00490_Addendum No 2_withAttachments.pdf

Raleigh Water 00490-2-1 Addendum No. 2

LARGE DIAMETER VALVE REPLACEMENTS

CITY OF RALEIGH

RALEIGH, NORTH CAROLINA

SUBJECT: ADDENDUM NO. 2 MAY 16, 2025

To the Plans and Specifications for:

Large Diameter Valve Replacements Raleigh, N.C.

To: PROSPECTIVE BIDDERS AND OTHER CONCERNED PARTIES

This ADDENDUM forms a part of the Contract Documents and modifies the original Bidding Documents as noted below. Bidders shall acknowledge receipt of the ADDENDUM in the space provided on the Bid Form. Failure to do so may subject the Bidder to Disqualification.

A. Contract Requirements

1. Document 00410, Bid Form

a. Replace in its entirety with the attached 00410 Bid Form (Rev. 1).

B. Contract Requirements

1. Document 00520, Agreement

a. Replace in its entirety with the attached 00520 Agreement (Rev. 1).

C. Technical Specification Requirements

1. Section 01 22 00, Unit Prices

a. Remove “ALTERNATE NO. 1,” from the heading of subparagraph 1.05.A.9 and replace it with “BID”, to read as follows:

9. 16” Insertion Valve (BID ITEM A1-2) b.Remove the number “6” from the heading of subparagraph 1.05.A.11 and replace it with “2a”, to read as follows:

11. Temporary Water System (BID ITEM 2a)

c. Remove “A3-4” from the heading of subparagraph 1.05.B.6 to read as follows:

6. 1.5” Asphalt Roadway Mill (BID ITEMS 10, A1-6, & A2-5)

d. Remove the number “7” from the heading of subparagraph 1.05.B.7 and replace it with “12” to read as follows:

7. Traffic Control (BID ITEM 12)

e. Remove “A1-12” from the heading of subparagraph 1.05.B.8 and replace it with “A1-7” to read as follows:

8. Traffic Control (BID ITEM A1-7)

Raleigh Water 00490-2-2 Addendum No. 2

Bids will be received until 2:00 PM, May 22, 2025.

FOR THE OWNER

CJS Conveyance, PLLC

END OF DOCUMENT

CourtneyGamble Snapshot

City of Raleigh 00410-1 Bid Form (Rev. 1)

BID FORM (REV. 1)

PROJECT: Large Diameter Valve Replacements

CITY BID NO.: 274-LVR1

BID FROM:

TABLE OF CONTENTS

Page

Article 1 – Bid Recipient

Article 2 – Bidder’s Acknowledgements

Article 3 – Bidder’s Representations

Article 4 – Bidder’s Certification

Article 5 – Basis of Bid

Article 6 – Time of Completion

Article 7 – Attachments to This Bid

Article 8 – Defined Terms

Article 9 – Bid Submittal

ARTICLE 1 – BID RECIPIENT

1.01 This Bid is submitted to:

Julie R. Parham, P.E.

City of Raleigh, Raleigh Water One Exchange Plaza, Suite 620 Raleigh, North Carolina 27601

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2 – BIDDER’S ACKNOWLEDGEMENTS

2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 120 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

City of Raleigh 00410-2 Bid Form (Rev. 1)

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.01 In submitting this bid, bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, other related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged:

No. _________, dated _____________________

No. _________, dated _____________________

No. _________, dated _____________________

No. _________, dated _____________________

No. _________, dated _____________________

B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in Supplemental Conditions - 5.02 as containing reliable Technical Data, and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in SC-5.06 as containing reliable Technical Data.

E. Bidder has considered the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific sequences of construction expressly required by the Bidding Documents;

and (3) Bidder’s safety precautions and programs.

F. Based on the information and observations referred to in Paragraph 3.01.E above, Bidder does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents.

G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents.

H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder.

I. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted.

