CITY OF FAYETTEVILLE

INVITATION TO BID

NC VETERANS PARK PHASE II

COF 1517026

ISSUED: August 21, 2026

DUE: September 23, 2026

The City of Fayetteville is soliciting bids for Phase II of the North Carolina Veterans Park. Adjacent to the Airborne & Special Operations Museum in downtown Fayetteville, Phase II is designed to be a new passive recreation space promoting pedestrian connectivity to downtown and offering new trails & open space for hosting a range of community events.

Funding Source: Local

ISSUED BY: PRIMARY CONTACT

CITY OF FAYETTEVILLE KIMBERLY TOON, PURCHASING MANAGER

kimberlytoon@fayettevillenc.gov

Phone: (910) 433−1942 mailto:kimberlytoon@fayettevillenc.gov

INVITATION TO BID - TABLE OF CONTENTS

DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION A – PROJECT SPECIFICS

NOTICE TO BIDDERS

CITY MANAGER LETTER

SPECIAL PROVISIONS

BID FORM SUBMITTAL CHECK LIST

BID PROPOSAL PACKAGE

Bid Proposal & Schedule of Prices

List Of Subcontractors Addenda Bid Bond Non-Collusion Affidavit Debarment Statement Qualifications of Bidders (Three Project References) Certification of Finical Condition

SECTION B – CONTRACT AWARD DOCUMENTS

GENERAL CONTRACTING TERMS

GENERAL CONSTRUCITON CONTRACT

PERFORMANCE BOND

PAYMENT BOND

POWER OF ATTORNEY

CERTIFICATE(S) OF INSURANCE

NOTICE TO PROCEED

SECTION C – ADMINISTRATIVE PROVISIONS

DEFINITION OF TERMS

INSTRUCTIONS TO BIDDERS

CONTRACT REQUIREMENTS AND GENERAL

CONDITIONS

REQUIRED FORMS (POST-AWARD)

GENERAL STATUTES GUIDELINES

APPENDICES

Appendix A - DIVISION 01 (GENERAL REQUIREMENTS) &

DIVISION 02 - DIVISION 33 (TECHNICAL SPECIFICATIONS)

Appendix B - BID SET PLANS AND DRAWINGS

NOTICE TO BIDDERS

Pursuant to N.C.G.S. 143-129 sealed proposals will be received by the City of Fayetteville, until 2:00 p.m., September 23, 2026, at City Hall, 433 Hay Street, Fayetteville, North Carolina, at which time they will be considered for the purchase of the following:

NC Veterans Park Phase II

Bids may be mailed to the City Purchasing Office, Attn: Kimberly Toon, 433 Hay Street Fayetteville, NC 28301, or may be delivered in person or by express mail to 433 Hay Street, Fayetteville, NC 28301.

The bid opening will be held at 2:00 p.m. on September 23, 2026, at City Hall, 433 Hay Street, Fayetteville, NC 28301, for the project entitled, “NC Veterans Park II”

Plans, specifications and bid documents may be obtained in the Purchasing Office of the City of Fayetteville, 2nd floor, City Hall, 433 Hay Street, Fayetteville, North Carolina, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday or by email request to kimberlytoon@fayettevillenc.gov

The City reserves the right to reject any or all bids, to waive minor informalities or irregularities, and to award the contract to the lowest responsive and responsible bidder whose bid conforms to all material requirements of the Invitation to Bid.

The Bid Documents may be obtained by the following instructions posted at the following location: https://www.fayettevillenc.gov/City-

Departments/Finance/Purchasing/Bid-Opportunities

Bidders are responsible for monitoring this site for addenda and other pertinent documents.

The date that the Bidding Documents are transmitted by the Issuing Office will be considered the bidder’s date of receipt of the Bidding Documents. Partial sets of Bidding Documents will not be available from the Issuing Office. The Owner will not be responsible for full or partial sets of Bidding Documents, including Addenda, if any, obtained from sources other than the Issuing Office.

City of Fayetteville Kimberly Toon, CLGPO Purchasing Manger https://www.fayettevillenc.gov/City-Departments/Finance/Purchasing/Bid-Opportunities https://www.fayettevillenc.gov/City-Departments/Finance/Purchasing/Bid-Opportunities

SPECIAL PROVISIONS

PERFORMANCE AND DELIVERY

NC VETERANS PARK PHASE II

Bid Receipt Date: September 23, 2026, at 2 pm EST Attention: Kimberly Toon 433 Hay Street, Fayetteville, NC 28301

Optional Pre-Bid Conference: September 2, 2026, at 2:00 pm EST

433 Hay Street, Fayetteville, NC 28301

Lafayette Conference Room (1st Floor-City Hall)

Estimated Contract Duration: 190 Calendar Days

Estimated Construction Start: October 15, 2026

Estimated Construction Completion: April 23, 2027

Contract Time: 190 Calendar Days

Liquidated Damages: Time is of the essence for this project.

$1,000.00 per calendar day for each day of overrun

$1,000.00 per calendar day for each day of unauthorized suspension.

Bid Acceptance Period Ninety (90) Calendar Days unless otherwise noted

The Project scope includes: Phase II park development North of Cross Creek. Work including site grading/clearing, flatwork paving, lighting, landscape & irrigation improvements, and monumentation will be constructed with this project.

