Downtown Safe Routes to School _ Transit Connections Project.pdf

Town of Apex, NC Transportation & Infrastructure Development

Contract Proposal

TIP NUMBER: BL-0047

COUNTY: Wake

DESCRIPTION: This Downtown Safe Routes to School & Transit Connections project includes construction of pedestrian facilities along sections of Apex Peakway, Hillcrest Road, Cash Street, Pate Street, Hunter Street, and Ambergate Station. This project also includes pedestrian crossing improvements at the intersection of N Salem Street and Hunter Street.

DATE OF ADVERTISEMENT: June 25, 2026

BID OPENING: July 21, 2026 @11:00AM

*** 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 $40,000 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.

NAME OF BIDDER

ADDRESS OF BIDDER

RETURN BIDS TO: Town of Apex Attention: Amir Nezarati Person’s Title: Transportation Engineering Manager Physical Address: 105-B Upchurch St, Apex, NC 27502

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

TABLE OF CONTENTS

Bid Documents

NCDOT STANDARD NOTES .................................................................................................................. BD-1

CHANGES TO THE NCDOT 2024 STANDARD SPECIFICATIONS ........................................................... BD-3

INSTRUCTIONS TO BIDDERS ................................................................................................................ BD-4

BID FORM ............................................................................................................................................ BD-6

BID BOND ........................................................................................................................................... BD-7

PAYMENT BOND ............................................................................................................................... BD-14

PERFORMANCE BOND ...................................................................................................................... BD-23

EXECUTION OF BID ........................................................................................................................... BD-32

Contract Document

ROAD WORK CONTRACT .................................................................................................................... CD-1

Project Special Provisions

CONCRETE WASHOUT STRUCTURE .................................................................................................... PSP-1

CONSTRUCTION MATERIALS MANAGEMENT .................................................................................... PSP-4

ADA COMPLIANT PEDESTRIAN TRAFFIC CONTROL DEVICES ............................................................. PSP-6

FABRIC INSERT INLET PROTECTION .................................................................................................... PSP-7

FILTER BAG WITH GRAVEL PAD .......................................................................................................... PSP-9

STABILIZATION REQUIREMENTS ...................................................................................................... PSP-10

TEMPORARY TRAFFIC CONTROL ...................................................................................................... PSP-13

TREE PLANTING ................................................................................................................................ PSP-17

TREE PROTECTION FENCE ................................................................................................................ PSP-18

HAUL ROADS .................................................................................................................................... PSP-20

BUILD AMERICA, BUY AMERICA ....................................................................................................... PSP-21

CONTRACT TIME AND LIQUIDATED DAMAGES ................................................................................ PSP-26

INTERMEDIATE CONTRACT TIME #1 AND LIQUIDATED DAMAGES ................................................. PSP-27

INTERMEDIATE CONTRACT TIME & LIQUIDATED DAMAGES #2 (LANE CLOSURES) ........................ PSP-28

PERMANENT VEGETATION ESTABLISHMENT ................................................................................... PSP-29

NO MAJOR CONTRACT ITEMS .......................................................................................................... PSP-30

DISADVANTAGED BUSINESS ENTERPRISE ........................................................................................ PSP-31

CERTIFICATION FOR FEDERAL-AID CONTRACTS ............................................................................... PSP-46

RESTRICTIONS ON ITS EQUIPMENT AND SERVICES ......................................................................... PSP-47

USE OF UNMANNED AIRCRAFT SYSTEMS (UAS) ............................................................................. PSP-48

EQUIPMENT IDLING GUIDELINES ..................................................................................................... PSP-49

US DEPARTMENT OF TRANSPORTATION HOTLINE .......................................................................... PSP-50

TWELVE-MONTH GUARANTEE ......................................................................................................... PSP-51

EROSION AND SEDIMENT CONTROL/STORMWATER CERTIFICATION ............................................. PSP-52

PROCEDURE FOR MONITORING BORROW PIT DISCHARGE ............................................................. PSP-55

CLEARING & GRUBBING METHOD II ................................................................................................ PSP-57

BURNING RESTRICTION .................................................................................................................... PSP-58

SHOULDER AND FILL SLOPE MATERIAL (LUMP SUM GRADING) ..................................................... PSP-59

FLOWABLE FILL ................................................................................................................................. PSP-60

INCIDENTAL STONE BASE ................................................................................................................. PSP-61

PATCHING EXISTING PAVEMENT ..................................................................................................... PSP-62

