Old Knight Road Sidewalk Improvement Project.pdf

INVITATION FOR BIDS

TOWN OF KNIGHTDALE

950 Steeple Square

Knightdale, NC 27545

(919) 217-2200

ADVERTISEMENT DATE: 09/18/2026

TITLE: Old Knight Road - Sidewalk Improvement Project

IFB#: 27-20260918

ISSUING DEPARTMENT: Development Services

All inquiries for information concerning instructions to the bidder, bid submission requirements, or procurement procedures shall be directed to:

Michelle Arnold, Assistant Finance Director

(984) 392-3064 michelle.arnold@knightdalenc.gov

All inquiries for information concerning scope of work or project specifications shall be directed to:

Tucker Fulle, Senior Transportation Planner

(984) 392-3087 Tucker.Fulle@knightdalenc.gov

This project will construct sidewalks and fill in gaps of the existing sidewalk network along Knightdale Boulevard (US 64 Business) and Old Knight Road totaling approximately 1,255 linear feet of sidewalk.

Sidewalk construction along Knightdale Boulevard (approximately 160 linear feet) will include pavement markings, signage, and sidewalk and is not expected to involve roadway or drainage improvements.

Sidewalk construction along Old Knight Road (approximately 1,095 linear feet) will include pavement markings, sidewalk, drainage improvements, minor roadway improvements, and curb and gutter. This project is a partnership between the Town of Knightdale and the Wake County Transit Tax District Community Funding Program. This project will not receive federal funding and will be bid to the Town of Knightdale standards.

Bids will be received by the Town of Knightdale at Town Hall until 1:00PM (EST Council Chambers Clock) on Tuesday, November 3, 2026. Only sealed, hard copy bids will be accepted.

A pre-bid meeting will not be held for this project. Submit all questions via email no later than 5:00PM on Friday, October 2, 2026. An addendum with questions and answers, if necessary, will be published on the Town’s website by 5:00PM on Tuesday, October 13, 2026.

TOWN OF KNIGHTDALE PROJECT # 27-20260918

mailto:michelle.arnold@knightdalenc.gov mailto:Tucker.Fulle@knightdalenc.gov

TOWN OF KNIGHTDALE PROJECT # 27-20260918

In compliance with this Invitation for Bids and to all the terms and conditions imposed herein, the undersigned offers and agrees to furnish the goods and service described in accordance with the attached signed bid.

Table of Contents

ADVERTISEMENT FOR BIDS

PROPOSAL FORM

PROPOSAL SIGNATURE PAGE

ADDITIONAL BIDDER'S CERTIFICATION

BID BOND FORM

INSTRUCTIONS TO CONTRACTORS

CONSTRUCTION CONTRACT FORM

PERFORMANCE BOND FOR CONTRACT

PAYMENT BOND FOR CONTRACT

PROCEDURE FOR REPORTING NORTH CAROLINA SALES TAX EXPENDITURES

AFFIDAVIT FOR FINAL PAYMENT

GENERAL CONDITIONS

ADVERTISEMENT FOR BIDS

Location: Knightdale, North Carolina

Project: Old Knight Road – Sidewalk Improvement Project # 27-20260918

Sealed bids will be received by the Town of Knightdale, NC for constructing approximately 1,255 linear feet of sidewalks filling in gaps in the existing sidewalk network along Knightdale Boulevard (US 64 Business) and Old Knight Road. Sidewalk construction along Knightdale Boulevard (approximately 160 linear feet) will include pavement markings, signage, and sidewalk and is not expected to involve roadway or drainage improvements. Sidewalk construction along Old Knight Road (approximately 1,095 linear feet) will include pavement markings, sidewalk, drainage improvements, minor roadway improvements, and curb and gutter.

Bids will be received by the Town of Knightdale at Town Hall until 1:00PM (EST Council Chambers Clock) on Tuesday, November 3, 2026. The Town of Knightdale will tabulate and report the bid results to all interested parties. Clearly marked bids may be mailed or hand delivered to:

Town of Knightdale Attn: Old Knight Road Sidewalk Improvement Project Bid #27-20260918 950 Steeple Square Court Knightdale, NC 27545

A pre-bid meeting will not be held for this project. Submit all questions via email no later than 5:00PM on Friday, October 2, 2026. An addendum with questions and answers, if necessary, will be published on the Town’s website by 5:00PM on Tuesday, October 13, 2026.

