P26-112-Chapel Hill Transit - Bus Stop Improvement November 2025.pdf

Chapel Hill Transit Bus Stop Improvements Bid: P26-112, Town of Chapel Hill, North Carolina November 5, 2025 Page 1

Notice to Bidders

Request for Bids (RFB) For

For Town of Chapel Hill

Chapel Hill, North Carolina

BID: P26-112

CATEGORY: Construction PROJECT: Chapel Hill Transit Bus Stop Improvements FROM: Zakia Alam, Purchasing & Contracts Manager NOTICE DATE: Wednesday, November 5, 2025 SUBMISSION DATE: Thursday, December 4, 2025

Pursuant to Section 143-129 of the General Statutes of North Carolina, sealed proposals for the Chapel Hill Transit Bus Stop Improvements (the “Project) to be furnished to the Town of Chapel Hill, N.C. will be received by Zakia Alam, Purchasing and Contracts Manager, at the Town Hall in the 1st floor conference room #102, at 405 Martin Luther King Jr. Boulevard, Chapel Hill, N.C., on Thursday, December 4th, 2025 at 2:00 PM, at which time they will be opened and publicly read. Please allow extra time for parking, as it may be necessary to park at the E. Rosemary Parking Deck (125 E. Rosemary Street, approximately 0.03 miles from Town Hall) or at alternative locations.

Prospective bidders may view the plans and specifications for the proposed project on the Town of Chapel Hill website (www.townofchapelhill.org. Click on “Businesses” menu, then “Bid Notices” option, then the name of this project) For additional information, please contact Katy Fontaine by email at kfontaine@townofchapelhill.org.

An optional pre-bid conference will be held on November 13, 2025, from 11:00 AM to 12:00 PM, at the Transit Facility, on the second-floor conference room, 6900 Millhouse Road, Chapel Hill, North Carolina 27516. All potential bidders are hereby notified that attendance at the optional pre-bid conference is not required for bid submittal.

The Project Manager for this project Katy Fontaine, Chapel Hill Transit, Town of Chapel Hill. All requests for interpretations related to this RFB must be submitted in writing to the Project Manager at kfontaine@townofchapelhill.org by 5:00 PM on Monday, November 17th, 2025. All responses to timely submitted requests for interpretations will be published in the form of an addendum on the Town’s website on Friday, November 21st, 2025.

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

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

http://www.townofchapelhill.org/ mailto:kfontaine@townofchapelhill.org

November 5, 2025 Page 2

Instructions to Bidders

Chapel Hill, North Carolina

CATEGORY: Construction PROJECT: Chapel Hill Transit Bus Stop Improvements FROM: Zakia Alam, Purchasing & Contracts Manager NOTICE DATE: Wednesday, November 5, 2025 SUBMISSION DATE: Thursday, December 4, 2025, by 2:00 PM

This bid package includes the following documents:

Notice to Bidders Instructions to Bidders Project Specifications & Plans Bid Proposal Form Contract between Owner & Contractor with Performance and Payment Bonds (sample) General Conditions of the Contract for Construction Standard General Conditions

Project Plans are NOT attached and can be viewed on the Town of Chapel Hill website. NCDOT Right-of-Way Encroachment Letters & Agreements are NOT attached and can be viewed by contacting Michael Dioquino at DRMP by email at mdioquino@drmp.com.

Project Summary: The focus of this project includes bus stop and site amenity improvements to existing stop locations at various locations with the Town of Chapel Hill limits. This work will generally consist of clearing, grading, concrete pads and sidewalks, installing amenities, traffic control, and other related items.

Projected Project Schedule:

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

Bid Request Issued: November 5, 2025 Optional Pre-Bid Conference: November 13, 2025 from 11:00 AM to 12:00PM EST Requests for Interpretation Due: November 17, 2025 Addendum Published: November 21, 2025 Bids Due: December 4, 2025 Contract Execution: following Town Council approval Project Completion Date: 120 Days after Notice to Proceed is issued mailto:mdioquino@drmp.com

November 5, 2025 Page 3

Contacts:

For Questions about the Proposed Project:

Katy Fontaine, Project Manager Chapel Hill Transit Email: kfontaine@townofchapelhill.org

For Questions about Bidding Procedures:

Purchasing Division 919-969-5022

PLEASE READ ALL INSTRUCTIONS CAREFULLY

BEFORE PREPARING AND SUBMITTING YOUR BID

All bids shall be prepared and submitted in accordance with the following requirements. Failure to comply with any requirement shall cause the bid to be considered irregular and shall be grounds for rejection of the bid.

