International Drive Sidewalk Gap Project.pdf

TOWN OF

MORRISVILLE

International Drive Sidewalk Gap Improvements

Ad: August 5, 2026

Pre-bid: August 12, 2026, at 11:00 A.M.

Bid Opening: August 26, at 2:00 P.M.

Ted Kallam, PE

Docusign Envelope ID: 683854D2-4D65-87EB-83D2-43D9CFFD5610

8/4/2026

INSTRUCTIONS TO BIDDERS

PLEASE READ ALL INSTRUCTIONS CAREFULLY BEFORE PREPARING AND

SUBMITTING YOUR BID.

All bids shall be prepared and submitted in accordance with the following requirements.

Failure to comply with any requirement shall cause the bid to be considered irregular and shall be grounds for rejection of the bid.

1. INTERPRETATIONS -All questions about the meaning or intent of the Contract Documents shall be submitted to TOWN OF MORRISVILLE in writing by prospective Bidders who have obtained Contract Documents from the Town. Interpretations or clarifications considered necessary by Town/Engineer in response to such questions will be issued by Addenda delivered to parties recorded by Town as having received the Bidding Documents. Questions received less than five (5) working days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Each bidder shall ascertain prior to submitting his Bid that he has received all Addenda issued, and he shall acknowledge their receipt with his Bid.

2. The bid form furnished by TOWN OF MORRISVILLE with the proposal shall be used and shall not be altered in any manner. DO NOT SEPARATE THE BID FORM FROM THE

PROPOSAL!

3. All entries on the bid form, including signatures, shall be written in ink. Computer bid preparation in accordance with Section 102-8 (B) will not be allowed.

4. The Bidder shall submit a unit price for every item on the bid form. The unit prices for the various contract items shall be written in figures. ***Unit prices must be limited to TWO decimal places.***

5. An amount bid shall be entered on the bid form for every item. The amount bid for each item shall be determined by multiplying each unit bid by the quantity for that item and shall be written in figures in the "Amount Bid" column of the form.

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

7. Changes in any entry shall be made by marking through the entry in ink and making the correct entry adjacent thereto in ink. A representative of the Bidder shall initial the change in ink. Do not use “White Out” or similar product to make corrections.

8. The bid shall be properly executed. All bids shall show the following information:

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

b. Name of individual or representative submitting bid and position or title.

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

d. Federal Identification Number

e. Contractor's License Number (if available)

9. Bids submitted by corporations shall bear the seal of the corporation.

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

11. 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.

12. THE PROPOSAL WITH THE BID FORM STILL ATTACHED SHALL BE PLACED IN

A SEALED ENVELOPE AND SHALL HAVE BEEN DELIVERED TO AND RECEIVED

IN THE (TOWN OF MORRISVILLE), BY (2:00 P.M.) ON, (AUGUST 26, 2026).

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

“QUOTATION FOR – “INTERNATIONAL DRIVE SIDEWALK GAP PROJECT” TO BE

OPENED AT 2:00 P.M. ON AUGUST 26, 2026.”

14. If mailed, the sealed envelope shall be placed in another sealed envelope and the outer envelope shall be addressed as follows:

TOWN OF MORRISVILLE

Attn: Ms. Karen Bass

Purchasing Contracts Manager

100 Town Hall Drive

Morrisville, NC 27560

CONTENTS

INSTRUCTIONS TO BIDDERS

CONTENTS

INVITATION TO BID

PROJECT SPECIAL PROVISIONS GENERAL

WATER SUPPLY:

PUBLIC CONVENIENCE AND SAFETY

TESTS OF SAMPLES OF MATERIALS:

CHARGES FOR PLANS AND SPECIFICATIONS:

SALES TAX RECORDS

CONSTRUCTION STAKING:

CUSTOMER SERVICE ISSUES

CONTRACTOR STAGING AREAS:

NC ONE CALL:

INTERMEDIATE CONTRACT TIME NUMBER 1 AND LIQUIDATED DAMAGES:

NO MAJOR CONTRACT ITEMS:

NO SPECIALTY ITEMS:

SUBSURFACE INFORMATION

CLEARING AND GRUBBING - METHOD II

HIGH STRENGTH CONCRETE FOR DRIVEWAYS

MINIMUM CLEARANCE REQUIREMENTS FOR SIDEWALKS:

CURB AND GUTTER AT ACCESS RAMPS TO MEET CURRENT ADA REQUIREMENTS

FABRIC INLET PROTECTION DEVICE TYPE I

RELOCATE MAILBOXES:

STREET SIGNS, MARKERS, AND PROPERTY SIGNS:

CONCRETE CURB RAMP – DETECTABLE WARNING SURFACE COLOR AND PADS:

LUMP SUM PAYMENT FOR TRAFFIC CONTROL

RETAINAGE

PROPOSAL

BID PROPOSAL FORM

CONSTRUCTION CONTRACT

INVITATION TO BID

International Drive Sidewalk Gap Project

TOWN OF MORRISVILLE, NC

Sealed bids will be received by the Town of Morrisville, in the Town Council Chambers, located at 100 Town Hall Drive, Morrisville, NC 27560. Bids are due up to 2:00 P.M. EST, August 26, 2026, for the above-listed contract as shown in the plans and described in the Special Conditions.

