Curb Ramp and Crosswalk Package Bid: Q27-104 Town of Chapel Hill, North Carolina September 4, 2026 Page 1

Notice to Bidders

Request for Bids (RFB) For

Curb Ramp and Crosswalk Package

For Town of Chapel Hill

Chapel Hill, North Carolina

BID: Q27-104

CATEGORY: Construction PROJECT: Curb Ramp and Crosswalk Package FROM: Lenore Bishop, Purchasing & Contracts Manager NOTICE DATE: September 4, 2026 SUBMISSION DATE: September 24, 2026, at 2:00 PM EST

Pursuant to Section 143-131 of the General Statutes of North Carolina, bids for the Curb Ramp and Crosswalk Package (the “Project) should be emailed to Lenore Bishop, Purchasing and Contracts Manager at lbishop@chapelhillnc.gov, until September 24, 2026, at 2:00 PM EST. Late bids will not be accepted.

Prospective bidders may view the plans and specifications for the proposed project on the Town of Chapel Hill website (www.chapelhillnc.gov). Click on “Businesses” menu, then “Bid Notices” option, then the name of this project.

An optional pre-bid conference will be held on September 10, 2026, at 2:00 PM EST over Microsoft Teams. All potential bidders are hereby notified that attendance to the optional pre-bid conference is not required for bid submittal.

Prospective bidders should have a copy of the bid document available for review during the meeting.

The link to attend the pre-bid conference is here: RFB # Q27-104 Curb Ramp and Crosswalk - Pre-bid Meeting ID: 231 172 494 266 031 Passcode: Nc6hb9va

The Project Manager for this project is Bergen Watterson, Planning Department, Town of Chapel Hill. All requests for interpretations related to this RFB must be submitted in writing to the Project Manager at bwatterson@chapelhillnc.gov by 5:00 PM on September 15, 2026 EST. All responses to timely submitted requests for interpretations will be published in the form of an addendum on the Town’s website on September 17, 2026.

For questions on the bidding procedures, contact the Town’s Purchasing Division at 919-969-5022.

The Town of Chapel Hill reserves the right to reject any and all bids for any reason or no reason and to accept the bid most favorable to the Town of Chapel Hill.

mailto:lbishop@chapelhillnc.gov https://teams.microsoft.com/meet/231172494266031?p=AAG83ZCuzFJE4qQ7bK mailto:bwatterson@chapelhillnc.gov

September 4, 2026 Page 2

Instructions to Bidders

For

Curb Ramp and Crosswalk Package

For Town of Chapel Hill

Chapel Hill, North Carolina

BID: Q27-104

CATEGORY: Construction PROJECT: Curb Ramp and Crosswalk Package FROM: Lenore Bishop, Purchasing & Contracts Manager NOTICE DATE: September 4, 2026 SUBMISSION DATE: September 24, 2026, at 2:00 PM EST

This bid package includes the following documents:

Notice to Bidders Instructions to Bidders Required Forms Contract between Owner and Contractor with Federal Terms General Conditions of the Contract for Construction Plans and Technical Specifications

Project Summary: The Town of Chapel Hill is requesting bids from qualified contractors for three (3) separate construction projects involving the construction of North Carolina Department of Transportation (NCDOT) standard curb ramps, associated crosswalk striping, installation of Rectangular Rapid Flashing Beacons (RRFBs), installation of modular pedestrian medians, installation of green paint, installation of tubular markers/flex posts, and other varying elements depending on the location. The projects are part of the Town’s commitment to enhancing safety and multimodal mobility within the community.

All three locations will require the following:

1. Call in utility locates prior to construction. Contractors are responsible for all required utility coordination.

2. Traffic control plans are included for the Martin Luther King Jr. (MLK)/Central Park location. The Estes/Halifax location includes an option for traffic control and the Legion/Formosa location does not. The traffic control plan for Estes and Legion locations will be up to the selected contractor to submit plans that comply with local requirements.

3. Asphalt work to make street flush with new curb ramps.

4. Coordination with Town staff, including Transportation Engineering and Planning Departments.

Task 1. Estes Drive at Halifax Drive: Location – Chapel Hill, NC. North and south sides of N. Estes Drive (SR 1750) at the intersection of Halifax Drive, intersection of Estes Drive and Caswell Road, intersection of Estes Drive and Granville Road, and Estes Drive west of Library Drive. The scope of work for this project is curb ramp construction, crosswalk striping, Rectangular Rapid Flashing Beacons (RRFB) installation, installation of tubular markers, green paint (MMA*) and other pavement markings, and traffic control. Specifics of the job are included in the attached plans and

September 4, 2026 Page 3 specifications. Contractor shall provide all labor, materials not specified as ‘provided by Town’, and incidentals required to complete the work described in the attached plans.