I. PRE-SUBMISSION PROCEDURES:

A. Requests For Interpretations. Bidders in doubt as to the meaning of any part of the instructions, specifications, or other documents furnished with or referenced by these Instructions may submit questions in writing to Katy Fontaine at kfontaine@townofchapelhill.org by the “Requests for Interpretation Due” date and time specified above. No further requests for interpretation will be accepted after the deadline.

B. Addenda. All responses to timely submitted requests for interpretations will be published in the form of an addendum to the Town’s website at www.townofchapelhill.org on November 21, 2025. Bidders shall ascertain that they have received all addenda issued and shall acknowledge their receipt on the Formal Bid Proposal Form, furnished with the specifications.

C. Pre-Bid Conference An optional pre-bid conference will be held on November 13, 2025 from 11:00 AM to 12:00 PM, at the Transit Facility, in the second floor conference room, 6900 Millhouse Road, Chapel Hill, North Carolina 27516. All potential bidders are hereby notified that attendance at the optional pre-bid conference is not required for bid submittal.

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

II. SUBMISSION OF BIDS:

A. Receipt of Bids. Sealed proposals for the furnishing of labor, materials, equipment, and services for the construction of the Project will be received by the Purchasing & Contracts Manager at the Town of Chapel Hill Town Hall, 1st floor conference room, 405 Martin Luther King Jr. Blvd., Chapel Hill, North Carolina, on December 4, 2025, at

2:00 PM.

November 5, 2025 Page 4

Bids shall be enclosed in a sealed envelope addressed to the Purchasing & Contracts Manager, Town of Chapel Hill, 405 Martin Luther King Jr. Blvd., Chapel Hill, North Carolina 27514, and clearly marked "Bid Proposal – Chapel Hill Transit Bus Stop Improvements". The bidder’s state contractor license number shall be printed in the lower left hand corner of the envelope containing the bid.

B. Bid Opening. All bids received will be opened promptly and read at the specified hour and date set forth in the Notice to Bidders.

C. Bid Bond/Deposit. No proposal shall be considered or accepted by the Town of Chapel Hill unless, at the time of its filing, the proposal shall be accompanied by a deposit with the Town of Chapel Hill of cash, a cashier’s check or a certified check on a bank or trust company insured by the Federal Deposit Insurance Corporation in an amount equal to but not less than five percent (5%) of the proposal. In lieu of making the cash deposit, as provided above, bidders may file a Bid Bond executed by a corporate surety licensed under the laws of North Carolina to execute the contract in accordance with the bid bond. This deposit shall be retained by the Town of Chapel Hill if the successful bidder fails to execute the contract within ten (10) days after the award or fails to give satisfactory surety as required. Bid bond shall be submitted in a separate sealed envelope with Bid Bond printed on the envelope.

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

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

F. Execution of Bids.

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

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

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

G. Disadvantaged Business Enterprise. There are no DBE goals for this project, in coordination with US

Department of Transportation’s interim final rule (IFR) issued on October 3rd, 2025. In the event that regulations change or additional guidance is provided, contractors will be notified within 30 days for future compliance.

H. Familiarity with Project Conditions. Bidders are required to and shall inform themselves fully of the conditions relating to the construction project and labor under which the work will be performed, and a contractor must

November 5, 2025 employ, insofar as is possible, such methods and means in carrying out the work so as not to cause any interruption and/or interference with any other contractor(s).

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

III. MINIMUM REQUIREMENTS FOR CONTRACT EXECUTION AND PERFORMANCE:

A. Form of Contract. The contract to be awarded as a result of this RFB will be in substantially the same form and content as the sample “Contract between Owner and Contractor with Performance and Payment Bonds” included in this bid package. In the event that additional terms and conditions are proposed to be attached to said contract, there shall be none of the following unless Town’s express prior written agreement is obtained: (i) any limitation on, or disclaimer of, implied or express warranties or the liability of Contractor; (ii) any limitation on damages, including a limitation on consequential damages; (iii) any requirement for arbitration or for mandatory mediation; (iv) any requirement that Town officials or employees keep information confidential or that records be kept confidential by the Town, unless the requirement for confidentiality meets the requirements of the North Carolina Public Records law.