Questions regarding this bid must be submit in writing by e-mail to Ms. Kimberly Toon, City of Fayetteville, to kimberlytoon@fayettevillenc.gov no later than 5:00 pm September 9, 2026.

Bidders are expressly prohibited from contacting any City of Fayetteville official or employee associated with this Request for Proposal, except as noted above. Violation of this prohibition is grounds for the immediate disqualification of the bidder.

Work Hour Restriction: Limit work to between 7:00 a.m. to 6:00 p.m., Monday through Friday, unless otherwise indicated. Work hours may be modified to meet Project requirements if approved by Owner and authorities having jurisdiction

Bid Form Submittal Checklist

NC Veterans Park II

Included?

(Please Initial)

Name or description of form

Necessary to submit this form?

When to submit it?

Completed Proposal Package w/ acknowledgement of and addenda.

Yes With the bid

Bid Proposal & Schedule of Prices Yes With the bid

List of Subcontractors Yes With the bid

Addenda Attached Yes With the bid

Bid Bond 5% Attached Yes With the bid

Signed Non-Collusion Affidavit Yes With the bid

Certification of Primary Participant, Regarding Debarment, Suspension, and other responsibility matters

Yes With the bid

Qualifications of Bidders Yes With the bid

Certification of Financial Conditions Yes With the bid

Performance Bond / Payment Bond and Power of Attorney

Yes

With Signed Contract

Certificate of Insurance Yes With Signed Contract

If this is not submitted with the bid, you shall be deemed non-responsive.

NC Veterans Park Phase II

BID PROPOSAL PACKAGE

The undersigned hereby proposes to furnish materials and perform the work for this project per the items listed herein in strict accordance with the Standard Specifications, contained in the documents for the consideration of prices quoted for the enclosed contract items.

THE CITY RESERVES THE RIGHT TO ELIMINATE OR ADD TO THIS

CONTRACT.

IMPORTANT TAX NOTICE: Bid prices shall EXCLUDE North Carolina sales and use tax on materials that become a permanent part of this project (asphalt, concrete, aggregate, fencing, etc.), as these materials are tax-exempt pursuant to N.C. Gen.

Stat. § 105-164.14(b). Equipment rental, consumables, and temporary materials remain taxable and should be included in bid pricing. See Special Provisions for complete details.

This Bid Package is executed by:

Name Title

Company Name

Address

Email

Signature Phone No.

License # Bid Amount $

Written

ACKNOWLEDGEMENT OF ADDENDA

The Vendor has received, acknowledged, and used the following addenda in completing the Proposal. (Initial and Date as appropriate)

Addendum No. 1 Dated:

Addendum No. 2 Dated:

Addendum No. 3 Dated:

Addendum No. 4 Dated:

Bid Proposal & Schedule of Prices

Place Holder

Unit Item No. Description Unit Quantity Price Amount

BASE BID

1 Mobilization (Note: This Item may not exceed 5% of the Grand Total Bid Amount) LS 1 $______________ $____________________

2 Construction Staking and Survey LS 1 $______________ $____________________

3 Site Demolition (Existing Pavement, RCP, Masonry) LS 1 $______________ $____________________

4 Temporary Diversion Ditch LF 375 $______________ $____________________

5 Earthwork / Grading LS 1 $______________ $____________________

6 Undercut Excavation LS 1 $______________ $____________________

7 Drainage Structures (Drop Inets & Grates) EA 4 $______________ $____________________

8 Drainage Structures (Outlets) EA 2 $______________ $____________________

9 Drainage RCP - 18" LF 600 $______________ $____________________

10 Rip Rap Armoring SF 200 $______________ $____________________

11 Concrete Paving (Medium Duty) (Including base courses and sub-grade prep) SF 26,965 $______________ $____________________

Concrete Paving (Specialty Finish - Exposed Aggregate) (Including base courses and sub-grade prep)

SF 2,398 $______________ $____________________

13 Concrete Verticle Curb (Including base courses and sub-grade prep) SF 179 $______________ $____________________

14 Sand Blasted Word Inscription LS 1 $______________ $____________________

15 Flag Poles (Furnish and Install) EA 2 $______________ $____________________

16 Site Furnishing (Backed Benches) EA 11 $______________ $____________________

17 Site Furnishing (Trash Recepticles) EA 5 $______________ $____________________

18 Site Furnishig (Bike Racks) EA 14 $______________ $____________________

19 Bermuda Seed SF 296,810 $______________ $____________________

20 Topsoil Mix LS 1 $______________ $____________________

21 Electrical (Service Connection) LS 1 $______________ $____________________

22 Electrical (Pedestrian Light Pole Assemblies) EA 16 $______________ $____________________

23 Electrical (Conduit) LS 1 $______________ $____________________

BID PROPOSAL & SCHEDULE OF PRICES

VETERANS PARK PHASE II

24 Cast-in-Place Concrete Monument Sign (Furnish and Install per Sheet L-704) LS 1 $______________ $____________________

BASE BID TOTAL $____________________

BID ALTERNATE #1

Hillsboro Street Parking Lot

A1 - 25 Parking Area Grading / Earthwork LS 1 $______________ $____________________

A1 - 26 Parking Area Undercut Excavation LS 1 $______________ $____________________

A1 - 27 Concrete Vertical Curb (Including base courses and sub-grade prep) LF 366 $______________ $____________________