City of Raleigh 00410-3 Bid Form (Rev. 1)

ARTICLE 4 – BIDDER’S CERTIFICATION

4.01 Bidder certifies that:

A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation;

1. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid;

2. Bidder has not solicited or induced any individual or entity to refrain from bidding; and

3. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.A:

a. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process;

b. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

c. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and

d. coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

ARTICLE 5 – BASIS OF BID

5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s):

A. For Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in the Bid Schedule below.

THIS AREA INTENTIONALLY LEFT BLANK

City of Raleigh 00410-4 Bid Form (Rev. 1)

UNIT PRICE BASE BID SCHEDULE

Item No.

Description Unit Estimated Quantity

Bid Unit Price

Extended Bid Price

1. Ashe at Pullen Park Valve Assembly LS 1

2. Western at Pullen Park Valve Assembly LS 1

2a. Temporary Water System LS 1

3. Kilgore & Latta Valve Assembly LS 1

4. 16” Valve Removal EA 1

5. 16” Line Stop EA 2

6. Sidewalk Repair SY 20

7. Concrete Curb Repair LF 40

8. S9.5N Surface Course Pavement Repair TON 15

9. B25.0 Base Course Pavement Repair TON 80

10. 1.5” Asphalt Roadway Mill SY 210

11. Select Backfill CY 15

12. Traffic Control LS 1

13. Erosion Control LS 1

14.

Allowance for 3rd Party Vibration Monitoring and Compaction Testing

$10,000 $10,000

15. Contingency Allowance -- -- $50,000 $50,000

16. Mobilization (Max. 5% of Total Base Bid) LS 1

TOTAL BASE BID PRICE (Sum of Items 1 through 16) $

ADD ALTERNATE NO. 1 BID SCHEDULE

Item No.

Description Unit Estimated Quantity

Bid Unit Price

Extended Bid Price

A1-1. Gorman & Western Valve Assembly LS 1

A1-2. 16” Insertion Valve EA 1

A1-3. 8” Valve Replacement EA 1

A1-4. S9.5N Surface Course Pavement Repair TON 15

A1-5. B25.0 Base Course Pavement Repair TON 65

A1-6. 1.5” Asphalt Roadway Mill SY 670

A1-7. Traffic Control LS 1

A1-8. Erosion Control LS 1

A1-9. Mobilization (Max. 5% of Total Alt 1 Bid) LS 1

TOTAL ADD ALTERNATE NO. 1 PRICE (Sum of Items A1-1 through A1-9) $

City of Raleigh 00410-5 Bid Form (Rev. 1)

ADD ALTERNATE NO. 2 BID SCHEDULE

Item No.

Description Unit Estimated Quantity

Bid Unit Price

Extended Bid Price

A2-1. Six Forks at Dublin Valve Assembly LS 1

A2-2. 16” Valve Removal EA 1

A2-3. S9.5N Surface Course Pavement Repair TON 10

A2-4. B25.0 Base Course Pavement Repair TON 50

A2-5. 1.5” Asphalt Roadway Mill SY 540

A2-6. Traffic Control LS 1

A2-7. Erosion Control LS 1

A2-8. Mobilization (Max. 5% of Total Alt 2 Bid) LS 1

TOTAL ADD ALTERNATE NO. 2 PRICE (Sum of Items A2-1 through A2-8) $

ADD ALTERNATE NO. 3 BID SCHEDULE

Item No.

Description Unit Estimated Quantity

Bid Unit Price

Extended Bid Price

A3-1. Hillsborough at Turner Valve Assembly LS 1

A3-2. S9.5N Surface Course Pavement Repair TON 8

A3-3. B25.0 Base Course Pavement Repair TON 32

A3-4. Traffic Control LS 1

A3-5. Erosion Control LS 1

A3-6. Mobilization (Max. 5% of Total Alt 3 Bid) LS 1

TOTAL ADD ALTERNATE NO. 3 PRICE (Sum of Items A3-1 through A3-6) $

City of Raleigh 00410-6 Bid Form (Rev. 1)

5.02 Bidders are hereby notified that GS 143-128(d), requires all bidders on single prime projects to identify on their Bid form the contractors they have selected for the subdivisions for branches of work for (1) HVAC, (2) Plumbing, (3) Electrical, and (4) General. Accordingly, bidder shall list below applicable selected contractors for the following branches of work (write “N/A” if not applicable or self-performed).