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

C. Performance and Payment Bonds. Performance and Payment Bonds, issued in accordance with Article 3 of Chapter 44A of the General Statutes, each having a penal sum in the full amount of the contract sum, will be required on such contract(s) as may be awarded.

D. Insurance Provisions. The successful bidder shall procure and maintain during the life of the contract the Insurance Provisions as outlined in Article 33 of the General Conditions of the Contract for Construction. Required coverage limits will be 1) Commercial General Liability and Business Automobile - $1,000,000 per occurrence and 2) Workers’ Compensation - $100,000 for both employer’s liability and bodily injury by disease for each employee and $500,000 for the disease policy limit. The Town shall be named as an additional insured for Commercial General Liability and Business Automobile policies. Based on the nature of services to be provided by the contractor and assessment of risk posed to the Town, the Town may require evidence of supplementary insurance coverage.

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

F. Time to Complete Work. Bidder’s attention is called to the contract time limit allowed to complete the work specified after the date of the Notice to Proceed.

G. Billing and Payment. The Contractor shall submit a bill to the Town for work performed under this contract.

The Contractor shall bill, and the Town shall pay the rates set forth therein. Payment will be made by the Town within thirty (30) days of receipt of an accurate invoice, approved by the Contract Coordinator.

SPECIFICATIONS FOR

Chapel Hill Transit Bus Stop Improvements Bid: P26-112

The Town of Chapel Hill, North Carolina, seeks to construct the Chapel Hill Transit Bus Stop Improvements project according to the bid plans and the following specifications:

I. PROJECT LOCATION

Existing Transit locations within the Town of Chapel Hill and the Town of Carrboro Town limits. A vicinity map is shown in the plans, showing the various locations.

II. SCOPE OF PROJECT

The Contractor shall complete the work in this contract in strict accordance with Town and NCDOT Standards as shown on the construction plans. The work covered in this project includes bus stop and site amenity improvements to existing bus stop locations located at various locations within the Town of Chapel Hill's Town limits. This work will generally consist of clearing, grading, concrete pads and sidewalks, installing amenities, traffic control, and other related items.

All work herein specified shall include the doing and furnishing of all miscellaneous and incidental work necessary to complete the installation. The contractor shall be responsible for and correct all damage from all causes, until the final completion and acceptance of the entire work.

III. PROJECT SCHEDULE

Work is expected to begin as soon as possible after Notice to Proceed and must be substantially completed within 120 days.

IV. GENERAL PROVISIONS

A. Standard Specifications: The 2018 Standard Specifications for Roads and Structures of the North

Carolina Department of Transportation hereinafter referred to as the “Standard Specification” shall apply to all portions of the project unless otherwise specified herein. Where specifications refer to particular items, materials, procedures, etc., the appropriate section of the Standard Specifications shall apply. The absence of a description or specification for any item shall automatically refer to the appropriate section of the Standard Specifications.

B. OSHA Requirements: The Contractor shall comply with applicable OSHA safety regulations while performing work for the Town of Chapel Hill. This includes provisions for safety of workers, pedestrians and motorist within the work zone.

C. Subsurface Investigation: The Contractor shall make his own subsurface investigations.

Any information obtained by the Town as a result of its own subsurface investigations will be made available upon request. This information (when available) is provided for informational purposes only and shall not relieve the Contractor of making his own investigations.

The Contractor shall contact NC 811, OWASA, and UNC Facilities to locate any underground utilities prior to digging.

D. Rejection of Bids: The Town of Chapel Hill reserves the right to reject any and all bids and to waive any and all informalities therein and to award a contract in the best interest of the Town of Chapel Hill. The award shall, if made, be to the lowest responsive and responsible bidder, taking into consideration quality, performance, and the time specified in the proposal for the performance of the contract. The Town of Chapel Hill further reserves the right to accept any bid in part without incurring any obligation as to the rejected portion of the bid and to re-solicit bids on the required services, or to reject any and all bids and formally advertise for bids on the required services or portions thereof.