Each bid must be made on the blank forms provided in the bound copies of "CONTRACT AND

SPECIFICATIONS” and must be enclosed in a sealed envelope and addressed to Town of

Morrisville, Purchasing and Contracts Manager, attention Karen Bass, 100 Town Hall Drive, Morrisville, NC. Using the Multi-Envelope System:

• Envelope A – This is marked "BID BOND"

• Envelope B (Price Proposal): Contains the actual bid prices.

• Outer Envelope: Both envelopes are placed inside a larger, sealed, and clearly labeled envelope (Project Name, Contractor Name, Address and License Number, Bid Date)

No proposal shall be considered or accepted by the Town Council unless at the time of its filing the same shall be accompanied by a deposit with the Town of Morrisville of a certified check on some bank or trust company insured by the Federal Deposit Insurance Corporation, in an amount equal to not less than five per cent (5%) of the proposal. In lieu of making the deposit as above provided, such bidder may file a bid bond executed by a corporate surety licensed under the laws of North Carolina to execute such bonds; conditioned that the surety will upon demand forthwith make payment to the Town of Morrisville upon said bond if the bidder fails to execute the contract in accordance with the bid bond. This deposit shall be retained if the successful bidder fails to execute the contract within ten days after award or fails to give satisfactory surety as required herein.

The Town reserves the right to waive any informality or to reject any or all bids or to award such contract as in its judgment is deemed to the best interest of the Town.

A non-mandatory pre-bid meeting will be held at 11:00 A.M. EST, Tuesday, August 12, 2026:

• Onsite at 125 International Drive, Morrisville NC.

Town of Morrisville, and Consultant, personnel will be available to discuss the Contract.

PROJECT SPECIAL PROVISIONS GENERAL

This contract is for the construction of 2810 Square Yards (SY) of new concrete sidewalk along

International Drive from Aviation Parkway to Dead End in Morrisville, Wake County, North Carolina.

The work shall include, but not be limited to, grading, sidewalk, driveway connections, curb ramps, adjustment of manholes, meter/valve boxes, fire hydrants, erosion control, and traffic control. All work shall include labor, materials, supervision, and equipment.

The quantities shown in the itemized proposal for the project are approximate only and are given as the basis for comparison of bids. The Town of Morrisville may increase or decrease the quantity of any item or portion of the work as may be deemed necessary or expedient. An increase or decrease in the quantity of any item will not be regarded as sufficient ground for an increase or decrease in the unit prices, nor in the time allowed for the completion of the work, except as provided for in the contract.

All work and materials shall be in accordance with the provisions of the General Guidelines of this contract, the Project Special Provisions, the most current version of the North Carolina

Department of Transportation Standard Specifications for Roads and Structures, the North

Carolina Department of Transportation Roadway Standards Drawings, and the current edition of the Manual of Uniform Traffic Control Devices (MUTCD).

WATER SUPPLY:

[TOWN OF MORRISVILLE, Special Provision: 1/20/26]

Where water from the Town of Cary water mains is available along the line of work, the Contractor will have to procure a meter for use, and pay the usage fee as needed, at the nearest available public hydrant or outlet, and no other water shall be used for any purpose connected with the contract, except by permission of the Engineer. The Contractor will be required to provide approved, standard, tight hose and fittings (including an appropriately sized double check backflow prevention (BFP) device) with which to make connections to hydrants and outlets. No improper, wasteful or undue use of water will be permitted. If such improper use is observed, the Contractor will be required to remedy the situation immediately.

Note: Repeat violations, in the proper connection or use of Town water, will result in the

Contractor forfeiting their access to and use of Town water.

The Contractor shall furnish at his expense a standard hydrant wrench for use on hydrants and no other wrench shall be used. He shall conform to all the rules of the Town of Cary in connection with the use of water, hydrants, pipes and appurtenant items.

Where Town of Cary water is not available the Contractor shall, at his own expense and cost, provide such quantities of clean water, as he may be required for any and all purposes under the

Contract. He shall supply sufficient drinking water to all his employees, but only from such sources as are approved by the Engineer. No other water shall be used for drinking purposes. The

Contractor must not obtain any water where it is measured by private meter, except at his own expense, and with the consent of the owner. He must secure a permit from the Town of Cary for private meter service, and he must notify the Town of Cary on discontinuation of the service.

The contractor shall notify the assigned Construction Inspector on the project before obtaining any water from Town of Cary property to allow for proper communication to Town of Cary dispatch personnel.

PUBLIC CONVENIENCE AND SAFETY:

[TOWN OF MORRISVILLE Special Provision: 1/20/26]

The Contractor at all times shall conduct the work in such a manner as to insure the least obstruction practicable. The convenience of the general public and of the residents along and adjacent to the work shall be provided for in an adequate and satisfactory manner. Fire hydrants on or adjacent to the work shall be kept accessible to fire apparatus at all times, and no material or obstruction shall be placed within fifteen (15) feet of any such hydrant. Footways and portions of highways adjoining the work under construction shall not be obstructed more than is absolutely necessary. All gutters and sewer inlets shall be kept unobstructed at all times. Work closed down for the winter and at all other times shall be left entirely accessible at all points to fire apparatus.

TESTS OF SAMPLES OF MATERIALS:

All tests of materials shall be made by a recognized and approved testing Laboratory designated by the Consultant Engineering Inspections (CEI) representative. The expense of such tests shall be borne by the Contractor. The Contractor shall coordinate with the Town or its assigned designee to provide access to and make available all materials necessary to be tested, as may be designated by the Engineer, in the presence of the Engineer, unless otherwise provided in the “Special

Provisions.” The Engineer may also require field test or tests on materials at the place of manufacture, by representatives of the Testing Laboratory which shall also be at the Contractor’s expense.

