Large Meter Changeout

INVITATION TO BID
Large Meter Changeout
WINSTON-SALEM/FORSYTH COUNTY UTILITIES DEPARTMENT
Bids Will Be Received Until
2:00 PM, October 28, 2026
Submit a single PDF file of your bid entitled
"Bid for Large Meter Changeout IF2787"
to bids@cityofws.org
Pursuant to N.C.G.S. 143-131 and city policy, sealed proposals endorsed "Large Meter Changeout,
IF2761" will be received by City/County Purchasing, City Hall, 101 North Main Street, Winston-Salem,
NC until the date and time listed above. The City reserves the right to reject any or all proposals.
Bidders must be properly licensed as required by Chapter 87 of the North Carolina General Statutes.
For instructions on submitting proposals, contact Randoll Surles at Randolls@cityofws.org (preferred) or
336-747-6939 during normal business hours. Bidders are encouraged to carefully read and understand the
contents of the Bidding Documents which include this IFB and attached specifications.
The City is seeking a qualified contractor to provide all labor, supervision, equipment, tools, materials,
transportation, and incidental services necessary to remove existing large water meters and furnish and
install new **Master Meter Octave Ultrasonic Meters** at designated locations with a 5 year contract.
Technical questions concerning this bid should be submitted electronically to Randoll Surles at
Randolls@cityofws.org. End of Question period is 3:00 PM, October 19, 2026.
** NOTICE OF PRE-BID **
A mandatory pre-bid conference will be held at 10:00 AM, October 16, 2026 at 1410 S. Martin
Luther King Jr., Dr.
The purpose of this conference is to summarize the scope of work involved. Staff will be present to
answer questions. A record of attendees will be made. (Attendance is encouraged even if it is not
mandatory.)
Page 1 of 31

INSTRUCTIONS TO BIDDERS
1. DEFINITION OF TERMS
Whenever used in any of the Contract Documents, the following meanings shall be given to the
terms used herein:
1. The term "Owner" means the City of Winston-Salem or the City/County Utility Commission,
whichever is applicable to the Contract.
2. The term "Contract" means the executed agreement between the Owner and the successful
bidder, all documents contained herein, and all other documents required by the Owner and/or
law to execute said agreement.
3. The term "Contractor" means the individual or entity with whom Owner has entered into the
agreement.
4. The term "Engineer" means any person authorized to act on behalf of the Owner.
2. SPECIFICATIONS
It is necessary from time to time to revise otherwise standard specifications. Therefore, it is to the
interest of each and every bidder to carefully read the documents contained herein before
submitting prices.
Utility Construction Contracts:
A. Technical Specifications herein attached.
B. The Standard General Conditions of the Construction Contract (EJCDC's).
3. BIDDER'S QUALIFICATIONS
For projects exceeding $30,000, consideration will be given only to Contractors who submit
evidence that they are properly licensed as required by Chapter 87 of the North Carolina Licensed
General Statutes to bid and perform the work described herein as the general contractor. In
addition, the Owner may make such investigations as deemed necessary to determine the ability of
the Bidder to perform the work, and the Bidder shall furnish the Owner all such information and
data for this purpose as the Owner may request.
The Owner reserves the right to consider as unqualified for construction any Bidder who does not
perform with his own forces a minimum of ten percent (40%) of the work involved in
improvements embraced in this contract.
Awarded contractor shall be authorized to conduct business in the state of North Carolina as found
by checking the Secretary of State website and/or Register of Deeds office, indicating proper
registration and active status. This is a condition of executing the contract.
4. INTERPRETATION OF QUANTITIES IN PROPOSAL
The quantities contained in the Proposal are approximate only and the Owner may increase or
decrease the quantities as deemed necessary. Compensation received by the Contractor shall be
based upon actual quantities that are completed and accepted in accordance with the terms of the
Contract.
5. INTERPRETATION AND ADDENDA
No oral interpretation will be made to any bidder as to the meaning of the contract documents or
any part thereof. Every request for such an interpretation shall be made in writing to the Engineer.