A1 - 28 Wheel Stops EA 35 $______________ $____________________

A1 - 29 Asphalt Paving (Heavy Duty) (Including base courses and sub-grade prep) SF 34,838 $______________ $____________________

A1 - 30 Concrete Paving (Medium Duty) (Including base courses and sub-grade prep) SF 589 $______________ $____________________

A1 - 31 Pavement Markings LF 1,782 $______________ $____________________

A1 - 32 Signage LS 1 $______________ $____________________

A1 - 33 Tactile Warning Surfacing SF 195 $______________ $____________________

A1 - 34 Bollards EA 25 $______________ $____________________

A1 - 35 Drainage Structures (Drop Inets & Grates) EA 1 $______________ $____________________

A1 - 36 Drainage Structures (Outlets) EA 1 $______________ $____________________

A1 - 37 Drainage RCP - 18" LF 117 $______________ $____________________

A1 - 38 Rip Rap Armoring SF 80 $______________ $____________________

A1 - 39 Bermuda Seed SF 18,597 $______________ $____________________

A1 - 40 Topsoil Mix (Ornamental Plant Bed) LS 1 $______________ $____________________

A1 - 41 Electrical (Parking Light Pole Assemblies ( Dual Head ) EA 1 $______________ $____________________

A1 - 42 Electrical (Parking Light Pole Assemblies ( Single Head ) EA 15 $______________ $____________________

A1 - 43 Electrical (Conduit) LS 1 $______________ $____________________

BID ALTERNATE #1 - TOTAL $____________________

BID ALTERNATE #2

Permeable Paver Application for Parking Lot

A2 - 44 Permeable Pavers (Heavy Duty) (Including base courses and sub-grade prep) SF 34,838 $______________ $____________________

A2 - 45 Concrete Paving (Medium Duty) (Including base courses and sub-grade prep) SF 589 $______________ $____________________

BID ALTERNATE #2 - TOTAL $____________________

BID ALTERNATE #3

Landscape Planting & Irrigation

A3 - 46 3" Cal. Trees (B&B) (Staked & Mulched) EA 45 $______________ $____________________

A3 - 47 2" Cal. Trees (B&B) (Staked & Mulched) EA 17 $______________ $____________________

A3 - 48 3 Gal. Shrubs (Staked & Mulched) EA 103 $______________ $____________________

A3 - 49 1 Gal. Shrubs (Staked & Mulched) EA 27 $______________ $____________________

A3 - 49 Assorted Perennials (5"-7" Pots) EA 770 $______________ $____________________

A3 - 49 Assorted Sedges SF 3,320 $______________ $____________________

A3 - 50 Irrigation Design Plans LS 1 $______________ $____________________

A3 - 51

Irrigation System (includes furnishing and installation of all necessary equipment and materials for irrigation i.e pipes, valves, connectors, heads, etc.)

LS 1 $______________ $____________________

A3 - 52 Irrigation (Tap & Meter) LS 1 $______________ $____________________

BID ALTERNATE #3 - TOTAL $____________________

BID ALTERNATE #4

Cross Creek Trails

A4 - 53 Grading / Earthwork LS 1 $______________ $____________________

A4 - 54 Undercut Excavation LS 1 $______________ $____________________

A4 - 55 Pedestrian Pavement (Light Duty Asphalt) (Including base courses and sub-grade prep) SF 8,783 $______________ $____________________

BID ALTERNATE #4 - TOTAL $____________________

10% Contingency (Base & Alts 1-4) $____________________

GRAND TOTAL BID AMOUNT $____________________

(Base & Alts 1-4)

* A contingency line item will be included with the resulting contract and purchase order for this project.

The contingency shall be used at the City's discretion and only upon written approval from the City. The amount listed as a contingency is not an obligation for payment from the City. Any unused contingency is retained by the City and is not payable to the Contractor.

LIST OF SUBCONTRACTORS

The Prime Contractor states that his Bid is based on the following Subcontractors for the categories of work listed which may exceed 5% of the Contract work; the Prime Contractor agrees that if he is the successful Bidder and if the listed Subcontractors are approved by the Owner’s Representative, he shall contract with the approved listed Subcontractors for the performance of this work.

Trade Company Name License Number

Plumbing/Irrigation Contractor

Landscape Contractor

Electrical Contractor

THIS FORM SHALL BE SUBMITTED WITH PROPOSAL

COMPANY

BIDDER’S SIGNATURE

TITLE

ADDENDA

ATTACH

BID BOND

ATTACH

NON-COLLUSION AFFIDAVIT

STATE OF NORTH CAROLINA

, being first duly sworn, deposes and says that:

1. He/She is the of , the bidder that has submitted the attached bid;

2. He/She is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid;

3. Such bid is genuine and is not a collusive or sham bid;

4. Neither the said bidder nor any of its officers, partners, owners agents, representatives, employees, parties of interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other bidder, firm or person to submit a collusive or sham bid in connection with the contract for which the attached bid has been submitted or to refrain from bidding in connection with such contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price of any other bidder or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Fayetteville or any person interested in the proposed contract; and

5. The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, or parties in interest, including this affiant.

TITLE

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

(SEAL)

Notary Public

My Commission Expires

NC VETERANS PARK PHASE II

CERTIFICATION OF PRIMARY PARTICIPANT

REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS

The Primary Participant,__________________________________________(major third party 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-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 or 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 offenses enumerated in paragraph (2) of this certification; and

4. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (If the primary participant is unable to certify to any of the statements in this certification, the participant shall attach an explanation to this certification.)

