Street Improvement Project.pdf

ADVERTISEMENT FOR BIDS

Town of Southern Shores

Street Improvement Project

Project: #26 PAVE

October 22, 2026

TABLE OF CONTENTS

ADVERTISEMENT FOR BIDS

CONTRACT PROPOSAL

BID FORM

INSTRUCTIONS TO BIDDERS

NCDOT STANDARD NOTES

PROJECT SPECIAL PROVISIONS

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B-4

B-6

B-7

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SP-1

OTHER DOCUM ENTS

LETTER OF INTENT TO PERFORM AS SUBCONTRACTOR ---------------------------------- O-1

EXECUTION OF BID

DEBARMENT CERT I FI CAT ION S

CONTRACT DOCUMENTS

NOTICE OF AWARD

CONTRACT AGREEMENT

INSURANCE CERTIFICATE

SALES TAX REPORTING

AFFADAVIT

PERFORMANCE BOND

PAYMENT BOND

E-VERIFY AFFADAVIT

PRE-AUD IT CERT I FICATE

ATTORNEY CERTIFICATE

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O-10

C-1

C-2

C-7

C-8

C-9

C-10

C-19

C-28

C-29

C-30

APPENDIX A (Project Standard Construction Specifications)

APPENDIX B (Project Typical Sections)

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Southern Shores Street Improvement Project #26 Pave

The Town of Southern Shores will receive sealed bids for the following Project:

PROJECT NAME: Southern Shores Street Improvement

Project #26 Pave

BID DUE DATE & TIME: November 19, 2026 AT 11:00

AM

SCOPE OF WORK: The proposed project is located within the right-of-way or easements on various streets in Southern Shores, NC. The project includes the repair, patching, and/or rehabilitation of the following streets:

STREET NAME BEGINNING STREET END DESCRIPTION REPAIR DESCRIPTION

Hillcrest Drive Hickory Trail Sea Oats Trail 1.5’’ Overlay with edge mill

Hillcrest Drive Sea Oats Trail NC12 1.5’’ Overlay with edge mill

Porpoise Run Wax Myrtle Trail NC12 1.5’’ Overlay with edge mill

Dolphin Run Wax Mrytle Trail NC12 1.5’’ Overlay with edge mill

Wax Myrtle Trail E Dogwood Trail Porpoise Run 1.5’’ Overlay with edge mill

2nd Ave Entire Street Entire Street 1.5’’ Overlay with edge mill

3rd Ave Entire Street Entire Street 1.5’’ Overlay with edge mill

4th Ave Entire Street Entire Street 1.5’’ Overlay with edge mill

5TH Ave Entire Street Entire Street 1.5’’ Overlay with edge mill

6th Ave Entire Street Entire Street 1.5’’ Overlay with edge mill

7th Ave Entire Street Entire Street 1.5’’ Overlay with edge mill

8th Ave Entire Street Entire Street 1.5’’ Overlay with edge mill

9th Ave (East) Entire Street Entire Street 1.5’’ Overlay with edge mill

10th Ave (East) Entire Street Entire Street 1.5’’ Overlay with edge mill

11th Ave (East) Entire Street Entire Street 1.5’’ Overlay with edge mill

12th Ave (East) Entire Street Entire Street 1.5’’ Overlay with edge mill

13th Ave Entire Street Entire Street 1.5’’ Overlay with edge mill

10th Ave (West) Entire Street Entire Street 1.5’’ Overlay with edge mill

11th Ave (West) Entire Street Entire Street 1.5’’ Overlay with edge mill

12th Ave (West) Entire Street Entire Street 1.5’’ Overlay with edge mill

This advertisement will be posted on Town of Southern Shores website.

Interested bidders must obtain an official bid package in order to bid. Contract Documents are available at the following location:

Southern Shores Town Hall

5375 N. Virginia Dare Trail

Southern Shores, NC 27949

One copy of the Contract Documents will also be available for reference at the Town Hall.

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A Pre-bid Conference will be held on November 5, 2026, at 11:00 AM in the

Council Chambers of the Pitts Center Building, located at 5375 N. Virginia Dare

Trail, Southern Shores, North Carolina 27949.

Although attendance is not mandatory, it is strongly encouraged and recommended. At that time the special provisions of the project and method of measurement and payment for the various bid items will be discussed along with other various aspects of the project. Attendees will visit several sites as a group and view the work in the field. Bidders will be encouraged to ask questions. An addendum outlining the items discussed at the Pre-bid Conference will not be issued however, any changes to or clarifications of the project documents that occur as a result of the Pre-bid Conference will be issued as an addendum.

Pursuant to the General Statutes of North Carolina, Section 143-129, separate sealed bids will be received by the TOWN OF SOUTHERN SHORES, North Carolina, in Town Hall Building located at 5375 N. Virginia Dare Trail, Southern Shores, North Carolina 27949, through

November 19, 2026 at 11:00 a.m. Immediately thereafter, all bids will be publicly opened and read for the furnishing of all labor, material, equipment, supplies and supervision for the construction of the Street Improvement Projects.

The Town of Southern Shores is an equal opportunity municipality and invites small and minority contractors to bid. No BIDDER may withdraw his bid within 60 days of the date of bid opening without forfeiting the bid bond. The TOWN reserves the right to waive any informality or to reject any or all bids. The BIDDER to whom contract is awarded must comply fully with requirements of G.S. Section 143-129, as amended including a bond in the full amount of the contract to secure the faithful performance of the contract and the payment of all services due for labor and materials.

