Main Street Sidewalk Connector.pdf

FINAL 2026

PROJECT MANUAL

FOR

Main Street Sidewalk Connector

TOHS PROJECT NO. 22-007

TIP. No. BL-0052

Wednesday, September 2nd, 2026

MAYOR: MIKE KONDRATICK

TOWN CLERK: LINDA MCKINNEY

TOWN MANAGER: RANDY HARRINGTON

EXEC. DIR. - U & I SERVICES: KENDRA D PARRISH, P.E. CFM

ASST. DIR. - TRANSPORTATION : CARRIE MITCHELL PE,CFM, CPSEC

PROJECT MANAGER: MORGAN NELSON , P.E.

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Project No. 22-007 TIP. No. BL-0052 00150-1 Main Street Sidewalk Connector

Main Street Sidewalk Connector TOHS Project No. 22-007

TIP. No. BL-0052

TABLE OF CONTENTS

GENERAL REQUIREMENTS

Section 00150 TABLE OF CONTENTS 00150-1

Section 00200 INVITATION TO BID 00200-1

Section 00250 INSTRUCTIONS TO BIDDERS 00250-1 – 00250-4

Section 00300 PROPOSAL 00300-1 – 00300-21

Section 00500 AGREEMENT (CONTRACT) 00500-1 – 00500-17

Section 00510 ITEMIZED BID PROPOSAL 00510-1 – 00500-3

Section 00900 APPLICATIONS FOR PROGRESS PAYMENT 00900-1 – 00900-12

Section 00910 CERTIFICATE OF TOWN ATTORNEY 00910-1

TECHNICAL SPECIFICATIONS

Section 01000 DEFINITIONS, ABBREVIATIONS and REFERENCE

STANDARDS

01000-1 – 01000-6

01000-1 – 01000-6

Section 02000 SUBMITTALS 02000-1 – 02000-3

Section 03000 CLEARING AND GRUBBING 03000-1 – 03000-2

Section 04000 EARTHWORK 04000-1 – 04000-5

Section 06000 CAST-IN-PLACE CONCRETE 06000-1 – 06000-6

Section 09000 STORM DRAINAGE 09000-1 – 09000-4

Section 13000 UTILITY WORK ALONG HIGHWAYS 13000-1 – 13000-5

Section 16000 SOIL EROSION AND SEDIMENTATION CONTROL 16000-1 – 16000-13

Section 18000 PAVEMENT MARKINGS 18000-1

Section 20000 CONSTRUCTION TRAFFIC CONTROL 20000-1 – 20000-4

Section 21000 FIRE HYDRANT SPECIFICATIONS AND DETAILS 21000-1 – 21000-35

NCDOT STANDARD NOTES 1 – 2

ALLOWABLE CHANGES TO 2024 SPECS 3

GENERAL PROVISIONS G-1 THRU G-14

ROADWAY PROVISIONS R-1 THRU R-10

PROJECT SPECIAL PROVISIONS PSP-1 THRU PSP-11

STANDARD SPECIAL PROVISIONS SSP-1 THRU SSP-36

PERMITS ATTACHED

SIGNATURE SHEET ATTACHED

EXECUTION OF BID ATTACHED

LETTER OF INTENT TO PERFORM AS SUBCONTRACTOR ATTACHED

PROCEDURE FOR REPORTING SALES TAX ATTACHED

APPENDIX ATTACHED

TIP No. BL-0052 00200-1 Main Street Sidewalk Connector

INVITATION TO BID

TOWN OF HOLLY SPRINGS

Holly Springs, North Carolina

September 1, 2026

Sealed bids will be received by the Town of Holly Springs until Thursday, October 1, 2026 at

2:00 pm and thereafter immediately opened and read publicly in Council Chambers at 128 S. Main

Street, Holly Springs, NC 27540 for the Main Street Sidewalk Connector Town of Holly Springs

Project No. 22-007 NCDOT TIP No. BL-0052. The project is generally described as follows:

The Town of Holly Springs proposes to add approximately 1200’ of sidewalk along the east side of N. Main Street from Trellis Pointe Drive to Arbor Creek Drive in Holly Springs, NC. The project includes the removal of soil and rock from the existing roadside and installation of a roadside ditch and guardrail.

Plans, Specifications, and Contract documents can be viewed on the Town’s website at:

https://www.hollyspringsnc.gov/2456/Bids-Requests-for-Proposals. It is recommended bidders sign up for “Construction Bids” notifications at https://www.hollyspringsnc.gov/2456/Bids-Requests-for-

Proposals for further project notifications/addenda.

All project questions or requests for clarification should be submitted to the Project Manager, Morgan Nelson, PE, in writing via e-mail at Morgan.Nelson@hollyspringsnc.gov by September

17, 2026 at 5:00 pm.

All addenda, including answers to questions, will be posted under the associated solicitation on the

Town’s website at https://www.hollyspringsnc.gov/2456/Bids-Requests-for-Proposals on Thursday, September 24, 2026.

A mandatory Pre-Bid Conference will be held at 1:00PM-2:30PM September 14, 2026 in the

Luncie McNeil Jr. Multi-purpose Room at 425 Innovate Avenue, Holly Springs, NC 27540.

Award will be made to the lowest, responsive, responsible bidder unless all bids are rejected.

The Town of Holly Springs reserves the right to reject any or all bids.