HVAC _____________________________________ ________________________

Name License No.

Plumbing ____________________________________ ________________________

Name License No.

Electrical ____________________________________ ________________________

Name License No.

General _____________________________________ ________________________

Name License No.

A. Unit Prices have been computed in accordance with Paragraph 13.03.B of the General Conditions.

B. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents.

C. Bidder acknowledges that the rights of the Owner and the recommendations of the Engineer are not to be questioned in the Award of Contracts.

D. Bidder acknowledges that it is the intention of the Mayor and City Council to let contracts on a basis of the Bids received in accordance with GS 143-129 and in such manner as they deem to be for the best interests of the Owner.

E. Bidder acknowledges that the Owner reserves the right to accept or reject any or all bids and to waive any informalities in the bidding.

F. Bidder acknowledges that should the total bid exceed the funds available to construct the project, the Owner reserves the right to reduce the scope of work from the project by deleting certain lump sum or unit price bid items prior to awarding the contract to bring the project within the funds available.

G. Bidder acknowledges that if this contract is awarded, Bidder must, with every pay request, furnish to the Public Utilities Director of the City of Raleigh an accurate itemized statement of North Carolina Sales Taxes paid on materials, supplies, equipment, and other items charged to this contract, and otherwise fully comply with the “Procedure for Reporting North Carolina Sales Tax Expenditures.”. A sales tax form must be submitted even if there is no sales tax incurred.

H. Bidder agrees to begin work within 10 days from the date of the Notice to Proceed.

I. Bidder agrees that should the Owner reduce the scope of work by 25% or less of the Total Bid price prior to award of the contract, the lump sum and the unit price on all bid items shall remain unchanged.

J. Bidder agrees that in the case of failure on his part to execute the said Contract and the Bonds within 15 consecutive calendar days after written notice being given of the award of the Contract, the check, cash or Bid Bond accompanying this Bid shall be paid into the funds of the Owner’s

City of Raleigh 00410-7 Bid Form (Rev. 1)

Account set aside for this Project, as liquidated damages for such failure; otherwise the check, cash or Bid Bond accompanying this Bid shall be returned to the Bidder.

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

ARTICLE 6 – TIME OF COMPLETION

6.01 Bidder agrees that the Base Bid Work will be substantially complete within 150 calendar days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and will be completed and ready for final payment in accordance with Paragraph 15.06.B of the General Conditions within 180 calendar days after the date when the Contract Times commence to run. If the Owner awards the Add Alternate No. 1 Bid, an additional 60 consecutive calendar days will be added to the Base Bid substantial and final completion periods. If the Owner awards the Add Alternate No. 2 Bid, an additional 60 consecutive calendar days will be added to the Base Bid substantial and final completion periods. If the Owner awards the Add Alternate No.

3 Bid, an additional 30 consecutive calendar days will be added to the Base Bid substantial and final completion periods.

6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the Contract Times. This amount is agreed upon as the proper measure of liquidated damages the Owner will sustain, per day, by the failure of the undersigned to complete the work, within the stipulated time, and it is not to be construed, in any sense, as a penalty.

ARTICLE 7 – ATTACHMENTS TO THIS BID

7.01 The following documents are submitted with and made a condition of this Bid:

A. Required Bid security in the form of a Bid Bond or Certified Check (Section 00430);

B. In accordance with GS 143-128.2(c), Bidder shall identify on its bid the minority businesses that it will use on the project and the total dollar value of the bid that will be performed by the minority businesses and list the good faith efforts (Affidavit A) made to solicit participation. A Bidder that will perform all of the work with its own workforce may submit an Affidavit B to that effect in lieu of the Affidavit A required above.