Note: The samples are to be transported by CEI personnel to the testing facility.

CHARGES FOR PLANS AND SPECIFICATIONS:

“Complete digital bidding documents are available at http://withersravenel.com/bid/ or www.questcdn.com. You may download the digital documents for $30.00 by inputting Quest project #10032789 on the website’s search page. Please contact QuestCDN.com at 952-233-1632 or info@questcdn.com for assistance in membership registration, downloading, and working with this digital project information.”

SALES TAX RECORDS:

For all materials incorporated into the work under this contract, with each of the Town’s invoices, the Contractor will furnish the Town an itemized Sales Tax Report showing invoice number, date, the person or firm the invoice is from, the cost of materials, the amount of NC State Sales and Use tax and the amount of local Option Sales and Use tax and identify the County where the purchase was made and submit this list each month for the materials used during the preceding month. The Contractor will certify that the amount of sales tax shown has been remitted to the NC Department of Revenue.

CONSTRUCTION STAKING:

The Engineer will provide data related to lines and grades for the work as he deems necessary, and will furnish the Contractor with all necessary information relating to control points for lines and grades. These stakes shall constitute the field control by and in accordance with which the

Contractor shall establish the necessary controls and perform the work. The Contractor shall be held responsible for the preservation of all construction stakes.

Note: The Contractor is to provide construction staking for the project.

CUSTOMER SERVICE ISSUES:

The Contractor shall respond to all persons registering construction related concerns or complaints within 24 hours of receipt and resolve the concern within a reasonable timeframe. The contractor shall be responsible for tracking all customer service issues including all property damage claims and will update the Construction Engineering Inspections (CEI) Supervisor by the first day of each month.

This item includes, but is not limited to: drainage issues, backfill materials, clean-up, driveway and access issues, flooding, erosion control devices, mailbox resets, fence resets, seeding and mulching, landscaping, and all administrative costs associated with the tracking process.

The Contractor shall provide appropriate advance notification (minimum 24 hours) to the affected property owner/occupant of any service reductions i.e. driveway, parking, street or lane closures, the disruption of any type of communications cable, gas, water and/or sewer services.

There is no direct payment for “Customer Service Issues” as such work is considered incidental to the contract. The timely resolution of Customer Service Issues and the maintenance and monthly submittal of the “CONTRACTOR COMPLAINT LOG and TRACKING SHEET” shall be considered equivalent to damage and injury as described in section 107-11. The Town will review the Contractor’s compliance with this special provision to determine their eligibility to bid on future contracts.

CONTRACTOR STAGING AREAS:

The Contractor is responsible for selecting an appropriate site as a staging area for storage of materials and equipment during construction. This site will become the responsibility of the

Contractor to:

• Obtain required permits from the appropriate agencies.

• Provide documentation that he will be financially responsible for this site.

• Pay all required permit fees and costs associated with maintaining compliance.

• Furnish documentation of this approval prior to using the site for Town related projects.

• Maintain all required erosion measures until the site is stabilized.

The contractor shall supply the Engineer with a written agreement between the contractor and the private property owner stating use of the site, and all conditions for restoration of the site after the work is completed. The Town will not be involved in any negotiations between the Contractor and private individuals over staging areas. The contractor will restore the area to the owner’s satisfaction once the project is complete.

The Contractor may be allowed to use Town owned parcels of property for staging areas with the approval of the Engineer, and the contractor abides by all previous conditions.

NC ONE CALL:

It shall be the responsibility of the Contractor to have all underground utilities located prior to beginning any excavation operations. The North Carolina One-Call Center can be reached at 1-

800-632-4949.

INTERMEDIATE CONTRACT TIME NUMBER 1 AND LIQUIDATED DAMAGES:

[TOWN OF MORRISVILLE Special Provision: 1/20/26]

The Contractor shall complete the required work of installing, maintaining, and removing the traffic control devices for lane closures and restoring traffic to the existing traffic pattern. The

Contractor shall not close or narrow a lane of traffic on International Drive during the following time restrictions:

DAY AND TIME RESTRICTIONS

Monday – Friday: 7am to 9am

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

HOLIDAY AND HOLIDAY WEEKEND LANE CLOSURE RESTRICTIONS

1. For unexpected occurrence that creates unusually high traffic volumes, as directed by the

Engineer.

2. For New Year's Day, between the hours of 6am December 31st and 9am January 2nd. If

New Year's Day is on a Friday, Saturday, Sunday or Monday, then until 9pm the following

Tuesday.

3. For MLK Day, between the hours of 4pm Friday to 9am Tuesday.

4. For Easter, between the hours of 6am Thursday and 9pm Monday.

5. For Memorial Day, between the hours of 6am Friday and 9pm Tuesday.

6. For Juneteenth, between the hours of 6am Friday and 9pm Monday.

7. For Independence Day, between the hours of 6am the day before Independence Day and

9pm the day after Independence Day.

If Independence Day is on a Friday, Saturday, Sunday or Monday, then between the hours of 6am the Thursday before Independence Day and 9pm the Tuesday after Independence

Day.