THE PRIMARY PARTICIPANT _______________________________________________CERTIFIES

OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE

STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT

THE PROVISIONS OF 31 U.S.C. SECTIONS 3801 ET. SEQ. ARE APPLICABLE THERETO.

SIGNATURE TITLE

PRINTED NAME DATE

REQUIRED CONTRACTOR CERTIFICATIONS

By submitting a bid, the Bidder certifies each of the following, and the successful Bidder shall reaffirm each certification at contract execution:

(1) E-Verify. The Bidder, and each of the Bidder's subcontractors under the resulting contract, complies with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. This certification is required by N.C.

Gen. Stat. § 143-133.3.

(2) Iran Divestment. The Bidder is not identified on the Final Divestment List or any other list of prohibited investments created by the North Carolina State Treasurer under N.C. Gen. Stat. § 147-86.58, and will not take any action causing it to appear on that list during the term of the resulting contract.

(3) Israel Boycott. The Bidder has not been designated by the North Carolina State Treasurer under N.C. Gen. Stat. § 147-86.81 as a company engaged in a boycott of Israel, and will not take any action causing it to be so designated during the term of the resulting contract.

(4) Conflict of Interest. No officer, employee, or agent of the City who exercises or has exercised any function or responsibility with respect to this project, or who is in a position to participate in a decision-making process or to gain inside information with regard to this project, has or shall have any direct or indirect personal or financial interest in the resulting contract or in the proceeds thereof. The Bidder further certifies that it has not violated N.C. Gen. Stat. § 14- 234 or § 133-32 in connection with this solicitation.

QUALIFICATIONS OF BIDDERS

In order to assist the Owner in determining whether the Bidder is qualified to perform the Work, as set forth in the Contract Documents, the Bidder shall furnish the following information as an attachment to the Bid Form to assist the owner in evaluating the Bidder’s qualifications.

Years Bidder has been in business providing similar services to that as outlined in these Bid Documents under the same business name and legal entity: ___________________________

List three (3) Project References who are qualified to judge as to the Bidder’s financial responsibility and his experience in providing similar equipment and performing work within the last five (5) years of a similar nature to that as outlined in these Bid Documents.

REFERENCE – NBR 1

RESPONSE

Client / Project

Scope of Work

Contract Value

Contact Start Date

Contract Completion Date

Valid Contact Name

Valid Contact Email

Valid Contact Phone

REFEREANCE - NBR 2

Scope

Completion Date

REFEREANCE - NBR 3

Scope

Completion Date

Bidder shall attach additional pages, if necessary, in order to complete the required information.

CERTIFICATION OF FINANCIAL CONDITION

Name of Contractor: The undersigned hereby certifies that: [check all applicable boxes]

The Contractor is in sound financial condition and, if applicable, has received an unqualified audit opinion for the latest audit of its financial statements.

Date of latest audit:

The Contractor has no outstanding liabilities, including tax and judgment liens, to the Internal Revenue Service or any other government entity.

The Contractor is current in all amounts due for payments of federal and state taxes and required employment- related contributions and withholdings.

The Contractor is not the subject of any current litigation or findings of noncompliance under federal or state law.

The Contractor has not been the subject of any past or current litigation, findings in any past litigation, or findings of noncompliance under federal or state law that may impact in any way its ability to fulfill the requirements of this Contract.

He or she is authorized to make the foregoing statements on behalf of the Contractor.

Note: This shall constitute a continuing certification and Contractor shall notify the Owner within 15 days of any material change to any of the representations made herein.

If any one or more of the foregoing boxes is NOT checked, Contractor shall explain the reason in the space below:

SECTION B – CONTRACT AWARD DOCUMENTS

CONTRACT

PERFORMANCE BOND

PAYMENT BOND

POWER OF ATTORNEY

CERTIFICATE(S) OF INSURANCE

NOTICE TO PROCEED

The City of Fayetteville General Construction Contract, in the form attached in this Section B, is the contract the successful Bidder will be required to execute.

CITY OF FAYETTEVILLE GENERAL CONTRACTING TERMS

The following General Contracting Terms will be incorporated into the Professional Services Agreement with the selected firm:

ASSIGNMENT

It is the intent of this Agreement to secure the personal services of Contractor and failure of Contractor for any reason to make the personal services available to the City of Fayetteville for the purposes described in this contract shall be cause for termination of this contract. Contractor shall not assign this contract without prior written consent of the City of Fayetteville.

GOVERNING LAW

The validity, interpretation, and execution of this contract and the performance of and rights accruing under this Contract are all to be governed by the laws of North Carolina.

COMPLIANCE WITH LAWS

Contractor agrees to comply with all applicable statutes, ordinances, and regulations of the United States, the State of North Carolina, the City and units of local government.

SEVERABILITY

The parties agree that if any provision of this contract shall be held invalid for any reason, the remaining provisions shall not be affected if they may continue to conform with the purposes of this contract and the requirements of applicable law.

DEFAULT

In the event of substantial failure by Contractor to perform in accordance with the terms of this contract, City of Fayetteville shall have the right to terminate Contractor upon ten (10) days written notice in which event Contractor shall have neither the obligation nor the right to perform further services under this contract nor shall the City of Fayetteville be obligated to make any further payment for work that has not been performed.