Any inquiry received seven days (7) days or more prior to the date fixed for opening of bids will
be given consideration. Every interpretation made to a bidder will be in the form of Addendum to
the Contract Documents and, when issued, will be on file in the office of the Engineer,
City/County Purchasing Department and the office of the City's Project Engineer at least five days
Page 2 of 31

(5) before the bids are opened. In addition, all Addenda will be mailed to each person holding
Contract Documents, but it shall be the bidders responsibility to make inquiry as to the Addenda
issued. All such Addenda shall become part of the Contract, and all bidders shall be bound by
such Addenda, whether or not received by the bidders.
6. INSPECTION OF SITE
Each bidder should visit the site of the proposed work and fully acquaint himself with the existing
conditions relating to the construction project. Each bidder should fully inform himself as to the
facilities involved and the difficulties and restrictions attending the performance of the Contract.
The bidder should thoroughly examine and familiarize himself with the Drawings, Technical
Specifications and all other Contract Documents. The Contractor by the execution of the Contract
shall in no way be relieved of any obligation under it due to his failure to receive or examine any
form or legal instrument or to visit the site and acquaint himself with the existing conditions. The
Engineer will be justified in rejecting any claim based on facts that the bidder should have been
aware of as a result of his site inspection.
7. PREPARATION AND SUBMISSION OF BIDS
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.
A. The itemized Proposal form furnished herein shall be used and shall not be altered in any
manner. You may include only the required forms - see Item 17.
B. All entries on the itemized proposal form shall be written in ink.
C. The total amount bid shall be written in the proper place on the itemized proposal form.
D. 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.
E. The bid shall be properly executed. All bids shall show the following information:
1. Name of individual, firm, corporation, partnership, or joint venture submitting bid.
2. Name of individual or representative submitting bid and position or title.
3. Name, signature, and position or title of witness.
4. Contractor's License Number (If available)
F. Bids submitted by corporations shall bear the seal of the corporation.
G. The bid shall not contain any unauthorized additions, deletions, or conditional bids.
H. 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.
8. CORRECTION OF BID ERRORS
Corrections to bid forms by bidders shall be made by crossing out incorrect numbers and writing
in correct numbers, then initial. Do NOT use white out! Line-item subtotals will prevail in event
of discrepancies.
9. UNBALANCED BIDS
The Contractor shall not submit a bid containing any unbalanced bid prices. Any unit or lump sum
bid price that does not reflect reasonable actual costs that the Contractor anticipates for the
performance of the item(s) in question along with a reasonable proportional share of the
Contractor's anticipated profit, overhead cost, and other indirect costs is an unbalanced bid price.
Any bid containing unbalanced bid prices may be deemed non-responsive and rejected.
Page 3 of 31

10. COLLUSIVE AGREEMENTS
Each bidder submitting a bid to the Owner for any portion of work contemplated by the
documents on which bidding is based shall execute and attach thereto an affidavit, substantially in
the forms provided herein, to the effect that he has not entered into a collusive agreement with any
other person, firm or corporation in regard to any bid submitted. Before executing any subcontract
agreement, the successful bidder shall submit the names of any proposed subcontractors for prior
approval and an affidavit substantially in the form provided herein.
11. ALTERNATIVE BIDS
No alternative bids will be considered unless alternative bids are specifically requested.
12. MATERIALS
The name of a certain brand, make, manufacturer or definite specification is to denote the quality
standard of the article desired and not to restrict competitive bidding. It is set forth and conveyed
to prospective bidders the general style, type, character and quality of the article desired. Bidders,
however, may submit to the Engineer evidence that proposed substitutions are fully up to
standards specified and obtain his approval before placing orders.
13. ERRORS, OMISSIONS, AND DEVIATIONS
The Contractor is responsible for all errors, omissions, and deviations from the Contract
requirements.