E. Application: The work contemplated and covered by this specification and items under which the bid is to be made are listed on the Bid Proposal Form.

F. Quality of Work: All materials furnished and work performed shall be strictly of the best quality of their respective kinds and suitable for the use intended, subject to approval by the Town and NCDOT. Unless otherwise specified, all materials shall be new, unused, and of recent manufacture. All equipment and tools shall be clean and in good working order. All workers shall be qualified in the work assigned and to operate equipment or machinery as directed.

G. Quantities: The quantities shown on the Bid Proposal Form are estimates only. They are not exact and should not be so construed. Payment will be made on unit prices. The Town of Chapel Hill specifically reserves the right to increase or decrease the quantity of listed bid items to meet additional or reduced requirements.

H. North Carolina Department of Transportation (NCDOT): Attached to this proposal is the approved NCDOT encroachment agreement and NCDOT project special provisions.

Those documents are considered part of this contract. NCDOT owns the right-of-way along this entire project. Pavement testing and quality control must meet NCDOT standards.

Testing of materials is to be provided by the contractor and is considered incidental to the overall contract.

I. 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. Failure to complete the work within the contract time will result in damages due to public inconvenience, obstruction, and delay to traffic, safety, and other considerations. For each consecutive calendar day in excess of the contract time specified, the Contractor shall pay, or have withheld monies due, a sum of two hundred fifty dollars ($250.00) per day. This will be adjusted and assessed on a monthly basis at the time of each partial payment request based on the Contractor's progress in comparison with the approved progress schedule.

J. Payment: Full payment of the work shall occur upon satisfactory completion within the contract construction period.

V. TECHNICAL PROVISIONS:

A. Coordination: The Contractor shall cooperate with the Town of Chapel Hill and to arrange the work as to cause the least inconvenience to all concerned. Every effort should be made to prevent disruption of access to adjacent properties by the public.

B. Restoration: The Contractor shall be responsible for and correct all damage from all causes until the final completion and acceptance of the entire work. All property disturbed in the process of project construction shall be restored to the condition existing prior to construction or as otherwise specified on the plans.

VI. CONSTRUCTION MANAGEMENT AND TRAFFIC CONTROL:

A. Contractor Responsibility: The Contractor shall provide traffic control in accordance with the traffic control plans and the latest Manual on Uniform Traffic Control Devices and all supplements thereto. Contractor to adhere to time restrictions as outlined on traffic control plans and approved NCDOT encroachment agreement.

B. Traffic Control Signs: The Contractor shall furnish, erect, operate, relocate, maintain, and remove all temporary traffic control devices necessary for notifying and controlling vehicular and pedestrian traffic.

VII. SPECIFICATIONS:

Refer to the special provisions included in the bid documents.

All work shall be in accordance with the published volume entitled “North Carolina Department of Transportation, Raleigh, Standard Specifications for Road and Structures, January, 2018” and the Town of Chapel Hill Standard Specifications with all amendments and supplements thereto, is by reference incorporated into and made a part of these project documents; that, except as modified by any Project Special Provisions in the document, all the construction items included in the plans for this section of Work are to be done in accordance with the specifications contained in the above mentioned volume, and amendments and supplements thereto, under the direction of the engineer.

BID PROPOSAL FORM

Town of Chapel Hill - Transit

Bidder: Bid Date:

To: Purchasing & Contracts Manager

405 Martin Luther King Jr. Blvd, Chapel Hill, NC 27514

The undersigned, as Bidder, proposes and agrees if this proposal is accepted to contract with the Town of Chapel Hill for the furnishing of all materials, equipment, and labor necessary to complete the construction of the work described in these documents in full and complete accordance with plans, specifications, and contract document and to the full and entire satisfaction of the Town of Chapel Hill, DRMP, and the North Carolina Department of Transportation, for the sum of:

Total Base Bid:

dollars

UNIT PRICES

Unit prices are submitted by the undersigned Bidder as a proposed basis for additive or deductive adjustment in the event contract changes in the work are required involving items described. Unit prices shall include all fees, taxes (if specified in the Instructions to Bidders), profit, bond, overhead, and similar items. Unit prices are based on the same standard of materials in the contract documents.