1. Acknowledgement of MWBE Policy (Section 00440);

2. Identification of Minority Business Participation (Section 00440), and;

3. Affidavit A, Listing of Good Faith Effort, or Affidavit B, Intent to Perform Contract with Own Workforce (Section 00440).

C. Contractor’s Certificates, Affidavit of Organization and Authority of Sworn Statement (Section 00441);

D. City of Raleigh – Contractor’s Poor Performance Policy (Section 00442);

E. Non-Collusive Affidavit (Section 00443);

F. Notice to Contractor Regarding Intrusions Beyond Project Limits (Section 00444);

G. Evidence of authority to do business in the state of the Project (i.e., copy of contractor’s license);

City of Raleigh 00410-8 Bid Form (Rev. 1)

7.02 Submit the Bidder’s Checklist as provided in the bidding documents with the bid submittal. The Checklist shall be completed and included as the first page of the submittal.

7.03 After the bid opening the Owner will consider all bids and alternates and determine the lowest responsible, responsive bidder. Upon notification of being the apparent low Bidder, the Bidder shall then file within 72 hours of the notification of being the apparent lowest bidder, the following:

A. An Affidavit (C) that includes a description of the portion of work to be executed by minority businesses, expressed as a percentage of the total contract price, which is equal to or more than the goal established by the Owner and indicated in the Instruction to Bidders, paragraph Minority Participation Goals. This affidavit shall give rise to the presumption that the bidder has made the required good faith effort; or, B. Affidavit (D) of its good faith effort to meet the goal. The document must include evidence of all good faith efforts that were implemented, including any advertisements, solicitations and other specific actions demonstrating recruitment and selection of minority businesses for participation in the contract.

7.04 Bidder understands that if this Bid is accepted by the Owner, Bidder shall not substitute for the subcontractors named in the Bid Documents except as allowed in the Supplementary Conditions.

ARTICLE 8 – DEFINED TERMS

8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions.

City of Raleigh 00410-9 Bid Form (Rev. 1)

ARTICLE 9 – BID SUBMITTAL

9.01 Bidder’s License

A. Number: _________________________________

B. Classification: _________________________________

C. Limitation: ________________________________

D. Employer’s Tax ID No.: _________________________________

E. Business Address: _________________________________

F. Phone No.: ___________________________ Fax No.:___________________________

G. Contact Person: _______________________ E-mail Address: _____________________

H. Phone No. w/ Ext.: ___________________________

9.02 This Bid is submitted by:

If Bidder is:

An Individual

Name (typed or printed): ____________________________________________

By: ____________________________________________

(Individual’s signature)

Doing business as: ____________________________________________

A Partnership Partnership Name: ____________________________________________

The Organization and Internal Affairs of the Partnership are governed by the laws of the State of: ____________________________________________

By: ________________________________________________________

(Signature of general partner -- attach evidence of authority to sign)

Name (typed or printed): ____________________________________________

Title (typed or printed): ____________________________________________

Attest: ____________________________________________

(Signature of Corporate Secretary)

City of Raleigh 00410-10 Bid Form (Rev. 1)

A Corporation

Corporation Name: ____________________________________________ (SEAL)

State of Incorporation: ____________________________________________

Type (General Business, Professional, Service, Limited Liability): ________________________

By: ________________________________________________________

(Signature -- attach evidence of authority to sign)

Name (typed or printed): ________________________________________________________

Title (typed or printed): ________________________________________________________

(CORPORATE SEAL)

Attest: ________________________________________________________

(Signature of Corporate Secretary)

Date of Qualification to do business in North Carolina is ____/____/____.