Contractors offering a proposal on this project must be licensed to do the specified type of contracting in the State of North Carolina. The Use of any sub-contractor on this project must be approved by the Engineer. Any bidder that is currently in litigation with the town will be disqualified from bidding.

All bids shall include the entire contract document bound as it was presented for bid, with applicable bidding information filled out. Do not remove sections and resubmit. Each proposal shall be accompanied by a certified check or bid bond in the amount of not less than five percent (5%) of the amount of the total of the itemized bid in the form and subject to the conditions provided in the

Instruction to Bidders.

Kendra D. Parrish, PE

Executive Director

Utilities & Infrastructure https://www.hollyspringsnc.gov/2456/Bids-Requests-for-Proposals https://www.hollyspringsnc.gov/2456/Bids-Requests-for-Proposals https://www.hollyspringsnc.gov/2456/Bids-Requests-for-Proposals mailto:Morgan.Nelson@hollyspringsnc.gov https://www.hollyspringsnc.gov/2456/Bids-Requests-for-Proposals

TIP No. BL-0052 00250- 1 Main Street Sidewalk Connector

INSTRUCTIONS TO BIDDERS

Each proposal shall be submitted in a sealed envelope on the printed form, or exact copies thereof, contained in the Contract Documents. These proposals shall be plainly marked:

“BID ENCLOSED

Main Street Sidewalk Connector

Town of Holly Springs Project No. 22-007”

The envelope shall also be marked with the Bidder’s name, address, North Carolina contractor license number, and name and phone number of a contact person. All bids shall include the entire contract document bound as it was presented for bid, with applicable bidding information filled out. Do not remove section and resubmit.

The envelope shall show the date and time of the Bid Opening in order to guard against premature opening of the Bid.

Deliver bids to: Attn: Brettany DeVolld

Finance Department Front Desk Town of Holly Springs 128 South Main Street Holly Springs, NC 27540

Bids submitted by facsimile shall not be accepted.

The Owner may consider non-responsive any Bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any and all Bids.

Each proposal shall be accompanied by a Bid Bond payable to the Town of Holly Springs for an amount of not less than five percent (5%) of the total amount bid; or in lieu of the Bid Bond, the bidder may offer a certified check in an amount of not less than five percent (5%) of the total amount bid. The Bids and bidder's bond or checks of all bidders may be held for a period of ninety (90) days pending award of the contract. Notification of award of contract shall be evidence of intent to contract and shall extend time for holding the contractor's bid surety for a time mutually agreed between the Town of Holly Springs and the bidder.

Each proposal is required to have a page providing references to include the company name, address, phone number, e-mail and contact name and position and the type of work completed.

TIP No. BL-0052 00250- 2 Main Street Sidewalk Connector

Withdrawal of bid: A formal bid can be withdrawn without penalty (meaning the bid deposit is not forfeited) at any time before the bid opening. However, after the bids have been opened, a bidder can withdraw his bid without penalty only if the bid price was based on a substantial error or omission that was clerical (not a judgment error), and the bid was submitted in good faith. The bidder must submit a written request to withdraw the bid within 72 hours after the bid opening. The Town will review the request to withdraw and issue a written decision within 5 days. Any bidder who withdraws may not rebid on the project or provide materials, equipment, or labor to a contractor or subcontractor performing on the contract from which the bidder withdrew without the written permission of the Town; a violation of this prohibition is a Class 1 misdemeanor.

TIP No. BL-0052 00250- 3 Main Street Sidewalk Connector

AWARDING CONTRACT

“The Town of Holly Springs, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252) and the Regulations of the Department of Transportation (49 C.F.R., Part 21), issued pursuant to such act, hereby notifies all bidders that it will affirmatively insure that the contract entered into pursuant to this advertisement will be awarded to the lowest responsible bidder without discrimination on the grounds of race, creed, color, national origin, age, sex, disability, marital status, handicap, gender, gender identity or expression, retaliation, or sexual orientation.

Award will be made to the lowest responsible and responsive Bidder for each Contract as soon as practicable, provided that in the selection of equipment or materials, a Contract may be awarded to a responsible Bidder other than the lowest in the interest of standardization or if ultimate economy is clearly evident.

Evaluation of Bids

1. All spaces for lump sum and unit prices in the Bid Form shall be filled in with a number. Spaces left blank will be evaluated as zero ($0.00).

2. Discrepancies between the multiplication of units of Work and Unit Prices will be resolved in favor of the Unit Prices.

3. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

4. Discrepancies between words and figures will be resolved in favor of the words.

The award of the Contract, if it is awarded, will be to the lowest responsive, responsible bidder on the base bid whose qualifications indicate the award will be in the best interest of the Town of Holly Springs. The Town of Holly Springs reserves the right to waive technicalities and/or reject any or all bids.

The Owner will not consider any bid or award of Contract to any person, firm, or corporation who has defaulted in any obligation to the Owner or who, in the opinion of the Owner, failed to perform their work satisfactorily, either as to character or time.

Any bidder that is currently in litigation with the town will be disqualified from bidding.

A conditioned or qualified bid will not be accepted.

Requirements for the submittal information will vary based on the complexity and importance of the product to the project as a whole. Submittals should be prepared in a concise and straightforward manner. Submittals shall clearly identify variances from the specifications. Products that clearly do not meet the requirements of the specifications and plans should not be submitted.

TIP No. BL-0052 00250- 4 Main Street Sidewalk Connector

Unless noted, products shall be the manufacturer's standard offering, with standard options.

Incomplete submittals, or submittals received after the deadline, shall not be considered.