Line Number Sec. No. Description Quantity Unit Unit Price Amount

1 SGP-1/NCDOT 800 MOBILIZATION/TRAVEL TIME 1 LS

2 SGP-2/NCDOT 200 DEMOLITION 1 LS

3 SGP-3/SGP-24 EARTHWORK 1 LS

4 SGP-4 EROSION CONTROL 1 LS

5 SGP-5 TEMPORARY TRAFFIC CONTROL 1 LS

6 SGP-6 PAVEMENT MARKINGS 1 LS

7 SGP-7 GRASS SOD / MULCH 2850 SY

8 SGP-9 2" DEPTH S.9.5C 15 SY

9 SGP-9 VAR. DEPTH B25.0C 75 SY

10 SGP-8

ASPH. PLANT MIX PAVEMENT REPAIR

(CONTINGENCY) 5 TON

11 SGP-10 4" CONCRETE SIDEWALK 465 SY

12 SGP-10 6" CONCRETE SIDEWALK 9 SY

13 SGP-11 6" CONCRETE PAD 1095 SF

14 SGP-12 2'-6" CURB & GUTTER 15 LF

15 SGP-13 SURFACE MOUNTED CONCRETE CURB 20 LF

16 SGP-14 CONCRETE CURB RAMP 8 EA

17 SGP-15 REMOVE AND RESET BRICK PAVERS 60 SF

18 SGP-27 CIP GRAVITY RETAINING WALL 120 SF

19 SGP-28 PEDESTRIAN SAFETY RAIL 40 LF

20 SGP-28 PEDESTRIAN HANDRAIL 50 LF

21 SGP-29 VARIABLE DEPTH (MIN 5") MONOLITHIC CONCRETE

ISLAND 135 SY

22 SGP-16 INSTALL SHELTER & AMENITIES 6 EA

23 SGP-17 REMOVE AND REINSTALL EXISTING AMENITY 3 EA

24 SGP-17 REMOVE EXISTING AMENITY 1 EA

25 SGP-18 RELOCATE SIGN 16 EA

26 SGP-19 PERMANENT TRAFFIC SIGNAGE 44 SF

27 SGP-20 ADJUST SEWER CLEANOUT 1 EA

28 SGP-30 ADJUSTMENT OF MANHOLES 2 EA

SGP-31 ADJUST UTILITY BOX/VAULT 3 EA

29 SGP-10 REMOVE AND REPLACE SIDEWALK (CONTINGENCY) 150 SY

30 SGP-33 SOLAR PANEL REPLACEMENT AND REINSTALL 3 EA

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

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

Chapel Hill Transit Bus Stop Improvements

The undersigned further agrees to begin the work promptly upon receipt of Notice to Proceed and to pursue the work with an adequate work force to complete the work within 120 days from Notice to Proceed to substantial completion.

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. Failure to complete the work within the contract time will result in damages due to public inconvenience, obstruction and delay to traffic, safety and other considerations. For each consecutive calendar day in excess of the contract time specified, the Contractor shall pay, or have withheld monies due, a sum of two hundred fifty dollars ($250.00) per day. This will be adjusted and assessed on a monthly basis at the time of each partial payment request based on the Contractor's progress in comparison with the approved progress schedule.

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

Addendum No. Dated

[SIGNATURES ON FOLLOWING PAGE]

Bid: P26-112, Town of Chapel Hill, North Carolina, November 5, 2025

November 5, 2025 Page 11

SUBMITTED BY THE FOLLOWING CORPORATION:

Name of Corporation:

Address:

State of Incorporation:

By:

Printed Name:

Title:

ATTEST: CORPORATE SEAL

By:

Printed Name:

Title:

STATE OF

COUNTY OF

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

Witness my hand and seal, this day of , 20 .

SEAL

Notary Public My commission expires:

November 5, 2025 Page 12

SUBMITTED BY THE FOLLOWING PARTNERSHIP:

Name of Partnership:

By:

Printed Name:

Title:

Partnership Address:

List of all Partners:

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

Witness my hand and seal, this day of , 20 .

SEAL

November 5, 2025 Page 13

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

Name of Business Entity:

By:

Printed Name:

Title:

Business Entity Address:

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

Witness my hand and seal, this day of , 20 .