Bidders must be properly licensed under North Carolina state law to perform the work.

For more project information, contact David Bradley, Town of Southern Shores Public

Works Director, at (252) 256-2503 or dbradley@southernshores-nc.gov .

Return sealed bid package to:

Attn: Cliff Ogburn, Town Manager

Southern Shores, NC 27949.

The Town of Southern Shores reserves the right to reject any and all bids and to waive any informalities or technicalities as it may deem to be in its best interest.

mailto:dbradley@southernshores-nc.gov

TOWN OF SOUTHERN SHORES

CONTRACT PROPOSAL

PROJECT NUMBER: 26 PAVE

COUNTY: DARE

DESCRIPTION: SOUTHERN SHORES STREET IMPROVEMENT

PROJECT #26 PAVE

DATE OF ADVERTISEMENT: October 22, 2026

OPTIONAL PRE-BID MEETING: November 5, 2026

BID OPENING: November 19, 2026

*** NOTICE ***

ALL BIDDERS SHALL COMPLY WITH ALL APPLICABLE LAWS REGULATING THE PRACTICE OF

GENERAL CONTRACTING AS CONTAINED IN CHAPTER 87 OF THE GENERAL STATUTES OF

NORTH CAROLINA. FOR CONTRACTS $30,000 OR MORE, EXCEPT FOR CERTAIN SPECIALTY

WORK AS DETERMINED BY THE LICENSING BOARD, BIDDERS ARE REQUIRESD TO BECOME

LICENSED BY THE NC LICENSING BOARD. NON-LICENSED BIDDERS ARE PERMITED 60 DAYS

AFTER BID OPENING TO OBTAIN PROPER LICENSING FOR THE TYPE OF PROJECT BEING LET.

BIDDERS SHALL ALSO COMPLY WITH ALL OTHER APPLICABLE LAWS REGULATING THE

PRACTICES OF ELECTRICAL, PLUMBING, HEATING AND AIR CONDITIONING AND

REFRIGERATION CONTRACTING AS CONTAINED IN CHAPTER 87 OF THE GENERAL STATUTES

OF NORTH CAROLINA.

The undersigned, as BIDDER, hereby declares that the only person or persons interested in this proposal as principal or principals is or are named herein and that no other person than herein mentioned has any interest in this proposal or in the contract to be entered into; that this proposal is made without connection with any other person, company or parties making a bid or proposal; and that it is in all respects fair and in good faith without collusion or fraud.

The BIDDER further declares that he has examined the site of the work and informed himself fully in regard to all conditions pertaining to the place where the work is to be done; that he has examined the specifications for the work and the contract documents relative thereto, and has read all special provisions furnished prior to the opening of bids; that he has satisfied himself relative to the work to be performed. The BIDDER proposes and agrees if this proposal is accepted to contract with the TOWN OF SOUTHERN SHORES, North Carolina, in the form of contract specified, to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and labor necessary to complete the construction of:

Town of Southern Shores – Street Improvement Project #26 PAVE

In full and in complete accordance with the plans, specifications and contract documents, to the full and entire satisfaction of the Town of Southern Shores, with a definite understanding that no money will be allowed for extra work except as set forth in the General Conditions and Contract Documents, for the sum of:

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Unit prices will be used to pay for actual quantities or materials installed or work done and will be used in changes in quantities as authorized by the MANAGER.

The BIDDER hereby proposes and agrees to commence work under this contract on a date to be specified in a written order of the MANAGER and shall fully complete all work thereunder within the time proposed by the BIDDER on the bid proposal from and including said date. For each day in excess of the stated number of days, the CONTRACTOR shall pay the OWNER the sum stated in the General Conditions as liquidated damages.

RETURN BIDS TO: TOWN OF SOUTHERN SHORES

Attention: Cliff Ogburn, Town Manager

Physical Address: 5375 N. Virginia Dare Trail, Southern Shores, North Carolina 27949

ALL BIDS MUST BE RECEIVED PRIOR TO THE DATE AND TIME LISTED ABOVE.

Respectfully submitted this day of , .

Name of Firm or Corporation

By:

Witness

By:

Title:

(Seal if Bid is By a Corporation) Business Address

License No.

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BID FORM

The BIDDER agrees to perform all the contract work described in the specifications and shown on the plans for the following unit prices:

BASE BID SHALL BE UNIT PRICE BASED AS SHOWN BELOW:

Unit prices are complete for labor, equipment, material, overhead and profit. Base Bid includes the quantity of each item to be furnished complete according to the work shown on the plans and specifications and as estimated herein, inclusive of all appurtenances, as shown and specified.

**Lump Sum Traffic Control includes all work zone signing (temporary and permanent), flagging, etc. to maintain traffic according to the MUTCD. Also included in this item is all cleanup to finish project i.e.

picking up extra asphalt, trash, and debris from project.

Item # Item Qty Unit Unit Cost Line Item Total

1 Mobilization 1 LS

2 Lump Sum Traffic Control** 1 LS

Liquid Asphalt for Plant Mix 336 TON

4 Asphalt Surface Course – RS9.5B 1.5” depth 5,178 TON

5 Milling Asphalt Pavement (Profile Milling from 1.5’’ in depth at the edge of pavement down to 0.0’’)

7,361 SY

6 Thermoplastic Double Yellow Line 165 LS

7 Valve Cover Adjustment 1 EA

8 Thermoplastic Stop Bar 19 EA

9 Thermoplastic High Visibility Crosswalk 391 LF

TOTAL COST OF ALL LINE ITEMS

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INSTRUCTIONS TO BIDDERS

PLEASE READ ALL INSTRUCTIONS CAREFULLY BEFORE PREPARING AND

SUBMITTING YOUR BID.