Limited Liability Company - LLC

Name of LLC: ________________________________________________________

Name of State under whose Laws the Limited Liability Company was formed:

By: ________________________________________________________

(Signature of Manager)

Name (typed or printed): ________________________________________________________

Title (typed or printed): ________________________________________________________

City of Raleigh 00520-1 Agreement (Rev.1)

AGREEMENT (REV. 1)

INSTRUCTIONS TO CONTRACTORS AND

REQUIREMENTS AS TO FORM FOR CITY OF RALEIGH, NC AGREEMENTS

DO NOT REMOVE FROM AGREEMENT

Please observe the following in executing the attached Contract:

1. The Owner may enter into an Agreement with three types of legal entities.

(a) If the Agreement is with an individual, that individual should sign the Agreement exactly as his name is set out. If the Agreement is with an individually-owned business, the Agreement should be with the individual owner, and not the named business.

(b) Execution on behalf of a corporation should be by an authorized corporate officer, with a second corporate officer signing to attest, with the corporate seal affixed. An official other than a corporate officer should attach documentation of their authority to execute and bind the company.

(c) If the Agreement is with a partnership, a general partner may execute unless an authorized partner is designated to execute. Documentation of such authorization should be attached.

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

3. The Performance and Payment Bonds should be attached to the Agreement package. They should be signed by the Agree mentor, and his signature should be acknowledged with the appropriate acknowledge form. Next, the Bonds, in approved form, must be signed by the authorized agent of the Surety Company issuing the Bonds, and an executed Power of

Attorney document authorizing the agent to sign must accompany the Bond Documents.

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

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

Agreement and as noted in Article 9.

6. Page 00510 -1: Complete the Acceptance of Notice section on this page.

7. Pages 00520-3 through 00520-13: Complete in entirety.

8. Section 00610, 00615, 00617, and 00618: Complete in entirety.

City of Raleigh 00520-2 Agreement (Rev.1)

9. Section 00618: Certificate of Insurance, Article 5 of the General and Supplementary

Conditions requires the Certificate of Insurance to have those named as Additional Insured in each policy issued.

10. Most Certificates of Insurance state under the cancellation clause that "the issuing company will endeavor to mail 30 days written notice to the ..." and "but failure to mail such notice shall impose no obligation or liability of any kind upon the Company, its agents or representatives. Direct Notice of Cancellation endorsement is to be attached to corresponding

Certificates of Insurance. With regard to expiration, cancellation, reduction, restriction, or any other change, certificates shall state:

"Should any of the following described policies be canceled before expiration date or be due to expire within thirty (30) days, the insurer shall mail thirty (30) days prior written notice to named certificate holder."

11. Four copies of the Contract are sent to the Contractor. The original and duplicates should be signed and returned to the Owner for signature, after which two duplicates will be returned to the Contractor. One copy may be retained by the Contractor and the other is for the use of the Bonding Company(s).

12. Failure to fully complete all four sets of the Contract Documents will cause delays in the approval by the Owner and therefore delay the issuance of the Notice to Proceed.

City of Raleigh 00520-3 Agreement (Rev.1)

AGREEMENT

BETWEEN OWNER AND CONTRACTOR

FOR CONSTRUCTION CONTRACT

CITY CONTRACT NO. 274-LVR1

CITY PURCHASE ORDER NO. [enter number]

THIS AGREEMENT is by and between The City of Raleigh (Owner) and [Contractor’s Name] (Contractor).

Owner and Contractor hereby agree as follows:

ARTICLE 1 – WORK

Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows:

[Work to be determined and updated here by Owner’s selection of base and alternate bid items to award]

ARTICLE 2 – THE PROJECT

The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Large Diameter Valve Replacements

ARTICLE 3 – ENGINEER

The Project has been designed by CJS Conveyance, PLLC. However, the Owner shall act as the Engineer and Resident Project Representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents.