DETECTABLE WARNING SURFACE AT CURB RAMPS ........................................................................ PSP-63

ADJUSTMENT OF MANHOLES, METER BOXES, AND VALVE BOXES ................................................. PSP-64

WORK ZONE INSTALLER ................................................................................................................... PSP-65

PAVEMENT MARKINGS .................................................................................................................... PSP-66

WATTLE DEVICES .............................................................................................................................. PSP-72

SIGNALS AND INTELLIGENT TRANSPORTATION SYSTEMS ............................................................... PSP-74

PERMITS ......................................................................................................................................... PSP-108

AVAILABILITY OF FUNDS – TERMINATION OF CONTRACTS ........................................................... PSP-109

NCDOT GENERAL SEED SPECIFICATION FOR SEED QUALITY .......................................................... PSP-110

ERRATA ........................................................................................................................................... PSP-113

PLANT AND PEST QUARANTINES ................................................................................................... PSP-116

TITLE VI AND NONDISCRIMINATION: ............................................................................................. PSP-117

MINORITY AND FEMALE EMPLOYMENT REQUIREMENTS ............................................................. PSP-126

REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS ......................... PSP-129

ON-THE-JOB TRAINING .................................................................................................................. PSP-143

DAVIS BACON WAGE RATE DETERMINATIONS .............................................................................. PSP-146

Attachments

CSX CONSTRUCTION AGREEMENT

NCDEQ LETTER OF APPROVAL-EROSION CONTROL PLAN

02/25/26

NCDOT STANDARD NOTES (Federal Aid)

A. NCDOT Standard Specifications – The 2024 North Carolina Department of Transportation Standard Specifications for Roads and Structures, herein referred to as the ‘Standard Specifications’, and the 2024 Roadway Standard Drawings, shall apply to all portions of this project except as may be modified by this document.

B. Bidder Prequalification - Bidders are required to be prequalified with NCDOT for their specific discipline. Contractors wishing to become prequalified may obtain information through the NCDOT website at:

https://connect.ncdot.gov/business/Pages/default.aspx

C. Disadvantaged Business Enterprise References - This is a Federal-aid project and the Federal DBE Program shall be adhered to. There is No Goal for participation by Disadvantaged Business enterprises for this contract. References to any other requirements or to N.C. General Statute 143-128.2 shall not apply to this project. Refer to Special Provision SP1 G63.

D. 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.

E. Contractor Licensing – On all Federal-aid contracts, 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).

F. Bonds - Please note that all Bid Bonds, Payment Bonds, and Performance Bonds required for this project shall be those found on the NCDOT website. The bonds are located at:

https://connect.ncdot.gov/municipalities/Pages/Bid-Proposals-for-LGA.aspx

Bid Bonds:

https://connect.ncdot.gov/municipalities/Bid%20Proposals%20for%20LGA%20Conten t/04%20Bid%20Bonds.docx

Payment Bonds:

https://connect.ncdot.gov/municipalities/Bid%20Proposals%20for%20LGA%20Conten t/05%20Payment%20Bonds.aspx

BD-1

02/25/26

Performance Bonds:

https://connect.ncdot.gov/municipalities/Bid%20Proposals%20for%20LGA%20Conten t/06%20Performance%20Bonds.aspx

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

H. Buy America – This project shall be governed by the Buy America requirements for the use of domestic steel and iron products, as outlined in the Standard Specifications.

I. Build America, Buy America (BABA) – This project shall be governed by the Build America, Buy America (BABA) requirements as outlined in the Standard Specifications.

J. Retainage by LGAs – The LGA for this contract will not retain any amount or percentage from progress payments or final estimates due the contractor.

Retainage 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.

K. 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.

BD-2

ALLOWABLE CHANGES TO THE NCDOT 2024 STANDARD SPECIFICATIONS:

(Rev. 7-23-24)

1. Page 1-9, Article 102-1, INVITATION TO BID, lines 23-32, delete this article in its entirety.

2. Page 1-16, Subarticle 102-8(B), Electronic Bids, lines 12-33, delete this subarticle in its entirety.

3. Page 1-17, Subarticle 102-9(C)(2), Electronic Bids, lines 34-44, delete this subarticle in its entirety.

4. Page 1-18, Article 102-10, BID BOND OR BID DEPOSIT, delete lines 36-43.

5. Page 1-18, Subarticle 102-11, DELIVERY OF BIDS, delete lines 47-48.

6. Page 1-19, Subarticle 102-12(A), Paper Bid, line 5, replace “Contract Officer” with “Transportation Engineering Manager”.