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 THE TOWN OF SOUTHERN SHORES with the proposal shall be used and shall not be altered in any manner. DO NOT SEPARATE THE BID

FORM FROM THE PROPOSAL!

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.

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.

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11. THE PROPOSAL WITH THE BID FORM STILL ATTACHED SHALL BE

PLACED IN AN OPAQUE SEALED ENVELOPE, MARKED "PROPOSAL" AND

BEARING THE TITLE OF THE BID NUMBER, THE NAME OF THE BIDDER, AND

THE BIDDER'S LICENSE NUMBER, AND SHALL HAVE BEEN DELIVERED TO

AND RECEIVED IN THE OFFICE OF THE TOWN MANAGER, TOWN HALL

BUILDING LOCATED AT 5375 N. VIRGINIA DARE TRAIL, SOUTHERN SHORES,

NORTH CAROLINA 27949, BY 11:00 ON November 19, 2026.

12. The sealed bid must display the following statement on the front of the sealed envelope:

“QUOTATION FOR – STREET IMPROVEMENT PROJECTS IN SOUTHERN

SHORES TO BE OPENED AT 11:00 A.M. ON NOVEMBER 19, 2026.”

13. If delivered by mail, the sealed envelope shall be placed in another sealed envelope and the outer envelope shall be addressed as follows:

Attn: Cliff Ogburn - Town Manager

Southern Shores, NC 27949

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STANDARD NOTES

A. NCDOT Standard Specifications — The Town will utilize the 2018 North Carolina Department of Transportation Standard Specifications for Roads and Structures, herein referred to as the ‘Standard Specifications’, and the 2018 Roadway Standard Drawings, shall apply to all portions of this project except as may be modified by this document.

B. Award of Contract - The contract will be awarded to the lowest responsible, responsive bidder. Alternate items will not be considered in determining the low bidder and will only be evaluated after the award of the contract is made.

C. Contractor Licensing — Non-licensed contractors are permitted to submit bids, however they must be licensed prior to performing any work. Bidders are permitted 60 days, after bid opening, to become licensed by the North Carolina Licensing Board. If they fail to do so within 60 days, their bid will be considered non-responsive and will be rejected. If the successful bidder does not hold the proper license to perform any plumbing, heating, air conditioning, or electrical work in this contract, he will be required to sublet such work to a contractor properly licensed in accordance with Article 2 of Chapter 87 of the General Statutes (licensing of heating, plumbing, and air conditioning contractors) and Article 4 of Chapter 87 of the General Statutes (licensing of electrical contractors).

D. Bonds - Please note that all Bid Bonds, Payment Bonds, and Performance Bonds required for this project, shall be those found on the NCDOT website.

E. Liability Insurance — In addition to any insurance requirements as may be required by the UA, the Contractor is obligated to comply with Article 107- 15 of the Standard Specifications including the dollar limits set forth.

F. Proprietary Items - When a proprietary (brand name) product, whether material, equipment or procedure, are specified in the plans or specifications, they are used only to denote the style, type, character, and quality desired of the product. They do not restrict the bidder from proposing other brands, makes, or manufacturers, which are determined to be of equal quality. The approval, or disapproval of those products, will be made by the

Engineer prior to allowing those product(s) or material(s) to be incorporated into the work.

G. Retainaqe by LGAs — The LCA for this contract will not retain any amount or percentage from progress payments or final estimates due the contractor.

H. Retainaqe by Contractors — Contractors are NOT permitted to retain any amount or percentage from monies due their subcontractors or material suppliers on federally funded projects except as permitted by Subarticle 109-

4(B) of the Standard Specifications.

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I. Traffic Control —The requirements of the Manual on Uniform Traffic

Control Devices (MUTCD) — FHWA, as amended by the NCDOT

Supplement to MUTCD, shall apply. Traffic Control, both vehicular and pedestrian, shall be maintained throughout the project as required by these specifications as modified by the project plans or special provisions.

ALLOWABLE CHANGES TO THE NCDOT 2018 STANDARD SPECIFICATIONS:

1. Article 102-1 Invitation to Bid, page 1-9, delete this section in its entirety.

2. Subarticle 102-8(B) Electronic Bids, page 1-15, delete this section in its entirety.

3. Subarticle 102-9(C)2 Electronic Bids, page 1-17, delete this section in its entirety.

4. Subarticle 102-10 Bid Bond or Bid Deposit, page 1-18, delete lines 16-27.

5. Subarticle 102-11 Delivery of Bids, pages 1-18-19, delete lines 31-32.

6. Subarticle 102-12(A) Paper Bid, page 1-18, line 37, the reference to “Contract Officer” shall be changed to “Town Manager”.

7. Subarticle 102-12(B) Electronic Bid, pages 1-18 and 19, delete this section in its entirety.

8. Subarticle 102-13(B)2 Electronic Bids, page 1-19, delete this section in its entirety.

9. Subarticle 103-2(B) Electronic Bids, page 1-22, delete this section in its entirety.

10. Subarticle 103-3(A) Criteria for Withdrawal of Bid, page 1-22, modify the reference “G.S.136-28.1” to “G.S.143-129.1”. On page 1-23, in that same subarticle under (5), line 11, modify “State Contract Officer” to “Town

Manager”.