14. TIME FOR RECEIVING BIDS
Bids received prior to the advertised hour of opening will be securely kept, sealed. The officer
whose duty it is to open them will decide when the specified time has arrived, and no bid
thereafter will be considered.
15. MINIMUM NUMBER OF BIDS - (Formal Contracts Only) - NOT REQUIRED
16. RECEIPT AND OPENING OF BIDS (Informal - Electronic Submittal)
Bids are being accepted electronically only (see page 1 of document). Submit a single PDF file of
your bid with subject line as described on Page 1 to randolls@cityofws.org. Bids received prior
to the advertised hour of opening will remain unopened until the date and time due. The agent
whose duty it is to open them will decide when the specified time has arrived, and no Bid received
thereafter will be considered.
It is the Bidders responsibility to assure that the bid is received by the required deadline. If mail
or delivery by other means is delayed beyond the date and hour set for the receipt of the bid, the
proposals that are late will not be considered.
Bids received after the advertised hour of opening will be returned to the Bidder unopened. At the
time and place fixed for the opening of Bids, the Owner will cause to be opened and publicly read
aloud every Bid received within the time set for receiving Bids, irrespective of any irregularities
therein. Bidders and other persons properly interested may be present in person or by
representative.
17. ITEMS REQUIRED TO BE EXECUTED WITH THE BID (Informal Bid)
Failure to execute the following with the bid will be considered a non-responsive bid and the
bid will not be considered:
Bid Proposal page with prices written or typed
Bid Authorization page with notarized signature
Page 4 of 31

Non-Collusion Affidavit of Prime Bidder or Non-Collusion Affidavit
Addenda (include if issued - only first page with signature required in bid package)
NOTE: The Contractor may be asked elsewhere in this proposal to submit additional forms or
information specific to this project with their bid. If such is requested by the City or its
consultant, failure to submit such as noted may be construed as non-responsive and
the bid may not be considered. Therefore, please review the entire proposal carefully.
18. Not required.
19. BID GUARANTEE - NOT REQUIRED
20. PERFORMANCE AND PAYMENT BOND - REQUIRED FOR PROJECTS OVER $300,000
A. Having satisfied all conditions of the award set forth elsewhere in these documents, the successful
bidder(s) shall furnish, within ten (10) days after award, the following:
1. A Performance Bond in the amount of one hundred percent (100%) of the Construction
Contract amount, conditioned upon the faithful performance of the Contract in accordance
with the plans, specifications and conditions of the Contract. Such bond shall be solely for the
protection of the contracting body which awarded the Contract.
2. A Payment Bond in the amount of one hundred percent (100%) of the Construction Contract
amount, conditioned upon the prompt payment for all labor or materials for which a Contractor
or Subcontractor is liable. The Payment Bond shall be solely for the protection of the persons
furnishing materials or performing labor for which a Contractor or Subcontractor is liable.
B. Such bond shall be in the same form as that indicated in the contract documents and shall bear the
same date subsequent to that of the agreement. The current Power of Attorney for the person who
signs for any surety shall be attached to such bond. This bond shall be signed by a guarantee or
surety company licensed to do business in the State of North Carolina and the agent MUST be a
North Carolina resident.
The failure of the successful bidder to supply the required bonds within ten (10) days after award,
or within such extended period as the Owner may grant, shall constitute a default; and the Owner
may either award the contract to the next lowest responsible bidder or re advertise for bids. If the
successful bidder fails to provide satisfactory surety, the Owner shall retain the bid guarantee as
outlined in these instructions.
21. WARRANTY
The Contractor shall guarantee all materials, workmanship and construction for a period of one
year (or the period stated in the bid specifications if greater) from the date of acceptance. During
the warranty period, any defects, malfunctions or failures, which affect the integrity or strength of
the product or its ability to perform the task for which it was designed, shall be repaired or
replaced at the Contractor's expense. The Performance Bond, if applicable, shall remain in full
effect through the warranty period.