8. For Labor Day, between the hours of 6am Friday and 9pm Tuesday.

9. For Veteran’s Day, between the hours of 4pm Friday and 9am Tuesday.

10. For Thanksgiving Day, between the hours of 6am Tuesday and 9pm Monday.

11. For Christmas, between the hours of 6am the Friday before the week of Christmas Day and

9pm the following Tuesday after the week of Christmas Day.

12. For Saturday Work and Sunday Work, between the hours of 4pm the Friday of the week and 9am the following Monday after the weekend. Refer to Contract Time and Liquidated

Damages below for more Saturday and Sunday information.

The Contractor shall not be allowed to block driveways or close any of the existing vehicular traffic lanes or impede traffic in any way from 7am to 9am.

Holidays and holiday weekends shall include New Year's, MLK Day, Easter, Memorial Day, Juneteenth, Independence Day, Labor Day, Veterans Day, Thanksgiving, and Christmas. The

Contractor shall schedule his work so that lane closures will not be required during these periods, unless otherwise directed by the Engineer.

The time of availability for this intermediate contract work shall be the time the Contractor begins to install all traffic control devices for lane closures according to the time restrictions listed herein.

The completion time for this intermediate contract work shall be the time the Contractor is required to complete the removal of all traffic control devices for lane closures according to the time restrictions stated above and place traffic in the existing traffic pattern.

The liquidated damages are One Thousand Dollars ($1,000.00) per hour.

CONTRACT TIME AND LIQUIDATED DAMAGES:

(4-17-12)(Rev. 5-16-23) 108 SP1 G08 C

The date of availability for this contract is date of Notice to Proceed.

The completion date for this contract is 120 calendar days from the Notice to Proceed.

Except where otherwise provided by the contract, observation periods required by the contract will not be a part of the work to be completed by the completion date and/or intermediate contract times stated in the contract. The acceptable completion of the observation periods that extend beyond the final completion date shall be a part of the work covered by the performance and payment bonds.

The liquidated damages for this contract are Five Hundred Dollars ($500.00) per calendar day. These liquidated damages will not be cumulative with any liquidated damages which may become chargeable under

Intermediate Contract Time Number 1.

SATURDAY SCHEDULE:

[Town of Morrisville Special Provision: 7/29/26]

The Town requires a minimum of 48-hour written notice if desiring to perform work that requires inspection on

Saturdays. The Town has the right to disallow the request.

SUNDAY SCHEDULE:

[Town of Morrisville Special Provision: 7/29/26]

The Contractor may perform incidental items of construction which requires no inspection. No major operations requiring daily inspection may be performed on Sunday unless requested for and approved by the Engineer.

NO MAJOR CONTRACT ITEMS:

(2-19-02) (Rev. 8-21-07) 104 SP1 G31

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

NO SPECIALTY ITEMS:

(7-1-95) 108-6 SP1 G34

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

Standard Specifications).

SUBSURFACE INFORMATION:

(TOWN OF MORRISVILLE, SPECIAL PROVISION (1/20/26)

Subsurface information is not available on the roadway portion of this project.

PROJECT SPECIAL PROVISIONS

CLEARING AND GRUBBING - METHOD II:

(9-17-02) (Rev. 3-19-24) 200 SP2 R02A

Perform clearing on this project to the limits established by Method - II shown on Standard

Drawing No. 200.02 of the Roadway Standard Drawings. Conventional clearing methods may be used except where permit drawings or conditions have been included in the proposal which require certain areas to be cleared by hand methods.

HIGH STRENGTH CONCRETE FOR DRIVEWAYS:

(11-21-00)(Rev. 1-16-24) 848 SP10 R02

Use high early strength concrete for all driveways shown in the plans and as directed by the

Engineer. Provide high early strength concrete that meets the requirements of Article 1000-6 of the Standard Specifications.

Measurement and payment will be in accordance with Section 848 of the Standard Specifications.

MINIMUM CLEARANCE REQUIREMENTS FOR SIDEWALKS:

[Town of MORRISVILLE Special Provision: 1/20/26]

According to the ADA Accessibility Guidelines, section r301.3.1, the minimum continuous and unobstructed width of a pedestrian access route shall be 4 LF; exclusive of the width of the curb.

CURB AND GUTTER AT ACCESS RAMPS TO MEET CURRENT

ADA REQUIREMENTS:

[TOWN OF MORRISVILLE Special Provision: 4/16/20]

All work shall be in accordance with Section 848 of the Standard Specifications and the following:

Contractor shall grind existing curb and gutter, and sidewalks, at access ramps to meet ADA requirements. This shall include any removal of curb and gutter sections to tie in the curb ramps.

The Contractor shall repair asphalt pavements damaged during curb and gutter removal.

No additional payment will be made as this work is incidental to the work of curb cut installations.

FABRIC INLET PROTECTION DEVICE TYPE I:

The Contractor shall install the Fabric Inlet Protection Device Type I at locations as shown on the construction plans and in accordance with Division 16 of the 2024 NCDOT Standard

Specifications. This item is to include all equipment, labor, and materials for completion of the work.

Payment will be made under:

Fabric Inlet Protection Device Type I………………………………………………………EA

RELOCATE MAILBOXES:

(Town of Morrisville Special Provision:

1/20/2026)

Description

Perform removal, temporary placement and reinstallation of mailboxes that are in conflict with the construction. Temporary placement and reinstallation of mailboxes shall comply with

United States Postal Service delivery requirements for the area. Mailboxes and/or supports that are damaged during the project shall be replaced with a like or comparable item.