The project scope includes the following construction drawings and specifications which will be posted on the project bid page:

Attachment A: Roadway Design Plans

Attachment B: Erosion Control Plans

Attachment C: Roadway Cross Section Plans

Attachment D: Transportation Management Plans

Attachment E: Signage & Pavement Marking Plans

Attachment F: Utility Construction Plans

Attachment G: Town of Knightdale Standard Detail 4.04-1 & 4.01-2 (Concrete Sidewalk Design)

Attachment H: Associated Special Provisions

In addition to the above approved construction drawings, the Town shall require the following additional modifications:

1) [Town Standard] Installation of 6” of ABC underneath the proposed sidewalk to be installed in conformance with Town of Knightdale Standard Details 4.04-1 and 4.04-2, included for reference as Attachment G. This quantity is included in the unit bid tab.

2) [Field Change] Removal of one (1) additional pine tree located east of the driveway for Parcel #4 (Security Self Storage, Inc.) which is located outside of the indicated temporary construction easement, at the property owner’s request.

3) [Field Change] Widen the proposed width of the driveway for Parcel #6 (Andrew Martin Carlson, III) to that of 16-feet (approved plans reflect 12-feet currently), at the property owner’s request.

The Town of Knightdale reserves the right to waive any informalities or minor defects, or reject any and all bids. This submittal request is neither a contractual offer or commitment to purchase services. The Town assumes no contractual obligation as a result of the issuance of this request, the preparation or submission of a bid by a respondent, the evaluation of bids, or final selection.

All Contractors must have proper licenses as required under the state laws governing their respective trades.

Bid Bond: Each proposal shall be accompanied by a cash deposit, a cashier’s check or a certified check of some bank or trust company insured by the Federal Deposit Insurance Corporation in an amount not less than five percent (5%) of the proposal; or in lieu thereof, a bidder may offer a bid bond executed by a corporate surety licensed under the laws of North Carolina to execute such bond; conditioned that the surety will upon demand forth with make payment to the oblige upon said bond if the bidder fails to execute the contract in accordance with the bid bond, and upon failure to forthwith make payment, the surety shall pay to the oblige an amount equal to the amount of said bond. The deposit shall be retained if the successful bidder fails to execute the contract within ten days (10) after notice of award or fails to give satisfactory surety required herein. Bid Bonds should be sealed in a separate envelope, marked as such, and attached to the envelope containing the bidder’s proposal. Facsimile bid bonds will not be accepted.

NCDOT Prequalification: This project consists of improvements on roadways owned by the North Carolina Department of Transportation (NCDOT). It is not anticipated that this project will require any NCDOT bidding regulations, but in the case, it is required, the chosen contract and/or subcontractors may need the following NCDOT pre-qualification discipline codes:

NCDOT Discipline Codes 55 Asphalt Hauling 60 Asphalt/Concrete Saw Cutting

200 Clearing and Grubbing 225 Roadway Grading and Excavation 310 Pipe Culvert & Storm Drain Installation 421 Concrete Structures 520 Aggregate Base Course 560 Shoulder Construction 607 Milling Asphalt Pavements 610 Asphalt Concrete plant Mix Pavements 801 Construction Surveying 825 Incidental Concrete Construction 840 Minor Drainage Structures 846 Curb and Gutter/Shoulder Berm Gutter 848 Sidewalks, Driveways, and 900 Permanent Signing 902 Shoulder Mounted Sign Structures 906 Overhead Sign Structures

1100-1110 Safety Service Patrol, Work Zone Traffic Control Devices, and Work Zone Signs 1207 Pavement Marking - Thermoplastic 1510 Water/Sewer Installation 1605 Temporary Silt Fence 1651 Selective Vegetation Removal 1660 Seeding and Mulching 1670 Landscape Planting 1700 Traffic Signals and ITS

PROPOSAL FORM

PROPOSAL FOR _____________________ PROJECT # 27-20260918, IN THE TOWN OF KNIGHTDALE, NORTH CAROLINA

DATE:________________________

TOWN COUNCIL

TOWN OF KNIGHTDALE

KNIGHTDALE, NORTH CAROLINA

BIDDER NAME: _____________________________________________

We, the undersigned bidder, have received and carefully examined a complete set of the Bidding Documents and Specifications prepared by the Owner and have visited the job site to become familiar with all conditions and requirements of the work, and hereby agree to furnish all labor, materials, equipment, insurance, supervision, permits and abide by all local, state and federal codes, laws, rules, regulations and ordinances applicable to perform work described in these specifications and the requirements under them for the following sum to wit, and in submitting this Bid agree to the following:

1. To hold this Bid open for up to 90 days after the Date of Receipt of Bids.

2. To accept the provisions of the Instructions to Bidders.

3. To enter into and execute a Contract with the Town of Knightdale within 10 days, if awarded, based on this Bid as specified in the Instructions to Bidders and General Conditions.