7. Page 1-19, Subarticle 102-12(B), Electronic Bid, lines 10-16, delete this subarticle in its entirety.

8. Page 1-19, Subarticle 102-13(B)(2), Electronic Bids, lines 24-25, delete this subarticle in its entirety.

9. Pages 1-22 and 1-23, Subarticle 103-2(B), Electronic Bids, lines 42-46 and lines 1-31, delete this subarticle in its entirety.

10. Page 1-23, Subarticle 103-3(A), Criteria for Withdrawal of Bid, line 35, replace “NCGS § 136-28.1” with “NCGS § 143-129.1”.

11. Page 1-24, Subarticle 103-3(A)(5), Criteria for Withdrawal of Bid, line 4, replace “State Contract Officer” with “Transportation Engineering Manager”.

12. Page 1-25, Article 103-7, CONTRACT BONDS, line 38, replace “14 calendar days” with “10 calendar days per NCGS § 143-129”.

13. Page 1-26, Article 103-9, FAILURE TO FURNISH CONTRACT BONDS, line 2, replace “14 calendar days” with “10 calendar days per NCGS § 143-129”.

14. Pages 1-43 and 1-44, Article 105-9, CONSTRUCTION STAKES, LINES AND GRADES, lines 46- 49 and lines 1-7, delete both paragraphs and replace with “The Municipality will not set the stakes, lines or grades for this project.”.

15. Page 1-64, Article 108-2, PROGRESS SCHEDULE, add the following after line 18 “(D) The municipality may add additional requirements as noted in the bid proposal.”.

16. Page 1-64, Article 108-3, PRECONSTRUCTION CONFERENCE, line 20, replace “Engineer” with “Transportation Engineering Manager”.

17. Page 1-64, Article 108-4, CONSTRUCTION CONFERENCES, line 28, replace “Engineer” with “Transportation Engineering Manager”.

18. Page 1-82 and 1-83, Article 109-8, FUEL PRICE ADJUSTMENTS, lines 29-44 and lines 1-15, delete this subarticle in its entirety and replace with the following: “Fuel Price Adjustments will not apply to this project.”.

19. Page 6-33, Article-620-4, MEASUREMENT AND PAYMENT, lines 11-35, delete and replace with the following: “Asphalt Price Adjustments will not apply to this project.”.

BD-3

1/22/26

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 may cause the bid to be considered irregular and may be grounds for rejection of the bid.

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

2. All entries on the itemized proposal sheet (bid form) shall be written in ink or typed.

3. The Bidder shall submit a unit price for every item on the itemized proposal sheet (bid form). The unit prices for the various contract items shall be entered in figures. ***Unit prices shall be rounded off by the Bidder to contain no more than TWO (2) decimal places.***

4. An amount bid shall be entered on the itemized proposal sheet (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" column of the form.

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

6. Bid must be accompanied by an original, fully executed Bid Bond payable to Owner in an amount of five percent (5%) of the total amount of the bid. A certified check, in the above referenced amount, may be used in lieu of a Bid Bond.

7. The bid shall be properly executed on the included Execution of Bid – Non-collusion, Debarment and Gift Ban Certification form. All bids shall show the following information:

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

b. Corporations that have a corporate seal should include it on the bid.

c. Name of individual or representative submitting bid and position or title held on behalf of the bidder.

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

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

9. 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.

10. ALL BIDS SHALL CONSIST OF THE FOLLOWING:

a. EXECUTION OF BID: NON-COLLUSION AFFIDAVIT, DEBARMENT

CERTIFICATION AND GIFT BAN CERTIFICATION

b. BID FORM

c. BID BOND

d. LISTING OF DBE SUBCONTRACTORS (M-2)

11. THE BID PACKAGE SHALL BE PLACED IN A SEALED ENVELOPE AND SHALL HAVE BEEN

DELIVERED TO AND RECEIVED AT THE WATER RESOURCES ADMINISTRATION

BUILDING, 105-B UPCHURCH ST BY THE DATE AND TIME SPECIFIED BELOW.

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

“QUOTATION FOR – BL-0047 DOWNTOWN SAFE ROUTES TO SCHOOL & TRANSIT

CONNECTIONS TO BE OPENED AT 11:00 AM ON JULY 21, 2026 AT THE WATER RESOURCES

ADMINISTRATION BUILDING, 105-B UPCHURCH ST, APEX, NC 27502.”