Measurement and Payment

Relocating Mailboxes will be measured as the number of mailboxes satisfactorily reinstalled.

Payment will be based on the unit price bid and will include all costs for labor, materials and incidentals. No additional compensation will be made for more than one temporary placement.

Pay Item Pay Unit

Relocate Mailboxes Each

STREET SIGNS, MARKERS, AND PROPERTY SIGNS:

The Contractor shall remove street signs, markers, and property signs within the public area which may interfere with the construction of this project. The Contractor shall stockpile the signs, markers, and property signs at locations directed by the Engineer.

Note: if street signs, markers, and property signs are to be reused, they are to be stockpiled in a way that keeps them from being damaged. The contractor will be tasked with keeping them safe from vandalism or theft.

No direct payment will be made for removing and stockpiling street signs, markers, and property signs as such work will be considered incidental to other work being paid for by the various items in the contract. Reinstalling of any street signs, markers, and property signs will be completed by the Contractor at no additional cost or as directed by the Engineer.

CONCRETE CURB RAMP – DETECTABLE WARNING SURFACE COLOR AND PADS:

[Town of MORRISVILLE Special Provision: 6/29/26]

Detectable Warning Surface color should be black.

Detectable Warning Surface pads are to be removable to allow for maintenance.

LUMP SUM PAYMENT FOR TRAFFIC CONTROL:

(02/06/2013)

The Contractor shall maintain traffic during construction and provide, install, and maintain all traffic control devices in accordance with these project guidelines, the Project Special Provisions, the current edition of North Carolina Department of Transportation Standard Specifications for

Roads and Structures, the current edition of the North Carolina Department of Transportation

Roadway Standards Drawings, and the current edition of the Manual of Uniform Traffic Control

Devices (MUTCD).

The lump sum price bid for traffic control shall include but not be limited to providing the following: Signs (portable, stationary, or barricade), which includes detour signing, Truck

Mounted Attenuators (TMA), Changeable Message Signs (CMS), Flashing Arrow Boards (FAB), Pilot Vehicle, Flaggers, Cones, Skinny Drums and Drums and all labor, tools, equipment and incidentals necessary to furnish, install, maintain and remove traffic control devices when no longer required.

Basis of Payment: partial payment will be made on each payment estimate based on the following:

Fifty percent of the lump sum price bid will be paid on the first monthly estimate and the remaining fifty percent of the contract lump sum price bid will be paid on each subsequent estimate based on the percent of the project completed.

Pay Item Pay Unit

Temporary Traffic Control Lump Sum

RETAINAGE:

Progress Payments

Applications for Payments:

The Owner will retain 5% of any periodic payment due the Contractor.

(a) The Contractor may apply for a reduction in retainage once a minimum of 50% of the Work is complete. Upon a recommendation, in writing, from the Architect that the

Work is more than 50% complete and is proceeding satisfactorily, the Owner, with consent of the Surety, shall not retain any further retainage from periodic payments due

Contractor if the Contractor continues to perform satisfactorily. The Owner may continue to hold the amount retained up to the completion of 50% of the Work, provided that the amount Owner continues to retain shall be no more than 2.5% of the total project cost. If at any time, in the opinion of the Owner, the Work is not proceeding in a satisfactory manner, the Owner may elect to reinstate retainage for each subsequent periodic payment application up to the maximum amount of five percent

(5%). Following fifty percent (50%) completion of the project, the Owner may withhold additional retainage from subsequent periodic payments, not to exceed five percent (5%) to allow the Owner to retain two and one-half percent (2.5%) total retainage through the completion of the project.

(b) The Owner, with written consent of the surety, shall release to the Contractor all retainage on payments held by the Owner after the Owner has received a certificate of substantial completion from the architect, engineer or designer in charge of the project or the Owner has received beneficial occupancy or use of the project. Notwithstanding the foregoing, if, under (a) above, the Owner held retainage following 50% completion of the Work, the Owner shall continue to retain sufficient funds to secure completion of the project or the corrections on any Work, such retained funds not to exceed 2.5% of the estimated value of the Work to be completed or corrected.

PROPOSAL

INTERNATIONAL DRIVE

SIDEWALK GAP PROJECT

To the Town Council

Town of MORRISVILLE

Morrisville, North Carolina

Council Members:

The undersigned, having read the specifications, visited the site of the proposed work, examined the drawings, form of contract and bond, agrees to furnish all labor, equipment, and materials necessary for and to construct the improvements in the manner required; and pursuant to requirements, there is deposited herewith a certified check for the sum of dollars, or bid bond in the amount of percent of the amount bid payable to the Town of Morrisville, North Carolina, under conditions heretofore stated.

The undersigned proposed to enter into a contract in accordance with this proposal, the drawings and specifications, and on the contract forms attached for the prices shown on the following bid sheets, beginning on the next sheet of this proposal.

It is understood that all unit work quantities are approximate and subject to variation from those shown in this proposal.

INTERNATIONAL DRIVE SIDEWALK GAP PROJECT

BID PROPOSAL FORM

Line

Item

Paid

By

DOT

Sec

No.

