE:

March 15, 2027: Notice to Proceed

June 16, 2027: Contract completed on or before 5:00 p.m.

The City reserves the right to adjust the timeline established above, reject any and all Bids, and reject any Bid Items that best meets the needs of the City. Contractor shall then achieve Final Completion and Acceptance of the Work, including all required final submittals, not later than 14 calendar days from the date of Substantial Completion. Contractor shall notify the Owner in writing at least 48 hours in advance of the time actual construction operations will begin.

The Owner and Contractor shall discuss and agree upon specific start and finish date to perform each phase of the work. A phase of work shall consist of one or more specific streets or parking lots designated for milling and/or resurfacing. The Contractor shall meet these mutually agreed-upon dates in order to minimize confusion of the affected residents, landowners and travelling public. If the Contractor fails to begin work on the agreed-upon date for any reason other than inclement weather, then the Owner will give written notice to the Contractor that the Contract may be terminated after the second time the Contractor fails to begin a phase of work as scheduled. The Owner shall not be penalized in any way for termination of the Contract.

If the Contractor fails to complete all phases of work within the Schedules listed above, then the Owner reserves the right to terminate the contract immediately.

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The schedule(s) and conditions in this Invitation to Bid and Contract shall not be affected by any other contracts entered into by the Bidder with the Owner.

3.0 LIQUIDATED DAMAGES

The Contract Time referred to above includes phases of construction as described below. By submitting a bid, the Contractor acknowledges and agrees that the Owner is authorized to deduct and retain out of the monies due to the Contractor and/or the Contractor is liable to the Owner for liquidated damages for the Project as set out below for each and every day or any portion thereof the time employed upon said work or delivery may exceed the time stipulated for such performance and completion. The term “day”, when used in connection with liquidated damages, shall in all instances include any portion of a day that the work is not timely completed. The sum per calendar day is fixed in view of the difficulty of estimating such damages that the Owner will suffer by reason of such default. The liquidated damages amount will not be capped, and the assessment of liquidated damages does not preclude the award of other damages that may be authorized under other applicable provisions of the Contract for reasons other than delayed performance. Failure to achieve Substantial Completion within the Contract Time: $500.00 per calendar day.

4.0 GOVERNING ORDER OF BIDDING AND CONTRACT DOCUMENTS

Addenda, Change Orders and Supplementary Agreements will take precedence over other Contract Documents. Detailed provisions shall have precedence over general provisions. Bidders shall take no advantage of any apparent error or omission in the Bid Documents or Contract Documents. In the event a Bidder discovers an error or omission, the Bidder shall immediately notify the Owner. The Owner will then make such corrections and interpretations as may be deemed necessary for fulfilling the intent of the Bid Documents.

5.0 BIDDER REPRESENTATIONS

5.1 Each Bidder by making its Bid represents that it:

A. Has examined the site of the proposed Work and the Bidding Documents; and

B. Is satisfied as to the character, quality, and quantities of work to be performed, materials to be furnished and as to the requirements of the proposed Contract; and

C. Acknowledges that submission of a Bid shall be prima facie evidence that the Bidder has made such examination and is satisfied as to the conditions to be encountered and has adequate time to perform the Work in accordance with the requirements of the Contract Documents.

D. Warrants and certifies that as of the date of this Bid, Bidder is not identified on the Final Divestment Lists created by the North Carolina State Treasurer pursuant to N.C.G.S. 147 Articles 6e or 6g. The person signing this Bid certifies that he or she is authorized by the Bidder to make the foregoing certification. Bidder further agrees that it will not take any action during the term of this contract that would provide a basis for it to be placed upon the Final Divestment Lists nor will it utilize on this Contract any subcontractor that is identified on the Final Divestment Lists.

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5.2 Bidders for this Work shall be qualified and licensed for this particular Work by the State of North Carolina prior to time of Bid Opening. North Carolina License type, number and dollar limit must be indicated where requested for the Bidder.