SEAL

NON-COLLUSIVE AFFIDAVIT– To be Returned with Offer

The undersigned as Bidder, hereby declares that the only person(s) interested in this quote as principals (s) are named herein and that no other person than herein mentioned has interest in this proposal or in the contract to be entered into; that this quote is made without connection with any other persons, company or parties making a bid or proposal and that it is in all respects fair and in good faith without collusion or fraud.

1. The Bidder further declares it can complete the work as specified in the bid proposal form at the rates included in its bid. The Bidder further declares itself informed of the applicable FTA contract clauses and has read all special provisions furnished prior to the solicitation of bid that is satisfied relative to the work to be performed.

2. The Bidder further declares that it received and examined the quotation material and will abide by these requirements in performing the work.

3. The Bidder proposes and agrees, if this bid is accepted, to contract with the Town of Chapel Hill, to furnish all necessary materials, equipment, and labor necessary to deliver the project specified in the request for bid to the full and entire satisfaction of the Town of Chapel Hill.

4. The undersigned Bidder hereby agrees that the Town of Chapel Hill reserves the right to reject any and all bids when such rejection is in the best interest of the Town of Chapel Hill. Bid will be awarded to the lowest responsive and responsible bidder. Successful bidder(s) will be those that provide the lowest price and conform to the requirements specified herein.

Submitted the day of ___, 2025 BY:

Firm Name

Signature of bidder

Printed name & title

CERTIFICATION OF PRIME CONTRACTOR REGARDING DEBARMENT, SUSPENSION, AND

OTHER RESPONSIBILITY MATTERS – To be Returned with Offer

The Prime Contractor, , certifies to the best of its knowledge and belief that it and its principals:

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

2. Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity

(Federal, State, or Local) with commission of any of the offense enumerated in paragraph (2) of this certification; and

4. Have not within a three (3) year period preceding this bid/quote/proposal, had one (1) or more public transactions (Federal, State, or Local) terminated for cause or default.

If the above-named Prime Contractor is unable to certify to any of the statements in this certification, the Prime Contractor shall attach an explanation to this certification.

The Prime Contractor, , certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification and understands that the provision of 31 U.S.C. Section 3801 et seq. are applicable thereto.

Signature and Title of Authorized Official

CERTIFICATION OF RESTRICTIONS ON LOBBYING – To be Returned with Offer

I, , , hereby certify on behalf of (Name) (Title) that:

(Firm)

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

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

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

Dated

(Name)

(Title)

(Firm)

CERTIFICATION OF COMPLIANCE WITH REQUIREMENTS FOR THE PARTICIPATION OF

DISADVANTAGED BUSINESS ENTERPRISES (DBE's)

The Contractor hereby certifies that it will comply with the requirements of Section 19 of the FTA Act, Section 105(f) of the Surface Transportation Assistance Act of 1982, Section 100(c) of the Surface Transportation and Uniform Relocation Assistance Act of 1987, and the DOT implementing regu1ations of 49 CFR Part 26.

DATE

SIGNATURE

State of

County of

TITLE

FIRM

Subscribed and sworn to before me this day of 20

BUY AMERICA CERTIFICATION STEEL OR MANUFACTURED PRODUCTS

General Requirement (as stated in 49 CFR 661.5)

a. Except as provided in 49 CFR 661.7 and 49 CFR 661.11, no funds may be obligated by FTA for a grantee project unless all iron, steel, and manufactured products used in the project are produced in the United States.

b. All steel and iron manufacturing processes must take place in the United States, except metallurgical processes involving refinement of steel additives.

c. The steel and iron requirements apply to all construction materials made primarily of steel or iron and used in infrastructure projects such as, transit or maintenance facilities, rail lines, and bridges. These items include, but are not limited to, structural steel or iron, steel or iron beams and columns, running rail and contact rail. These requirements do not apply to steel or iron used as components or subcomponents of other manufactured products or rolling stock, or to bimetallic power rail incorporating steel or iron components.

d. For a manufactured product to be considered produced in the United States:

1. All of the manufacturing processes for the product must take place in the United States; and

2. All of the components of the product must be of U.S. origin. A component is considered of U.S. origin if it is manufactured in the United States, regardless of the origin of its subcomponents.

If steel, iron, or manufactured products (as defined in 49 CFR 661.3 and 661.5) are being procured, the appropriate certificate as set forth below shall be completed and submitted by each bidder or offeror in accordance with the requirement contained in 49 CFR 661.13(b).