11. Article 103-7 Contract Bonds, page 1-30, line 5, modify “14” calendar days to “10” calendar days per G.5.143-129.

12. Article 103-9, Failure to Furnish Contract Bonds, page 1-30, line 15, modify “14” calendar days to “10” calendar days per G.S.143-129.

13. Article 105-9 Construction Stakes, Line sand Grades, page 1-48, delete this section in its entirety and substitute the following: “The Municipality will not set the stakes, lines or grades for this project.”

14. Article 108-2, Progress Schedule, page 1-68, add the following requirement as subarticle

(D) on page 1-69: “The municipality may add additional requirements as noted in the bid proposal”.

15. Article 108-3, Preconstruction Conference, page 1-69, line 20, change “Division Engineer” to “Town Manager”.

16. Article 108-4, Construction Conferences, page 1-69, line 28, change “Resident Engineer” to “Town Manager”.

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PROJECT SPECIAL PROVISIONS

GENERAL

MAINTENANCE OF

TRAFFIC:

Unless otherwise approved by the Town Manager, the Contractor shall maintain a minimum of one lane of traffic at all times and will provide driveway access to all dwellings upon demand. Maintenance of traffic will be accomplished in accordance with the North Carolina

Department of Transportation Manual on Uniform Traffic Control Devices.

CONTRACTOR’S REPRESENTATIVE:

In order to provide for the orderly progression of the project and the consistent quality of work, it is important that the contiguity of the project field representative be maintained. In that regard, the Contractor shall designate and provide one construction superintendent for the project. This one individual shall be the Contractor’s field representative for the entire duration of the project unless otherwise specifically approved by the Engineer. Likewise, the Contractor shall designate and provide one paving foreman for all resurfacing work. This one individual shall direct all resurfacing operations for the entire duration of the project unless otherwise specifically approved by the Engineer.

YARD MAINTENANCE:

This work is being accomplished in front of existing dwellings. As such, the Contractor shall take all measures necessary to preserve the existing condition of the yards and lawns.

Accordingly, the following restrictions and requirements shall be imposed on the Contractor.

1) No equipment, materials, or construction shall be permitted outside the limits of right-of-way or temporary construction easements.

2) The Contractor shall take all measures necessary to prohibit damage to existing yard trees.

3) The Contractor shall take all measures necessary to minimize damage to any existing yard shrubs and bushes.

4) The Contractor shall continually keep all paper, wrappers, bottles, cans, material wastes, and other miscellaneous debris cleaned up.

NOTICE TO PROCEED:

The notice to proceed shall state the date on which it is expected the Contractor may begin the construction and from which date contract time will be charged. The Contractor shall notify the Town Manager at least seven (7) days in advance of the time actual construction will begin.

Once work begins, the Contractor is expected to work continuously until completion of the work.

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MAINTAINING ACCESS:

The Contractor shall control his operations and the operations of his subcontractors and all suppliers so as to provide for the continuous movement of traffic.

When the work requires the Contractor to conduct his operations in an area, which disrupts the public access, the work shall be coordinated with the Town Manager at least 48 hours prior to commencement of such work.

The Contractor shall not close an area until so authorized by the Town Manager and until the necessary temporary sign(s) is in place.

WATER SOURCE:

The Contractor will be responsible for obtaining a water source. No separate payment will be made for this work, and all associated costs will be considered incidental to other items in the contract.

STORAGE OF MATERIALS:

In addition to Section 106-5 of the January 2018 North Carolina Department of

Transportation Standards and Specifications for Roadways and Structures the following shall also apply: Private property shall not be used for storage purposes without written permission of the Owner of such property. The Contractor shall make all arrangements and bear all expenses for the storage of materials on private property other than areas specifically shown on the plans. Upon request, the Contractor shall furnish the Town

Manager a copy of the property owner’s permission.

DRUG FREE WORKPLACE:

The Contractor is to provide and maintain a drug free workplace, including certification, in accordance with the Federal Drug Free Workplace Act of 1988(40 CFR Part 32).

MATERIALS SAMPLING AND TESTING:

The Town consulting engineer will select an independent company for materials sampling and testing with a recognized and approved testing laboratory. The expense of such tests shall be borne by the Town unless otherwise specified.

Note: The samples are to be transported by a third-party testing firm to the testing facility.

The Contractor shall coordinate with the Town or its assigns to provide access to and make available all materials necessary to be tested, as may be designated by the Consulting Engineer, in the presence of the Consulting Engineer, unless otherwise provided in the “Special Provisions.” The Consulting Engineer may also require field test or tests on materials at the place of manufacture, by representatives of the Testing Laboratory which shall also be at the Town’s expense.

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NOTICE OF SUBSTANTIAL COMPLETION

Substantial completion and final payment should not be made to the Contractor until a final walk through and final records review with Town staff or their representative has taken place and found acceptable.