5.3 Bidders shall have previous acceptable experience, of current personnel, in the construction of at least two (2) projects in the last ten (10) years that demonstrate the ability to accomplish the Work required by this Contract. If the Bidder is a recently formed entity, then the previous experience of the component entities will be considered. The Owner shall be the sole judge of acceptable previous experience. The Bidder shall have regularly and principally engaged in work of the quality and scope indicated by the Contract Documents, utilizing administrators and supervisors regularly employed by the Bidder for managing the Work, and utilizing workers regularly employed by the Bidder for construction not performed by subcontractors.

5.4 In the event that a Bidder is discovered to be ineligible after a Contract is awarded, and the Project requires Bid Security, the ineligible bidder shall indemnify the Owner against any losses suffered by the Owner because of the Bidder’s ineligibility. The Owner reserves the right to take any steps it believes appropriate to lessen its actual or potential loss, including termination of the Contract or withholding payments sufficient to cover losses.

5.5 Bidder shall abide by the confidentiality requirements set forth in Section 11 of the Instruction to Bidders.

5.6 Bidder shall comply with all federal, state and local laws and regulations relating to the preparation and submission of the Bid including, without limitation, E-Verify, and shall submit to Owner all required certifications, verifications, permits and licenses.

6.0 BID DOCUMENTS

6.1 Documents

Bidders may obtain complete sets of the Bid Documents as indicated in the Advertisement in the number desired and for the cost stated therein.

Bidders shall use complete sets of Bid Documents in preparing Bids. The Owner assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bid Documents.

The Owner, by making copies of the Bid Documents available on the above terms, does so only for the purpose of obtaining Bids on the Work and does not confer a license or grant for any other use.

6.2 Interpretation or Correction of Bidding Documents

Bidders shall take no advantage of any apparent error or omission in the Bid Documents. In the event a Bidder discovers any apparent error or omission, the Bidder shall immediately notify the Owner. The Owner will then make such corrections and interpretations as may be deemed necessary for fulfilling the intent of the Bid Documents through the issuance of an Addendum.

Any Addendum or clarification supplementing the Bid Documents, the Plans, and the Specifications, issued prior to the date and time set for the submittal of Bid Proposal shall be made part of the Contract.

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Bidders requiring clarification or interpretation of the Bid Documents shall make a written request for clarification and forward the same to the appropriate address below. The Owner will only respond to written questions. Any interpretation, correction or change of the Bid Documents will be made only by an Addendum. Interpretations, corrections or changes of the Bid Documents made in any other manner will not be binding, and Bidders shall not rely upon such interpretations, corrections and changes.

Written requests for clarification must be submitted electronically to Caroline Kone at ckone@hickorync.gov. The deadline for submitting written requests for clarification is August 4th, 2026, by 12:00 PM.

All questions must be submitted no later than the date and time stated above. Any questions received after that time may not be addressed prior to the bid due date.

The point of contact for all submissions and correspondence regarding this ITB are Caroline Kone at ckone@hickorync.gov.

6.3 Standards of Quality and Performance, Brand Names and Equivalent Products

Descriptions of materials, products and equipment used in these specifications are to acquaint bidders with the types of products desired and will be used as a standard by which goods and services offered as equivalent will be evaluated. Where the specifications do not include a performance or design standard itis due to the determination that the information is impossible or impractical to provide. In such instances, the specifications include at least three brand names to illustrate the standard by which products offered as equivalent will be evaluated. Where three brand names could not be identified, the specifications include as many as possible. These references are only to denote the quality of product required and do not limit or restrict submission of equivalent products by the bidder. Equivalent products can be submitted for consideration as set forth below.

Materials, products, and equipment specified in Bid and Contract documents are used to set forth and convey to bidders the general style, type, function, dimension, and quality of product desired by the Owner.

Any request by Contractor for material substitution of "an equal" item must be received by the Architect / Engineer or Owner at least ten (10) days prior to receipt of Bids.