1/22/26

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

Town of Apex Attn: Amir Nezarati

P.O. Box 250 Apex, NC 27502

14. Questions should be emailed 7 calendar days prior to the bid opening to Amir Nezarati at Amir.Nezarati@apexnc.org.

Contact with any other Town of Apex personnel concerning this project is strictly prohibited, unless otherwise noted, and may result in bids being considered non-responsive.

_BL-0047 Bid Form

ITEM # SECTION DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED

ROADWAY ITEMS

1 800 MOBILIZATION 1 LS $ -

2 801 CONSTRUCTION SURVEYING 1 LS $ -

3 226 UNDERCUT EXCAVATION 100 CY $ -

4 226 GRADING 1 LS $ -

5 240 DRAINAGE DITCH EXCAVATION 25 CY $ -

6 300 FOUNDATION CONDITIONING MATERIAL, MINOR STRUCTURES 75 TN $ -

7 300 FOUNDATION CONDITIONING GEOTEXTILE 245 SY $ -

8 310 15" PIPE CULVERTS, PP 530 LF $ -

9 310 18" PIPE CULVERTS, PP 130 LF $ -

10 310 15" PIPE END SECTION 3 EA $ -

11 340 PIPE REMOVAL 30 LF $ -

12 454 SEGMENTAL GRAVITY RETAINING WALLS 1099 SF $ -

13 520 AGGREGATE BASE COURSE 420 TN $ -

14 545 INCIDENTAL STONE BASE 50 TN $ -

15 607 MILLING ASPHALT PAVEMENT, 0-1.5" 335 SY $ -

16 610 ASPHALT CONCRETE SURFACE COURSE, TYPE S 9.5B 180 TN $ -

17 610 ASPHALT CONCRETE INTERMEDIATE COURSE, TYPE I 19.0C 120 TN $ -

18 610 ASPHALT CONCRETE BASE COURSE, TYPE B 25.0C 390 TN $ -

19 620 ASPHALT BINDER FOR PLANT MIX 40 TN $ -

20 654 ASPHALT PLANT MIX, PAVEMENT REPAIR 10 TN $ -

21 SP PATCHING EXISTING PAVEMENT 100 TN $ -

22 840 MASONRY DRAINAGE STRUCTURES 16 EA $ -

23 840 MASONRY DRAINAGE STRUCTURES 1.8 LF $ -

24 840 FRAME W/ GRATE, STANDARD 840.03 14 EA $ -

25 840 FRAME W/ COVER, TOA STANDARD 700.05 2 EA $ -

26 846 2'-6" CONCRETE CURB & GUTTER 1995 LF $ -

27 848 CONCRETE CURB RAMP 27 EA $ -

28 848 6" CONCRETE DRIVEWAY 440 SY $ -

29 848 4" CONCRETE SIDEWALK 2250 SY $ -

30 867 FENCE RESET (CHAIN LINK) 741 LF $ -

31 876 RIP RAP, CLASS B 10 TN $ -

32 876 GEOTEXTILE FOR DRAINAGE 120 SY $ -

33 901 CONTRACTOR FURNISHED, TYPE E SIGNS 6 SF $ -

34 903 SUPPORTS, 2-LB STEEL SQUARE BREAKAWAY 8 EA $ -

35 904 SIGN ERECTION, TYPE E (GROUND MOUNTED) 3 EA $ -

36 904 SIGN ERECTION, RELOCATE TYPE E (GROUND MOUNTED) 12 EA $ -

37 SP TEMPORARY TRAFFIC CONTROL 1 LS $ -

38 1205 THERMO PAVEMENT MARKING LINES (4", 90 MILS) 65 LF $ -

39 1205 THERMO PAVEMENT MARKING LINES (8", 90 MILS) 1122 LF $ -

40 1205 THERMO PAVEMENT MARKING LINES (24", 90 MILS) 150 LF $ -

41 1510 6" WATER LINE (DIP) 20 LF $ -

42 1515 RELOCATE WATER METER 17 EA $ -

43 1515 RELOCATE FIRE HYDRANT 1 EA $ -

44 1520 RELOCATE SANITARY SEWER CLEAN-OUT 10 EA $ -

45 1520 SANITARY SEWER CLEAN-OUT 1 EA $ -

46 1520 SEWER SERVICE LINE 46 LF $ -

47 1530 ABANDON 4" UTILITY PIPE 56 LF $ -

48 SP FLOWABLE FILL 5 CY $ -

49 1605 TEMPORARY SILT FENCE 2600 LF $ -

50 1605 TEMPORARY SILT FENCE (SUPER SILT FENCE) 150 LF $ -

51 SP TREE PROTECTION FENCE 2050 LF $ -

52 1610 STONE FOR EROSION CONTROL, CLASS B 60 TN $ -

53 1610 SEDIMENT CONTROL STONE 90 TN $ -

54 1631 MATTING FOR EROSION CONTROL 8400 SY $ -

55 1632 1/4" HARDWARE CLOTH 300 LF $ -

56 1642 COIR FIBER WATTLE BARRIER 300 LF $ -

57 1660 SEEDING AND MULCHING 1.7 AC $ -

58 1675 RESPONSE TO EROSION CONTROL 25 EA $ -

59 SP FABRIC INSERT INLET PROTECTION, TYPE 1 7 EA $ -

60 SP FABRIC INSERT INLET PROTECTION, TYPE 2 18 EA $ -