22. WITHDRAWAL OF BIDS
Bids may be withdrawn on written or electronic request dispatched by the bidder in time for
delivery in the normal course of business prior to the time fixed for opening. Bids may also be
withdrawn after the public opening if an unintentional, substantial error is made by the contractor,
and it can be proven that the error was arithmetic or an omission as opposed to judgment. The
request to withdraw a bid must be made in writing to the Owner's representative within seventy-
Page 5 of 31

two hours (72) after the opening of bids. Any bidder considering a withdrawal should acquaint
himself with the provisions of North Carolina General Statute 143-129.1.
23. AWARD OF CONTRACT; REJECTION OF BIDS
A. The Owner reserves the right to hold bids for a period of ninety (90) days, unless specified
otherwise in the advertisement for bids, after the bid opening before awarding the Contract for the
purpose of reviewing the bids and investigating the qualifications of the Bidders.
B. The Owner intends to award a contract to the lowest responsive, responsible bidder, complying
with the conditions of the bidding documents. The apparent winning bidder will be notified of
these intentions at the earliest possible date. The Owner, however, may at its sole discretion reject
any or all bids submitted and to waive any informality in the bidding procedures. The Owner
reserves the right to award a contract that is in the best interest of the City.
C. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of,
such Bidder fails to satisfy the Owner that such Bidder is properly qualified to carry out the
obligations of the contract and to complete the work contemplated therein.
24. INSURANCE REQUIREMENTS
The successful bidder will be required to show proof of insurance as outlined in the General
Insurance Requirements below. The City of Winston-Salem or the City/County Utility
Commission must be named as additional insured. Work shall not begin until this provision
has been satisfied and a Purchase Order issued.
25. EXECUTION OF AGREEMENT
The successful Bidder will be required to execute a Construction Contract herein included by
reference within ten days (10) days after award and presentation of contract documents. The
successful bidder(s) shall execute and deliver to the Owner in such number of copies as the Owner
may require. The failure of the successful bidder to execute such agreement within ten (10) days
after award, or within such extended period as the Owner may grant, shall constitute a default; and
the Owner reserves the right to either award the contract to the next lowest responsible bidder or
re-advertise for bids. If the successful bidder fails to execute the contract, the Owner may retain
the bid guarantee as outlined in these instructions.
26. TERMINATION
Unless otherwise agreed upon in writing by the parties, this Agreement may be terminated by
either party for convenience with no less than ten calendar days' notice. In the event of
termination, the Contractor will be paid for all Services properly rendered to the date of
termination and shall promptly discontinue all Services affected (unless a termination notice from
the City directs otherwise). In the event of any termination, the Contractor will be paid for all
Services properly rendered to the date of termination and shall (i) promptly discontinue all
Services affected (unless a termination notice from the City directs otherwise); and (ii) deliver to
the City all documents, data, reports, estimates, summaries, and such other information and
materials as may have been accumulated by the Contractor in performing the Services herein.
Other than being paid for Services properly rendered to the date of termination, Contractor hereby
waives any and all other claims for lost profits, lost opportunity, and for any and all other direct,
indirect, special, and consequential damages. In the event that the City terminates this Agreement
due to the Contractor's poor workmanship, failure to perform the Service set out herein or,
otherwise, for breach of this Agreement, or in the event that the Contractor terminates this
Agreement for convenience or otherwise, the City may pursue and recover all remedies available
at law or in equity, as these remedies are cumulative and do not exclude each other.
Page 6 of 31

27. PERFORMANCE OF THE CONTRACT
Winston-Salem City Code (Chapter 2, Article 1, Sec. 2-3) provides that the City may disqualify
Contractors from bidding on contracts of the City if a Contractor fails to perform satisfactorily on
past or current projects. Failure to complete work within contract time limits and/or meeting
required quality levels are factors that could make a Contractor ineligible to bid on future City
projects. Satisfactory performance on a job includes performing work to City standards (including
all safety and labor laws), working cooperatively with the Owner's inspector and citizens, and
completing the project in the time period stated in the contract.