* Methyl Methacrylate (MMA) – Transpo Industries brand preferred. If another brand is chosen, Town will need examples or documentation of past installations using that specific product.

Task 2. Legion Road at Formosa Lane: Location – Chapel Hill, NC. South side of Legion Road at Formosa

Lane. The scope of work for this project is curb ramp construction, crosswalk striping, associated pavement markings, modular median installation, RRFB installation, and traffic control. Sealed engineering plans are not available for this task; the contractor shall construct the proposed ramp, install proposed pavement markings, and install the proposed RRFBs and modular median to the same exacting standards as set forth in the construction documents for this task or the other two tasks covered under this contract. Contractor shall provide all labor, materials not specified as ‘provided by Town’, and incidentals required to complete the work shown in the drawings.

Task 3. Martin Luther King Jr. Blvd. at Central Park Lane: Location – Chapel Hill NC. East and west sides of Martin Luther King Jr. Blvd. (NC 86) just south of Central Park Lane. The scope of work for this project is curb ramp construction, crosswalk striping, other associated pavement markings, installation of RRFBs, installation of a modular pedestrian median, installation of tubular markers, and traffic control. Specifics of the job are included in the attached plans and specifications.

Contractor shall provide all labor, materials not specified as ‘provided by Town’ in the plans, and incidentals required to complete the work described in the attached plans.

Projected Project Schedule:

The Town’s goal is to use the following schedule if possible:

Bid Request Issued: September 4, 2026 Optional Pre-Bid Conference: September 10, 2026, at 2:00 PM EST Requests for Interpretation Due: September 15, 2026, at 5:00 PM EST Addendum Published: September 17, 2026 Bids Due: September 24, 2026, at 2:00 PM EST Project Completion Date: Task 1 and 2 by November 30th, 2026, and Task 3 by December 31st, 2026

Contacts:

For Questions about the Proposed Project:

Bergen Watterson, Mobility and Greenways Manager, Project Manager Planning Department Town of Chapel Hill 405 Martin Luther King, Jr. Blvd.

Chapel Hill, NC 27514 Email: bwatterson@chapelhillnc.gov

For Questions about Bidding Procedures:

Lenore Bishop Purchasing Division Town of Chapel Hill 919-969-5022 Email: lbishop@chapelhillnc.gov mailto:bwatterson@chapelhillnc.gov mailto:lbishop@chapelhillnc.gov

September 4, 2026 Page 4

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.

I. PRE-SUBMISSION PROCEDURES:

A. Pre-bid Conference. An optional pre-bid conference will be held on September 10, 2026, at 2:00 PM EST over Microsoft Teams. All potential bidders are hereby notified that attendance at the optional pre-bid conference is not required for bid submittal.

The link to attend the pre-bid conference is here: RFB # Q27-104 Curb Ramp and Crosswalk - Pre-bid Meeting ID: 231 172 494 266 031 Passcode: Nc6hb9va Potential bidders may visit the sites at their convenience.

B. Requests For Interpretations. Bidders in doubt as to the meaning of any part of the instructions, specifications, or other documents furnished with or referenced by these Instructions, may submit questions in writing to Bergen Watterson at bwatterson@chapelhillnc.gov by 5:00 PM EST on September 15, 2026. No further requests for interpretation will be accepted after the deadline.

C. Addenda. All responses to timely submitted requests for interpretations will be published in the form of an addendum on the Town’s website at www.chapelhillnc.gov on September 17, 2026. Bidders shall ascertain that they have received all addenda issued and shall acknowledge their receipt on the Bid Proposal Form, furnished with the specifications.

D. Expectations for Contract. It is intended that the successful bidder shall furnish all tools, equipment, machinery, apparatus, labor and materials necessary to complete all work required under the terms of such contract(s) as may be entered into.

II. SUBMISSION OF BIDS:

A. Receipt of Bids. Bids for the furnishing of labor, materials, equipment, and services for construction of the Project must be emailed to the Purchasing & Contracts Manager at lbishop@chapelhillnc.gov by 2:00 PM EST on September 24, 2026, and labeled "Bid # Q27-104 – Curb Ramp and Crosswalk – “Company Name”. Any submissions received after 2:00 P.M. EST on the Town’s internal server will be rejected.