61 SP FABRIC INSERT INLET PROTECTION CLEANOUT 150 EA $ -

62 SP FILTER BAG WITH GRAVEL PAD 1 EA $ -

63 SP TREE PLANTING 7 EA $ -

64 SP CONCRETE WASHOUT STRUCTURE 1 EA $ -

65 SP PREFABRICATED CONCRETE WASHOUT 1 EA $ -

TRAFFIC SIGNAL ITEMS

66 1705 PEDESTRIAN SIGNAL HEAD (16", 1 SECTION WITH COUNTDOWN) 8 EA $ -

67 SP APS DETECTOR STATION 8 EA $ -

68 SP CENTRAL CONTROL UNITS FOR APS DETECTOR STATION 1 EA $ -

69 1705 SIGNAL CABLE 2200 LF $ -

70 1705 VEHICLE SIGNAL HEAD (12", 3 SECTION) 4 EA $ -

71 1705 VEHICLE SIGNAL HEAD (12", 4 SECTION) 4 EA $ -

72 1715 UNPAVED TRENCH (1,2") 200 LF $ -

73 1715 PAVED TRENCH (1,2") 100 LF $ -

74 1716 JUNCTION BOX (STANDARD SIZE) 1 EA $ -

75 1726 LEAD-IN CABLE (14-2) 2900 LF $ -

76 1737 MODIFY RADIO INSTALLATION 1 EA $ -

77 1743 TYPE II PEDESTAL WITH FOUNDATION 8 EA $ -

78 1745 SIGN FOR SIGNALS 5 EA $ -

79 1747 LED BLANKOUT SIGN 1 EA $ -

80 1750 SIGNAL CABINET FOUNDATION 1 EA $ -

81 1751 CONTROLLER WITH CABINET (TYPE 2070LX, BASE MOUNTED) 1 EA $ -

82 1751 DETECTOR CARD (170) 10 EA $ -

83 1753 CABINET BASE EXTENDER 1 EA $ -

84 1550 BORE & JACK 40 LF $ -

85 SP PREEMPT FIELD MONITORING UNIT 1 EA $ -

TOTAL: -$

BD-6

STATE OF NORTH CAROLINA

TOWN OF APEX

APEX , NC

BID BOND

Principal:

Name of Principal Contractor

Surety:

Name of Surety

Contract Number: County:

Date of Bid:

KNOW ALL MEN BY THESE PRESENTS, That we, the PRINCIPAL CONTRACTOR (hereafter, PRINCIPAL) and SURETY above named, are held and firmly bound unto the Local Government Agency in the full and just sum of five (5) percent of the total amount bid by the Principal for the project stated above, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

NOW, THEREFORE, in accordance with Article 102-10 of the Standard Specifications, the condition of this obligation is: the Principal shall not withdraw its bid within sixty (60) days after the opening of the bids, or within such other time period as may be provided in the proposal, and if the Local Government Agency shall award a contract to the Principal, the Principal shall, within fourteen (14) calendar days after written notice of award is received by him, provide bonds with good and sufficient surety, as required for the faithful performance of the contract and for the protection of all persons supplying labor, material, and equipment for the prosecution of the work. In the event the Principal requests permission to withdraw his bid due to mistake in accordance with the provisions of Article 103-3 of the Standard Specifications, the conditions and obligations of this Bid Bond shall remain in full force and effect until the Local Government Agency makes a final determination to either allow the bid to be withdrawn or to proceed with award of the contract. In the event a determination is made to award the contract, the Principal shall have fourteen (14) calendar days to comply with the requirements set forth above. In the event the Principal withdraws its bid after bids are opened except as provided in Article 103-3 of the Standard Specifications, or after award of the contract has been made fails to execute such additional documents as may be required and to provide the required bonds within the time period specified above, then the amount of the bid bond shall be immediately paid to the Local Government Agency as liquidated damages.