Submittals are to be delivered to the Engineer at the address indicated in the "Notice To Bidders". The Owner and Engineer shall review all submittals and issue an Addendum to all document holders no later than 7 days prior to the bid opening date, listing the approved products.

Pre-approval of materials or equipment does not, in any manner, preclude the manufacturer from meeting the full requirements of the specifications, including any performance guarantees required, unless specific exceptions are noted in the pre-approval.

No Post-Bid substitutions shall be permitted except as herein provided.

Pursuant to N.C.G.S. § 44A-26, construction or repair contracts require performance and payment bonds of 100% if the amount bid is $300,000 or more, or Pursuant to N.C.G.S. § 143-129(c). These bonds are submitted after the award is made to a contractor but before a contract is executed. A Performance Bond and a Payment Bond, each in the amount of one hundred percent (100%) of the contract price, with a corporate surety approved by the Town of Holly Springs, will be required for the faithful performance of the contract. Bidders shall provide certification that performance and payment bond sureties are licensed in North Carolina.

TIP No. BL-0052 00250- 5 Main Street Sidewalk Connector

Reference Sheet (To be filled out with each submittal package)

Company Name

Address Phone E-mail Contact person Name

Contact Person

Position

Type of Work

Completed

- END OF SECTION 00250 -

Project No. 22-007 00300-1 Main Street Sidewalk Connector

FINAL 2007

SECTION 00300

BID PROPOSAL (“Proposal”)

TO: THE TOWN OF HOLLY SPRINGS, NORTH CAROLINA (“Owner”)

FROM: “BIDDER”

ADDRESS

DATE OF BID , 20

The Bidder hereby signifies that it is his/her/its intention and purpose to enter into a formal Contract with the Town of HOLLY SPRINGS, North Carolina, to furnish all labor, materials, tools, equipment, apparatus, supplies, and the like required, and to do all the work necessary, for and because of the construction, erection, and/or installation of the proposed “Project”:

Main Street Sidewalk Connector, TIP Number BL-0052, TOHS Project Number 22-007 for the Town of HOLLY SPRINGS, North Carolina in accordance with the Contract Documents, including Addenda thereto.** There is deposited, herewith, a certified check in the amount of (must be dollar amount): ____________________________________________ Dollars ($_____________), or a Bid Bond, in the amount of five percent (5%) of the total aggregate amount of the Bid, made payable to the Owner, the same to be refunded to the Bidder under the conditions of and in accordance with the terms of this Proposal, which are as follows:

THAT: The Bidder has carefully examined the Plans and Specifications and all other Contract Documents and fully understands them.

THAT: The Bidder has carefully examined the site of the Project and is familiar with the conditions under which the work, or any part thereof, is to be performed and the conditions which must be fulfilled in furnishing and/or installing, erecting or constructing any or all items of the Project.

THAT: The Bidder shall provide all necessary tools, machinery, equipment, apparatus, and all other means necessary to do all the work and shall furnish all labor, materials and all else required to complete such Contract as may be entered into, in the manner prescribed in and in accordance with the terms of the Specifications and the Contract and in accordance with the true intent and meaning thereof, and in accordance with the Plans and/or Drawings and the requirements of the Consulting Engineers under them, in a first class manner.

[Terms continued on the following page.]

Project No. 22-007 00300-2 Main Street Sidewalk Connector

** Fill in appropriate Addenda number(s): Addendum # Dated Addendum # Dated Addendum # Dated Addendum # Dated Addendum # Dated Addendum # Dated

THAT: The rights of the Owner and the recommendations of the Consulting Engineers shall not be questioned in the Award of the Contract.

THAT: It is the intention of the Owner to let contracts on the basis of the Bids received in accordance with G.S. 143-129 and in such manner as the Owner may deem to be for the best interests of the Owner.

THAT: The Owner reserves the right to reject any or all proposals.

THAT: The work under each Section will be awarded under one Contract and that the Owner shall have the right to include such item or items as the Owner may deem to be in the best interests of the Owner.

THAT: On being awarded the Contract, the Bidder shall execute a Performance Bond and a Payment Bond, on the forms included herein, each equal to one hundred percent (100%) of the Awarded Contract Price (Contract Sum), as security for the faithful performance of the Contract.

THAT: The Bidder shall submit, in the blank spaces provided, all data, guarantees and other information called for.

THAT: The Bidder shall submit, herewith, drawings, or cuts and Specifications showing and describing in detail the equipment and/or apparatus which the undersigned proposes to furnish.

THAT: This Proposal shall be signed and submitted in the manner prescribed in the Instructions to Bidders.

THAT: Should this Proposal not be accepted by the Owner, the certified check, in the amount of (must be dollar amount): _____________________________________________________ Dollars ($_____________) or the five percent (5%) Bid Bond, as applicable, deposited herewith shall be returned to the Bidder.

THAT: Should this Proposal be accepted by the Owner and the Bidder fail or neglect to execute the Contract and furnish the required Bonds within fifteen (15) days after receiving notifications of the acceptance of the Proposal and/or receipt of the formal Contract and Bond forms, the certified check, in the amount of (must be dollar amount): ______________________________ Dollars ($__________________________), or the Bid Bond, deposited herewith shall be retained by the Owner as liquidated damages, it being understood that the Owner reserves the right to extend the time allowed for executing the Contract and/or furnishing the Bond in its sole discretion.

[Terms continued on the following page.]