B. Bid Opening. This will not be a public bid opening.

C. Licenses. Bidders are hereby notified that Chapter 87 of the North Carolina General Statutes will be observed in receiving and awarding the Contract(s). Accordingly, Bidders must have proper license(s) under the State laws governing their respective trade(s).

https://teams.microsoft.com/meet/231172494266031?p=AAG83ZCuzFJE4qQ7bK mailto:bwatterson@chapelhillnc.gov http://www.chapelhillnc.gov/ mailto:lbishop@chapelhillnc.gov

September 4, 2026 Page 5

D. Bid Proposal Form. Bids shall be submitted on the Bid Proposal Form furnished with the specifications and must be completed in ink or typewritten without erasure, interlineations or changes. All prices shall be stated in numerals. In case of conflict, unit prices will take precedence over unit price extensions.

E. Execution of Bids.

1. Corporations. Bids by corporations shall be executed in the corporate name by the President or Vice-President (or other duly authorized corporate officer accompanied by evidence of authority to sign), and the corporate seal be affixed and attested by the Secretary or Assistant Secretary of the corporation. The officer’s’ signature shall be notarized. The corporate address and state of incorporation shall be shown above the signature.

2. Partnerships. Bids by partnerships must be executed in the partnership name and signed by a partner, the partner’s title must appear under the partner’s notarized signature, and the official address of the partnership and the names of all partners must be typed or printed below the signature.

3. Other Business Entities. Bids other than by corporations or partnerships shall be executed by the owner of the firm submitting a bid, in the presence of a notary public whose signature and seal attest said signature.

F. Familiarity with Project Conditions. Bidders are required to and shall inform themselves fully of the conditions relating to the construction project and labor under which the work will be performed, and a contractor must employ, insofar as is possible, such methods and means in carrying out the work so as not to cause any interruption and/or interference with any other contractor(s).

G. Sales Tax. All bid prices shall include sales taxes.

III. MINIMUM REQUIREMENTS FOR CONTRACT EXECUTION AND PERFORMANCE:

A. Form of Contract. The contract to be awarded as a result of this RFB will be in substantially the same form and content as the sample “Contract between Owner and Contractor” included in this bid package.

In the event that additional terms and conditions are proposed to be attached to said contract, there shall be none of the following unless Town’s express prior written agreement is obtained: (i) any limitation on, or disclaimer of, implied or express warranties or the liability of Contractor; (ii) any limitation on damages, including a limitation on consequential damages; (iii) any requirement for arbitration or for mandatory mediation; (iv) any requirement that Town officials or employees keep information confidential or that records be kept confidential by the Town, unless the requirement for confidentiality meets the requirements of the North Carolina Public Records law.

B. Federal Requirements. Unless indicated otherwise below, all provisions in the Contract between Owner and Contractor related to federal requirements, including Davis-Bacon Act provisions, apply.

C. Performance and Payment Bonds. Bid Performance and Payment Bonds are not required for this project.

D. Insurance Provisions. The successful bidder shall procure and maintain during the life of the contract the Insurance Provisions as outlined in Article 33 of the General Conditions of the Contract for Construction. Required coverage limits will be 1) Commercial General Liability and Business Automobile

- $1,000,000 per occurrence and 2) Workers’ Compensation - $100,000 for both employer’s liability and bodily injury by disease for each employee and $500,000 for the disease policy limit. The Town shall be

September 4, 2026 Page 6 named as an additional insured for Commercial General Liability and Business Automobile policies.

Based on nature of services to be provided by the contractor and assessment of risk posed to the Town, the Town may require evidence of supplementary insurance coverages.

E. Commencement of Work. The successful bidder will be required to commence work immediately upon receipt Notice to Proceed issued by the owner.

F. Time to Complete Work. Bidder’s attention is called to the contract time limit allowed to complete the work – Tasks 1 and 2 must be complete by November 30, 2026, and Task 3 by December 31st, 2026.

G. Billing and Payment. The Contractor must submit a bill to the Town for work performed under this contract for Tasks 1 and 2 by December 10, 2026, and for Task 3 by January 30, 2027. The Contractor shall bill, and the Town shall pay the rates set forth Therein. Payment will be made by the Town within thirty (30) days of receipt of an accurate invoice, approved by the by the Contract Coordinator.

[THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK.]

September 4, 2026 Page 7

BID PROPOSAL FORM

RFB # Q27-104

Curb Ramp and Crosswalk Package

Town of Chapel Hill Planning Department

Chapel Hill, NC

Bidder: ______________________________________________ License #: ______________________

Bid Date: _____________

To: Purchasing & Contracts Manager Town of Chapel Hill 405 Martin Luther King Jr. Blvd.