IN TESTIMONY WHEREOF, the Principal and Surety have caused these presents to be duly signed and sealed.

This the ______ day of ___________________, 20 ______

Print or type Surety Company Name NAIC #

By General Agent or Attorney-in-Fact Signature

Seal of Surety Print or type Signer's Name

BD-7

Rev. 10-31-24

BID BOND

CORPORATION

SIGNATURE OF CONTRACTOR (Principal)

Full name of Corporation

Address as prequalified

By Signature of President, Vice President, Assistant Vice President Select appropriate title

Print or type Signer's name

Affix Corporate Seal

Attest Signature of Secretary, Assistant Secretary

BD-8

LIMITED LIABILITY COMPANY

Name of Contractor Full name of Firm

By:

Signature of Member, Manager, Authorized Agent

Print or type Signer’s name

BD-9

INDIVIDUAL DOING BUSINESS UNDER A FIRM NAME

Print or type Individual Name

Trading and doing business as

Signature of Contractor Individually

Signature of Witness

BD-10

INDIVIDUAL DOING BUSINESS IN HIS OWN NAME

BD-11

PARTNERSHIP

Full name of Partnership

Signature of Partner

BD-12

JOINT VENTURE (2 or 3)

SIGNATURE OF CONTRACTORS (Principal)

Instructions to Bidders: 2 Joint Ventures, Fill in lines (1), (2) and (3) and execute. 3 Joint Venturers Fill in lines (1), (2), (3), (4) and execute.

Line (1), print or type the name of Joint Venture. On line (2), print or type the name of one of the joint venturers and execute below in the appropriate manner required by Article 102-8 of the Standard Specifications. On Line (3), print or type the name of second joint venturer and execute below in the appropriate manner required by said article of the Specifications. On Line (4), print or type the name of the third joint venturer, if applicable and execute below in the appropriate manner required by said article of the Specifications. This form of execution must be strictly followed.

(1) Name of Joint Venture

(2)

Signature of Witness or Attest By Signature of Contractor

Print or type Signer's name Print or type Signer's name

If Corporation, affix Corporate Seal and

(3) and

(4) Name of Contractor (for 3 Joint Venture only)

CORPORATE SEAL(S)

BD-13

CONTRACT PAYMENT BOND

Date of Payment Bond Execution

Name of Principal Contractor

Name of Surety:

Name of Contracting Body: Town of Apex

Apex, North Carolina

Amount of Bond:

Contract ID No.:

County Name:

KNOW ALL MEN BY THESE PRESENTS, That we, the PRINCIPAL CONTRACTOR (hereafter, PRINCIPAL) and SURETY above named, are held and firmly bound unto the above named Contracting Body, hereinafter called the Contracting Body, in the penal sum of the amount stated above for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal entered into a certain contract with the Contracting Body, numbered as shown above and hereto attached:

NOW THEREFORE, if the principal shall promptly make payment to all persons supplying labor and material in the prosecution of the work provided for in said contract, and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to the surety being hereby waived, then this obligation to be void; otherwise to remain in full force and virtue.

IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their several seals on the date indicated above, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

BD-14

Affix Seal of Surety Company Print or type Surety Company Name NAIC #

Print, stamp or type name of Attorney-in-Fact

Signature of Attorney-in-Fact

Address of Attorney-in-Fact

BD-15

BD-16

BD-17

BD-18

BD-19

BD-20

JOINT VENTURE (2) or (3)

Instructions to Bidders: 2 Joint Ventures, Fill in lines (1), (2) and (3) and execute. 3 Joint Venturers Fill in lines (1), (2), (3), (4) and execute. On Line (1), print or type the name of Joint Venture. On line (2), print or type the name of one of the joint venturers and execute below in the appropriate manner required by Article 102-8 of the Standard Specifications. On Line (3), print or type the name of second joint venturer and execute below in the appropriate manner required by said article of the Specifications. On Line (4), print or type the name of the third joint venturer, if applicable and execute below in the appropriate manner required by said article of the Specifications. This form of execution must be strictly followed.