Prior to proposing any substitute item, Contractor shall satisfy itself that the item proposed is, in fact, equal to item originally specified, that such item will fit into the space allocated, that such item affords comparable ease of operation, maintenance and service, that the appearance, longevity and suitability for the climate are comparable, and that by reason of cost savings, reduced construction time, or similar demonstrable benefit, the substitution of such item will be in Owner’s interest.

The burden of proof of equality of a proposed substitution for a specified item shall be upon Contractor. Contractor shall support its request with sufficient test data and other means to permit Owner to make a fair and equitable decision on the merits of the proposed substitution. Any item by a manufacturer other than those specified or of brand name or model number or of generic species other than those specified will be considered a substitution. Architect / Engineer of Record mailto:ckone@hickorync.gov@hickorync.gov mailto:ckone@hickorync.gov@hickorync.gov

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545057.1 or Owner may be the sole judge of whether or not the substitution is equal in quality, utility and economy to that specified.

Materials and methods proposed as substitutions for specified items shall be supported by certification of their approval for use by any or all government agencies having jurisdiction over use of the specific material or method.

Substitutions may not be permitted in those instances where the products are designed to match artistic design, specific function or economy of maintenance.

Approval of a substitution shall not relieve Contractor from responsibility for compliance with all requirements of the Contract. Contractor shall bear the expense for any changes in other parts of the Work caused by any substitutions. If Owner rejects Contractor’s proposed substitution, Contractor may not make any additional requests for substitution in the same category. If the proposed substitution is approved, such approval will be set forth in an Addendum.

If a substitution is installed without prior knowledge and written approval by the Owner, the Contractor will bear all costs associated with removal and replacement of the same at the Owner’s request.

6.3.1 Addenda

Addenda will be available through the Bid Portal. The Bidder shall acknowledge receipt of Addenda by completing the acknowledgment space on the Bid Form.

7.0 BIDDING PROCEDURE

7.1 Form and Style of Bids

Bids shall consist of the entire Project Manual including the following forms:

(1) Itemized Bid Form

(2) Execution of Bid - Non-collusion Affidavit, Debarment Certification and Gift Ban Certification

(3) Bid Bond (if required, see Definitions, Section 1.9, Bid Security)

Any bid submitted without these forms may be deemed non-responsive.

The Owner reserves the right to reject any or all bids, waive informalities, and/or accept such bid as appears in its judgement to be in the best interest of the City of Hickory.

Changes or additions to the Bid, recalculations or changes in the work bid upon, alternative proposals, or any other modifications of the Bid Form which are not specifically called for in the Bid Documents may result in the Owner’s rejection of the Bid as non-responsive to the Invitation to Bid.

The Bidder must execute all pages of the Bid Form, in their entirety. All blanks on the Bid Form shall be filled in by typewriter or manually in ink.

Unit prices shall include the cost for materials, equipment, tools, labor, sales tax and all incidentals necessary for proper execution and completion of the Work. As the quantities represented are estimates, quantity adjustments will be made as necessary during the project.

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In the event there are unit price Bid Items provided in the Bid Form or its attachments, and the "amount" indicated for a unit price Bid Item does not equal the product of the unit price and quantity, the unit price shall govern, and the amount will be corrected accordingly. In the event there is more than one Bid Item in the Bid Form or its attachments, and the total indicated therein does not agree with the sum of the prices bid for the individual items, the prices bid on the individual items shall govern and the total for the schedule will be corrected accordingly. Where so indicated by the make-up of the Bid Form, sums shall be expressed in both words and figures, and in case of discrepancy between the two, the amount written in words shall govern.

All requested, Additive or Deductive Bid Items shall be bid. If no change in the Base Bid is required, enter "No Change."

No person, firm or corporation shall be allowed to submit (or have an interest in) more than one prime Bid for the same work. For example, a company may not submit one bid for itself and one bid for a joint venture in which it will participate. However, a person, firm or corporation that has submitted a sub-bid to a Bidder is not, however, disqualified from submitting a sub-bid or quoting prices to other Bidders or submitting a prime Bid.