Description Quantity Unit Unit

Price

Bid

Amount

1 T 800 MOBLIZATION (max 5% of the contract value) 1 LS

2 T 801 CONSTRUCTION SURVEYING 1 LS

3 T 226 GRADING 1 LS

4 T 848 4" CONCRETE SIDEWALK 2810 SY

5 T 848 CONCRETE CURB RAMPS 41 EA

6 T 848 RETROFIT EXISTING CONCRETE CURB

RAMPS

13 EA

7 T 858 ADJUSTMENT OF MANHOLES 6 EA

8 T 858 ADJUSTMENT OF METER BOXES OR VALVE

BOXES

13 EA

9 T 1515 REPLACE FIRE HYDRANT 4 EA

10 T 1515 REPLACE AND RELOCATE FIRE HYDRANT 5 EA

11 T 1605 TEMPORARY SILT FENCE 3000 LF

12 T SP FABRIC INLET PROTECTION DEVICE TYPE I 34 EA

13 T 1631 MATTING FOR EROSION CONTROL 1900 SY

14 T 1660 SEEDING AND MULCHING 1 AC

15 T SP RELOCATE MAILBOXES 6 EA

16 T SP TEMPORARY TRAFFIC CONTROL 1 LS

TOTAL AMOUNT BID FOR THE ENTIRE CONTRACT

Town of Morrisville Construction Contract

CONTRACT FOR: INTERNATIONAL DRIVE SIDEWALK GAP ROJECT (“Project”)

This Contract is made and entered into as of the [ ] day of [ ] 2026, by the Town of Morrisville (“Town”) and

[___________________________________] (“Contractor”), (X) a corporation, ( ) a professional corporation, ( ) a professional association, ( ) a limited partnership, ( ) a sole proprietorship, or ( ) a general partnership; organized and existing under the laws of the State of North Carolina.

Sec. 1. Work. Contractor agrees to procure and furnish the labor, materials, equipment, and services necessary to complete the construction of the Project in accordance with the Contract Documents (as defined below). In this contract, “Work” means all construction and other services required by the Contract Documents, including procuring and furnishing all materials, equipment, services and labor reasonably inferable from the

Contract Documents.

Sec. 2. Standards for Work. Contractor and its personnel will perform the Work and exercise best efforts to cause the Project to be completed in an efficient, professional, orderly, and economical manner in accordance with generally accepted industry standards and without violating applicable law or any term or condition set forth in this Agreement. Contractor understands time is of the essence in connection with the Project. All Work will conform to the plans and specifications and description of materials set forth in the Contract Documents, and to all applicable building codes.

Sec. 3. Contract Times. The Work will commence no later than ten (10) days after an executed original of this contract. Contractor agrees to achieve Substantial Completion (as defined herein) within one hundred and twenty (120) days after the commencement of the Work. Final Completion (as defined herein) will be achieved as expeditiously as reasonably practicable after Substantial Completion. As used herein: (a)

“Substantial Completion” means the date on which the Work is sufficiently complete in accordance with the

Contract Documents so that the Town can occupy and use the Work for its intended purposes; provided, however, that Substantial Completion will be deemed achieved no later than the date a temporary certificate of occupancy is obtained from the applicable governmental authority; and (b) “Final Completion” is the date on which all Work is complete in accordance with the Contract Documents, including but not limited to, any punch list work.

Sec. 4. Contract Price. The price to be paid by the Town to the Contractor for the Unit Price Construction provided in this contract is:

A Total Amount Bid for the Contract of $_____________________.

As used herein, “Cost of Work” mean the actual and documented costs necessarily incurred by the Contractor in the proper performance of the Work, including, without limitation: (i) labor costs, including wages of construction workers directly employed by Contractor to perform the construction of the Work; (ii) billing rates of Contractor’s supervisory and administrative personnel engaged in the performance of the Work as set forth in the Proposal; (iii) subcontractor costs, being payments made by Contractor to subcontractors in accordance with the written requirements of any subcontracts; (iv) costs of materials, supplies and equipment, including rental equipment, incorporated or used in the Work; (v) building permits, tap fees, facility and capacity depletion fees; and (vi) costs due to emergencies incurred and actions taken to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons and property.

Sec. 5. Payment Terms. By the 25 day of each month during performance of the Work, Contractor will submit to the Town’s project manager an application for progress payments based on the Work performed as of the date of such application. The Town’s project manager prior to submitting the application to the Finance

Department will verify the charges for quantities of work completed or services performed. If the

Contractor’s fee is a fixed amount, the amount of such fee to be included in the application will be proportional to the percentage of the Work completed, less payments previously made on account of such fee. For each progress payment made prior to Substantial Completion of the Work, the Town may withhold

(see SP above for percentage) retainage. Upon Substantial Completion, Contractor will submit to the Town’s project manager an application for final payment, which application will include an accounting of any retainage and any deposit balance. Each application will be accompanied by all documentation required by the Contract Documents or otherwise requested by the Town.

Sec. 6. Subcontractors. Those portions of the Work that Contractor does not customarily perform with Contractor’s own personnel will be performed under subcontracts. Contractor will be responsible for the management of the subcontractors in the performance of their portion of the Work. Contractor will promptly pay all bills for labor performed and materials provided by its subcontractors and by its suppliers in the construction of the improvements.

Sec. 7. Changes in the Work. The Town may request changes in the Work, provided any additions, deletions, alterations, or other modifications to the Work are generally within the scope of the Contract Documents.