Before a Notice of Substantial completion is issued, the Contractor shall submit to the Engineer (or the Owner if indicated) certain records, certifications, etc., which are specified elsewhere in the Contract Documents. Missing, incomplete, unacceptable items, as determined by the Consulting Engineer or the Owner, shall constitute grounds for withholding final Payment to the Contractor. A partial list of such items appears below, but it shall be the Contractor's responsibility to submit any other items that are required in the Contract Documents:

A. Test results of project components.

B. Certification of materials in compliance with contract Documents.

CONTRACT TIME AND LIQUIDATED DAMAGES:

The date of availability for this contract is the issued date of the Notice to Proceed. The completion date for this contract is June 30, 2027. Observation periods required by the contract will not be a part of the work to be completed by the completion date and/or intermediate contract times stated in the contract. The acceptable completion of the observation periods that extend beyond the final completion date shall be a part of the work covered by the performance and payment bonds.

The liquidated damages for this contract are Five Hundred Dollars ($500.00) per calendar day.

TIME RESTRICTIONS AND LIQUIDATED DAMAGES:

The Contractor shall complete the required work of installing, maintaining, and removing the traffic control devices for lane closures and restoring traffic to the existing traffic pattern. The Contractor shall not close or narrow a lane of traffic during the following time restrictions:

DAY AND TIME RESTRICTIONS

5:00 P.M. on FRIDAY AFTERNOON UNTIL 7:00 A.M. MONDAY MORNING

In addition, the Contractor shall not close or narrow a lane of traffic, detain and/or alter the traffic flow on or during holidays, holiday weekends, special events, or any other time when traffic is unusually heavy.

Holidays and holiday weekends shall include New Year's, Martin Luther King Jr.’s Birthday, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas. The Contractor shall schedule his work so that lane closures will not be required during these periods, unless otherwise directed by the Engineer.

The liquidated damages are Five Hundred Dollars ($ 500.00) per hour.

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NO MAJOR CONTRACT ITEMS:

None of the items included in this contract will be major items.

NO SPECIALTY ITEMS:

None of the items included in this contract will be specialty items (see Article 108-6 of the

2018 Standard Specifications).

PRICE ADJUSTMENT - ASPHALT BINDER FOR PLANT MIX:

Price adjustments for asphalt binder for plant mix will be made in accordance with Section 620 of the 2018 Standard Specifications.

The base price index for asphalt binder for plant mix is $752.50 per ton.

This base price index represents an average of F.O.B. selling prices of asphalt binder at supplier's terminals on October 1, 2026.

SUBSURFACE INFORMATION:

There is no subsurface/geotechnical information available on this project. The Contractor shall make his own investigation of subsurface conditions if desired.

TWELVE MONTH GUARANTEE

(A) The Contractor shall guarantee materials and workmanship against latent and patent defects arising from faulty materials, faulty workmanship or negligence for a period of twelve months following the date of final acceptance of the work for maintenance and shall replace such defective materials and workmanship without cost to THE TOWN OF SOUTHERN SHORES. The Contractor will not be responsible for damage due to faulty design, normal wear and tear, for negligence on the part of THE TOWN OF SOUTHERN SHORES, and/or for use in excess of the design.

(B) Where items of equipment or material carry a manufacturer’s guarantee for any period in excess of twelve months, then the manufacturer’s guarantee shall apply for that particular piece of equipment or material. THE TOWN OF SOUTHERN SHORES’s first remedy shall be through the manufacturer although the Contractor is responsible for invoking the warranted repair work with the manufacturer. The Contractor’s responsibility shall be limited to the term of the manufacturer’s guarantee. THE TOWN OF SOUTHERN SHORES would be afforded the same warranty as provided by the Manufacturer.

This guarantee provision shall be invoked only for major components of work in which the Contractor would be wholly responsible for under the terms of the contract. Examples would include pavement structures, bridge components, and sign structures. This provision will not be used as a mechanism to force the Contractor to return to the project to make repairs or perform additional work that THE TOWN OFSOUTHERN SHORES would normally compensate the Contractor for. In addition, routine maintenance activities (i.e. mowing grass, debris removal, ruts in earth shoulders,) are not parts of this guarantee.

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Appropriate provisions of the payment and/or performance bonds shall cover this guarantee for the project.

ADJUSTMENT OF MANHOLES, METER BOXES, AND VALVE

BOXES:

The Contractor's attention is directed to Article 858-3 of the 2018 Standard Specifications. Cast iron or steel fittings will not be permitted for the adjustment of manholes, meter boxes, and valve boxes on this project if necessary.

LUMP SUM PAYMENT FOR TRAFFIC CONTROL:

The Contractor shall maintain traffic on all streets during construction and shall provide, install and maintain all traffic control devices as shown in the Roadway Standard Drawings or as directed by the Engineer. The Contractor shall also clean up excess asphalt, gravel, trash, debris, etc. from each job location.

The lump sum price bid for traffic control shall include but not be limited to providing Signs

(portable, stationary, or barricade), Flashing Arrow Boards (FAB), Pilot Vehicle, Flaggers, Cones, and Drums and all labor, tools, equipment and incidentals necessary to furnish, install, maintain and remove traffic control devices when no longer required.

Basis of Payment:

Partial payments will be made on each payment estimate based on the following: Fifty percent of the contract lump sum price bid will be paid on the first monthly estimate and the remaining 50% of the contract lump sum price bid will be paid on each subsequent estimate based on the percent of the project completed.

Payment will be made under: Lump Sun Traffic Control.

STANDARD CONSTRUCTION SPECIFICATIONS

See APPENDIX B for Standard Construction Specifications for this project.

