274-PRCR-DixParkSplashpadFilter.pdf

CITY OF RALEIGH

PARKS, RECREATION AND CULTURAL RESOURCES

DIX PARK

1030 Richardson Drive Raleigh, NC 27601

INFORMAL BID DOCUMENTS

Gipson Play Plaza Splashpad Filter Replacement

Date of Issue: September 14, 2026

City of Raleigh

Index

• Index .............................................................................................. Page 2

• Advertisement For Bid .................................................................... Page 3-4

• Instructions to Bidders .................................................................... Page 5-9

• Appendices:

1. Procedure for reporting NC Sales Tax Expenditures

2. Sample Document: City Contract for Construction/Repair

3. Pump Room Diagram

4. New Filter Cut Sheet (“Stacked” Configuration)

CITY OF RALEIGH – ADVERTISEMENT FOR BID (INFORMAL BID)

PROJECT: Dix Park Gipson Play Plaza Splashpad Filter Replacement PROJECT LOCATION: 715 Biggs Drive, Raleigh, NC 27603

Informal Bid #: 274-PRCR-GPPSplashpadFilter

Owner and Contact: City of Raleigh Parks, Recreation and Cultural Resources Dix Park 1030 Richardson Drive, Raleigh, North Carolina 27603

Project Manager Contact: Sydney Honeycutt, Parks Planner e-mail: Sydney.Honeycutt@raleighnc.gov

NOTE: Do not refer or use previously published bid documents.

Pursuant to the General Statutes of North Carolina, Section 143-128 et. seq, contractors are invited to submit Single Prime Construction bids providing labor, material, and equipment for entering into a City Contract for Construction/Repair.

Cost & Bid Specifications:

Total cost of this project will be included within the bid package. All labor, materials, equipment and permitting fees in relation to the purpose of this project are to be included. Bid proposals shall be for a single lump sum. Single lump sum shall include an $8,000 Owner’s Continency to be used for unforeseen conditions with Owner approval.

Project Scope:

See attached “Instructions to Bidders”

Bids: Bids will be received via email only by deadline:

Time: 5:00 PM

Date: Friday, October 9, 2026

Email Delivery: Sydney Honeycutt, Parks Planner

Sydney.Honeycutt@raleighnc.gov

File Size Limit: 25 MB

Mandatory Pre-Bid meeting will be held at the project site. Pre-bid attendance may be used to validate bid submissions. Attendance of the pre-bid will be documented by the City.

Date: Wednesday, September 23, 2026

Time: 10:00 AM mailto:Sydney.Honeycutt@raleighnc.gov

Location: Dix Park, Gipson Play Plaza Pump Room, 715 Biggs Drive, Raleigh, NC 27603. Parking available in “Lot G.” Pump room is located next to picnic area inside restroom building.

Questions Deadline: Friday, September 25, 2026, by 5:00PM Questions must be submitted in writing only to Sydney.Honeycutt@raleighnc.gov

Digital submission via email is required. Paper copies will not be accepted.

No public opening will be held in accordance with informal bidding rules.

Contractors are responsible for distributing documents to all sub-contractors.

Information related to this solicitation, including any addenda, will be posted to the Vendor Portal (https://evp.nc.gov/).

Bidders will be required to show evidence that they are licensed to perform the work in the Bidding Documents as required by North Carolina General Statute, Chapter 87.

No Bid may be withdrawn for Forty-Five (45) days after opening time.

The City reserves the right to reject any or all bids and to waive informalities.

END OF ADVERTISEMENT FOR BID

https://evp.nc.gov/

INSTRUCTIONS TO BIDDERS

GENERAL

This is a turnkey replacement of the existing splashpad filter at Dix Park’s Gipson Play Plaza:

• The City has procured a new filter and is in storage at Dix Park.

• Contractor to remove existing filter, move to City storage facility.

• Move the new filter from City storage and install in the Gipson Play Plaza pump room.

Specifications

Total cost of this project will be included within the bid package. All labor, materials, equipment and permitting fees in relation to the purpose of this project are to be included. Bid proposals shall be for a single lump sum.

• Remove/replace all piping from existing ten (10) horsepower pump and existing Defender filter, install new plumbing to connect new filters to flanged connection leading to return line.

• Facilitate the removal of control wiring/programming associated with the existing Defender’s control of the filter pump VFD.

• All existing Defender components to remain in serviceable, functioning condition for return to manufacturer.

• Existing Defender filter once removed, shall be placed in a City storage facility at Dix Park and prepared for shipping per manufacturer’s instructions.