Such changes will only be made pursuant to a written change order signed by the Town and Contractor stating their agreement on the change and any adjustments in the date of Substantial Completion and the price to be paid by the Town to Contractor for the Work. The Town reserves the right to refuse payment for any work outside that authorized herein or pursuant to a duly approved amendment or change order. Construction change directives to unit priced contracts will be paid at the unit price and non-unit priced contracts will be paid at the contractor’s cost plus the reasonable allowance for overhead and profit which shall be agreed to between the contractor and Town.

Sec. 8. Project Completion. Contractor will notify the Town when it believes Substantial Completion has been achieved. Within five (5) days of the Town’s receipt of such notice, the Town and Contractor will jointly inspect the Project to verify Substantial Completion and to specify on a punch list any items that have not been completed or which are defective. Contractor agrees to promptly complete or correct all items on the punch list and shall inform the Town when the punch list work is finished. Contractor understands that if

Substantial Completion is not attained by the date provided in Sec. 3, the Town will suffer damages which are difficult to ascertain and quantify. Contractor agrees that if Substantial Completion is not attained by ten

(10) days after the date provided in Sec. 3, Contractor will pay the Town $_500.00_ as liquidated damages for each day that Substantial Completion extends beyond such ten (10)-day period.

Sec. 9. Insurance; Bonds.

(a) Contractor shall maintain insurance policies at all times with minimum limits as follows:

Coverage Minimum Limits

Workers’ Compensation Statutory Limits

Employers’ Liability $500,000

General Liability $1,000,000 per occurrence ($2,000,000 aggregate)

Automobile Liability $1,000,000

Professional Liability (E & O) $1,000,000 per occurrence ($2,000,000 aggregate)

Builder’s Risk-All Risk Insurance Full cost of replacement at the time of loss

Upon acceptance of the contract by the Town the contractor shall provide the Town with a Certificate of Insurance for review prior to the issuance of any contract or Purchase Order. All Certificates of

Insurance will require thirty (30) days written notice by the insurer or contractor’s agent in the event of cancellation, reduction or other modifications of coverage. In addition to the notice requirement above, the Contractor shall provide the Town with immediate written notice of cancellation, reduction, or other modification of coverage of insurance. Upon failure of the Contractor to provide such notice, the

Contractor assumes sole responsibility for all losses incurred by the Town for which insurance would have provided coverage. The insurance certificate shall be for the initial contract period of one (1) year and shall be renewed by the contractor for each subsequent renewal period of the contract.

The Town shall be named as an additional insured under the general liability and automobile liability policies required hereunder and the statement should read “Town of Morrisville is to be added as an additional insured as evidenced by an endorsement attached to this certificate.” Builder risk insurance shall include the Town as a named insured. For any claims related to the Contract Documents, Contractor’s insurance coverage will be primary and non-contributory to any insurance maintained by the Town. Only “A” rated insurance companies will be acceptable to the Town. In the event the contractor fails to maintain and keep in force the insurance herein required, the Town reserves the right to cancel and terminate the contract without notice.

(b) Contractor will provide the following performance bond and/or payment bond or other performance security:

Performance Bond:

Payment Bond:

Bid Bond:

Sec. 10. Records. Contractor agrees to keep and maintain true, complete, and accurate books and records for the

Work, including originals of all invoices and all other financial records, notices, requests, communications, or documents that Contractor receives in connection with the Work. Upon the Town’s request at any time during the term of the contract and the twelve (12)-month period thereafter, Contractor promptly will make available to the Town all such books and records for examination. Contractor shall provide a Contractor

Sales Tax Report when applicable or requested.

Sec. 11. Warranty. Contractor warrants that: (a) the materials furnished under this contract will be new and of good quality; and (b) the Work will conform to the plans and specifications therefor and will be free from defects in material and workmanship for a period of twelve (12) months from Final Completion. In the event of a non-conformity or defect in breach of the foregoing warranty, Contractor will make all necessary repairs and corrections to the Work. Repairs and corrections performed under warranty are also warranted for an additional twelve (12)-month period from the date of repair. The foregoing warranty is not exclusive and all other warranties and conditions, whether written, oral, express, implied or statutory (including without limitation any warranty of merchantability and/or fitness for particular purpose) apply to the Work.

Manufacturer or vendor warranties or guarantees if any, on materials, fixtures, appliances, and components, to the extent assignable, are deemed assigned by Contractor to the Town. Contractor agrees to: (i) deliver to the Town all information and forms in its possession for such warranties or guarantees; (ii) take such steps as may be reasonably necessary to effectively pass through to the Town such warranties or guarantees.

Sec. 12. Performance of Work by Town. If the Contractor fails to perform the Work in accordance with the schedule referred to in Sec. 3 above, the Town may, in its discretion, in order to bring the project closer to schedule, perform or cause to be performed some or all of the Work, and doing so shall not waive any of the Town’s rights and remedies. Before doing so, the Town shall give the Contractor reasonable notice of its intention.

The Contractor shall reimburse the Town for all costs incurred by the Town in exercising its right to perform or cause to be performed some or all of the Work pursuant to this section.

Sec. 13. Termination.

(a) The Town may terminate this contract in whole or, from time to time, in part, for the Town’s convenience or because of failure of the Contractor to fulfill the Contract obligations. The Town shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall – (1) Immediately discontinue all services affected (unless the notice directs otherwise);

(b) If the termination is for the convenience of the Town, the Town shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services.