ARTICLE 4 – CONTRACT TIMES

4.01 Time of the Essence

A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

4.02 Days to Achieve Substantial Completion and Final Payment

A. The Base Bid Work will be substantially completed within 150 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and completed and ready for final payment in accordance with Paragraph

15.06 of the General Conditions within 180 after the date when the Contract Times commence to run. If the Owner awards the Add Alternate No. 1 Bid, an additional 60 consecutive calendar days will be added to the Base Bid substantial and final completion periods. If the Owner awards the Add Alternate No. 2 Bid, an additional 60 consecutive calendar days will be added to the Base Bid substantial and final completion periods. If the Owner awards the Add Alternate No. 3 Bid, an additional 30 consecutive calendar days will be added to the Base Bid substantial and final completion periods.

City of Raleigh 00520-4 Agreement (Rev.1)

4.03 Liquidated Damages

A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 11 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty):

1. Substantial Completion: Contractor shall pay Owner $1,500.00 for each day that expires after the time specified in Paragraph 4.02 above for Substantial Completion until the Work is substantially complete.

2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times or any proper extension thereof granted by Owner, Contractor shall pay Owner $1,500.00 for each day that expires after the time specified in Paragraph 4.02 above for completion and readiness for final payment until the Work is completed and ready for final payment.

3. Liquidated damages for failing to timely attain Milestones, Substantial Completion, and final completion are not additive, and will not be imposed concurrently.

B. If Owner recovers liquidated damages for a delay in completion by Contractor, then such liquidated damages are Owner’s sole and exclusive remedy for such delay, and Owner is precluded from recovering any other damages, whether actual, direct, excess, or consequential, for such delay, except for special damages (if any) specified in this Agreement.

C. Liquidated damages shall also be assessed in accordance with the Intermediate Contract Time One and Two as referenced and attached to the Supplementary Conditions.

ARTICLE 5 – CONTRACT PRICE

5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to Paragraphs 5.01.A, 5.01.B, and 5.01.C below:

The Contract Price shall not exceed the Total Contract amount of [insert written out Contract Price here] Dollars [$insert Contract Price in numerical form here] unless changed by a duly authorized amendment or change order.

A. For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the actual quantity of that item:

City of Raleigh 00520-5 Agreement (Rev.1)

UNIT PRICE WORK

Item No. Description Unit

Estimated Quantity

Bid Unit Price Bid Price

SEE SECTION 00410

Total of all Bid Prices (Unit Price Work) $ XXX.XX

B. For the following Alternates as selected by the Owner for inclusion in the Project as follows:

A. $

B. $

C. $

The Bid prices for Unit Price Work set forth as of the Effective Date of the Agreement are based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in Paragraph 10.05 of the General Conditions.

C. For all Work, at the prices stated in Contractor’s Bid, attached hereto as an exhibit.

ARTICLE 6 – PAYMENT PROCEDURES

6.01 Submittal and Processing of Payments

A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions.

6.02 Progress Payments; Retainage

A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment on or about the 25th day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below. All such payments will be measured by the schedule of values established as provided in Paragraph 2.05 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements.

1. Prior to Final Completion, progress payments will be made in an amount equal to the percentage indicated in the Supplemental Conditions but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 15.01 of the General Conditions.

City of Raleigh 00520-6 Agreement (Rev.1)

6.03 Final Payment

A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06.

ARTICLE 7 – INTEREST

7.01 Once a Progress or Final Payment Application has been submitted by the contractor, recommended by the Engineer, and Approved by the Owner, if payment is not made, the Contractor will be due interest beginning on the 46th day following Owner acceptance at a rate of 1% per month or fraction thereof in accordance with NC General Statute 143- 134.1(a).

ARTICLE 8 – CONTRACTOR’S REPRESENTATIONS

8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations:

A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents.

B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work.

D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in Paragraph SC-5.03 of the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in Paragraph SC-

5.06 of the Supplementary Conditions as containing reliable "technical data."

E. Contractor has considered the information known to Contractor; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor’s safety precautions and programs.

F. Based on the information and observations referred to in Paragraph 8.01.E above, Contractor does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents.

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G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.

H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.