Project No. 22-007 00300-3 Main Street Sidewalk Connector

THAT: The Bidder shall complete such Contract as may be entered into within the number of consecutive calendar days specified in the Contract from the date of the Notice to Proceed.

THAT: The Bidder proposes to enter into a Contract in accordance with this Proposal, the Plans and Specifications and the Contract Documents included herein, for the prices shown on the following pages.

THAT: The Bidder shall be required to submit a complete detailed itemized unit cost breakdown of the Bid Items on the Itemized Bid Proposal form along with a computed Lump Sum Bid Price amount with this proposal.

THAT: It is the intent of these Contract Documents to obtain a Contract based on Unit Prices with project awarded based upon the lowest qualified total bid based upon unit prices applied to the estimated quantities. Where a discrepancy exists between words and numbers in the Bid amount, the written words shall govern. Where a discrepancy exists between unit prices and mathematical computations in the Itemized Proposal, the unit prices and quantities in the Itemized Proposal shall govern.

THAT: The successful bidder shall have all proper Bidder licenses and privilege licenses required under North Carolina state laws governing their respective trade(s).

THAT: Notice to Proceed and project available shall occur within 60 days of award of contract by the Town Council.

Project No. 22-007 00300-4 Main Street Sidewalk Connector

BID PROPOSAL

GENERAL CONSTRUCTION

FOR THE

(the “Project”)

ITEMIZED PROPOSAL

The attached itemized list of work items and materials shall be made a part of this contract along with the completed price per unit of work item. The itemized bid proposal shall consist of the full completion of this list supplemented with any work item the contractor deems necessary to complete the project.

TOTAL “BID” PRICE for the construction of the Project complete as indicated by the Contract Documents (in words and figures):

__________________________________________________________________Dollars and __________________________Cents ($________________________)

Bidder_____________________________________ (Print)

NOTE: PROPOSAL SIGNATURE REQUIRED ON PAGE 00300-6. ALL PROPOSALS MUST

BE PROPERLY EXECUTED TO BE CONSIDERED A VALID BID.

Project No. 22-007 00300-5 Main Street Sidewalk Connector

FINAL 2007

CERTIFIED LIST OF EQUIPMENT/MATERIAL MANUFACTURERS

The Bidder, as part of the procedure for the submission of Bids on the Project, submits the following list of Equipment/Materials Manufacturers to be used in the performance of work to be done on said Project. The list of Manufacturers and all equipment/materials furnished shall be based on requirements of the Contract Documents. Changes to this list after the Bid opening shall only be as approved by the Owner upon request by the Bidder or as required by the Owner based upon review of Bidder’s submittals:

EQUIPMENT/MATERIALS MANUFACTURER

It is understood and agreed that, if awarded a Contract, the Bidder shall not make any additions, deletions or substitutions to this certified list without the consent of the Owner. Failure to identify a manufacturer for any or all of the items listed shall constitute an entry of one of the manufacturers listed in its respective technical specification.

Project No. 22-007 00300-6 Main Street Sidewalk Connector

CERTIFICATION AFFIDAVIT

THE ABOVE INFORMATION IS TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE

AND BELIEF. I FURTHER UNDERSTAND AND AGREE THAT, IF AWARDED A CONTRACT,

THIS CERTIFICATION SHALL BE ATTACHED THERETO AND BECOME A PART THEREOF.

[If Bidder is not an individual, enter entity name here]

By:

(Signature)

NAME OF SIGNER:

(Please Print or Type)

TITLE OF SIGNER:________________________________

DATE:

Project No. 22-007 00300-7 Main Street Sidewalk Connector

FINAL 2007

BID SECURITY:

Accompanying this Proposal is a (1)__________________________________ in the amount of (2)____________________________________________________________________ Dollars

NOTE: (1) Insert the words “bank draft,” “certified check,” “bid bond”, “cash”, or “cashiers check”, as the case may be.

(2) Amount must be equal to at least five percent (5%) of the total Bid.

BIDDER’S LICENSE:

The Bidder certifies that (he/she/it) is licensed as a Bidder under the specific North Carolina state law regulating his/her/its particular trade and that the number of the license under which he/she/it now operates is_________________________________________.

BIDDER’S CERTIFICATION AS TO ORGANIZATION AND AUTHORITY:

The Bidder certifies that the Affidavit of Organization and Authority, like the other documents attached hereto, form an integral part of the Proposal, and the Bidder acknowledges that the Owner will rely on the information provided therein in reviewing the Proposal and awarding a Contract.

LIQUIDATED DAMAGES:

The Bidder agrees, further, that the Owner may retain those amounts indicated in the Contract from the amount of compensation due the Bidder, under the terms of the Contract, for each and every day that the work remains incomplete and/or unsatisfactory beyond the completion date(s) specified in the Notice to Proceed. This amount is agreed upon as the proper measure of liquidated damages the Owner will sustain, per day, by the failure of the Bidder to complete the work within the stipulated time, and it is not to be construed in any sense as a penalty.

The Bidder shall not have or bring a claim against the Owner, or raise as a defense against the imposition of liquidated damages, other construction purportedly impeding Bidder’s progress or timely project completion.

Project No. 22-007 00300-8 Main Street Sidewalk Connector

(SIGNATURE PAGE)

Dated , 20 .

(SEAL)

Bidder—Legal Entity

By: (SEAL)

(SIGN HERE)

SEAL-if corporation

Printed Name

Address

Telephone No.