MILLING & PAVING

Paving calls for profile milling approximately 1.5” of asphalt and repaving with 1.5” RS9.5B. The process may expose the subbase for this road; therefore, shall be completed as follows:

• Special attention to weather, etc. for the day should be considered prior to starting milling.

• The concern is the subbase should not be exposed to inclement weather which could create issues with the repaving.

• Milling of pavement shall be scheduled for a time that allows for repaving the same day.

• Once milling progresses to the point of that single lane may be repaved, the paving operation shall begin.

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MINORITY AND WOMEN BUSINESS ENTERPRISES (MBE & WBE)

The Town invites and encourages participation in this procurement process by minority and women business enterprises in accordance with North Carolina General Statute 143-128.2. Although there are no specific goals for this project, Contractors are encouraged to utilize and shall report all utilization of MBE and DBE subcontractors on this project.

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NAME OF BIDDER: CONTRACT:

LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR

The undersigned intends to perform work in connection with the above contract upon execution of the bid and subsequent award of contract by the Town of Southern Shores as:

Name of MBE/WBE/DBE Subcontractor Address City State

Please check all that apply:

Minority Business Enterprise (MBE) Women Business Enterprise (WBE)

Disadvantaged Business Enterprise (DBE)

The MBE /WBE /DBE status of the above-named subcontractor is certified by the North Carolina Department of Transportation. The above-named subcontractor is prepared to perform the described work listed on the attached MBE/WBE/DBE Commitment Items sheet, in connection with the above contract upon execution of the bid and subsequent award of contract by the Town of Southern Shores. The above-named subcontractor is prepared to perform the described work at the estimated Commitment Total for Subcontractor Price identified on the MBE/WBE/DBE Commitment Items sheet and amount indicated below.

Commitment Total based on estimated Unit Prices and Quantities on the “attached” MBE/WBE/DBE Commitment Items sheet:

Amount $

The above-named bidder and subcontractor mutually accepts the Commitment Total estimated for the Unit Prices and Quantities. This commitment total is based on estimated quantities only and most likely will vary up or down as the project is completed. Final compensation will be based on actual quantities of work performed and accepted during the pursuance of work. The above listed amount represents the entire dollar amount quoted based on these estimated quantities. No conversations, verbal agreements, and/or other forms of non-written representations shall serve to add, delete, or modify the terms as stated.

This document shall not serve in any manner as an actual subcontract between the two parties. A separate subcontractor agreement will describe in detail the contractual obligations of the bidder and the MBE/WBE/DBE subcontractor.

Affirmation

The above named MBE/ WBE/ DBE subcontractor affirms that it will perform the portion(s) of the contract for the estimated dollar value as stated above.

Name of MBE/ WBE/ DBE Subcontractor

Signature / Title

Date

Name of Bidder

Signature / Title

Date

M-2

Rev 11-4-13

0-2

LISTING OF DBE SUBCONTRACTORS Sheet of firm Name and Address Item No. Item Description

* Agreed upon

Unit Price

** Dollar Volume of Item

Name

* The Dollar Volume shown in this column shall be the Actual Price Agreed pan by the Prime Contractor and the DBE subcontractor, and these prices will be used to determine the percentage of the DBE participation in the contract.

** Dollar Volume of DBE Subcontractor Percentage of Total Contract Bid Price:

If firm is a Material Supplier Only, show Dollar Volume as 60% of Agreed Upon Amount from letter of Intent.

If firm is a Manufacturer, show Dollar Volume as I 00% of Agreed Upon Amount from Letter of Intent.

M-2

Rev 11-4-13

0-J

LISTING OF DBE SUBCONTRACTORS Sheet of firm Name and Address Item No. Item Description

* Agreed upon

Unit Price ** Dollar Volume of Item

* The Dollar Volume shown in this column shall be the

Actual Price Agreed Upon by the Prime Contractor and the ** Dollar Volume of DBE Subcontractor $

DBE subcontractor, and these prices will be used to determine Percentage of Total Contract Bid Price % the percentage of the DBE participation in the contract.

** Dollar Volume of DBE Subcontractor Percentage of Total Contract Bid Price:

If firm is a Material Supplier On<)', show Dollar Volume as 60% of Agreed Upon Amount from Letter of Intent.

If firm is a Manufacturer, show Dollar Volume as I 00% a/Agreed Upon Amount from Letter of Intent.

Signature of Notary Public of County

State of

My Commission Expires:

O-4

Contract No.

County

EXECUTION OF BID

NON-COLLUSION AFFIDAVIT, DEBARMENT CERTIFICATION AND GIFT BAN CERTIFICATION

CORPORATION

The person executing the bid, on behalf of the Bidder, being duly sworn, solemnly swears (or affirms) that neither he, nor any official, agent or employee of the bidder has entered into any agreement, participated in any collusion, or otherwise taken any action which is in restraint of free competitive bidding in connection with any bid or contract, that the bidder has not been convicted of violating N.C.G.S. § 133-24 within the last three years, and that the Bidder intends to do the work with its own bonafide employees or subcontractors and is not bidding for the benefit of another contractor.

In addition, execution of this bid in the proper manner also constitutes the Bidder's certification of status under penalty of perjury under the laws of the United States in accordance with the Debarment Certification attached, provided that the Debarment Certification also includes any required statements concerning exceptions that are applicable.