DIVESTMENT OF COMPANIES BOYCOTTING ISRAEL OR INVESTING IN IRAN

CERTIFICATION

Contractor certifies that: (i) it is not identified on the Final Divestment List or any other list of prohibited investments created by the NC State Treasurer pursuant to N.C.G.S. 147-86.58; (ii) it has not been designated by the NC State Treasurer pursuant to N.C.G.S. 147-86.81 as a company engaged in the boycott of Israel ((i) and (ii) to be collectively referred to as “FD Lists”); and (iii) it will not take any action causing it to appear on the Treasurer’s FD Lists created by the NC State Treasurer during the term of this Contract.

By signing this Contract, Contractor further agrees, as an independent obligation, separate and apart from this Contract, to reimburse the City for any and all damages, costs and attorneys’ fees incurred by the City in connection with any claim that this Contract or any part thereof is void due to Contractor appearing on the Treasurer’s FD Lists at any time before or during the term of this Contract.

E-VERIFY

Contractor hereby acknowledges that “E-Verify” is the federal E-Verify program operated by the US Department of Homeland Security and other federal agencies which is used to verify the work authorization of newly hired employees pursuant to federal law and in accordance with Article 2, Chapter 64 of the North Carolina General Statutes. Contractor further acknowledges that all employers, as defined by Article 2, Chapter 64 of the North Carolina General Statutes, must use E-Verify and after hiring an employee to work in the United States, shall verify the work authorization of the employee through E-Verify in accordance with NCGS §64-26(a). Contractor hereby pledges, attests and warrants through execution of this Agreement that Contractor complies with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes and further pledges, attests and warrants that any subcontractors currently employed by or subsequently hired by Contractor shall comply with any and all E-Verify requirements. Failure to comply with the above requirements shall be considered a breach of this Agreement.

FORCE MAJEURE

Neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by an act of war, hostile foreign actions, adverse governmental actions, nuclear explosion, earthquake, hurricane, tornado, or other catastrophic natural event or act of God.

MORALITY CLAUSE

If, in the sole opinion of the City, at any time Contractor any of its owner(s) or employee(s) or agent(s) (collectively referenced as an “Actor”) engages in any one or more of the actions below, the City may immediately upon written notice to Contractor, terminate this Agreement, in addition to any other rights and remedies that the City may have hereunder or at law or in equity:

1. bring disrepute, contempt, scandal, or public ridicule to the Actor;

2. subject the Actor to prosecution;

3. offend the community or public morals/decency;

4. denigrate individuals or groups in the community served by the City;

5. is scandalous or inconsistent with community standards or good citizenship;

6. adversely affect the City’s finances, public standing, image, or reputation;

7. is embarrassing or offensive to the City or may reflect unfavorably on the City; and,

8. is derogatory or offensive to one or more employee(s) or customer(s) of the City.

NON-APPROPRIATION

Notwithstanding any other provisions of this contract, the parties agree that payments due hereunder from the City are from appropriations and monies from the City Council and any other governmental entities. In the event sufficient appropriations or monies are not made available to the City to pay the terms of this agreement for any fiscal year, this contract shall terminate immediately without further obligation of City.

INDEMNIFICATION

To the extent permitted by law, the Contractor agrees to defend, indemnify and hold harmless the City, its elected officials, employees, agents, successors, and assigns, from any and all liability and claims for any injury or damage caused by any act, omission or negligence of the Contractor, its agents, servants, employees, contractors, licensees, or invitees. Indemnification of the City by the Contractor does not constitute a waiver of the City’s governmental immunity in any respects under North Carolina law.

Contractor assumes entire responsibility and liability for losses, expenses, demands and claims in connection with or arising out of any injury, or alleged injury (including death) to any person, or damage, or alleged damage, to property of the City or others sustained or alleged to have been sustained in connection with or to have arisen out of or resulting from the negligence of the Contractor, his Subcontractor, agents, and employees, in the performance of the work/service set forth in the Standard Specifications and Special Provisions, and any changes, addenda, or modifications including losses, expenses or damages sustained by the City, and agrees to indemnify and hold harmless the City, its officials, employees or volunteers from any and all such losses, expenses, damages, demands and claims and agrees to defend any suit or action brought against them, or any of them, based on any such alleged injury or damage, and to pay all damages, cost and expenses in connection therewith or resulting therefrom. As an integral part of this Agreement, Contractor agrees to purchase and maintain during the life of this

Agreement contractual liability insurance in the amount required in the general liability insurance requirements and to furnish proper evidence thereof. Indemnification by the Contractor does not constitute a waiver of the City’s governmental immunity in any respect under North Carolina law.

TERMINATION FOR CAUSE

In the event of substantial failure by Contractor to perform in accordance with the terms of this contract, City of Fayetteville shall have the right to terminate Contractor upon ten calendar (10) days written notice in which event Contractor shall have neither the obligation nor the right to perform further services under this contract nor shall the City of Fayetteville be obligated to make any further payment for work that has not been performed. Contractor shall provide to the City of Fayetteville all reports, surveys or other related documents upon the City’s request.