(1) ____________________________________________________________________________________________________

(2) ____________________________________________________________________________________________________

______________________________________ By _________________________________ Signature of Witness or Attest Signature of Contractor

Print or type Signer’s Name Print or type Signer’s Name

If Corporation, affix Corporate Seal and

(3) _______________________________________________________________________________________________________

(4) _______________________________________________________________________________________________________

BD-21

Attach certified copy of Power of Attorney to this sheet.

BD-22

CONTRACT PERFORMANCE BOND

Date of Performance Bond Execution:

Name of Principal Contractor:

Name of Surety:

Name of Contracting Body: Town of Apex

Apex, North Carolina

Amount of Bond:

Contract ID No.:

County Name:

KNOW ALL MEN BY THESE PRESENTS, That we, the PRINCIPAL CONTRACTOR (hereafter, PRINCIPAL) and SURETY above named, are held and firmly bound unto the above named Contracting Body, hereinafter called the Contracting Body, in the penal sum of the amount stated above for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal entered into a certain contract with the Contracting Body, numbered as shown above and hereto attached:

NOW THEREFORE, if the principal shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term of said contract and any extensions thereof that may be granted by the Contracting Body, with or without notice to the Surety, and during the life of any guaranty required under the contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to the surety being hereby waived, then this obligation to be void; otherwise to remain in full force and virtue.

IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their several seals on the date indicated above, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

BD-23

Affix Seal of Surety Company Print or type Surety Company Name NAIC #

Print, stamp or type name of Attorney-in-Fact

Signature of Attorney-in-Fact

Address of Attorney-in-Fact

BD-24

BD-25

BD-26

BD-27

BD-28

BD-29

Instructions to Bidders: 2 Joint Ventures, Fill in lines (1), (2) and (3) and execute. 3 Joint Venturers Fill in lines (1), (2), (3), (4) and execute. On Line (1), print or type the name of Joint Venture. On line (2), print or type the name of one of the joint venturers and execute below in the appropriate manner required by Article 102-8 of the Standard Specifications. On Line (3), print or type the name of second joint venturer and execute below in the appropriate manner required by said article of the Specifications. On Line (4), print or type the name of the third joint venturer, if applicable and execute below in the appropriate manner required by said article of the Specifications. This form of execution must be strictly followed.

(1) ____________________________________________________________________________________________________

(2) ____________________________________________________________________________________________________

(3) _______________________________________________________________________________________________________

(4) _______________________________________________________________________________________________________

BD-30

Attach certified copy of Power of Attorney to this sheet.

BD-31

NON-COLLUSION, DEBARMENT AND GIFT BAN CERTIFICATION

The prequalified bidder, declares (or certifies, verifies, or states) under penalty of perjury under the laws of the United States that neither he, nor any official, agent or employee 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 prequalified bidder has not been convicted of violating N.C.G.S. §133-24 within the last three years, and that the prequalified bidder intends to do the work with his own bona fide employees or subcontractors and will not bid for the benefit of another contractor.

By submitting this non-collusion, debarment and gift ban certification, the prequalified bidder is attesting his 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 State Employee of any gift from anyone with a contract with the State, or from any person seeking to do business with the State. 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 PREQUALIFIED BIDDER

Attest By

Signature of Secretary, Assistant Secretary Signature of President, Vice President, Assistant Vice President Select appropriate title Select appropriate title

Print or type Signer’s name Print or type Signer’s name

CORPORATE SEAL

BD-32

The prequalified bidder, declares (or certifies, verifies, or states) under penalty of perjury under the laws of the United States that neither he, nor any official, agent or employee 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 prequalified bidder has not been convicted of violating N.C.G.S. § 133-24 within the last three years, and that the prequalified bidder intends to do the work with its own bona fide employees or subcontractors and will not bid for the benefit of another contractor.

By submitting this non-collusion, debarment and gift ban certification, the prequalified bidder is attesting his 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 State Employee of any gift from anyone with a contract with the State, or from any person seeking to do business with the State. 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 Witness Signature of Partner

Print or type Signer’s name Print or type Signer’s name

BD-33

The prequalified bidder, declares (or certifies, verifies, or states) under penalty of perjury under the laws of the United States that neither he, nor any official, agent or employee 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 prequalified bidder has not been convicted of violating N.C.G.S. § 133-24 within the last three years, and that the prequalified bidder intends to do the work with its own bona fide employees or

By submitting this non-collusion, debarment and gift ban certification, the prequalified bidder is attesting his 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

N.C.G.S. § 133-32 and Executive Order 24 prohibit the offer to, or acceptance by, any State Employee of any gift from anyone with a contract with the State, or from any person seeking to do business with the State. 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 Witness Signature of Member, Manager, Authorized Agent

BD-34

The prequalified bidder, declares (or certifies, verifies, or states) under penalty of perjury under the laws of the United States that neither he, nor any official, agent or employee 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 prequalified bidder has not been convicted of violating N.C.G.S. § 133-24 within the last three years, and that the prequalified bidder intends to do the work with its own bona fide employees or subcontractors and will not bid for the benefit of another contractor.