7.2 Sales and Use Tax

The Owner is NOT exempt from applicable sales or use taxes assessed by North Carolina or other states. However, the North Carolina Department of Revenue does reimburse the Owner for the North Carolina sales or use taxes the Owner pays for certain construction related goods. Therefore, the Owner utilizes the below procedures for such sales tax. The Contractor agrees to follow the procedures set forth below for all sales or use taxes related to the Work and any other work performed pursuant to this Contract.

Eligible Taxes are defined as North Carolina sales or use taxes paid by the Contractor for buildings, materials, supplies, fixtures and equipment that become a part of or annexed to any building or structure that is owned or leased by the Owner and is being erected, altered or repaired by the Owner (North Carolina GS 105-164-14(c)).

Non-Eligible Taxes are defined as all other sales or use taxes including those paid to states other than North Carolina, or sales or use taxes paid to North Carolina on purchases or rental of tools, equipment, and disposable supplies, including fuel, used in the Work.

Non-Eligible Taxes

Non-Eligible Taxes shall be included in the Bid and will be included in the Contract Price.

The Contract Price as shown on the bid form includes full and complete compensation for the Contractor for any and all Non-Eligible Taxes paid by the Contractor in the prosecution of the Work and any other work performed pursuant to this Contract.

Eligible Taxes

Eligible Taxes shall not be included in the Bid and will not be included in the Contract Price. Eligible Taxes will be reimbursed separately pursuant to the procedures below.

Prior to award of the Contract, the Contractor shall provide the Owner with the estimated amount of total Eligible Taxes for the Contract. This estimated amount of total Eligible Taxes will be used

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545057.1 solely for the purpose of the Owner’s budget planning for the Project and will not be included in the Contract Price.

The Contract Price as shown on the bid form excludes Eligible Taxes. The Contractor shall invoice the Owner for Eligible Taxes as set forth below and the Owner will reimburse the Contractor for those Eligible Taxes pursuant to the procedures below.

In the event the Contractor fails to materially follow the procedures set forth by this Article, and/or fails to properly document its payment of Eligible Taxes, the Owner will not be liable to the Contractor in any way for the payment of such Eligible Taxes.

In order to receive the reimbursement for Eligible Taxes, the Contractor shall provide a detailed listing of Eligible Taxes on the Sales/Use Tax Statement (“Tax Statement”) provided in the Contract Documents. Tax Statements must be submitted with each payment request and shall include invoices documenting the Eligible Taxes and the underlying purchases made by the Contractor or by the Contractor’s subcontractor.

Tax Statements must indicate whether such Eligible Taxes were paid by the Contractor or by the Contractor’s subcontractor.

If no Eligible Taxes have been paid for the period in which a payment request is being submitted by the Contractor, then the Contractor shall indicate “No Eligible Taxes paid this period” and submit the Tax Statement accordingly.

Tax Statements must be completed and signed by the Contractor/subcontractor’s company officer submitting the statement and certified by a Notary Public.

Tax Statement must list in detail the Eligible Taxes paid for each individual invoice paid by the Contractor/subcontractor. No lump sum, running total, or copies of previously reported statements will be accepted.

Tax Statements must show separately the portion of Eligible Taxes that are paid to the State of North Carolina and the applicable North Carolina county, identifying the county accordingly.

Tax Statements will be reviewed and approved by the Owner prior to paying the Eligible Taxes reimbursement. Such approval will not be unreasonably withheld.

7.3 E-Verify

Bidder is required to comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Further, if Bidder utilizes a subcontractor, Bidder shall require the subcontractor to comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes.

7.4 Iran and Companies that Boycott Israel Divestment Acts

NC Prohibitions on Contracts with Companies that Invest in Iran or Boycott Israel. Bidder warrants and certifies that it is not identified on the Final Divestment Lists created by the NC State Treasurer pursuant to N.C.G.S. 147 Articles 6e or 6g. Bidder further warrants and certifies it will not take any action during the term of this contract that would provide a basis for it to be placed upon the Final Divestment Lists nor will it utilize on this Contract any subcontractor that is identified on the Final Divestment Lists. In signing this Contract, Bidder further agrees, as an independent obligation, INSTRUCTIONS TO BIDDERS ITB - 15

545057.1 separate and apart from this Contract, to reimburse the Owner for any and all damages, costs and attorneys’ fees incurred by the Owner in connection with any claim that this Contract or any part thereof is void due to Bidder appearing on the Final Divestment Lists.