4. To accomplish the Work in strict accordance with the Contract Documents; and

5. To complete the Work for this contract promptly from the Notice to Proceed. The Town reserves the right to extend the construction time for inclement weather or such reasons it judges as legitimate.

TOTAL BID – LUMP SUM (excludes NC tax, unit price bid schedule must also be submitted)

_______________________________________________________________DOLLARS $__________________

NUMBER of Calendar Workdays needed to complete the work: (required)

The Town intends to award a single contract to the overall lowest responsible, responsive bidder, taking into consideration quality, performance, and the time specified in the bid for the performance of the contract.

PROPOSAL SIGNATURE PAGE

FAILURE TO COMPLETE AND INCLUDE THE FOLLOWING WITH THE BID IS CONSIDERED A NON-

RESPONSIVE BID AND THE BID MAY NOT BE CONSIDERED:

- Proposal Form with prices written in ink or typed in.

- Proposal Signature Page

- Unit Price Bid Schedule

- Bid Bond

- Additional Bidder’s Certification

- Addenda (if issued) – sign and include each Addendum signature page with the bid.

Bidder certifies that this proposal is made in good faith and without collusion or in connection with any other person bidding on the same work nor will any official or employee of the Town of Knightdale be admitted to any share or part of this contract should an award be made to the undersigned.

This bid must be signed by a responsible officer for the bidding organization.

DATE COMPANY NAME (as identified by the office of the Secretary of State of North Carolina)

TELEPHONE NUMBER AUTHORIZED SIGNATURE (required)

EMAIL ADDRESS PRINTED NAME

NC CONTRACTOR’S LICENSE NO. ADDRESS (P.O. BOX)

CITY, STATE AND ZIPCODE

ADDITIONAL BIDDER'S CERTIFICATION

Acceptance of Terms

In submitting this Proposal, the undersigned agrees that this bid will remain in effect for a period of 90 days following the opening of the Bids, that the undersigned agrees to enter into a Contract with the Owner, if awarded, on the basis of this Proposal, and that the undersigned agrees to complete the work in accordance with the Contract Documents.

Non-Collusion in Bidding

The Bidder specifically agrees to abide by all applicable provisions of Article 3 of Chapter 133 of the North Carolina General Statutes. By submission of this Bid, each Bidder and each person signing on behalf of any Bidder certifies, and in case of a joint Bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief:

(1) The prices in this Bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Bidder or with any competitor;

(2) Unless otherwise required by Law, the prices quoted in the Bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, directly or indirectly, to any other Bidder or to any competitor; and

(3) No attempt has been made or will be made by the Bidder to induce any other person, partnership, or corporation to submit or not to submit a Bid for the purpose of restricting competition.

Type of Business

The undersigned hereby represents that it is a (corporation, partnership, an individual or limited liability company). If a corporation, the undersigned further represents that it is duly qualified as a corporation under the Laws of the State of North Carolina and it is authorized to do business in this State.

Firm Name: ___________________________________________

Firm Type: ___________________________________________

Authorized Signature: ___________________________________________

Title: ___________________________________________

Date: ________________________

Address of Firm: __________________________________________

BID BOND FORM

NORTH CAROLINA BID BOND

KNOW ALL MEN BY THESE PRESENTS, THAT WE ________________________________________ as PRINCIPAL, and ______________________________ as SURETY, who is duly licensed to act as corporate surety in North Carolina, are held and firmly bound unto the Town of Knightdale, North Carolina, a municipal corporation, as Obligee, in the penal sum ___________________Dollars, as 5% Bid Bond, lawful money of the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

SIGNED, sealed and dated this _________day of ____________, 20______. The condition of this obligation is such, that whereas, the said Principal is herewith submitting the attached proposal for the _________________________ Project and the Principal desires to file this bid bond in lieu of making the cash deposit as required by G.S. I 43- 129, as amended.

NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION is such, that if the Principal shall be awarded the contract for which the bid is submitted and shall execute the contract and give bonds for the faithful performance thereof, and the payment of all sums due for labor and materials, within ten days after the award of same to the Principal, then this obligation shall be null and void; but if the Principal fails to so execute such contract and give bonds as required by G.S. 143-29, as amended, the Surety shall, upon demand, forthwith pay to the Obligee the amount set forth in the first paragraph hereof. Power of Attorney from the Surety to its Attorney-in-Fact is attached hereto.

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

(ATTACH POWER OF ATTORNEY)

Name of Principal: ____________________________________

(IF APPLICABLE)

ATTEST:

By: _____________________________________ (Indicate Capacity)

By: _____________________________________ (Indicate Capacity)

(AFFIX CORPORATE SEAL IF APPLICABLE) ______________________________________

Name of Corporate Surety

By: ________________________________

Attorney-in-Fact

INSTRUCTIONS TO CONTRACTORS

DO NOT REMOVE FROM CONTRACT

Please observe the following in executing the attached contract:

1. The Town may contract with various categories of legal entities; and the legal requirements for proper execution (signing, witnessing, etc.) differ as to each:

a) If the contract is with an individual, that individual should sign the agreement exactly as his name is set out.

b) Execution on behalf of a corporation, authorized corporate officer must sign, with second officer signing to attest (which is second officer's verification of authority and signature authenticity), plus corporate seal affixed. The following are corporate officers allowed to sign for the corporation: president; vice-president; chairman; CEO; CFO; and Treasurer. The following officers are typically authorized to attest: secretary; vice president, trust officer; clerk to board; cashier (only for banks); and their assistants or deputies.

A sole corporate officer may sign, accompanied with a notary's acknowledgement, using the corporate acknowledgement form.

c) If the agreement is with a partnership (General Partnership or Limited Partnership), a general partner must sign and his/her/its signature must be notarized.

d) LLC - LLC "Manager" or "managing member" must sign with proper notary acknowledgement.

2. After signing the contract, the appropriate notary's acknowledgement, either in the corporate form or individual/partnership form should be completed.

3. The Performance and Payment Bonds should be attached to the Contract package. Bonds are required by law on construction and repair contracts subject to formal bidding requirements (N.C.G.S. § 143-129 et seq. They should be signed by the contractor, and his 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. Bonds should not be dated. Bonds will be dated on or after the contract date by the Town.

4. The instrument should not be dated, except by the last person executing the contract, normally the Town Clerk

5. Non-discrimination provisions should be included with the contract, as should applicable Certificates of Insurance with proper and timely coverage indicated.

6. All modifications or deletions should be initialed or signed by representatives of both the Contractor and the Town.

North Carolina

Wake County

CONSTRUCTION CONTRACT FORM

TOWN OF KNIGHTDALE

CONTRACT FOR: Old Knight Road Sidewalk Improvement Project (hereinafter “Project”), as defined and set forth in detail in the “Invitation for Bids”, included as a part of the “Contract Documents”. The “Contract Documents” are further defined in Paragraph 14 herein. The Invitation for Bids is incorporated herein by reference and the description of the work is made a part of this Contract.

This Contract is made and entered into as of the ____ day of __________, 2026, by the Town of Knightdale (hereinafter “Town”) and ___________________________________________________ (hereinafter “Contractor”), ( ) 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 this Project. All of Contractor’s 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 ninety (90) days after an executed original of this contract. The day Work Commences will be noted by the Contractor and the Town. Contractor agrees to achieve Substantial Completion (as defined herein) within one hundred eighty (180) days after the Commencement Day 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 construction provided in this contract is:

A lump sum 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 20th 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 five percent (5%) as 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. Payment will be made 30 days from the date of the application, or upon acceptance of work completed or services performed, whichever is later.

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.

CONTRACTOR WILL PROVIDE TOWN WITH CERTIFICATES OF PAYMENT TO ALL

SUBCONTRATORS BEFORE FINAL PAYMENT TO CONTRACTOR.

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 five hundred dollars ($500.00) as liquidated damages for each calendar 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

Commercial General Liability

$5,000,000 per occurrence ($5,000,000 aggregate)

Automobile Liability $1,000,000

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

Workers’ Compensation and Employer’s Liability

Statutory Limits and must include $1,000,000 Each Accident, $1,000,000 Disease (Each Employee, $1M Disease-Policy Limit)

Builder’s Risk Full cost of the completed project

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 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 Knightdale is to be added as an additional insured as evidenced by an endorsement attached to this certificate.” 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. 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.