Subscribed and sworn to before me this day of , 20

Notary Public

My Commission Expires:

Project No. 22-007 00300-9 Main Street Sidewalk Connector

FINAL 2007

BID BOND

This is a Bid Bond that is subject to the provisions of Article 3 of Chapter 44A of the North Carolina General statutes.

This Bid Bond is executed on , 20 .

The name of the PRINCIPAL is (1)

(2)

The name of the SURETY is

The TOWN OF HOLLY SPRINGS, NORTH CAROLINA is the OWNER.

The amount of the Bond is

____________________________________________ (Dollars) ($ )

KNOW BY ALL MEN BY THESE PRESENTS, the Principal and Surety above named are hereby held and firmly bound unto the above named OWNER hereinafter called the OWNER in the penal sum of the amount stated above in lawful money of the United States, for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns.

The condition of the above obligation is such that whereas the Principal has submitted to the OWNER a certain Bid Proposal, attached hereto and hereby made a part hereof to enter into a Contract in writing, for the construction of:

Main Street Sidewalk Connector, TIP Number BL-0052, TOHS Project Number 22-007– Holly Springs, NC as described by a document entitled “Project Manual for Main Street

Sidewalk Connector, TIP Number BL-0052, TOHS Project Number 22-007” dated, Wednesday, September 2nd, 2026 by the Town of Holly Springs

NOW, THEREFORE

(a) If said Bid Proposal shall be rejected; or in the alternate,

(b) If said Bid Proposal shall be accepted and the Principal shall execute and deliver a Contract in the form of Contract attached hereto (properly completed in accordance with said Bid Proposal) and shall furnish a bond for his faithful performance of said Contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid Proposal, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

Project No. 22-007 00300-10 Main Street Sidewalk Connector

FINAL 2007

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its Bid Bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid Proposal; and said Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above.

ATTEST:

(Principal) Secretary Principal

BY: (3)

(Address)

Witness as to Principal

Surety

N. C. Resident Agent By:

(SEAL)

(4)

(Name)

(Phone Number)

Witness as to Surety

(1) Insert the correct name of Principal.

(2) Insert whether the Principal is a corporation, a partnership, a limited liability company or an individual.

(3) If Principal is a partnership, all partners should execute the Bid Bond. If Bidder is a limited liability company, all managers (or all members, if the company is member-managed) should execute the Bond.

Project No. 22-007 00300-11 Main Street Sidewalk Connector

(4) Provide contact name, address and phone number for bid bond surety.

POWER OF ATTORNEY

(Attach)

TIP No. BL-0052 00300-12 Main Street Sidewalk Connector

BIDDER’S CERTIFICATES

AFFIDAVIT OF ORGANIZATION AND AUTHORITY

SWORN STATEMENT

STATE OF _______________________________________)

COUNTY OF _______________________________________)

_________________________________________________________ being first duly sworn on oath deposes and says that the Bidder on the attached Bid Proposal is organized as indicated below and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them.

(Fill Out Applicable Paragraph)

CORPORATION:

The Bidder is a corporation organized and existing under the laws of the State of __________________________, it operates under the legal name of ____________________________________________________, and the full names of its officers are as follows:

President Secretary Treasurer Manager and it does have a corporate seal. The is/are authorized to sign construction proposals and contracts for the company by action of its Board of Directors taken , a certified copy of which is hereto attached. (Strike out this last phrase if not applicable.)

PARTNERSHIP:

The Bidder is a [limited/general] partnership consisting of individual/corporate partners as follows:

General Partners Limited Partners

The partnership does business under the name of :

LIMITED LIABILITY COMPANY:

The bidder is a [member-managed/manager-managed] limited liability company consisting of the following individual/corporate members/managers:

Managers Members

TIP No. BL-0052 00300-13 Main Street Sidewalk Connector

INDIVIDUAL:

The Bidder is an individual whose full name is:

and if operating under a trade name, said trade name is as follows:

The business address of the Bidder is:

Its phone number is:

The contact person for this Proposal is:

Bidder

Subscribed and sworn to before me this day of , 20 .

Notary Public County

TIP No. BL-0052 00300-14 Main Street Sidewalk Connector

EQUAL EMPLOYMENT OPPORTUNITY ADDENDUM

During the performance of the Contract the Bidder agrees as follows:

a. The Bidder shall not discriminate against any employee or applicant because of race, color, religion, sex, or national origin. The Bidder shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, religion, sex, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the nondiscrimination clause.

b. The Bidder shall, in all solicitations or advertisements for employees placed by or on behalf of the Bidder, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

c. The Bidder shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract understanding, a notice, to be provided, advising the labor union or worker’s representative of the Bidder’s commitments under the Equal Employment Opportunity Section of the Contract, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

d. In the event of the Bidder’s noncompliance with the nondiscrimination clauses of the

Contract or with any of such rules, regulations, or orders, the Contract may be canceled, terminated, or suspended in whole or in part and the Bidder may be declared ineligible for further OWNER contracts.

e. The Bidder will include the provisions of this Addendum in every subcontract or purchase order unless exempted by rules, regulations, or orders of the OWNER so that such provisions will be binding upon each Subcontractor or vendor.