I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

ARTICLE 9 – CONTRACT DOCUMENTS

9.01 Contents

A. The Contract Documents consist of the following:

1. This Agreement (pages 00520-1 to 00520-13, inclusive).

2. Performance bond (pages 00610-1 to 00610-4, inclusive).

3. Payment bond (pages 00615-1 to 00615-4, inclusive).

4. Affidavit (page 00617)

5. Certificate of Insurance (pages 00618-1 to 00618-1, inclusive).

6. General Conditions (pages 00700-1 to 00700-70, inclusive).

7. Supplementary Conditions (pages 00800-1 to 00800-39, inclusive).

a. Intermediate Contract Time One (ICT#1) and Liquidated Damages (2 pages)

b. Intermediate Contract Time Two (ICT#2) and Liquidated Damages (2 pages)

8. Specifications as listed in the table of contents (pages 00010-1 to 00010-2) of the Project Manual.

9. Drawings consisting of 13 sheets with each sheet bearing the following general title:

Large Diameter Valve Replacements and drawings consisting of TMP-1 through TMP-15 (18 sheets).

10. Addenda as follows: [1 through xx or N/A]

11. Exhibits to this Agreement (enumerated as follows):

a. Contractor’s Bid (Sections 00410 and 00430).

b. Documentation submitted by Contractor prior to Notice of Award (City of Raleigh Bid Documentation; Sections 00440, 00441, 00442, 00443, and 00444).

c. Notice of Award (Section 00510).

12. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto:

CORPUD 00520-8 Agreement (Rev.1)

a. Notice to Proceed (Section 00550).

b. Work Change Directives (Section 00940).

c. Change Orders (Section 00941).

d. Field Orders (Section 00942).

e. Warranty Bonds, if any.

B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above).

C. There are no Contract Documents other than those listed above in this Article 9.

D. The Contract Documents may only be amended, modified, or supplemented as provided in the Contract.

ARTICLE 10 – MISCELLANEOUS

10.01 Terms

A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions.

10.02 Assignment of Contract

A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

10.03 Successors and Assigns

A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.

10.04 Severability

A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

City of Raleigh 00520-9 Agreement (Rev.1)

10.05 Contractor’s Certifications

A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or

(c) to deprive Owner of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

10.06 Right to Audit Clause

A. Contractor’s, subcontractors’ and sub-subcontractors’ "records" shall upon reasonable notice be open to inspection and subject to audit and/or reproduction during normal business working hours. Such audits may be performed by a City's representative or an outside representative engaged by City. The City or its designee may conduct such audits or inspections throughout the term of this Contract and for a period of three years after final payment or longer if required by law. City’s representatives may (without limitation) conduct verifications such as counting employees at the Construction Site, witnessing the distribution of payroll, verifying information and amounts through interviews and written confirmations with Contractor employees, field and agency labor, subcontractors, and vendors.

B. Such records shall include (hard copy, as well as computer readable data if it can be made available): written policies and procedures; time sheets; payroll registers; payroll records; cancelled payroll checks; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, negotiation notes, etc.); original bid estimates;

estimating work sheets; correspondence; Change Order files (including documentation covering negotiated settlements); back charge logs and supporting documentation;

invoices and related payment documentation; general ledger information detailing cash and trade discounts earned, insurance rebates and dividends; and any other Contractor records which may have a bearing on matters of interest to the City in its sole discretion in connection with the Contractor’s dealings with the City, including but not limited to:

1. Compliance with Contract requirements for deliverables;

2. Compliance with Construction Documents;

3. Compliance with City's business ethics expectations;

City of Raleigh 00520-10 Agreement (Rev.1)

4. Compliance with Contract provisions regarding the pricing of Change Orders;

5. Accuracy of Contractor representations regarding the pricing of invoices; or

6. Accuracy of Contractor representations related to claims submitted by the Contractor or any of its payees.

C. Contractor shall require all payees (examples of payees include subcontractors, material suppliers, insurance carriers, etc.) to comply with the provisions of this article by including the requirements hereof in a written contract agreement between Contractor and payee. Contractor will ensure that all payees (including those entering into lump sum contracts) have the same right to audit provisions contained in this Contract.