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

Performance Bond: _______ __________________

Payment Bond: _____________________________

Other Performance Security: ___________________

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 and are included and incorporated herein by reference as if set out here in full:

(a) This contract;

(b) Advertisement for Bids;

(c) Contractor’s Proposal dated _____________;

(d) Construction Drawings

(e) General Conditions; and

(f) 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:

________________________________ Attn: ___________________

Town of Knightdale ________________________

950 Steeple Square Ct. ________________________

Knightdale, NC 27545 ________________________

Phone Number: (984) 392-________ Phone Number: ___________

Email: ________@knightdalenc.gov Email: ___________________

(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 Knightdale, 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 Knightdale, its agents, officers, and employees with legal counsel reasonably acceptable to the Town. As used in mailto:________@knightdalenc.gov 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 Knightdale 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 Work or Services including Occupational Safety & Health laws. Contractor represents and warrants to the Town that it is duly licensed by the State of North Carolina and is authorized by such license to perform the Work and it has and will maintain all necessary licenses, certifications and registrations required in order to perform the Work.

(g) Town Policy. THE TOWN OPPOSES DISCRIMINATION ON THE BASIS OF RACE AND SEX

AND URGES ALL OF ITS CONTRACTORS TO PROVIDE A FAIR OPPORTUNITY FOR

MINORITIES AND WOMEN TO PARTICIPATE IN THEIR WORK FORCE AND AS

SUBCONTRACTORS AND VENDORS UNDER TOWN CONTRACTS.

(h) EEO Provisions. During the performance of this Contract the Contractor agrees as follows:

1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, political affiliation or belief, age, or handicap. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated equally during employment, without regard to race, color, religion, sex, national origin, political affiliation or belief, age, or handicap. The Contractor shall post in conspicuous places available to employees and applicants for employment, notices setting forth these EEO provisions.

2. The Contractor in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, political affiliation or belief, age, or handicap.

(i) Drug-Free Workplace. The Principal Officer of the Contractor’s firm shall, upon request of the Town, provide a statement of proof indicating that a Drug-Free Workplace Program is in place and that where required by law, company drivers meet the DOT/CDL licensing requirements.

(j) No Third Party Right Created. This contract is intended for the benefit of the Town and the Contractor and not any other person.

(j) Principles of Interpretation. In this contract, unless the context requires otherwise the singular includes the plural and the plural the singular. The pronouns “it” and “its” include the masculine and feminine. Reference to statutes or regulations include all statutory or regulatory provisions consolidating, amending, or replacing the statute or regulation. References to contracts and agreements shall be deemed to include all amendments to them. The word “person” includes natural persons, firms, companies, associations, partnerships, trusts, corporations, governmental agencies and units, and any other legal entities.

(k) Modifications. A modification, or construction change directive of this Contract is not valid unless signed by both parties and otherwise in accordance with requirements of law. Any document which materially alters the terms and conditions contained herein, must be reviewed pursuant to the Town’s Contract Review Procedure.

Sec. 18. E-Verify. Contractor shall comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Further, if Contractor utilizes a subcontractor, Contractor shall require the subcontractor to comply with the requirements of Article 2 of Chapter 64 of the General Statues.

Sec. 19. Attorney’s Fees. Should either party deem it necessary to retain an attorney or other counsel to defend and/or pursue the enforcement of this Contract, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs.

IN WITNESS WHEREOF, the Town of Knightdale and the Contractor have caused this Contract to be executed under seal by their respective duly authorized agents or officers.

TOWN OF KNIGHTDALE: CONTRACTOR:

By: ___________________________________ By: _________________________________________ Authorized Town Official Authorized Company Official

ATTEST BY: ATTEST BY (if corporate):

Town Clerk Corporate Secretary

SEAL: SEAL:

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

Town Finance Officer Date

CORPORATE ACKNOWLEDGMENT

STATE OF ______________________

COUNTY OF____________________

This is to certify that on the ____ day of ___________________ , 20____, before me personally came

___________________________, with whom I am personally acquainted, who, being by me duly sworn, says that (s)he is the President and ________________________________is the Secretary of __________________________________ Incorporated, the corporation described in and which executed the foregoing instrument; that (s)he knows the common seal of said corporation; that the seal affixed to the foregoing instrument is said common seal, and the name of the corporation was subscribed thereto by the said Secretary and the said corporate seal was affixed, all by order of the Board of Directors of said corporation, and that the said instrument is the act and deed of said corporation.