N.C.G.S. § 133-32 and Executive Order 24 prohibit the offer to, or acceptance by, any Town Employee of any gift from anyone with a contract with the Town, or from any person seeking to do business with the Town. By execution of any response in this procurement, you attest, for your entire organization and its employees or agents, that you are not aware that any such gift has been offered, accepted, or promised by any employees of your organization.

SIGNATURE OF CONTRACTOR

Full name of Corporation

Address as Prequalified

Attest By Secretary/Assistant Secretary

Select appropriate title

Print or type Signer's name

President/Vice President/Assistant Vice President

CORPORATE SEAL

AFFIDAVIT MUST BE NOTARIZED

Subscribed and sworn to before me this the day of

NOTARY SEAL

Rev. 11-1-12

M-4

Signature of Notary Public of County

State of

0-5

PARTNERSHIP

The person executing the bid, on behalf of the Bidder, being duly sworn, solemnly swears (or affirms) that neither he, nor any official, agent or employee of the bidder has entered into any agreement, participated in any collusion, or otherwise taken any action which is in restraint of free competitive bidding in connection with any bid or contract, that the bidder has not been convicted of violating N.C.G.S. § 133-24 within the last three years, and that the Bidder intends to do the work with its own bonafide employees or subcontractors and is not bidding for the benefit of another contractor.

In addition, execution of this bid in the proper manner also constitutes the Bidder's certification of status under penalty of perjury under the laws of the United States in accordance with the Debarment Certification attached, provided that the Debarment Certification also includes any required statements concerning exceptions that are applicable.

N.C.G.S. § 133-32 and Executive Order 24 prohibit the offer to, or acceptance by, any Town Employee of any gift from anyone with a contract with the Town, or from any person seeking to do business with the Town. By execution of any response in this procurement, you attest, for your entire organization and its employees or agents, that you are not aware that any such gift has been offered, accepted, or promised by any employees of your organization.

Full Name of Partnership

By Signature of Witness

Signature of Partner

Subscribed and sworn to before me this the NOTARY SEAL

Rev. 11-1-12

M-4

Signature of Notary Public of County

State of

0-6

LIMITED LIABILITY COMPANY

The person executing the bid, on behalf of the Bidder, being duly sworn, solemnly swears (or affirms) that neither he, nor any official, agent or employee of the bidder has entered into any agreement, participated in any collusion, or otherwise taken any action which is in restraint of free competitive bidding in connection with any bid or contract, that the bidder has not been convicted of violating N.C.G.S. § 133-24 within the last three years, and that the Bidder intends to do the work with its own bona fide employees or subcontractors and is not bidding for the

In addition, execution of this bid in the proper manner also constitutes the Bidder's certification of status under penalty of perjury under the laws of the United States in accordance with the Debarment Certification attached, provided that the Debarment Certification also includes any required statements concerning exceptions that are

N.C.G.S. § 133-32 and Executive Order 24 prohibit the offer to, or acceptance by, any Town Employee of any gift from anyone with a contract with the Town, or from any person seeking to do business with the Town. By execution of any response in this procurement, you attest, for your entire organization and its employees or agents, that you are not aware that any such gift has been offered, accepted, or promised by any employees of your

Full Name of Firm

Signature of Member/Manager/Authorized Agent

Print or type Signer's Name day of _____________________ 20

Rev. 11-1-12 County M-4

O-7

NON-COLLUSION AFFIDAVIT, DEBARMENT CERTIFICATION AND GIFT BAN

CERTIFICATION

JOINT VENTURE (2) or (3)

The person executing the bid, on behalf of the Bidder, being duly sworn, solemnly swears (or affirms) that neither he, nor any official, agent or employee of the bidder has entered into any agreement, participated in any collusion, or otherwise taken any action which is in restraint of free competitive bidding in connection with any bid or contract, that the bidder has not been convicted of violating N.C.G.S. § 133-24 within the last three years, and that the Bidder intends to do the work with its own bonafide employees or subcontractors and is not bidding for the benefit of another contractor.

In addition, execution of this bid in the proper manner also constitutes the Bidder's certification of status under penalty of perjury under the laws of the United States in accordance with the Debarment Certification attached, provided that the Debarment Certification also includes any required statements concerning exceptions that are applicable.

C.G.S. § 133-32 and Executive Order 24 prohibit the offer to, or acceptance by, any Town Employee of any gift from anyone with a contract with the Town, or from any person seeking to do business with the Town. By execution of any response in this procurement, you attest, for your entire organization and its employees or agents, that you are not aware that any such gift has been offered, accepted, o r promised by any employees of your organization.

SIGNATURE OF CONTRACTOR

Instructions: 2 Joint Venturers Fill in lines (I), (2) and (3) and execute. 3 Joint Venturers Fill in lines (I), (2), (3) and (4) and execute. On Line (I), fill in the name of the Joint Venture Company. On Line (2), fill in the name of one of the joint venturers and execute below in the appropriate manner. On Line (3), print or type the name of the other joint venturer and execute below in the appropriate manner. On Line(4), fill in the name of the third joint venturer, if applicable and execute below in the appropriate manner.