28. OSHA COMPLIANCE PLAN/POLICY
Contractor hereby acknowledges that it has reviewed and agrees to abide by the City's "Safety and
Environmental Requirements for Contractors" located on the City's website whose specific
address is: https://www.cityofws.org/DocumentCenter/View/2090
Contractor will be required to submit a copy of the company's current written OSHA Compliance
Plan/policy within 48 hours of request. No field work shall take place until the plan has been
submitted and reviewed by the City Safety Officer.
29. BID PROTEST PROCEDURE
Any party which is a prospective bidder, Offeror, or contractor that may be aggrieved by the
solicitation must submit a written protest within five (5) calendar days prior to the opening of the
Request for Bid, Request for Proposal.
Any party which is an actual bidder, Offeror, or contractor that may be aggrieved by the award of
a contract, must submit a written protest within five (5) days of City transmitting via fax or email
the announcement of intent to award.
The protest must be addressed to the Purchasing Director, City of Winston-Salem, PO Box 2511,
Winston-Salem, NC 27102 and must include all the following information:
1. Name, address, telephone number, facsimile number and e-mail of the protester.
2. Signature of the protester or authorized agent.
3. The bid name and number.
4. A detailed statement of the legal and factual grounds of protest including copies of relevant
documents.
5. Any supporting exhibits, evidence, or documents to substantiate any claims.
6. All information establishing that the protester is an interested party for the purpose of filing a
protest.
7. The form of relief requested.
After careful consideration of all relevant information, and consultation with the City Attorney,
the Purchasing Director shall make a written decision.
A decision of the Purchasing Director may be appealed to the City Manager or City Council,
depending on the type of bid. An appeal must be in writing and be delivered to the City Manager,
101 North Main Street, Winston-Salem, N.C. 27102, within seven (7) calendar days of the date of
the Purchasing Director faxed or emailed decision.
Any and all costs incurred by a protesting party in connection with a protest shall be the sole
responsibility of the protesting party.
30. STIMULATION OF THE LOCAL ECONOMY
Page 7 of 31

In an effort to stimulate the local economy, foster development and promote efficiency in the
provision of city services and the completion of various city projects, the City of Winston-Salem
has undertaken an initiative to strongly encourage all parties contracting with the City of Winston-
Salem to evaluate their internal operations and hiring practices and, where appropriate, to initiate
efforts to stimulate the local economy by hiring applicants and contractors from the Winston-
Salem/Forsyth County Area and by utilizing contractors and service providers. Such efforts to
stimulate the local economy may be accomplished by posting job vacancies with the North
Carolina Employment Security Commission, the Piedmont Triad Regional Council of
Governments, and other local resources for the City of Winston-Salem based contractors and
subcontractors. Stimulation of the local economy requires a collaborative effort of both the public
and private sector. The city is committed to taking reasonable steps to achieve said goal.
31. WORKFORCE DEMOGRAPHICS - (Formal Only)
Not Required
32. PAYMENTS TO SUBCONTRACTORS (see also section Final Payment)
Winston-Salem City Code, Chapter 2, Section 2-3 "Related to Disqualification of Bidders" -
Based upon concerns about the non-payment of subcontractors and efforts to hold contractors
accountable for paying subcontractors in a timely manner, the City's Ordinance related to the
disqualification of bidders has been amended to allow the City to remove a bidder from the
bidders' list for future city construction and repair contracts for failure to make, on more than one
occasion with the same or a different subcontractor and on the same or a different City project,
timely payments to subcontractors without a reasonable basis, as determined by the city, for such
payment failure. The contractor has an opportunity to appeal the City Manager's removal decision
to City Council. If said decision is not appealed or an appeal is not timely filed, the decision
becomes final. The period of removal shall not exceed three years. The current ordinance provides
a requalification process which the contractor may pursue upon expiration of the removal period.