• Install (Owner provided) Neptune Benson High-Rate Fiberglass Filters Tanks 3448SHFFGS-3R. All installation work to be performed in line with manufacturer specifications. Contractor shall move the filter from City storage facility to Gipson Play Plaza mechanical room for installation.

• Piping must include a method to accommodate automatic high level drain bypass.

• Install pressure gauges, sight glass and air relief.

• Plumb backwash line to backwash pit.

• Load sand filter media to manufacturer-specified depth.

• Relocate UV system control as needed to accommodate use of new filter valves.

• All piping to be Schedule 80

• Perform initial startup of system to verify operation and check for leaks.

• Contractor shall include an $8,000 Owner’s Contingency Allowance for unforeseen issues during the execution of this work in their base bid. Allowance shall only be used with Owner approval.

PROJECT LOCATION

Dix Park – Gipson Play Plaza 715 Biggs Drive Raleigh, NC 27603

BID SCHEDULE

Mandatory Pre-Bid Conference: Wednesday, September 23, 2026, at 10:00AM

Written Questions Deadline: Friday, September 25, 2026, by 5:00PM – Questions must be in writing to Sydney.Honeycutt@raleighnc.gov to receive a response via addendum.

Bid Deadline: Friday, October 9, 2026, by 5:00PM

Vendor Portal website (https://evp.nc.gov/) will post all addenda. The City of Raleigh is not responsible for the accuracy of documents anyone may obtain from any other source.

BID SUBMISSIONS

The submission of a bid will assume that the Contractor has fully examined the site and knows the existing conditions and has made every provision for operating under the existing conditions, and has included all necessary items, and has read and understands the Bidding Documents. No consideration shall be given to any claim for extra compensation or extension of contract time because of failure to comply with this provision.

Bids shall be received in strict accordance with all requirements of the General Statutes of North Carolina. The bid shall be submitted via email with the Subject Line: “274-PRCR- GPPSplashpadFilter".

The City of Raleigh shall not be held responsible for bids received beyond the deadline date and time. Proposals not received by the designated time will not be accepted.

Except to the extent allowed by statute, bids shall not be withdrawn and bids shall remain subject to acceptance by the City for a period of Forty-Five (45) days.

It is the City's intention to award a contract for work under this project to the lowest responsive, responsible bidder. The City reserves the right to reject any and all bids and to waive without informalities, including without limitation, non-conforming, non-responsive, unbalanced, or conditional bids. The City of Raleigh reserves the right to reject the bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. The City of Raleigh may also reject the bid of any bidder if the City believes that it would not be in the best interest of the Project to make an award to that bidder. The City of Raleigh also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate terms with the successful bidder.

Upon request, bidders must present satisfactory evidence that they have been regularly engaged in the business of constructing such work, such as company work history and references from similar construction projects. And upon request, bidders must show that they are fully prepared with the necessary capital, equipment, etc., to begin the work promptly, and complete the same in accordance with specifications.

The bidder to whom the award is made shall be required to furnish work crews of adequate number, size, and experience to properly perform the work. The Project Manager responsible for the project is required to be on-site during construction. The interpretation of the number of crews, size, and experience will be determined by the City of Raleigh as to their adequacy.

The Contractor will furnish all materials, labor, equipment, supervision, tools, machinery, etc. for complete construction of projects in accordance with plans and specifications of the City of Raleigh.

https://evp.nc.gov/

The City reserves the right to extend the work in this Contract upon the same terms, provided that such extensions shall not exceed in cost fifty per cent (50%) of the original Contract price of the Contract being extended.

The contractor(s) to whom the award is made must carry insurance in the amounts and types outlined in the Insurance Requirements below.

1. Insurance

Contractor agrees to purchase at its own expense insurance coverages to satisfy the following minimum requirements. A certificate reflecting the following minimum coverages shall accompany this Contract:

1.1. Workers’ Compensation Insurance:

Limits:

Workers Compensation: Statutory for the State of North Carolina Employers Liability: Bodily Injury by Accident $1,000,000 each accident Bodily Injury by Disease $1,000,000 policy limit Bodily Injury by Disease $1,000,000 each employee

1.2. Commercial General Liability:

Each Occurrence: $1,000,000 Personal and Advertising Injury $1,000,000 General Aggregate Limit $2,000,000 Products and Completed Operations Aggregate $2,000,000

The aggregate limit must apply per project. The form of coverage must be the ISO CG 00 01 policy as approved by the State of North Carolina Department of Insurance. If a form of coverage other than the CG 00 01 is used it must be approved by the City’s risk manager. Any endorsed exclusions or limitations from the standard policy must be clearly stated in writing and attached to the Certificate of Insurance. Completed Operations coverage must be maintained for the period of the applicable statute of limitations.