TIP No. BL-0052 00300-15 Main Street Sidewalk Connector

(Use the following form for execution by a CORPORATION):

Corporate Name

BY:

(Assistant) Secretary (Vice) President

(CORPORATE SEAL)

(Use the following form for execution by a PARTNERSHIP):

(SEAL)

Partnership Name

BY: (SEAL)

General Partner

(Use the following form for execution by a LIMITED LIABILITY COMPANY):

(SEAL)

Company Name

BY: (SEAL)

Manager/Member

(Use the following form for execution by an INDIVIDUAL):

BY: (SEAL)

WITNESS:

TIP No. BL-0052 00300-16 Main Street Sidewalk Connector

AFFIDAVIT OF

STATEMENT OF NON-COLLUSIVE

State of ) ) ss.

County of ) _______________________________________________________being first duly sworn, deposes and says that:

(1) He/she is the

(Owner, Partner, Officer, Representative or Agent) of __________________________________________________, the BIDDER that has submitted the attached BID PROPOSAL;

(2) He is fully informed respecting the preparation and contents of the attached BID

PROPOSAL and of all pertinent circumstances respecting such BID PROPOSAL;

(3) Such BID PROPOSAL is genuine and is not a collusive or sham BID PROPOSAL;

(4) Neither the said BIDDER nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other BIDDER, firm, or person to submit a collusive or sham BID PROPOSAL in connection with the Contract for which the attached BID PROPOSAL has been submitted; or to refrain from bidding in connection with such Contract; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any BIDDER, firm, or person to fix the price or prices in the attached BID PROPOSAL or of any other BIDDER, or to fix any overhead, profit, or cost elements of the BID PROPOSAL price or the BID PROPOSAL price of any other BIDDER, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against The Town of HOLLY SPRINGS, or any person interested in the proposed Contract;

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

BIDDER

BY

ITS

(Title)

Subscribed and sworn to before me this day of , 20 .

My commission expires

END OF AFFIDAVIT

TIP No. BL-0052 00300-17 Main Street Sidewalk Connector

Town of Holly Springs

AFFIDAVIT A

AFFIDAVIT of Intent to Perform Contract with Own Workforce.

County of Wake

Affidavit of (Name of Bidder)

I hereby certify that it is our intent to perform a minimum of ____ % of the work required for the contract.

(Name of Project)

In making this certification, the Bidder states that the Bidder does not customarily subcontract substantial elements of work for this type project, and normally performs and has the capability to perform and will perform substantial elements of the work on this project with his/her own current work forces; and

The Bidder agrees to provide any additional information or documentation requested by the owner in support of the above statement.

The undersigned hereby certifies that he or she has read this certification and is authorized to bind the Bidder to the commitments herein contained.

Date: Name of Authorized Officer:

Signature:

Title:

State of North Carolina, County of _

Subscribed and sworn to before me this day of 20___

My commission expires

SEAL

TIP No. BL-0052 00300-18 Main Street Sidewalk Connector

NONDISCRIMINATION CLAUSE

It is specifically agreed as part of the consideration of the signing of this Bid Proposal, and the resulting execution of a Contract, that the parties hereto, their agents, officials, employees or servants shall not discriminate in any manner on the basis of age, handicap, race, color, creed, gender, religious affiliation, or national origin with reference to the subject matter of the Contract, no matter how remote.

This provision, being incorporated for the benefit of the Town of HOLLY SPRINGS and its residents, may be enforced as set out in the ordinances of the Town of HOLLY SPRINGS, enforcement of this provision shall be by action for specific performance, injunctive relief, or other remedy as by law provided.

This provision shall be binding on the successors and assigns of the parties hereto with reference to the subject matter of the Contract.

(Use the following form for signatures by a CORPORATION):

Corporate Name

BY:

(Assistant) Secretary (Vice) President

(Printed Name) (Printed Name)

(Corporate Seal)

(Use the following form for signatures by a PARTNERSHIP):

WITNESS Partnership Name

(Printed Name) General Partner

TIP No. BL-0052 00300-19 Main Street Sidewalk Connector

(Use the following form for signatures by a LIMITED LIABILITY COMPANY):

WITNESS Company Name

(Printed Name) Manager/Member

(Use the following form for signatures by an INDIVIDUAL):

(Printed Name)

WITNESS

(Printed Name)

TIP No. BL-0052 00300-20 Main Street Sidewalk Connector

NOTICE OF AWARD

TO: CONTRACTOR/BIDDER:

ADDRESS:

FROM:

OWNER: Town of HOLLY SPRINGS

Utilities & Infrastructure Services Department HOLLY SPRINGS, North Carolina

PROJECT:

You are hereby notified that the Owner has considered the Bid Proposal submitted by you for the above-described project in response to its Notice to Bidders dated .

It appears that it is to the best interest of said Owner to accept your Bid Proposal in the amount of:

Dollars ($ ). You are therefore hereby notified that your Bid Proposal has been accepted for

The Bidder is required by as a condition of its Award of the Contract to execute and deliver the formal Contract with the Owner and to furnish the required Bidder’s Performance and Payment

Bonds within fifteen (15) days from the date of the delivery of this Notice to you.

If you fail to execute said Contract and to furnish said Bonds within fifteen (15) days from the date of delivery of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner’s acceptance of your Bid Proposal as abandoned and to award the work covered by your Bid Proposal to another bidder, or to readvertise the work or otherwise dispose thereof as the Owner may see fit.

Dated this ___________day of ____________________________________, 20____.