Name of Joint Venture

(2)

Name of Contractor

Signature of Witness or Attest

If Corporation, affix Corporate Seal and

Signature of Contractor

(3)

Signature of Witness or Attest By

If Corporation, affix Corporate Seal and

(4)

Name of Contractor Vol 3 Joint Venture only)

NOTARYSEAL

NOTARY SEAL NOTARY SEAL

Affidavit must be notarized for Line (2)

Subscribed and sworn to before me this day of 20

Affidavit must be notarized for Line (3)

Subscribed and sworn to before me this day of 20

Affidavit must be notarized for Line (4)

Subscribed and sworn to before me this day of 20

State of

My Commission Expires:

Signature of Notary Public of County

State of

My Commission Expires:

Signature of Notary Public of Count

State of

O-8

INDIVIDUAL DOING BUSINESS UNDER A FIRM NAME

The person executing the bid, on behalf of the Bidder, being duly sworn, solemnly swears (or affirms) that neither he, nor any official, agent or employee of the bidder has entered into any agreement, participated in any collusion, or otherwise taken any action which is in restraint of free competitive bidding in connection with any bid or contract, that the bidder has not been convicted of violating N.C. G.S. §133-24 within the last three years, and that the Bidder intends to do the work with its own bonafide employees or subcontractors and is not bidding for the

In addition, execution of this bid in the proper manner also constitutes the Bidder's certification of status under penalty of perjury under the laws of the United States in accordance with the Debarment Certification attached, provided that the Debarment Certification also includes any required statements concerning exceptions that are

N.C.G.S. § 133-32 and Executive Order 24 prohibit the offer to, or acceptance by, any Town Employee of any gift from anyone with a contract with the Town, or from any person seeking to do business with the Town. By execution of any response in this procurement, you attest, for your entire organization and its employees or agents, that you are not aware that any such gift has been offered, accepted, or promised by any employees of your

Individual name

Trading and doing business as Full name of Firm

Signature of Contractor,Individually

Print or type Signer’s name

Subscribed and sworn to before met his the day of _____________________ 20

NOTARY SEAL

0-9

INDIVIDUAL DOING BUSINESS IN HIS OWN NAME

The person executing the bid, on behalf of the Bidder, being duly sworn, solemnly swears (or affirms) that neither he, nor any official, agent or employee of the bidder has entered into any agreement, participated in any collusion, or otherwise taken any action which is in restraint of free competitive bidding in connection with any bid or contract, that the bidder has not been convicted of violating N.C.G.S. § 133-24 within the last three years, and that the Bidder intends to do the work with its own bonafide employees or subcontractors and is not bidding for the benefit of another contractor.

In addition, execution of this bid in the proper manner also constitutes the Bidder's certification of status under penalty of perjury under the laws of the United States in accordance with the Debarment Certification attached, provided that the Debarment Certification also includes any required statements concerning exceptions that are applicable.

N.C.G.S. § 133-32 and Executive Order 24 prohibit the offer to, or acceptance by, any Town Employee of any gift from anyone with a contract with the Town, or from any person seeking to do business with the Town. By execution of any response in this procurement, you attest, for your entire organization and its employees or agents, that you are not aware that any such gift has been offered, accepted, or promised by any employees of your organization.

Print or type Individual name

Signature of Contractor, Individually

Print or type Signer's Name

Contract No. Rev. 11-1-12

M-4

O-10

DEBARMENT CERTIFICATION

Conditions for certification:

The prequalified bidder shall provide immediate written notice to the Municipality if at any time the bidder learns that his certification was erroneous when he submitted his debarment certification or explanation filed with the Municipality, or has become erroneous because of changed circumstances.

2. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, us used in this provision, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. A copy of the Federal Rules requiring this certification and detailing the definitions and coverages may be obtained from the Municipality project representative.

3. The prequalified bidder agrees by submitting this form, that he will not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in Municipal contracts, unless authorized by the Municipality.

4. For Federal Aid projects, the prequalified bidder further agrees that by submitting this form he will include the Federal-Aid Provision titled Required Contract Provisions Federal-Aid Construction Contract (Form FHWA PR 1273) provided by the Municipality, without subsequent modification, in all lower tier covered transactions.

The prequalified bidder may rely upon a certification of a participant in a lower tier covered transaction that he is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless he knows that the certification is erroneous. The bidder may decide the method and frequency by which he will determine the eligibility of his subcontractors.

6. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this provision. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

7. Except as authorized in paragraph 6 herein, the Municipality may terminate any contract if the bidder knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available by the Federal Government.

0-11

M-4

DEBARMENT CERTIFICATION

The prequalified bidder certifies to the best of his knowledge and belief, that he and his principals:

a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records; making false statements; or receiving stolen property;

Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph b. of this certification; and

d. Have not within a three-year period preceding this proposal had one or more public transactions (Federal, State or local) terminated for cause or default.

e. Will submit a revised Debarment Certification immediately if his status changes and will show in his bid proposal an explanation for the change in status.

If the prequalified bidder cannot certify that he is not debarred, he shall provide an explanation with this submittal. An explanation will not necessarily result in denial of participation in a contract.

Failure to submit a non-collusion affidavit and debarment certification will result in the prequalified bidder's bid being considered non-responsive.

Check here if an explanation is attached to this certification.

NOTICE OF AWARD

To: From: Town of Southern Shores (Owner)

Southern Shores, N.C. 27949

PROJECT: Town of Southern Shores – Street Improvement Projects

Year Five #26 Pave

CONTRACT AMOUNT: $

You are hereby notified the Town of Southern Shores has accepted your Bid dated for the above described project. The Project name must be cited on all Invoices and/or Payment Request.

You are required to execute the formal contract with the Town of Southern Shores and to furnish any required Bonds and Insurance Certificates within fourteen (14) days from the date of delivery of the Notice to you.

If you fail to…