7.5 Bid Security

Each Bid requiring a Bid Security shall be accompanied by a Bid Security in the form of, at Bidder's option, cashier's check, certified check, money order or bid bond (in favor of the Owner) in the amount of 5% of the Base Bid amount pledging that the Bidder will after notice of award, enter into a Contract with the Owner on the terms stated in its Bid and will furnish bonds as described in Contract Documents, covering the faithful performance of the Contract and the payment of all obligations arising thereunder.

The Bid Bond shall be written on standard Surety Bid Bond form by a firm licensed to provide such forms in the State of North Carolina, and the attorney-in-fact who executes the bond on behalf of the surety shall affix to the bond a certified and current copy of his power of attorney.

The Owner will have the right to retain the Bid Security of Bidders to whom an award is being considered until either (a) the Contract has been executed and bonds have been furnished; (b) the specified time has elapsed so that Bids may be withdrawn, or (c) all Bids have been rejected.

7.6 Submission of Bids

Bidders must submit their Bid at City of Hickory, Public Services, 1441 9th Ave NE, Hickory, NC 28601.

The Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. Oral, telephonic or telegraphic Bids are invalid and will not receive consideration. Bids received after the time and date for receipt of Bids will be returned to Bidder unopened.

No responsibility will be attached to the Owner for premature opening of or failure to open a Bid not properly identified.

7.7 Modification or Withdrawal of Bid

After opening, each Bid is a firm offer by the Bidder to contract which may not be withdrawn for 120 Calendar Days from bid opening.

Prior to bid opening, any Bid submitted may be withdrawn by notice to the Owner. For withdrawal to be effective, the Owner must actually receive the notice prior to bid opening. Such notice shall be in writing over the signature of the Bidder, and it shall be worded so that it does not reveal the amount of the original Bid.

Withdrawn Bids may be modified and resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders.

8.0 CONSIDERATION OF BIDS

8.1 Basis of Award

It is the intent of the Owner to award a Contract to the lowest responsive and responsible Bidder, provided the Bid has been submitted in accordance with the requirements of the Bidding

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Documents and does not exceed the funds available. The Owner shall have the right to waive abnormalities and irregularities in a Bid received and to accept the Bid which, in the Owner’s judgment, is in the Owner’s best interests.

8.2 Opening of Bids

The Bids received on time will be opened publicly and will be read aloud. An abstract of the Bids may be made available to Bidders. There will be no post-bid opening meetings.

8.3 Alternates

The Owner shall have the right to request Alternates in addition to the base bid and the right to accept Alternates in any order or combination, unless otherwise specifically provided in the Bid Documents. Determination of the low Bidder will be made on the basis of the sum of the Base Bid and any Alternates accepted. When an Alternate is a request for a preferred brand, such request is made pursuant to North Carolina General Statute 133-3. The performance standards that support the preferences are set forth below and were communicated during the pre-bid meeting.

The Owner has selected each of the preferred brand Alternates set forth on the bid submission form and in the specifications based on the following:

1. The brand requested provides a cost savings the Owner; and

2. The brand requested maintains or improves the system/process affected by the preference.

8.4 Rejection of Bids

The Owner reserves the right to reject any and or all Bids.

A. Notwithstanding any of the above, the Owner reserves the right to reject any or all Bids and to waive any informality or technicality. Being the low Bidder does not mean that the Contract is required to be awarded to said Bidder or that the Contract will be awarded at all.

B. Bids may be considered non-responsive for reasons such as but not limited to the following:

1. If the Bid is on a form other than that furnished by the Owner, or if the Owner’s form is altered, or if any part of the Bid Form is detached.