Witness my hand and official seal this the ______ day of ___________________ , 20____, My Commission Expires:

Notary Public (SEAL)

INDIVIDUAL ACKNOWLEDGMENT

STATE OF ______________________________

COUNTY OF__________________________

I,____________________________________ a Notary Public do hereby certify that_______________________________ personally appeared before me this day and acknowledged the due execution of the foregoing instrument.

This the _____day of _________________________, 20 __.

My Commission Expires:

PARTNERSHIP ACKNOWLEDGEMENT

STATE OF ________________________________

COUNTY OF_____________________________

I,______________________________________ Notary Public do hereby certify that

___________________________________ General Partner of _________________________________, personally appeared before me this day and acknowledged the execution, with proper authorization, of the foregoing instrument, all in accordance with partnership instruments recorded in Book ______, Page _____, in the _________ County Registry, and that the instrument is the act and deed of the partnership.

This the _____ day of ____________________ ,20__.

LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT

STATE OF _____________________________________

COUNTY OF ___________________________________

I,______________________________ a Notary Public for said State and County, do hereby certify that____________________________________Manager of __________________________________ personally appeared before me this day and acknowledged the execution of the foregoing instrument, with proper authorization, on behalf of the company.

This the _____day of _____________________ ,20___.

My Commission Expires:

Notary Public

(SEAL)

PERFORMANCE BOND FOR CONTRACT

Bond No. ___________________

NOW ALL MEN BY THESE PRESENTS, that we, _________________________________________ the PRINCIPAL, hereinafter called Principal, and _____________________________________________ as SURETY, hereinafter called Surety, and the above named, are held and firmly bound unto the Town of Knightdale, hereinafter called the Town, in the penal sum of $ ___________________________DOLLARS ($____________), the amount stated above for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

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

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

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

Signed and sealed this ____________day of__________,20____. (To be dated by the Town)

(ATTACHED POWER OF ATTORNEY, IF APPLICABLE)

By: _________________________________

PRINCIPAL

ATTEST: _________________________________

Indicate Capacity

Secretary: _________________________________

(AFFIX CORPORATE SEAL IF APPLICABLE)

By: _________________________________ Date:______________ Surety

ATTEST: _________________________________

STATE OF _______________

COUNTY OF _____________

Personally appeared before me the undersigned Notary Public ______________________ who, being first duly sworn, acknowledged the due execution of the foregoing instrument for the purpose therein stated.

Witness my hand and notarial seal this the _______________day of ____________, 20____.

My Commission Expires: (SEAL)

CORPORATE ACKNOWLEDGEMENT

___________________________, with whom I am personally acquainted, who, being by me duly sworn, says that (s)he is the President and ________________________________is the Secretary of __________________________________ Incorporated, the corporation described in and which executed the foregoing instrument; that (s)he knows the common seal of said corporation; that the seal affixed to the foregoing instrument is said common seal, and the name of the corporation was subscribed thereto by the said Secretary and the said corporate seal was affixed, all by order of the Board of Directors of said corporation, and that the said instrument is the act and deed of said corporation.

Witness my hand and official seal this the ______ day of ___________________ , 20____, I,______________________________________ Notary Public do hereby certify that

__________________________________ General Partner of _________________________________, personally appeared before me this day and acknowledged the execution, with proper authorization, of the foregoing instrument, all in accordance with partnership instruments recorded in Book ______, Page _____, in the _________ County Registry, and that the instrument is the act and deed of the partnership.

This the _____ day of ____________________ ,20__.

I,______________________________ a Notary Public for said State and County, do hereby certify that____________________________________Manager of __________________________________ personally appeared before me this day and acknowledged the execution of the foregoing instrument, with proper authorization, on behalf of the company.

This the _____day of _____________________ ,20___.

PAYMENT BOND FOR CONTRACT

BOND No.____________________

KNOW ALL MEN BY THESE PRESENTS, that we, __________________________________________, the PRINCIPAL, hereinafter called Principal, and __________________________________________ as SURETY, hereinafter called Surety, and the above named, are held and firmly bound unto the Town of Knightdale, hereinafter called the Town, in the penal sum of _______________________________DOLLARS ($ ___________),the amount stated above, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal entered into a certain contract with the Town as referenced above and hereto attached;

NOW, THEREFORE, if the principal shall promptly make payment to all person supplying labor and material in the prosecution of the work…