(c) If, after termination for failure to fulfill contract obligations, it is determined that the Contractor had not failed, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Town.

(d) The rights and remedies of the Town provided in this clause are in addition to any other rights and remedies provided by law or under this contract.

Sec. 14. Contract Documents. The “Contract Documents” are comprised of the following:

(a) This contract;

(b) [Instructions to Bidders]

(c) [Plans and Specifications]

(d) [Contractor’s Proposal/Scope of Work]; and

(e) Any written modifications, amendments, and change orders related to the above documents that are issued in accordance with the terms of this contract.

The Contract Documents constitute the entire agreement and understanding of the parties in respect of the subject matter hereof and supersede all prior understandings, agreements, or representations by or among the parties, written or oral, to the extent they relate in any way to the subject matter hereof. With respect to that subject matter, there are no promises, agreements, conditions, inducements, warranties, or understandings, written or oral, expressed or implied, between the parties, other than as set forth or referenced in this

Contract.

Sec. 15. Notice.

(a) All notices and other communications required or permitted by this contract shall be in writing and shall be given either by personal delivery, electronic delivery, fax, or certified United States mail, return receipt requested, addressed as follows:

To the Town: To the Contractor:

Karen Bass, Purchasing Contracts Manager Attn: [PROJECT MANAGER]

Town of Morrisville [COMPANY NAME]

100 Town Hall Dr. [STREET ADDRESS]

Morrisville, NC 27560 [CITY], [STATE] [ZIP]

Phone Number: (919) 463-6961 Phone Number: (XXX) XXX-XXXX

Email: kbass@morrisvillenc.gov Email: [XXXXX@XXXXXX]

(b) Change of Address, Date Notice Deemed Given: A change of address, fax number, or person to receive notice may be made by either party by notice given to the other party. Any notice or other communication under this contract shall be deemed given at the time of actual delivery, if it is personally delivered or sent by fax. If the notice or other communication is sent by US Mail, it shall be deemed given upon the third calendar day following the day on which such notice or other communication is deposited with the US Postal Service or upon actual delivery, whichever first occurs.

Sec. 16. Indemnification. To the maximum extent allowed by law, the Contractor shall defend, indemnify, and save harmless the Town of Morrisville, its agents, officers, and employees, from and against all Charges that arise in any manner from, in connection with, or out of: (a) this contract or the Work, to the extent proximately caused by the negligent acts, errors or omissions of the Contractor or subcontractors or anyone directly or indirectly employed by any of them; or (b) the failure of the Contractor, or those for whose acts it is responsible, to pay for any services, materials, labor, equipment, taxes or other items or obligations furnished or incurred for or in connection with the Work. In performing its duties under this section, the Contractor shall at its sole expense defend the Town of Morrisville, its agents, officers, and employees with legal counsel reasonably acceptable to the Town. As used in this subsection – “Charges” means claims, judgments, costs, damages, losses, demands, liabilities, duties, obligations, fines, penalties, royalties, settlements, expenses, interest, reasonable attorney’s fees, and amounts for alleged violations of North Carolina law or federal law, including but not limited to, sedimentation pollution, erosion control, pollution, or other environmental laws, regulations, ordinances, rules, or orders. Nothing in this section shall affect any warranties in favor of the

Town that are otherwise provided in or arise out of this contract. Nothing in this section shall require the

Contractor to defend the Town of Morrisville if the Contractor is a “design professional” as defined in

N.C.G.S. § 22B-1(f)(4), or if this Contract includes “design professional services” as defined in N.C.G.S. §

22B-1(f)(6). This section is in addition to and shall be construed separately from any other indemnification provisions that may be in this contract. This section shall remain in force despite termination of this contract

(whether by expiration of the term or otherwise) and termination of the services of the Contract under this contract.

Sec. 17. Miscellaneous.

(a) Choice of Law and Forum. This contract shall be deemed made in Wake County, North Carolina. This contract shall be governed by and construed in accordance with the laws of North Carolina. The exclusive forum and venue for all actions arising out of this contract shall be the appropriate division of the North Carolina General Court of Justice, in Wake County. Such actions shall neither be commenced in nor removed to federal court. This section shall not apply to subsequent actions to enforce a judgment entered in actions heard pursuant to this section.

(b) Waiver. No action or failure to act by the Town shall constitute a waiver of any of its rights or remedies that arise out this contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing.

(c) Performance of Government Functions: Nothing contained in this contract shall be deemed or construed so as to in any way stop, limit, or impair the Town from exercising or performing any regulatory, policing, legislative, governmental, or other powers or functions.

(d) Severability. If any provision of this contract shall be unenforceable, the remainder of this contract shall be enforceable to the extent permitted by law.

(e) Assignment, Successors and Assigns. Without the Town’s written consent, the Contractor shall not assign (which includes to delegate) any of its rights (including the right to payment) or duties that arise out this contract. Unless the Town otherwise agrees in writing, the Contractor and all assigns shall be subject to all of the Town’s defenses and shall be liable for all of the Contractor’s duties that arise out of this contract and all of the Town’s claims that arise out of this contract. Without granting the Contractor the right to assign, it is agreed that the duties of the Contractor that arise out of this contract shall be binding upon it and its heirs, personal representatives, successors, and assigns.

(f) Compliance with Law. In performing all of the Work or services contained herein, the Contractor and

Contractors Employees shall comply with all applicable laws and regulations of the State of North

Carolina pertaining to such…