This City code can be viewed at:
https://library.municode.com/nc/winston-
salem/codes/code_of_ordinances?nodeId=PTIIICOOR_CH2AD_ARTIINGE_S2-3DICOBICORECO
33. FAMILIARITY WITH LAWS
It is assumed that the bidders are familiar with local, state and federal laws, rules, ordinances, and
regulations that may in any manner affect those engaged or employed in the work, or the materials
or equipment used in or upon the work, or in any way affect the conduct of the work. No plea for
misunderstanding or ignorance on the part of the contractor will in any way serve to modify the
provisions of the contract.
It is the expectation of the City that the Contractor will comply, and the Contractor agrees to
comply, with all applicable federal immigration laws in its hiring and contracting practices relating
to services covered by this contract involving City funds.
The Contractor agrees that in carrying out the contract he will comply with all applicable, federal,
state and local laws, specifically including, without limitations, the Occupational Safety and
Health Act of 1970 and Section 1324A, The Immigration Reform and Control Act.
EQUAL EMPLOYMENT OPPORTUNITY / ADA
The Contractor shall not discriminate against any employee or applicant for employment because
of race, creed, color, religion, national origin, political affiliation, gender, age or disability. The
contractor shall comply with all applicable laws and regulations regarding the American with
Disabilities Act (www.ADA.gov) as amended from time to time and all rules and regulations
Page 8 of 31

promulgated thereunder and other laws and regulations pertaining to equal employment. The
Contractor hereby agrees to indemnify the Owner from and against all claims, suits, damages,
costs, losses and expenses in any manner arising out of or connected with the failure of the
contractor, its subcontractors, agents, successors, assigns, officers or employees to comply with
the provisions of the ADA or rules and regulations promulgated thereunder. The Contractor
agrees to act affirmatively in its employment and promotion practices, and in the general treatment
of its employees.
EQUAL EMPLOYMENT OPPORTUNITY
Attention of bidders is particularly called to the requirement for ensuring that employees and
applicants for employment are not discriminated against because of race, color, religion, gender,
political affiliation, national origin or handicapped.
AMERICAN WITH DISABILITIES ACT (ADA)
The contractor shall comply with the provisions of the Americans with Disabilities Act (ADA)
(www.ADA.gov) as amended from time to time and all rules and regulations promulgated
thereunder. The Contractor hereby agrees to indemnify the Owner from and against all claims,
suits, damages, costs, losses and expenses in any manner arising out of or connected with the
failure of the contractor, its subcontractors, agents, successors, assigns, officers or employees to
comply with the provisions of the ADA or rules and regulations promulgated thereunder.
34. ETHICS POLICY / CODE OF CONDUCT
The City of Winston-Salem has established guidelines for ethical standards of conduct for City
representatives and to provide guidance in determining what conduct is appropriate in particular
cases. City representatives should maintain high standards of personal integrity, truthfulness,
honesty, and fairness in carrying out public duties; avoid any improprieties in their roles as public
servants including the appearance of impropriety; and never use their position or power for
improper personal gain. In establishing an ethics policy, the City of Winston-Salem desires to
protect the public against decisions that are affected by undue influence, conflicts of interest, or
any other violation of these policies as well as promote and strengthen the confidence of the public
in their governing body. For a complete review of the City Policy click the following link:
https://www.cityofws.org/DocumentCenter/View/2183/Ethics-Policy-PDF
35. TAXES
FEDERAL: The City of Winston-Salem and Forsyth County are exempt from and will not pay
Federal Excise or Transportation taxes.
STATE: Applicable North Carolina Sales and Use Taxes shall not be shown on bids but shall be
added to invoices as a separate item.
36. NORTH CAROLINA SALES TAX
The Owner may apply for a refund of all sales and/or use taxes paid in North Carolina by the
Contractor on purchases of items which are annexed to, affixed to, or in some manner become a
part of any building or structure being erected, altered or repaired under Contract with the Owner;
and these taxes shall not be included in the bid amounts or the Contract sum. The Owner may not
apply for a refund of sales and/or use taxes paid in North Carolina by the Contractor on purchases
of materials which do not become a part of any building or structure being erected, altered or
repaired under Contract with the Owner. The Contractor shall include and pay all other taxes
imposed by governmental authorities which are applicable to the work.