Chapel Hill, NC 27514

The undersigned, as Bidder, proposes and agrees if this bid is accepted to contract with the Town of Chapel Hill for the furnishing of all materials, equipment, and labor necessary to complete the construction of the work described in these documents in full and complete accordance with plans, specifications, and contract documents, and to the full and entire satisfaction of the Town of Chapel Hill and the North Carolina Department of Transportation (applicable for the Estes Drive and Martin Luther King Jr. Blvd. locations), for the sum of:

Task 1 Base Bid:

________________________________________________ dollars $_____________________

Task 2 Base Bid:

________________________________________________ dollars $_____________________

Task 3 Base Bid:

________________________________________________ dollars $_____________________

Grand Total Base Bid: ________________________________________________ dollars $_____________________

The Town of Chapel Hill reserves the right to remove any work from the contract and its corresponding Base Bid.

The undersigned further agrees that this bid shall be valid for a period of sixty (60) days from the date of receipt of the bids and that if this bid is accepted by the Town of Chapel Hill within this period, the Bidder will execute the contract form provided as the Sample Contract and required by North Carolina General Statutes.

The undersigned further agrees to begin the work promptly upon receipt of Notice to Proceed and to pursue the work with an adequate work force to complete the work.

September 4, 2026 Page 8

Tasks 1 and 2 must be complete by November 30, 2026.

Task 3 must be complete by December 31st, 2026.

Addendum Acknowledgement

The undersigned further acknowledges receipt of the following addenda which will be considered as part of the Contract Documents:

Addendum No.___________ Dated _________________

Addendum No.___________ Dated _________________

Addendum No.___________ Dated _________________

[SIGNATURES ON FOLLOWING PAGE.]

September 4, 2026 Page 9

SUBMITTED BY THE FOLLOWING CORPORATION:

Name of Corporation: __________________________ Address: ____________________________________ State of Incorporation: __________________________ By: _________________________________________ Printed Name: ________________________________ Title: ________________________________________

ATTEST: CORPORATE SEAL

By: ________________________________________ Printed Name: ________________________________ Title: ________________________________________

STATE OF __________________

COUNTY OF __________________

I, ________________________________________, a Notary Public of the State of _______________________, __________________ County, certify that ___________________________, personally came before me this day and acknowledged that he/she is the __________________________ of _________________________, a ______________ corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by __________________________, its __________________________, sealed with its corporate seal and attested by him/her as its ______________________.

Witness my hand and seal, this ______ day of __________________, 20___.

______________________________ SEAL

Notary Public My commission expires: ___________

September 4, 2026 Page 10

SUBMITTED BY THE FOLLOWING PARTNERSHIP:

Name of Partnership: __________________________ By: _________________________________________ Printed Name: ________________________________ Title: ________________________________________ Partnership Address: ___________________________ List of all Partners:

STATE OF _________________

COUNTY OF _______________

I, ________________________________________, a Notary Public of the State of _______________________, __________________ County, certify that ___________________________________ personally appeared before me this day and acknowledged the due execution of the foregoing instrument.

Witness my hand and seal, this ______ day of __________________, 20___.

______________________________ SEAL

My commission expires: ___________

September 4, 2026 Page 11

SUBMITTED BY THE FOLLOWING BUSINESS ENTITY OTHER THAN CORPORATION OR PARTNERSHIP:

Name of Business Entity: _______________________ By: _________________________________________ Printed Name: ________________________________ Title: ________________________________________ Business Entity Address: ________________________

STATE OF ________________

COUNTY OF _______________

I, ________________________________________, a Notary Public of the State of _______________________, __________________ County, certify that ___________________________________ personally appeared before me this day and acknowledged the due execution of the foregoing instrument.

Witness my hand and seal, this ______ day of __________________, 20___.

______________________________ SEAL

My commission expires: __________

September 4, 2026 Page 12

Non-Collusion Affidavit Bid # Q27-104

State of North Carolina Town of Chapel Hill

_________________________________________(name of individual), being first duly sworn, deposes and says that:

1. He/She is the ___________________________ (title) of __________________________________

(company name), the proposer that has submitted the attached bid;

2. He/She is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid;

3. Such bid is genuine and is not a collusive or sham bid;

4. Neither the said Company nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other company or Person to submit a collusive or sham bid in connection with the contract for which the attached bid has been submitted or to refrain from proposing in connection with such contract, or has in any manner, directly or indirectly sought by agreement or collusion of communication or conference with any other company, firm or person to fix the price or prices in the attached bid or of any other companies, or to fix any overhead, profit or cost element of the price of the bid of any other company or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the Town or any person interested in the proposed contract; and

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

Signature

Title

Date: ______________________________

September 4, 2026 Page 13

Certification Regarding Lobbying

RFB # Q27-104

“Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended) This certification requirement applies to all FEMA grant and cooperative agreement programs. Contractors that apply or bid for an award of $100,000 or more shall file the required certification required by 49 CFR Part 20, “New Restrictions on Lobbying.” Each tier certifies to the tier above that it will not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose the name of any registrant under the Lobby Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-federal funds with respect to that federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient.