2. If there are unauthorized additions, known substitutions, conditional or alternate pay items, or irregularities of any kind which make the Bid incomplete, indefinite, or otherwise ambiguous.

3. If the Bid does not contain a unit price for each pay item listed in the Bid, except in the case of authorized alternate pay items, for which the Bidder is not required to furnish a unit price.

4. If the Bid is not accompanied by the Bid Bond specified by the Owner.

5. Failure of authorized person to sign Bid Form.

6. Failure to submit necessary forms per this Instruction to Bidders.

C. A Bidder may be considered disqualified for any of the reasons such as but not limited to the following:

1. Submitting more than one Bid from the same partnership, firm, or corporation under the same or different name.

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2. Evidence of collusion among Bidders. Bidders participating in such collusion shall be disqualified as Bidders for any future work of the Owner until any such participating Bidder has been reinstated by the Owner as a qualified Bidder.

9.0 AWARD OF CONTRACT

The Contract will be awarded in accordance with award criteria as soon as possible from bid opening and the successful low bidder will receive a written notice of award. Contract work may not proceed until the properly executed Contract, and all required submittals are delivered to the Owner in acceptable form and the Owner has executed the Contract. The Contract Time will commence in accordance with a Notice to Proceed issued by the Owner and will not be extended due to delays by the Contractor in delivering required documents.

10.0 SUBMITTALS

The successful bidder shall, within ten days after notice of award, furnish to the Owner any submittals required by the Contract Documents or requested by the Owner to be submitted, including the following:

A. The executed Contract;

B. A detailed breakdown of any compound unit prices;

C. Performance and payment bonds;

D. Upon Owner’s request, form copies of subcontractors Contractor will use on this Project;

E. Baseline Schedule as defined by General Conditions Section 10;

F. Certificates of Insurance;

G. A statement of the required experience;

H. The names of manufacturers, products, and the suppliers of principal items or systems of materials and equipment proposed for the Work;

I. A designation of the Work to be performed with the Bidder’s own forces; and J. The names of persons or entities who are to furnish the principal portions of the Work.

11.0 FINANCIAL

11.1 Audit Rights

The Owner shall have the right to inspect, examine and make copies of any and all books, accounts, records, and other writings of contractors relating to the performance of the Work under the Contract, including change orders. Such audit rights shall be extended to any duly authorized representatives designated by the Owner. Audits shall take place at times and locations mutually agreed upon by both parties, but not later than one week following the date of a request for an audit.

11.2 Subcontractor Payments

Bidders are advised of the subcontractor payment requirements described in North Carolina General Statutes (“NCGS”) 22C-2 “Performance by Subcontractor” and 22C-3 “Time of Payment to Subcontractor.”

NCGS 22C-2 prohibits as a matter of public policy the insertion of “Pay-When-Paid” clauses in subcontractor agreements. A contractor may not condition subcontractor payments on the contractor’s receipt of payments from the owner.

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NCGS 22C-3 requires contractors to pay subcontractors for work performed in accordance with contract requirements within seven days of contractor’s receipt of a period or final payment from the owner.

12.0 CONFIDENTIALITY REQUIREMENTS

12.1 Bidder hereby agrees to comply with all confidentiality requirements set forth in this section in connection with this Project.

12.2 Confidential Information

Confidential Information includes any information, not generally known in the relevant trade or industry, obtained from the Owner or its vendors or licensors or which falls within any of the following general categories:

A. Trade secrets. For purposes of this Contract, trade secrets consist of information of the Owner or any of its suppliers, contractors or licensors: (a) that derives value from being secret; and

(b) that the owner has taken reasonable steps to keep confidential. Examples of trade secrets include information relating to proprietary software, new technology, new products or services, flow charts or diagrams that show how things work, manuals that tell how things work and business processes and procedures.

B. Information of the Owner or its suppliers, contractors or licensors marked “Confidential” or “Proprietary.”

C. Information relating to criminal investigations conducted by the Owner, and records of criminal intelligence information compiled by the Owner.