TERMINATION FOR CONVENIENCE

Upon thirty (30) calendar days’ written notice to Contractor, the City of Fayetteville may, without cause and without prejudice to any other right or remedy legally available to the City of Fayetteville, terminate this Contract. Upon such notice, Contractor shall have neither the obligation nor the right to perform services under this contract nor shall the City of Fayetteville be obligated to make any further payment for work that has not been performed in accordance with the terms stated herein. In such case of termination, Contractor shall be paid for the completed and accepted work executed in accordance with this Contract prior to the written notice of termination. Additionally, upon mutual agreement, Contractor may be paid for any completed and accepted work which takes place in order to achieve a specifically identified item in the scope of services or a milestone of the Contract, between the written notice of termination and the effective date of termination. Unless otherwise stated or agreed upon, the effective date of termination shall automatically occur 30 days after the written notice is sent by the City of Fayetteville. Contractor shall provide to the City of Fayetteville all reports, surveys or other related documents upon the City’s request.

TERMINATING ILLEGAL DISCRIMINATION CERTIFICATION: Contractor certifies that: (i) it does not operate any DEI programs that violate any applicable Federal anti-discrimination laws, (ii) it is compliant in all respects with all applicable Federal anti-discrimination laws material to the government’s payment decisions, and (iii) agrees that, if a violation of this certification is found, could lead to liability under the False Claims Act. By signing this Agreement, Contractor further agrees, as an independent obligation, separate and apart from this Agreement, to reimburse the City for any and all damages, costs and attorneys’ fees incurred by the City in connection with any claim that this Agreement or any part thereof is void due to Contractor’s noncompliance with this certification at any time before or during the term of this Agreement.

SURVIVAL OF TERMS

All warranties, covenants, and representations contained within this contact and all applicable work authorizations, if any, shall continue in full force and effect for three (3) years after the execution and delivery of the final product, act, or service taken in furtherance of this contract. Survivability shall not be impacted, or otherwise shall not be rendered null or void, by the termination or natural expiration of this contract or other applicable work undertaken in furtherance of this contract.

VENUE AND FORUM SELECTION

The Parties expressly agree that if litigation is brought in connection with this contract and (1) the litigation proceeds in the Courts of the State of North Carolina, the parties agree that the appropriate venue shall be in Cumberland County (Fourteenth Judicial District of North Carolina); or (2) the litigation proceeds in a federal court, the parties agree that the appropriate venue shall be the United States District Court for the Eastern District of North Carolina.

INDEPENDENT CONTRACTOR

Contractor is an Independent Contractor and shall undertake performance of the services pursuant to the terms of this Agreement as an Independent Contractor. Contractor shall be wholly responsible for the methods, means and techniques of performance. City shall have no right to supervise methods and techniques of performance employed by Contractor but City shall have the right to observe such performance.

AMENDMENT

The City and Contractor may, from time to time, request changes in services to be performed by Contractor.

Any such changes that are mutually agreed upon by the City and Contractor shall be incorporated herein by written amendment to this Agreement. It is mutually agreed and understood that no alteration or validation of the terms of this Agreement shall be valid unless made in writing and signed by the Parties hereto, and that any oral understanding or agreements not incorporated herein, unless made in writing and signed by the Parties hereto, shall not be binding.

ENTIRE AGREEMENT

Agreement constitutes the entire agreement between the Parties. Any proposed change to this Agreement shall be submitted to the City for its prior approval. No modification, addition, deletion, etc., to this Agreement shall be effective unless and until such changes are reduced to writing and executed by the authorized officers of each Party.

Contractor Name (Print)

Contractor Signature

Date of Signature

GENERAL CONSTRUCTION CONTRACT

This Contract is issued for a project funded with City General Fund or other local funds. Federal contract provisions, including Davis-Bacon prevailing wage requirements, Buy America and Build America, Buy America requirements, and federal civil rights and disadvantaged business enterprise certifications, do not apply to this Contract. If federal funding is added to this project by amendment, the applicable federal provisions shall be incorporated by written amendment before any federally funded work is performed.

Project Name/Description:

Site Address:

City Department:

Vendor Name:

Total Contract Amount: $ Funding Source (General Fund / Local Funds):

Fund / Account No.:

Bid Proposal Date:

Council Approval Date:

Contract Start Date:

Projected Completion Date:

Contract Time (Calendar Days):

Liquidated Damages — Delay (per day):

Liquidated Damages — Unauthorized Suspension (per day):

This contract (“Contract”) is made this xx day of Month of 2026 by Company Name hereinafter called Contractor, and the City of Fayetteville, North Carolina, hereinafter called City.

Collectively, Contractor and City shall be referred to as Parties.

WITNESSETH

WHEREAS, a Contract for Construction Project Name has recently been awarded to Contractor by City for $ - TBD 00,000.00, a sum equal to the aggregate cost of the work to be done and for labor, materials, equipment, apparatus, and supplies furnished at the prices and rates respectively named in the Proposal/Bid attached herewith as Exhibit 1;

AND WHEREAS, it was provided in said Award that a formal contract would be executed by and between Contractor and City, evidencing the terms of said Award, and agreement on a date to be specified in a written order of City and would complete all work as outlined under Special Provisions and Standard Specifications (Exhibit 2) and would complete all work as required within the schedule as shown in the Special Provisions.