The offeror, by signing its offer, hereby certifies, to the best of his or her knowledge and belief that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The Contractor, ____________________________________________________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any.

Signature of Contractor’s Authorized Official Printed Name and Title of Contractor’s Authorized Official

Date: _______________________________

September 4, 2026 Page 14

Certification Regarding Debarment and Suspension

The Use of any Contractor that has been declared debarred by the office of Federal Contract Compliance Programs (OFCCP) is prohibited. Further the use of subcontractor(s) that has been declared debarred by OFCCP is prohibited. A complete list of federally disbarred contractors can be found at www.sam.gov. It is the sole responsibility of the Contractor to ensure that subcontractor(s) are in good standing with the OFCCP and not on the disbarment list.

The undersigned Contractor certifies to the best of his or her knowledge and belief, that the Contractor and its 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 3-year period preceding this bid been convicted of or had a valid 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;

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

d. have not within a 3-year period preceding this application/bid had one or more public transactions (Federal, State, or local) terminated for cause or default.

Should the Contractor not be able to provide this certification, an explanation as to why should be placed after the assurances page in the application package.

The Contractor agrees by submitting the bid that it will include, without modification, the clause titled “Certification Regarding Debarment, Suspension, in eligibility, and Voluntary Exclusion-Lower Tier Covered Transactions” in all lower tier covered transactions (i.e., transactions with sub-grantees and/or contractors) and in all solicitations for lower tier covered transactions.

Signature

Title

Date: _________________________ http://www.sam.gov/

Federal Assistance – Owner & Contractor – March 2023 Page 1 of 9

TOWN OF CHAPEL HILL, NORTH CAROLINA

CONTRACT BETWEEN OWNER AND CONTRACTOR

FOR CURB RAMP AND CROSSWALK PACKAGE

THIS CONTRACT BETWEEN OWNER AND CONTRACTOR (the “Agreement”), is made and entered into as of the date set forth below between the Town of Chapel Hill (the “Owner”), and

{Insert Contractor’s Full Legal Name} (the “Contractor”), a duly licensed contractor authorized and qualified to do business in North Carolina.

Section 1. For and in consideration of the payments and mutual promises made by the Owner and

Contractor, and under the penalty expressed in the bond bearing even date with these presents, and hereunto annexed, the Contractor agrees with the Owner, at the Contractor’s own proper cost and expense and with skill and diligence, to provide the labor and furnish all the materials for performance of the work (the “Work”) necessary to construct and complete ready for use, Curb

Ramp and Crosswalk Package (the “Project”) or such portion thereof as may be awarded to said

Contractor, or to furnish such materials as may be awarded, as herein set forth, all in conformity with the Instructions to Bidders, Plans and Specifications, Detail of Bid Items, insurance requirements and the Contractor's proposal dated __________ attached hereto, and incorporated herein by reference, and such detailed directions, drawings, and similar information as may be given by the

Owner from time to time during the construction, and in full compliance with this Agreement.

Section 2. The Contractor agrees to accept the sum of $________________ (the “Contract Sum”) in full compensation for furnishing materials and for all labor in performing all the Work contemplated in this Agreement.

Section 3. For the purpose of this Agreement, all directions from the Owner to the Contractor shall be made by ___________________ (the “Town Project Manager”), whose address is __________

____________________________. No change orders shall be valid unless signed by the Town

Project Manager, Town Manager, Department Director, Town Attorney and the Town Finance

Officer, and, if required by Town ordinance or resolution, approved and executed by the Town

Council.

Section 4. The Work will be staked out by the Contractor, as necessary, and reviewed by the Town

Project Manager at the appropriate stages and times prior to placement of materials. The Contractor will be required to carefully preserve all stakes and grades until authorized to remove them.

Construction staking is not a pay item.

The Contractor shall also furnish all proper and necessary assistance and access for reviewing and inspecting the Work.

Section 5. The Contractor agrees to substantially complete Tasks 1 and 2 by November 30th, 2026, and complete Task 3 by December 31, 2026. Furthermore, the Owner and Contractor acknowledge that because the damages and losses to the Owner in the event of the Contractor’s

SAMPLE CONTRACT BETWEEN OWNER AND CONTRACTOR WITH FEDERAL TERMS

Federal Assistance – Owner & Contractor – March 2023 Page 2 of 9 failure to perform the Work within the time set forth herein will be difficult to ascertain and quantify, that there will be $750 per calendar day assessed against the Contractor as liquidated damages for losses sustained by the Owner for the Contractor’s failure to substantially complete the Work within the time established herein, and that the amount of the liquidated damages as provided herein is a reasonable estimate of the Owner’s losses. The Owner will hold retainage, in accordance with the General Conditions.