Town of HOLLY SPRINGS, North Carolina

TIP No. BL-0052 00300-21 Main Street Sidewalk Connector

ACCEPTANCE OF NOTICE

Receipt of the above Notice of Award is hereby acknowledged this _________day of

_________________________________, 20_____.

Bidder

- END OF SECTION 00300 -

Project No. 22-007 00500-1 Main Street Sidewalk Connector TIP No. BL-0052

SECTION 00500

AGREEMENT (CONTRACT)

INSTRUCTIONS TO CONTRACTORS AND

REQUIREMENTS AS TO FORM FOR TOWN OF HOLLY SPRINGS, NC AGREEMENTS

DO NOT REMOVE FROM AGREEMENT

Please observe the following in executing the attached Agreement:

1. The Owner may contract with four types of legal entities.

(a) If the Agreement is with an individual, that individual should sign the Agreement exactly as his/her name is set out. If the Agreement is with an individually-owned business, the

Agreement should be with the individual owner, and not the named business.

(b) Execution on behalf of a corporation should be by the president or a vice president, attested by the corporate secretary, with the corporate seal affixed. An official other than president or vice president should attach documentation of his/her authority to execute and bind the corporation.

(c) If the Agreement is with a partnership, all general partners of the partnership should execute the Agreement unless an authorized partner is designated to execute, in which case documentation of such authorization should be attached.

(d) If the Agreement is with a limited liability company, all managers of the limited liability company should execute the Agreement. If the limited liability company is member-managed, all members should sign the Agreement. If only certain manager(s) or member(s) of the limited liability company are authorized to execute the Agreement, documentation of such authorization should be attached.

2. After signing the Agreement, the appropriate notary’s acknowledgement, in the individual, corporate or partnership form should be completed.

3. The Performance Bond and Payment Bond should be attached to the Agreement package. They should be signed by the Contractor, and its signature should be acknowledged with the appropriate acknowledgement form. Next, the Bonds, in approved form, must be signed by the authorized agent of the Surety Company issuing the Bonds, and an executed Power of Attorney document authorizing the agent to sign must accompany the Bond Documents.

4. The Agreement and Bonds should not be dated, except by the last person executing the Agreement, normally the Town Clerk.

5. The Bid Form and all other documents submitted with the Bid shall be included with the Agreement.

6. Bid Proposal: Complete the Acceptance of Notice section on the last page of this document.

7. Page 00500-3: Fill in the Contractor name and address.

Project No. 22-007 00500-2 Main Street Sidewalk Connector

8. Pages 00500-6 through 00500-9: Choose the appropriate signature page and complete it in its entirety.

9. Pages 00500-10 through 00500-15: Complete in their entirety.

10. Page 00500-17: Certificate of Insurance. The General Conditions of the Contract, as modified by the Supplementary Conditions and the Special Conditions, require the Certificate of Insurance to include the Indemnification Agreement on the reverse side of the Certificate. All parties required to be named as additional insured parties by the Contract Documents in connection with the attached

Agreement shall be named on the Certificate of Insurance for each policy.

11. Most Certificates of Insurance state under the cancellation clause that “the issuing company will endeavor to mail 30 days written notice to the ...” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the Company, its agents or representatives”. If your certificate states this, the words “endeavor to” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the Company, its agents or representatives” must be stricken in order to comply with the Contract Documents.

12. Four copies of the Agreement are sent to the Contractor. The original and duplicates should be signed and returned to the Engineer or Architect for signature by the Owner, after which one duplicate will be returned to the Contractor and one copy will be sent to the Contractor’s Bonding

Company(ies).

13. Failure to fully complete all four sets of the Agreement will cause delays in the approval by the

Owner and therefore delay the issuance of the Notice to Proceed.

Project No. 22-007 00500-3 Main Street Sidewalk Connector

AGREEMENT

This Agreement (the “Agreement”) is made this ___ day of________________, in the year 20___, by and between the Town of Holly Springs, North Carolina, (the “Owner”) and

________________________________ of ______________________________________________, (the

“Contractor”).

WITNESSETH

THAT, WHEREAS, an Award of Contract (the “Award”) for:

Main Street Sidewalk Connector, TIP Number BL-0052, TOHS Project Number 22-007

The Town of Holly Springs proposes to add approximately 1200’ of sidewalk along the east side of

N. Main Street from Trellis Pointe Drive to Arbor Creek Drive in Holly Springs, NC. The project includes the removal of soil and rock from the existing roadside and installation of a roadside ditch and guiderail.

as prepared by the Town of Holly Springs. (hereinafter called “Engineer’s Consultant”), has recently been awarded to the Contractor by the Owner.

AND WHEREAS, the work to be performed by the Contractor or its subcontractors, and the labor, materials, equipment, apparatus, and supplies to be provided in connection therewith (collectively, the

“Work”) is more particularly described in the Proposal (the “Proposal”) attached hereto.

AND WHEREAS, the aggregate cost of the Work (referred to as either the “Contract Price” or the

“Contract Sum”) and the individual prices and rates of the various components of the Work that together comprise the Contract Price, are more particularly described in the Proposal.

AND WHEREAS, it was one of the conditions of said Award that a formal contract should be executed by and between the Owner and the Contractor, evidencing the terms of said Award.

NOW THEREFORE, THIS AGREEMENT FURTHER WITNESSETH THAT the Owner and the

Contractor represent, warrant, covenant and agree as follows:

It is agreed and understood that the terms and conditions of the following documentation of are a part of and parcel to this Agreement to the same extent as if incorporated herein in full:

Project Manual for Project No. Main Street Sidewalk Connector, TIP Number BL-0052, TOHS Project Number 22-007; Standard General Conditions of the Construction Contract

(EJCDC Document No. 1910-8, 1996 edition), as amended, revised, and supplemented by the

Supplementary Conditions (the “Supplementary Conditions”) and the Special Conditions (the

“Special Conditions”) thereto (as so amended, revised and supplemented, the “General

Conditions”) or 2012 NCDOT Standard Specifications for Roads and Structures.