A. Certificate of Compliance with Buy America Requirements The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C.

5323(j)(1), and the applicable regulations in 49 CFR part 661.

Company Name Title Signature Date

TOWN OF CHAPEL HILL, NORTH CAROLINA

CONTRACT BETWEEN OWNER AND CONTRACTOR

WITH PERFORMANCE & PAYMENT BONDS

FOR {Insert Project Name}

THIS CONTRACT BETWEEN OWNER AND CONTRACTOR (the “Agreement”), is made and entered into as of the date set forth below, between the Town of Chapel Hill (the “Owner”), and {Insert Contractor’s Full Legal Name} (the “Contractor”), a duly licensed contractor authorized and qualified to do business in North Carolina.

Section 1. For and in consideration of the payments and mutual promises made by the Owner and Contractor, and under the penalty expressed in the bond bearing even date with these presents, and hereunto annexed, the Contractor agrees with the Owner, at the Contractor’s own proper cost and expense and with skill and diligence, to provide the labor and furnish all the materials for performance of the work (the “Work”) necessary to construct and complete ready for use, {Insert Project Name} (the “Project”) or such portion thereof as may be awarded to said Contractor, or to furnish such materials as may be awarded, as herein set forth, all in conformity with the Instructions to Bidders, Plans and Specifications, Detail of Bid Items, insurance requirements and the Contractor's proposal dated __________ attached hereto, and incorporated herein by reference, and such detailed directions, drawings, and similar information as may be given by the Owner from time to time during the construction, and in full compliance with this Agreement.

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

Section 3. For the purpose of this Agreement, all directions from the Owner to the Contractor shall be made by ___________________ (the “Designer”), whose address is__________ ____________________________. No change orders shall be valid unless signed by the Designer, Town Manager, Department Director, Town Attorney and the Town Finance Officer, and, if required by Town ordinance or resolution, approved and executed by the Town Council.

Section 4. The Work will be staked out by the Contractor, as necessary, and reviewed by the Designer at the appropriate stages and times prior to placement of materials. The Contractor will be required to carefully preserve all stakes and grades until authorized to remove them. Construction staking is not a pay item.

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

Section 5. The Contractor agrees to substantially complete the Work within ______________________________ (______) calendar days following receipt of a written Notice to Proceed and to fully and finally complete the Work, including all punch list items, within ______________________________ (______) calendar days after Substantial Completion.

Furthermore, the Owner and Contractor acknowledge that because the damages and losses to the Owner in the event of the Contractor’s failure to perform the Work within the time set forth herein will be difficult to ascertain and quantify, that there will be $_______ per calendar day assessed against the Contractor as liquidated damages for losses sustained by the Owner for the Contractor’s failure to substantially complete the Work within the time established herein, and that the amount of the liquidated damages as provided herein is a reasonable estimate of the Owner’s losses. The Owner will hold retainage, in accordance with the General Conditions.

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

Section 7. The Designer, shall in all cases determine the quality and quantity of the Work, including the materials, furnished by the Contractor under this Agreement, and also shall determine all questions in relation to lines, levels, and dimensions of the work, and as to the interpretation of the plans and specifications and as to all time extension requests.

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

Section 9. The Contractor agrees that the Contractor’s Superintendent, Project Manager, or Foreman in charge of the Work or any part thereof, shall have authority to receive information or instructions regarding the Project and to act on behalf of the Contractor with respect to such information or instructions.

Section 10. The Owner may require the Contractor to furnish additional materials, and to do additional work not provided in this Agreement or in the specifications, but which may be found necessary to the proper prosecution and completion of the Work as set forth in Article 19 of the General Conditions of the Agreement (the “General Conditions”). Said General Conditions are attached hereto and incorporated by reference. No work other than that included in this Agreement shall be done and no additional material shall be furnished by the Contractor without a written Change Order or Construction Change Directive signed by the Designer, Town Manager, Town Department Director, Town Attorney and the Town Finance Officer, and, if required by ordinance or resolution, approved and executed by the Town Council. In the absence of such written Change Order or Construction Change Directive, the Contractor shall not be entitled to the payment for any additional work.