Section 6. The Contractor agrees not to employ any incompetent or disorderly person on the Work, and will employ competent, experienced foremen to be in charge of their respective work.

Section 7. The Town Project Manager, shall in all cases determine the quality and quantity of the

Work, including the materials, furnished by the Contractor under this Agreement, and also shall determine all questions in relation to lines, levels, and dimensions of the work, and as to the interpretation of the plans and specifications and as to all time extension requests.

Section 8. The grand total of unit price extensions for the Work is $_____________. The sum may be modified by valid change orders as provided in the Contract Documents.

Section 9. The Contractor agrees that the Contractor’s Superintendent, Project Manager, or

Foreman in charge of the Work or any part thereof, shall have authority to receive information or instructions regarding the Project and to act on behalf of the Contractor with respect to such information or instructions.

Section 10. The Owner may require the Contractor to furnish additional materials, and to do additional work not provided in this Agreement or in the specifications, but which may be found necessary to the proper prosecution and completion of the Work as set forth in Article 19 of the

General Conditions of the Agreement (the “General Conditions”). Said General Conditions are attached hereto and incorporated herein by reference. No work other than that included in this

Agreement shall be done and no additional material shall be furnished by the Contractor without a written Change Order or Construction Change Directive signed by the Town

Project Manager, Town Manager, Town Department Director, Town Attorney and the

Town Finance Officer, and, if required by ordinance or resolution, approved and executed by the Town Council. In the absence of such written Change Order or Construction Change

Directive, the Contractor shall not be entitled to the payment for any additional work.

Section 11. The Owner reserves the right to place inspectors on the Work or at the place of shipment, or delivery of materials, or at factory or works of the Contractor, to observe the quality and character of the Work performed and materials used, and the Contractor agrees to afford such inspectors all proper access and facilities for carrying out their duties.

It is agreed and understood that the right of the Owner to review or inspect the Work or materials is retained in order to secure the completion of the Work in conformity with the plans, specifications, and the contract documents, and without unnecessary inconvenience to the public, but nothing contained in the plans, specifications, and the contract documents shall be taken or understood to authorize control by the Owner of any of the Contractor’s obligations, or of the means or methods for performance of the Work, or as to make the Contractor an agent of the Owner.

Federal Assistance – Owner & Contractor – March 2023 Page 3 of 9

Section 12. The Contractor acknowledges and agrees that no employee of the Owner or the

Town Project Manager HAS ANY POWER TO VARY THIS CONTRACT without a written change order or construction change directive as set forth in Article 19 of the General

Conditions and that any variation from this Agreement shall be at the Contractor's own risk.

Section 13. The Contractor and Owner agree that this Agreement may not be assigned or transferred, including any assignment by operation of law, without the consent of the other. The assignment or transfer, including any assignment by operation of law, of any part of the Work by the

Contractor shall not in any way relieve the Contractor of the Contractor’s obligations, and the Owner will look to the Contractor, and not the subcontractor, for the faithful performance of the Work.

Section 14. The Contractor agrees to immediately remove and reconstruct at the Contractor’s own expense all work or materials not in conformity with this Agreement, and any failure on the part of the Town Project Manager or Owner to reject nonconforming work or material before the final completion and acceptance of the entire Work or material, shall not be considered an acceptance of the Work or material, or any part of it, notwithstanding that such Work or material previously may have been paid for.

Section 15. On the final completion of the work, the Owner shall proceed with due diligence and in accordance with the General Conditions to pay or cause to be paid within thirty (30) days thereafter the Contract Sum as modified by valid change orders signed as provided herein, less progress payments previously made, in legal tender of the United States and the acceptance of payment of such final amount shall release the Owner from all claims by the Contractor for Work done, materials furnished, or any other claims under or relating to this Agreement.

Section 16. The Owner may at any time require full release of all claims for materials or labor furnished for the Work and may withhold payments of amounts reasonably adequate to pay such claims until the Contractor has produced evidence reasonably sufficient to establish that such claims have been resolved.

Section 17. The Contractor agrees to perform the Work in such a manner as to be of least inconvenience to the Owner and public. The Contractor agrees to comply with all ordinances and regulations affecting the Work in any manner, and with all sanitary rules and regulations, taking precaution to avoid creating unsanitary conditions.

Section 18. The Contractor further agrees that if there is a material breach of this Agreement by the Contractor as provided in Article 29 of the General Conditions, the Owner shall have the right to notify the Contractor of the Contractor’s default. Upon notification of such a default, the

Contractor shall discontinue said work or such part of parts thereof as the Owner may designate, and the Owner shall thereupon have the power and the right to proceed as provided in Article 27 or other applicable provision of the General Conditions.