The Contractor hereby covenants and agrees with the Owner that it will, for a sum equal to the Contract

Price, well and faithfully perform, provide and execute the Work in accordance with each and every one of the conditions, covenants, stipulations, terms and provisions contained in the Notice to

Bidders/Invitation to Bid, the Instructions to Bidders, the Proposal, the Plans, the Specifications, the

Project No. 22-007 00500-4 Main Street Sidewalk Connector

General Conditions and the Contract Documents (as that term is defined in the General Conditions), all of which are a part of and parcel to this Agreement to the same extent as if incorporated herein in full.

And the Owner does hereby covenant and agree with the Contractor that it will pay to the Contractor, when due and payable under the terms of the Contract Documents and the Award, the Contract Price, and that it will well and faithfully comply with and perform each and every obligation imposed upon it by said Contract Documents and the terms of said Award.

The Contractor shall commence the Work on the commencement date specified in a written order of the

Owner (the “Notice to Proceed”). The Work shall be finally and fully completed in the manner and times described in Table 1 below, so that it is ready for final payment, as evidenced by the Engineer’s or the Architect’s written recommendation. In the event that the Work is not completed to the standards and degrees required by the Contract Times, or either of them, liquidated damages shall be assessed against the Contractor for each day of delay as described herein below.

LIQUIDATED DAMAGES

The parties recognize and acknowledge that Owner will suffer financial losses if the Work is not completed as required within the Contract Times. They also recognize and acknowledge that the damages caused by the contractor’s delays are difficult to ascertain and that the expense and difficulty to both parties in proving or contesting the amounts of those losses would be substantial. Instead of requiring proof of those amounts, it is agreed that Contractor shall be liable for and shall pay owner the following amounts under owner’s damages, and engineering charges, all as liquidated damages, and not as a penalty in the event the Work remains incomplete at the end of the contract time specified in the Notice to

Proceed.

The Contractor agrees further that the Owner may retain those amounts indicated below from the amount of Compensation due the Contractor for each day that the work remains incomplete beyond the completion date specified in the Notice to Proceed. Payment by the Owner to the Contractor in lieu of retainage does not constitute a waiver by the Owner. This amount is agreed upon as the proper measure of liquidated damages the Owner will sustain, per day, by the failure of the undersigned to complete the work within the stipulated time, and it is not to be construed, in any sense, as a penalty. The parties agree this is a reasonable amount.

No Contractor shall have a claim against the Owner as a result of a third party’s lack of progress or project completion.

The date of availability for this contract is upon written notice to proceed.

The completion date for this contract is 180 calendar days.

The liquidated damages for this contract are Six Hundred Dollars ($600) per calendar day.

Payment of the charges described herein shall not excuse or relieve the Contractor for any other liability under the Contract Documents for delay in the progress schedule of the Work, and all other penalties imposed on the Contractor and remedies available to the Owner under the Contract Documents shall remain in full force and effect.

Project No. 22-007 00500-5 Main Street Sidewalk Connector

IN WITNESS WHEREOF, said Contractor and Owner, being duly authorized, have caused these presents to be signed in their names as of the day and year first above written.

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

Name:

ATTEST: TOWN OF HOLLY SPRINGS,

a North Carolina municipality

By: By:

Name: Linda McKinney Name: Randy Harrington

Title: Town Clerk Title: Town Manager

CONTRACTOR:

Project No. 22-007 00500-6 Main Street Sidewalk Connector

STATE OF ___________________

COUNTY OF _________________

I, ____________________________________, a Notary Public of ______________ County, State of _______________________________, do hereby certify that ____________________________ personally appeared before me this day and acknowledged the due execution of the foregoing instrument.

Witness my hand and official seal, this the _____ day of _____________, 20__.

My Commission expires: __________________

[OFFICIAL SEAL]

IMPORTANT

NOTE: If Contractor is an individual, his/her signature shall be placed above. The signature of the

Contractor shall also be acknowledged before a Notary Public or other person authorized by law to execute such acknowledgment.

Project No. 22-007 00500-7 Main Street Sidewalk Connector

[OR: Contractor’s Signature, if a corporation] a _________________ corporation

__________________________________ By:_________________________________

_________ Secretary Name: ______________________________

(SEAL) Title: __________ President

STATE OF _________________

COUNTY OF _______________

I, ________________________________, a Notary Public of ____________ County, State of

___________________________________, do hereby certify that ____________________ personally came before me this day and acknowledged that he/she is ___________ Secretary of

______________________, a _______________________ corporation, and that, by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its

______________________ President, sealed with its corporate seal, and attested by himself/herself as its

______________ Secretary.

Witness my hand and official seal, this the _____ day of __________________, 20__.

NOTE: If the Contractor is a Corporation, the legal name of the Corporation shall be set forth above, together with the signature of the officer or officers authorized to sign Contracts on behalf of the

Corporation. If the signature is by an agent other than an authorized officer of the Corporation, a

Resolution must be attached hereto. The signature of the Contractor shall also be acknowledged before a

Notary Public or other person authorized by law to execute such acknowledgment.

TIP No. BL-0052 00500-8 N.