NOW, THEREFORE, Contractor does hereby covenant and agree with City that it will faithfully perform and execute such work and furnish such labor, materials, equipment, apparatus and supplies, in accordance with each and every one of the conditions, covenants, stipulations, terms, and provisions contained in said Specifications and Provisions and in accordance with the Plans, at and for a sum equal to the aggregate cost of the work done and labor, materials, equipment, apparatus and supplies furnished at the prices and rates respectively named therefore in the proposal attached thereto, and will well and faithfully comply with and perform each and every obligation imposed upon it by said Plans and Specifications and the terms of said Award.

ARTICLE 1: PAYMENT OBLIGATIONS

Contractor shall promptly make payments to all persons supplying materials in the execution of the work and to all laborers and others employed thereon.

Contractor shall furnish with each pay application on City provided forms, beginning not later than the second application for payment, an affidavit certifying the total cost of materials and North Carolina Sales Tax paid on such materials which are included in the application for payment.

ARTICLE 2: CONTRACTOR RESPONSIBILITIES AND LIABILITY

2.1 Property Damage

Contractor shall be responsible for all damages to property of the City of Fayetteville, North Carolina, that may be consequent upon the normal procedure of its work or that may be caused by or result from the negligence of Contractor, its employees or agents, during the progress of or connected with the execution of the work, whether within the limits of the work or elsewhere.

Contractor must restore all property so injured to a condition as good as it was when Contractor entered upon the work.

2.2 General Liability

Contractor shall furthermore be responsible for and required to make good at its expense any and all damages of whatever nature to persons or property arising during the period of the Contract, caused by carelessness, neglect, or want of due precaution on the part of Contractor, its agents, employees or workmen.

2.3 Indemnification

To the extent permitted by law, Contractor shall indemnify and save harmless the City of Fayetteville, North Carolina, and the officers and agents thereof from all claims, suits, and proceedings of every name and description which may be brought against the City of Fayetteville, North Carolina, or the officers and agents thereof, for or on account of any injuries or damages to persons or property received or sustained by any person or persons, firm or corporation, or by or in consequence of any materials used in said work or by or on account of any improper material or workmanship in its construction, or by or on account of any accident, or of any other act or omission of Contractor, its agents, employees, servants or workmen.

Contractor assumes entire responsibility and liability for losses, expenses, demands and claims in connection with or arising out of any injury, or alleged injury (including death) to any person, or damage, or alleged damage, to property of the City or others sustained or alleged to have been sustained in connection with or to have arisen out of or resulting from the negligence of the Contractor, its subcontractors, agents, and employees, in the performance of the work/service set forth in the Standard Specifications and Special Provisions, and any changes, addenda, or modifications including losses, expenses or damages sustained by the City, and agrees to indemnify and hold harmless the City, its officials, employees or volunteers from any and all such losses, expenses, damages, demands and claims and agrees to defend any suit or action brought against them, or any of them, based on any such alleged injury or damage, and to pay all damages, cost and expenses in connection therewith or resulting therefrom.

Indemnification by the Contractor does not constitute a waiver of the City's governmental immunity in any respect under North Carolina law.

Consistent with N.C. Gen. Stat. § 22B-1(d), Contractor's indemnification obligation under this Section includes attorneys' fees, litigation and arbitration expenses, and court costs actually incurred by the City to defend against third-party claims asserted in any court, tribunal, or alternative dispute resolution proceeding required of the City by law or by contract, where the fault of Contractor or its derivative parties is a proximate cause of those fees, expenses, or costs.

Notwithstanding the foregoing, and pursuant to N.C. Gen. Stat. § 22B-1, Contractor's indemnification obligations under this Section shall not extend to liability for damages arising out of bodily injury to persons or damage to property proximately caused by or resulting from the negligence, in whole or in part, of the City, its independent contractors, agents, employees, or indemnitees, and shall apply only to the extent the fault of Contractor or its derivative parties is a proximate cause of the loss, damage, or expense indemnified.

2.4 Subcontracts and Contingent Assignment

2.4.1 Subcontractual Relations and Flow-Down

(a) By appropriate written agreement, Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to Contractor by the terms of the Contract Documents and to assume toward Contractor all obligations and responsibilities, including responsibility for safety, that Contractor assumes toward City under the Contract Documents. Each subcontract agreement shall preserve and protect City's rights under the Contract Documents with respect to the Work to be performed by the Subcontractor. Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors.

(b) All subcontracts shall include substantially the following provisions:

1. Flow-Down of Terms. To the extent of the work to be performed by Subcontractor: (A) Subcontractor is bound to Contractor by the terms of the Contract between City and Contractor, and (B) Subcontractor assumes toward Contractor all obligations and responsibilities that Contractor assumes toward City under the Contract. City's rights under the Contract with respect to the Work to be performed by Subcontractor are preserved and protected. City is an intended third-party beneficiary of this subcontract.

2. Obligation to Continue Performance. If Contractor is terminated by City, and even if Contractor defaults in a manner that would give Subcontractor the right to terminate this subcontract, Subcontractor agrees that upon written request by City, a substitute contractor, or any surety obligated under bonds relating to the Contract, Subcontractor will continue to perform its obligations under this subcontract on the same terms and conditions for and on account of City, such substitute contractor, or the surety. If requested, Subcontractor will execute a separate document evidencing this commitment. Assignment is subject to the prior rights of the surety. City shall be responsible to Subcontractor only for those obligations of Contractor that accrue after City exercises rights under this provision.