Section 19. The Contractor shall maintain worker's compensation, general and automobile liability and property damage insurance as set forth in the General Conditions. The Contractor shall indemnify and save harmless the Owner from all costs, damages, expenses, suits, actions, Federal Assistance – Owner & Contractor – March 2023 Page 4 of 9 proceedings of every name and description in law or equity, including reasonable attorneys’ fees, brought against it or its officers, agents or employees, arising out of or related to the performance of the Work, arising out of or related to infringement of any patent, or due to or in consequence of any negligence or any action, error or omission of the Contractor, where the Contractor’s actions are the proximate cause of the loss, damage or expense.

Section 20. The Contractor must be in full compliance with all applicable federal and state laws, including those on immigration.

Section 21. The Contractor contractually agrees to administer all functions pursuant to this

Contract without discrimination because of race, creed, sex, national origin, age, economic status, sexual orientation, gender identity or gender expression.

Section 22. The Contractor shall furnish the Owner certified statements setting forth the cost of the materials purchased from each vendor and the amount of North Carolina sales and use taxes paid thereon. In the event the Contractor makes several purchases from the same vendor, the

Contractor’s certified statement shall indicate the invoice number, the inclusive dates of the invoices, the total amount of the invoices, and the North Carolina sales and use taxes paid thereon.

The Contractor’s certified statement shall also include the cost of any tangible personal property withdrawn from the Contractor's warehouse stock and the amount of North Carolina sales or use tax paid thereon by the Contractor. The Contractor shall furnish such additional information as the

Commissioner of Revenue of the State of North Carolina may require to substantiate a refund claim by the Owner for sales or use taxes. The Contractor shall obtain and furnish to the Owner similar certified statements by the subcontractors. The certified statements to be furnished shall be in the form of the standard CONTRACTOR'S SALES TAX REPORT and shall be submitted with each request for payment. The Owner will not make payment to the Contractor until the

CONTRACTOR'S SALES TAX REPORTS ARE SUBMITTED. Any and all refunds received by the Owner of said taxes shall remain with the Owner, and the Contractor shall not be entitled to such refund.

Section 23. The Contractor hereby agrees that the Contractor has read each and every clause of this Agreement and fully understands the meaning of the same, and that the Contractor will comply with all the terms herein. This Agreement is to be executed in two copies, one copy to be delivered to the Contractor and the other to be retained by the Owner.

Section 24. This Agreement is subject to the terms of all federal, state, and local requirements for the Work whether or not such requirements are set forth in the body of this contract.

Section 25. This Agreement shall be governed by and interpreted in accordance with the laws of the

State of North Carolina.

Section 26. This agreement may be amended or modified only by a writing signed by the Owner and Contractor.

Section 27. This Contract is subject to the provisions of the North Carolina General Statutes regarding the dispute resolution process. Accordingly, the following procedure shall be used to

Federal Assistance – Owner & Contractor – March 2023 Page 5 of 9 resolve any disputed issues, where the amount in controversy exceeds $10,000, arising out of this contract or the construction process thereunder. If a dispute occurs between the Owner and

Contractor arising out of or relating to the Contract or an alleged breach thereof, the Owner and

Contractor agree to attempt to resolve the dispute by engaging in good faith negotiations. If the dispute cannot be resolved by negotiation, the Owner and Contractor agree as a condition precedent to commencing a lawsuit to submit the dispute to non-binding mediation under the construction mediation rules of the American Arbitration Association. The parties agree to exercise good faith efforts to complete any such mediation within ninety (90) days after the demand for resolution has been delivered. The work shall proceed as required by the contract documents during the pendency of any mediation or litigation. In the event a dispute cannot be resolved through non-binding mediation, the courts and the authorities of the State of North Carolina shall have exclusive jurisdiction over all controversies between the parties which may arise under or in relation to this Contract. Venue is properly laid in Orange County, North Carolina for any state court action and in the Middle District of North Carolina for any federal court action.

Section 28. E-Verify: Contractor shall comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Further, should the Contractor utilize a subcontractor(s), Contractor shall require the subcontractor(s) to comply with the requirements of Article 2, Chapter

64 of the General Statutes.

Section 29. Contractor’s Affidavit: The final payment of retained amount due the Contractor on account of the Contract shall not become due until the Contractor has furnished to the Owner directly or through the Town Project Manager an affidavit signed, sworn and notarized to the effect that all payments for materials, labor, services or subcontracted Work in connection with this

Contract have been satisfied, and that no claims or liens exist against the Contractor in connection with this Contract.