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

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

Section 12. The Contractor acknowledges and agrees that no employee of the Owner or the Designer HAS ANY POWER TO VARY THIS CONTRACT without a written Change Order or Construction Change Directive as set forth in Article 19 of the General Conditions and that any variation from this Agreement shall be at the Contractor's own risk.

Section 13. The Contractor and Owner agree that this Agreement may not be assigned or transferred, including any assignment by operation of law, without the consent of the other. The assignment or transfer, including any assignment by operation of law, of any part of the Work by the Contractor shall not in any way relieve the Contractor of the Contractor’s obligations, and the Owner will look to the Contractor, and not the subcontractor, for the faithful performance of the Work.

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

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

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

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

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

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

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

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

Section 21. The Contractor contractually agrees to administer all functions pursuant to this Contract without discrimination because of race, creed, sex, national origin, age, economic status, sexual orientation, gender identity or gender expression.

Section 22. The Contractor shall furnish the Owner certified statements setting forth the cost of the materials purchased from each vendor and the amount of North Carolina sales and use taxes paid thereon. In the event the Contractor makes several purchases from the same vendor, the Contractor’s certified statement shall indicate the invoice number, the inclusive dates of the invoices, the total amount of the invoices, and the North Carolina sales and use taxes paid thereon. The Contractor’s certified statement shall also include the cost of any tangible personal property withdrawn from the Contractor's warehouse stock and the amount of North Carolina sales or use tax paid thereon by the Contractor. The Contractor shall furnish such additional information as the Commissioner of Revenue of the State of North Carolina may require to substantiate a refund claim by the Owner for sales or use taxes. The Contractor shall obtain and furnish to the Owner similar certified statements by the subcontractors. The certified statements to be furnished shall be in the form of the standard CONTRACTOR'S SALES TAX REPORT and shall be submitted with each request for payment. The Owner will not make payment to the Contractor until the CONTRACTOR'S SALES TAX REPORTS ARE SUBMITTED. Any and all refunds received by the Owner of said taxes shall remain with the Owner, and the Contractor shall not be entitled to such refund.

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

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

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

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

Section 27. This Contract is subject to the provisions of the North Carolina General Statutes regarding the dispute resolution process. Accordingly, the following procedure shall be used to resolve any disputed issues, where the amount in controversy exceeds $10,000, arising out of this contract or the construction process thereunder. If a dispute occurs between the Owner and Contractor arising out of or relating to the Contract or an alleged breach thereof, the Owner and Contractor agree to attempt to resolve the dispute by engaging in good faith negotiations. If the dispute cannot be resolved by negotiation, the Owner and Contractor agree as a condition precedent to commencing a lawsuit to submit the dispute to non-binding mediation under the construction mediation rules of the American Arbitration Association. The parties agree to exercise good faith efforts to complete any such mediation within ninety (90) days after the demand for resolution has been delivered.

The work shall proceed as required by the contract documents during the pendency of any mediation or litigation. In the event a dispute cannot be resolved through non-binding mediation, the courts and the authorities of the State of North Carolina shall have exclusive jurisdiction over all controversies between the parties which may arise under or in relation to this Contract. Venue is properly laid in Orange County, North Carolina for any state court action and in the Middle District of North Carolina for any federal court action.

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

Section 29. Contractor’s Affidavit: The final payment of retained amount due the Contractor on account of the Contract shall not become due until the Contractor has furnished to the Owner directly or through the Designer an affidavit signed, sworn and notarized to the effect that all payments for materials, labor, services or subcontracted Work in connection with this Contract have been satisfied, and that no claims or liens exist against the Contractor in connection with this Contract.

[SIGNATURES ON FOLLOWING PAGE]

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

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

{INSERT CONTRACTOR’S FULL LEGAL NAME}

SIGNATURE PRINTED NAME & TITLE

WITNESS PRINTED NAME & TITLE

TOWN OF CHAPEL HILL

DEPARTMENT HEAD/EXECUTIVE DIRECTOR OR DEPUTY/TOWN MANAGER

PRINTED NAME & DEPARTMENT

ATTEST BY TOWN CLERK:

TOWN CLERK TOWN SEAL

Town Clerk attests date this the ______day of ___________, 20_____.

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

ATTORNEY FOR TOWN

This instrument has been pre-audited in the manner required by the Local…