The Contractor will be reimbursed for applicable sales and/or use taxes he has paid in North
Carolina (which the Owner may apply for a refund - see first paragraph of this section) on each
monthly estimate, provided he bills them separately. Examples of items on which sales or use tax
Page 9 of 31

have been paid by the Contractor and for which the Contractor will not be reimbursed by the
Owner are scaffolding, forms for concrete, fuel for the operation of machinery and equipment,
tools, equipment repair parts and equipment rentals, blueprints, etc. The Contractor shall complete
a "Certificate for North Carolina Sales Tax" form (included at the end of this document).
In addition, the Contractor shall attach invoices (or copies of invoices) from his vendors covering
sales tax claimed. The "Certificate for North Carolina Sales Tax" form must include all sales and
or use taxes paid by the Contractor and any of his Subcontractors (i.e., all sales tax eligible for
reimbursement). The Contractor shall apply for sales tax reimbursement with each monthly
estimate, and within sixty (60) days of the date the item was purchased. The Contractor willfully
forfeits reimbursement if submittal is not made within allotted time. The Contractor is not eligible
for any reimbursement of sales tax after final payment is made.
37. FINAL PAYMENT
Prior to final payment, the Contractor will be required to submit the Contractor's Affidavit,
Release and Waiver of Claims form as shown at the end of this proposal and any other required
affidavits or forms required in this contract (i.e. M/WBE reporting forms, warranties, etc.).
Payment of the final amount due the Contractor shall release the Owner from any and all claims or
liabilities on account of the work performed and the materials furnished upon the work.
Whenever in the opinion of the Engineer the work proposed shall have been completely performed
on the part of the Contractor and after the final acceptance of the work, the Owner will proceed
with all reasonable diligence to make the final payment, excepting therefrom such sum or sums as
may be lawfully retained under any of the provisions of the Contract. The Contractor hereby
further agrees that it shall not be entitled to demand or receive payment on partial or final
estimates, except in the manner set forth in the Contract. The Contractor further agrees to procure
full releases of all claims from all persons who have furnished materials or labor for the work.
38. RETAINAGE
N.C.G.S. 142-134.1- prohibits retainage on public projects that cost less than $100,000.00 in total.
For projects over $100,000.00 the owner may retain no more that 5% per periodic payment owed
to the prime contractor until the project is 50% complete. At 50% completion no further retainage
is allowed as long as performance is satisfactory. Release of all retainage is required upon
beneficial occupancy of the project or when a certificate of substantial completion is issued. The
owner may, at its discretion, retain up to 2 12 times the value of remaining work in order to secure
completion or correction of that work. The Owner may withhold greater amounts of retainage for
unsatisfactory job progress, defective construction not remedied, disputed work, or third- party
claims filed against the Owner or reasonable evidence that a third-party claim will be filed.
39. FINANCIAL CAPACITY and RESOURCES
In determining the lowest responsible, responsive bidder, the City will conduct an evaluation of
the financial capacity, strength and resources of the contractor in an effort to ensure timely and
satisfactory completion of the project and to protect the City from the risk of default by a
contractor due to financial instability. The analysis will include an evaluation of specific financial
indices and ratios in an effort to maximize objectivity and provide measures that are more directly
comparable among contractors. Relevant information regarding judgments, liens, litigation and
bankruptcy filings, which may materially affect a contractor's financial strength or position, will
be examined. In addition to credit ratings and credit reports, bank and vendor references may be
used to evaluate the credit worthiness of each contractor. The City may also look at other facts
including but not limited to the years of experience in performing similar work/projects, timeliness
in paying subcontractors and demonstration of the contractor's ability to obtain sufficient levels of
liability and property damage insurance. The Contractor understands that if the City determines
Page 10 of 31