Section 30. Federal Assistance. This Contract is funded, in whole or in part, by federal assistance.

Accordingly, the federal provisions contained in Exhibit B apply, as applicable.

[SIGNATURES ON FOLLOWING PAGE.]

Federal Assistance – Owner & Contractor – March 2023 Page 6 of 9

This Contract is between the Town of Chapel Hill and {Insert Contractor’s Full Legal Name} for CurB Ramp and Crosswalk Package.

IN WITNESS WHEREOF, the parties hereto cause this agreement to be executed in their respective names.

{INSERT CONTRACTOR’S FULL LEGAL NAME}

Vendor_Signature

Vendor_Name Vendor_Title_p

SIGNATURE PRINTED NAME & TITLE

TOWN OF CHAPEL HILL

Dept_Director Dept_Dir_Title

DEPARTMENT HEAD/EXECUTIVE DIRECTOR OR DEPUTY/TOWN MANAGER

DDirector_Name D_Dept_Name

PRINTED NAME & DEPARTMENT

ATTEST BY TOWN CLERK:

Clerk_Signature

SEAL_STAMP

TOWN CLERK/DEPUTY TOWN CLERK TOWN SEAL

TCD1 TCM1 TCYY1

Town Clerk attests date this the day of 20 .

Approved as to Form and Authorization. This is to certify that I have examined the attached Contract

Documents, other than the Detailed Specifications and Appendices thereto; that after said examination I am of the opinion that such documents conform to the Laws of the State of North Carolina and that execution of the Contract and the Performance and Payment Bonds are in due and proper form and; that the Owner signatures are duly authorized to execute said Contract.

Legal_Staff

ATTORNEY FOR TOWN

This instrument has been pre-audited in the manner required by the Local Government Budget and

Fiscal Control Act.

Finance_Signature

Finance_Sign_Date

FINANCE OFFICER DATE

Federal Provisions – Standard – March 2025

EXHIBIT B

Additional Provisions for Contracts Funded Through Federal Assistance

This Contract for purchases, services, construction or repairs to be provided by the Contractor hereto to the Town of Chapel Hill is funded, in whole or in part, by Federal assistance in the form of grant, sub-grant, loan or reimbursement either directly to the Town as a recipient or to the Town as a subrecipient of funding provided from the Federal government to an agency of the State of North Carolina or to another pass-through agency. Accordingly, the following Federal provisions apply to this Contract pursuant to 2 CFR § 200.327 and 2 CFR

Part 200, Appendix II, as applicable.

A. All Contracts – Compliance with Debarment and Suspension (Executive Orders 12549 and 12689). [2 CFR Part 200, App. II (H)]

A contract award (see 2 CFR § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the Office of Management and Budget guidelines at 2 CFR Part 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989

Comp., p. 235), Debarment and Suspension. SAM Exclusions contain the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

B. All contracts – Compliance with Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). [2 CFR Part 200, App. II (I)]

Contractor will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. Contractors that apply or bid for an award exceeding $100,000 must file the Certification Regarding Lobbying required by the federal granting agency pursuant to 31 U.S.C. § 1352 (as amended).

C. Certain Contracts – Compliance with Rights to Inventions Made

Under a Contract or Agreement. [2 CFR Part 200, App. II (F)]

If the Federal award meets the definition of “funding agreement” under

37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government

Grants, Contracts and Cooperative Agreements, and any implementing regulations issued by the awarding agency.

D. Prime Construction Contracts in excess of $2,000 (when required by Federal program legislation) – Compliance with Davis-Bacon Act, as amended (40 U.S.C. 3141-3144 and 3146-3148) as supplemented by

Department of Labor regulations (29 CFR Part 5, Labor Standards Provisions Applicable to Contracts Covering Federally Financed and

Assisted Construction). [2 CFR Part 200, App. II (D)]

Contractor is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, Contractor must pay wages not less than once a week. The Town of Chapel Hill must place a copy of the current prevailing wage determine issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The Town must report all suspected or reported violations to the Federal awarding agency.

E. Prime Construction Contracts in excess of $2,000 (when required by Federal program legislation) – Compliance with the Copeland “Anti- Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, Contractors and Subcontractors on

Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States). [2 CFR Part 200, App. II (D)]

Contractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The Town of Chapel Hill must report all suspected or reported violations to the Federal awarding agency.

F. All Contracts of $10,000 and above – Termination by Town. [2 CFR Part 200, App. II (B)]

The Town of Chapel Hill reserves the right to immediately terminate any agreement in excess of $10,000 in the event the Contractor fails to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the procurement solicitation, contract, and/or a purchase order; (2) make any payments owed; or (3) otherwise perform in accordance with…