By submitting this non-collusion, debarment and gift ban certification, the prequalified bidder is attesting his 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 State Employee of any gift from anyone with a contract with the State, or from any person seeking to do business with the State. 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 PREQUALIFIED BIDDER

Instructions: 2 Joint Venturers Fill in lines (1), (2) and (3) and execute. 3 Joint Venturers Fill in lines (1), (2), (3) and (4) and execute. On Line (1), 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.

(1) ____________________________________________________________________________________________________ Name of Joint Venture

(2) ____________________________________________________________________________________________________ Name of Contractor

(3) _______________________________________________________________________________________________________

(4) _______________________________________________________________________________________________________

BD-35

The prequalified bidder, declares (or certifies, verifies, or states) under penalty of perjury under the laws of the United States that neither he, nor any official, agent or employee 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 prequalified bidder has not been convicted of violating N.C.G.S. § 133-24 within the last three years, and that the prequalified bidder intends to do the work with its own bona fide employees or

By submitting this non-collusion, debarment and gift ban certification, the prequalified bidder is attesting his 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

N.C.G.S. § 133-32 and Executive Order 24 prohibit the offer to, or acceptance by, any State Employee of any gift from anyone with a contract with the State, or from any person seeking to do business with the State. 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.

Name of Prequalified Bidder _____________________________________________

Trading and doing business as _____________________________________________

Signature of Witness Signature of Prequalified Bidder, Individual

BD-36

NON-COLLUSION, DEBARMENT GIFT BAN CERTIFICATION

The prequalified bidder, declares (or certifies, verifies, or states) under penalty of perjury under the laws of the United States that neither he, nor any official, agent or employee 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 prequalified bidder has not been convicted of violating N.C.G.S. § 133-24 within the last three years, and that the prequalified bidder intends to do the work with its own bona fide employees or

By submitting this non-collusion, debarment and gift ban certification, the prequalified bidder is attesting his 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

N.C.G.S. § 133-32 and Executive Order 24 prohibit the offer to, or acceptance by, any State Employee of any gift from anyone with a contract with the State, or from any person seeking to do business with the State. 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.

Name of Prequalified Bidder ________________________________________________

Signature of Prequalified Bidder, Individually

Print or type Signer's Name

BD-37

DEBARMENT CERTIFICATION

Conditions for certification:

1. The prequalified bidder shall provide immediate written notice to the Department if at any time the bidder learns that his certification was erroneous when he submitted his debarment certification or explanation that is file with the Department, 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, as 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 Contract Officer of the Department.

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 NCDOT contracts, unless authorized by the Department.

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 Department, without subsequent modification, in all lower tier covered transactions.

5. 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 Department 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.

BD-38

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;

c. 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.

BD-39

Page 1 of 11 Revision date 12/03/25

STATE OF NORTH CAROLINA PURCHASE ORDER #

COUNTY OF WAKE ROAD WORK CONTRACT

THIS CONTRACT is entered into this the _____day of ______________, 2026, by and between, ________________________ a North Carolina _____________________ with its principal business offices located at _________________________________ (the “Contractor”), and the Town of Apex, a municipal corporation of the State of North Carolina, (the “Town”). Town and Contractor may collectively be referred to as “Parties” hereinafter.

WITNESSETH:

WHEREAS, Town is engaged in the planning, operation, and utilization of town streets, roads, sidewalks and related infrastructure which from time to time require construction, maintenance, reconfiguration, renovation, installation, evaluation, site work, landscaping, testing, and other related projects; and

WHEREAS, the professional services of contractors from time to time are needed by the Town for the services as described above; and

WHEREAS, Contractor provides services of the nature required by the Town and employs trained and experienced technical personnel possessing adequate knowledge, skills, and experience to provide such professional services to the Town; and

NOW THEREFORE, in consideration of the foregoing recitals, and the premises and mutual covenants herein contained, the receipt and adequacy of which is hereby acknowledged, the Parties, intending to be legally bound, hereto do contract and agree as follows:

1. SCOPE OF SERVICES.

The Contractor agrees to provide all…