D. Information contained in the City/County’s personnel files, as defined by N.C. Gen. Stat. 160A-

168. This consists of all information gathered and/or maintained by the Owner about employees, except for that information which is a matter of public record under North Carolina law.

E. Citizen or employee social security numbers collected by the Owner.

F. Computer security information of the Owner, including all security features of electronic data processing, or information technology systems, telecommunications networks and electronic security systems. This encompasses but is not limited to passwords and security standards, procedures, processes, configurations, software and codes.

G. Local tax records of the Owner that contains information about a taxpayer’s income or receipts.

H. Any attorney / Owner privileged information disclosed by either party.

I. Any data collected from a person applying for financial or other types of assistance, including but not limited to their income, bank accounts, savings accounts, etc.

J. The name or address of individual homeowners who, based on their income, have received a rehabilitation grant to repair their home.

K. Building plans of Owner-owned buildings or structures, as well as any detailed security plans.

L. Billing information of customers compiled and maintained in connection with the Owner providing utility services.

M. Other information that is exempt from disclosure under the North Carolina public records laws.

Categories 11.2(C) through 11.2(M) above constitute “Highly Restricted Information,” as well as Confidential Information. The Company acknowledges that certain Highly Restricted Information

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545057.1 is subject to legal restrictions beyond those imposed by these requirements, and agrees that: (a) all requirements set forth herein applicable to Confidential Information shall apply to Highly Restricted Information; and (b) the Contractor will also comply with any more restrictive instructions or written policies that may be provided by the Owner from time to time to protect the confidentiality of Highly Restricted Information.

12.3 Restrictions

The Contractor shall keep the Confidential Information in the strictest confidence, in the manner set forth below:

A. It shall not copy, modify, enhance, compile or assemble (or reverse compile or disassemble), or reverse engineer Confidential Information.

B. It shall not, directly or indirectly, disclose, divulge, reveal, report or transfer Confidential

Information of the Owner to any third party or to any individual employed by the Contractor, other to know such Confidential Information, and (ii) has executed a confidentiality agreement incorporating substantially the form of this Section and containing all protections set forth herein.

C. It shall not use any Confidential Information of the Owner for its own benefit or for the benefit of a third party, except to the extent such use is authorized by Owner as set forth herein, or is for the purpose for which such Confidential Information is being disclosed.

D. It shall not remove any proprietary legends or notices, including copyright notices, appearing on or in the Confidential Information of the Owner.

E. The Contractor shall use its best efforts to enforce the proprietary rights of the Owner and the Owner’s vendors, licensors and suppliers (including but not limited to seeking injunctive relief where reasonably necessary) against any person who has possession of or discloses Confidential Information in a manner not permitted by Owner.

F. In the event that any demand is made in litigation, arbitration or any other proceeding for disclosure of Confidential Information, the Contractor shall assert these provisions as grounds for refusing the demand and, if necessary, shall seek a protective order or other appropriate relief to prevent or restrict and protect any disclosure of Confidential Information.

G. All materials which constitute, reveal or derive from Confidential Information shall be kept confidential to the extent disclosure of such materials would reveal Confidential Information, and unless otherwise agreed, all such materials shall be returned to the Owner or destroyed upon satisfaction of the purpose of the disclosure of such information.

12.4 Exceptions

The parties agree that the Contractor shall have no obligation with respect to any Confidential Information which the Contractor can establish:

A. Was already known to the Contractor prior to being disclosed by the disclosing party;

B. Was or becomes publicly known through no wrongful act of the Contractor;

C. Was rightfully obtained by the Contractor from a third party without similar restriction and without breach hereof;

D. Was used or disclosed by the Contractor with the prior written authorization of the

Owner;

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E. Was disclosed pursuant to the requirement or request of a governmental agency, which disclosure cannot be made in confidence, provided that, in such instance, the Contractor shall first give to the Owner notice of such requirement or request;

F. Was disclosed pursuant to the order of a court of competent jurisdiction or a lawfully issued subpoena, provided that the Contractor shall use its best efforts to obtain an agreement or protective order providing that, to the greatest extent possible, the confidentiality requirements set forth herein will be applicable to all disclosures under the court order or subpoena.