D. City's authorized representative or designee shall have reasonable access to the Contractor's facilities, shall be allowed to interview all current or former employees to discuss matters pertinent to the performance of this Contract and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with this article.

E. If an audit, inspection or examination in accordance with this article, discloses overpricing or overcharges (of any nature) by the Contractor to the City in excess of one percent (1%) of the total contract billings, in addition to making adjustments for the overcharges, the reasonable actual cost of the City's audit shall be reimbursed to the City by the Contractor. Any adjustments and/or payments which must be made as a result of any such audit or inspection of the Contractor's invoices and/or records shall be made within a reasonable amount of time (not to exceed 90 days) from presentation of City's findings to Contractor.

F. The Contractor agrees to maintain all information pertaining to billing for services performed under this Contract in accordance with state law for public records. The Contractor shall afford the City access to these records for audit at such intervals as may be desired by the City. The Contractor shall also preserve the records for a period of three (3) years after Final Payment (or, alternatively, for a period of three years after termination of this Contract), or longer if required by law, during which time the City shall have access for audit purposes.

G. The rights established under this section shall survive the expiration or termination of this Contract, and shall not be deleted, circumvented, limited, confined, or restricted by contract or any other section, clause, addendum, attachment or subsequent amendment to this Contract or any of the other Contract Documents.

10.07 Iran Divestment Act Certification

A. Contractor certifies that, as of the date listed below, it is not on the Final Divestment List as created by the State Treasurer pursuant to N.C.G.S. § 147-86.55, et seq. In compliance with the requirements of the Iran Divestment Act and N.C.G.S. § 147-86.59, Contractor shall not utilize in the performance of the contract any subcontractor that is identified on the Final Divestment List.

City of Raleigh 00520-11 Agreement (Rev.1)

10.08 E – Verify

A. Contractor shall comply with E-Verify, the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law and as in accordance with N.C.G.S. §64-25 et seq.

In addition, to the best of Contractor’s knowledge, any subcontractor employed by Contractor as a part of this contract shall be in compliance with the requirements of E- Verify and N.C.G.S. §64-25 et seq.

10.09 Companies Boycotting Israel Divestment Act Certification

A. Contractor certifies that it has not been designated by the North Carolina State Treasurer as a company engaged in the boycott of Israel pursuant to N.C.G.S. 147-86.81.

10.10 Applicability of North Carolina Public Records Law

10.11 Notwithstanding any other provisions of this Contract, this Contract and all materials submitted to the City by the Contractor are subject to the public records laws of the State of North Carolina and it is the responsibility of the Contractor to properly designate materials that may be protected from disclosure as trade secrets under North Carolina law as such and in the form required by law prior to the submission of such materials to the City.

Contractor understands and agrees that the City may take any and all actions necessary to comply with federal, state, and local laws and/or judicial orders and such actions will not constitute a breach of the terms of this Contract. To the extent that any other provisions of this Contract conflict with this paragraph, the provisions of this section shall control.

City of Raleigh 00520-12 Agreement (Rev.1)

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City of Raleigh 00520-13 Agreement (Rev.1)

IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement by digital signature, under seal, on the respective dates below. Counterparts have been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or have been identified by Owner and Contractor or on their behalf. This Agreement shall be effective upon the date of the City’s signature (“Effective Date”).

OWNER: CONTRACTOR:

CITY OF RALEIGH **Name of Contractor** a North Carolina municipal corporation

By: By:

Name:

Name:

Title:

Title:

Date:

Date:

Attest: Attest:

Title: City Clerk (or designee) Title:

Address for giving notices: Address for giving notices:

City of Raleigh

222 W. Hargett Street

Raleigh, North Carolina 27601

License No.:

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

Chief Financial Officer (or designee)

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