2.4.2 Contingent Assignment of Subcontracts

(a) Assignment to City. Each subcontract agreement for a portion of the Work is hereby assigned by Contractor to City, subject to the following conditions:

1. Effectiveness. Assignment becomes effective only upon: a) Termination of this Contract by City for cause pursuant to 23.2; and b) City's written acceptance of the specific subcontract(s) by notice to Contractor and the affected Subcontractor(s).

2. Surety Priority. Assignment is subject to the prior rights of any surety obligated under payment and performance bonds provided pursuant to N.C. Gen. Stat. § 44A-26.

(b) City's Rights Upon Assignment. Upon accepting assignment of a subcontract, City assumes Contractor's rights and obligations under that subcontract. City may further assign the subcontract to a successor contractor but shall remain legally responsible for the successor contractor's obligations.

(c) Equitable Adjustment. If work under an assigned subcontract has been suspended for more than thirty (30) days following Contract termination, the Subcontractor's compensation shall be equitably adjusted for any increase in direct costs resulting from the suspension.

(d) Production of Subcontract Documents. Upon City's request at any time, Contractor shall promptly provide complete copies of all subcontract agreements, purchase orders, and related documents, including all terms, conditions, pricing, and delivery schedules.

2.5 Royalties, Licenses, and Patents

Contractor shall pay all royalties and license fees required on account of patented articles, materials, or processes used in the Work, whether or not the patent rights are evidenced in the Contract Documents. Contractor shall promptly notify the City in writing of any claim of patent infringement arising in connection with the Work. Contractor shall defend, indemnify, and hold harmless the City, its officials, employees, and volunteers from any claim, suit, loss, or expense arising out of infringement of any patent, copyright, trademark, or other intellectual property right by reason of the Work, except to the extent the infringement arises from a particular design, process, or product specified by the City.

ARTICLE 3: CONTRACTOR LICENSES, PERMITS, AND REGULATORY

COMPLIANCE

3.1 North Carolina General Contractor License

Contractor warrants and certifies that it possesses a valid and current North Carolina General Contractor License issued by the North Carolina Licensing Board for General Contractors (NCLBGC) as required by N.C. Gen. Stat. § 87-1 et seq.

3.1.1 License Classification

Contractor's license classification is: Building Contractor (Building Contractor / Residential Contractor / Specialty Contractor / Highway Contractor / Public Utilities Contractor)

3.1.2 License Limitation

Contractor's license limitation is: TBD - Verify (Limited / Intermediate / Unlimited)

• Limited License: Projects up to $750,000

• Intermediate License: Projects up to $1,500,000

• Unlimited License: No monetary restrictions

Contractor certifies that the contract amount does not exceed the monetary limitation of its license.

3.1.3 License Number and Qualifier

• North Carolina General Contractor License Number: TBD – L.0000

• Qualifying Party Name: Full Name of Individual

• Qualifier License Number: TBD - Q.0000

3.1.4 Maintenance of License

Contractor shall maintain its General Contractor License in good standing throughout the duration of this Contract. Contractor shall immediately notify the City of any suspension, revocation, or limitation placed on its license. Failure to maintain a valid license shall constitute a material breach of this Contract and grounds for immediate termination.

3.2 Specialty Trade Licenses

In addition to the General Contractor License, Contractor shall ensure that all work requiring specialty trade licenses is performed by properly licensed contractors, including but not limited to:

(a) Electrical Work: All electrical work shall be performed by contractors licensed by the North Carolina Board of Examiners of Electrical Contractors;

(b) Plumbing, Heating, and Fire Sprinkler Work: All plumbing, HVAC, and fire sprinkler work shall be performed by contractors licensed by the North Carolina State Board of Examiners of Plumbing, Heating, and Fire Sprinkler Contractors;

(c) Other Specialty Contractors: All other specialty work shall be performed by appropriately licensed contractors as required by North Carolina law.

3.3 Corporate Registration Requirements

If Contractor is a corporation, Contractor certifies compliance with the following:

(a) In-State Corporations: Contractor has provided proof of registration via Articles of Incorporation filed with the North Carolina Secretary of State;

(b) Out-of-State Corporations: Contractor has obtained and provided a Certificate of Authority from the Corporations Division of the NC Secretary of State to transact business in North Carolina;

(c) Annual Reports: Contractor agrees to maintain current corporate status by filing annual reports with the North Carolina Secretary of State as required by law.

3.4 Building Permits and Inspections

3.4.1 Permit Responsibility

Contractor shall obtain and pay for all building permits, trade permits, and other permits required by local, state, and federal authorities having jurisdiction over the work. Contractor shall not commence work until all required permits have been obtained and posted at the work site.

3.4.2 Permit Posting

All permits shall be prominently displayed at the work site and shall remain posted throughout the duration of construction.

3.4.3 Inspection Scheduling

Contractor shall schedule all required inspections with the appropriate authorities in a timely manner to avoid delays in the work. Contractor shall be present or have a qualified representative present for all inspections.

3.4.4 Compliance with Code Requirements

All work shall comply with:

• North Carolina State Building Code

• North Carolina Residential Building Code (if applicable)

• All applicable local building codes and ordinances

• All applicable federal regulations

3.4.5 Certificate of Occupancy

Contractor shall obtain all required Certificates of Occupancy or Certificates of Completion from the appropriate authorities prior to requesting Final Completion under this Contract.

3.5 Professional Registration

Any design work, engineering work, or…