12.5 Unintentional Disclosure

Notwithstanding anything contained herein to the contrary, in the event that the Contractor is unintentionally exposed to any Confidential Information of the Owner, the Company agrees that it shall not, directly or indirectly, disclose, divulge, reveal, report or transfer such Confidential Information to any person or entity or use such Confidential Information for any purpose whatsoever.

12.6 Remedies

The Contractor acknowledges that the unauthorized disclosure of the Confidential Information of the Owner will diminish the value of the proprietary interests therein. Accordingly, it is agreed that if the Contractor breaches its obligations hereunder, the Owner shall be entitled to equitable relief to protect its interests, including but not limited to injunctive relief, as well as monetary damages.

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III. BID FORMS AND SUPPLEMENTS

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A. ITEMIZED BID

BASE BID

The undersigned Bidder, having carefully examined the Bidding and Contract Documents, and having visited the site, and being familiar with all conditions and requirements of the Work, hereby agrees to furnish all material, labor, equipment, permits and services, including all scheduled Allowances, necessary to complete the Work for the abovenamed project, in accordance with the requirements of the Bidding Documents, for the sum of:

________________________________________________________Dollars ($____________________)

UNIT PRICES

ITEM DESCRIPTION UNIT ESTIMATED

QUANTITY UNIT PRICE EXTENDED

PRICE

PAVING

P1 Asphalt Surface, S 9.5B Ton 5000 P2 Asphalt Surface, S 9.5C Ton 7000

P3 Asphalt Parking Lots, S 9.5B (not requiring traffic control) Ton 500

P4 Binder, Grade PG 64-22 Ton 325 P5 Leveling Course Ton 500 P6 Patching Ton 500

MILLING

M1 Edge Milling SY 5500 M2 Asphalt Milling SY 100-1,000 N/A M3 Asphalt Milling SY 1,001-3,000 N/A M4 Asphalt Milling SY 3,001-6,000 N/A

OTHER

O1 Manhole Adjustment each 75 N/A O2 Valve Adjustment each 50 N/A

TOTAL CONTRACT PRICE

BID GUARANTEE

The undersigned Bidder agrees to execute the Contract for the above amount and to furnish surety as specified within 10 days after notice of award, if offered within 120 calendar days after receipt of bids, and upon failure to do so agrees to forfeit the attached cash, cashier's check, certified check, U. S. money order, or bid bond, as liquidated damages for such failure, in the amount of:

________________________________________________________Dollars ($____________________) the stated amount constituting five percent (5%) of the Base Bid amount above.

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If the Project costs are greater than $300,000, NCGS 143-128(d) requires all single prime bidders to identify their subcontractors for the above subdivisions of work. A contractor whose bid is accepted shall not substitute any person as subcontractor in the place of the subcontractor listed in the original bid, except

(i) if the listed subcontractor’s bid is later determined by the contractor to be non-responsive or the listed subcontractor refuses to enter into a contract for complete performance of the bid work, or (ii) with the approval of the awarding authority for good cause shown by the contractor.

List the following subcontractors you are using on this project:

Electrical ____________________ License #____________________ Mechanical, if applicable ____________________ License #____________________ Plumbing, if applicable ____________________ License #____________________ Fire Protection, if applicable ____________________ License #____________________

BID SUPPLEMENTS

Attached to this Bid Form and incorporated herein are the following documents, completed in full by the undersigned:

Bid Bond (shall be included in a separate sealed envelope)

PLEASE NOTE - FAILURE TO INCLUDE ALL BID SUPPLEMENTS MAY RESULT REJECTION OF THIS BID.

CONTRACTOR'S LICENSE

The undersigned further states that he is a duly licensed Contractor, for the type of work proposed, in the State of North Carolina, and that all fees, permits, etc., pursuant to the submission of this proposal have been paid in full.

LICENSE # ____________.

CONFIDENTIALITY REQUIREMENTS

By signing this bid form, I acknowledge that I have read,…