1.3. Commercial Automobile Liability:

$1,000,000 combined single limit.

1.4. Additional Insured:

Contractor agrees to endorse the City as an Additional insured on the Commercial General Liability, Auto Liability and Umbrella Liability if being used to meet the minimum liability limits for General Liability and Automobile Liability.

The Additional Insured shall read ‘City of Raleigh is named additional insured as their interest may appear’.

The Certificate Holder address should read:

Post Office Box 590 Raleigh, NC 27602-0590

1.5. Builders Risk Coverage:

Minimum limit in the amount of total bid price. The Builder Risk policy must be endorsed to increase the limit of insurance for all change orders.

1.6. Policy Form:

Builder Risk coverage must be on a direct physical loss basis and contain no exclusion for theft, collapse or damage to foundations or underground structures, pipes or conduits.

1.7. Named Insured:

The Named Insured shall be The City of Raleigh, the Contractor, and all sub-contractors with a contractual assumption of responsibility for damage to the project.

All insurance companies must be admitted to do business in North Carolina and be acceptable to the City’s risk manager. If the insurance company(s) is a permitted surplus lines insurer, the insurance company name, and NAIC number must be submitted to the City’s risk manager for approval before commencing work. Contractor shall be required to provide the City no less than thirty (30) days’ notice of cancellation, or any material change, to any insurance coverage required by this Contract.

A Certificate of Insurance (COI) must be issued by an authorized representative of the insurance carrier(s). Certificates of Insurance must have the insurance company name and NAIC number clearly identified. The acceptance of or the review of Certificates of Insurance by the City does not relieve Contractor of any requirements in the Contract to provide specific insurance coverage required by the Contract, nor does the acceptance of or review of Certificates of Insurance covenant all insurance requirements have been met.

SITE INVESTIGATION

All bidders shall examine the site before submitting a proposal in order to determine the extent of work involved, size of work, etc., and the conditions under which the work must be staged and performed.

NON-COLLUSION IN BIDDING

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

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

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

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

CONTRACT FOR CONSTRUCTION/REPAIR

The Contractor shall enter a City of Raleigh Contract for Construction/Repair.

E-VERIFY COMPLIANCE UNDER G.S. 143-133.3.

The contract will require that the selected Firm/Team and any subcontractors comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes (NCGS) consistent with state law requirements for municipal contracts.

IRAN DIVESTMENT ACT CERTIFICATION.

The Contractor certifies that, if it submitted a successful bid for this contract, then as of the date it submitted the bid, the Contractor was not identified on the Iran List. If it did not submit a bid for this contract, the Contractor certifies that as of the date that this contract is entered into, the Contractor is not identified on the Iran List. It is a material breach of contract for the Contractor to be identified on the Iran List during the term of this contract or to utilize on this contract any subcontractor that is identified on the Iran List. In this Iran Divestment Act Certification section -- “Contractor” means the person entering into this contract with the City of Raleigh; and “Iran List” means the Final Divestment List – Iran, the Parent and Subsidiary Guidance List – Iran, and all other lists issued from time to time by the N.C. State Treasurer to comply with G. S. 143C-6A-4 of the N.C. Iran Divestment Act.

Appendix 1: Procedure for reporting NC Sales Tax Expenditures

City of Raleigh 00805-1 Procedure for Reporting Sales Tax

PROCEDURE FOR REPORTING NORTH CAROLINA SALES TAX

EXPENDITURES ON CITY OF RALEIGH CONTRACTS

(for projects with reimbursable sales tax excluded from Bid)

1. The following procedure in handling the North Carolina Sales Tax is applicable to this project. Contractors shall comply fully with the requirements outlined hereinafter, in order that the owner may recover the amount of the tax permitted under the law. For the purposes of this section, “Sales Taxes” shall mean sales and use taxes paid to the State of North Carolina or to local governments in North Carolina.

(a) Reimbursable Sales Taxes are to be excluded from the bid price for this project.

(b) The City is entitled to refunds from the State of North Carolina for these reimbursable sales taxes. The Contractor that performs work under this contract is allowed to obtain a reimbursement from the City for those Sales Taxes for which the State will grant a refund to the City. The City will reimburse the Contractor, and the City later obtains a refund from the State.

(c) It shall be the general contractor’s responsibility to furnish the City documentary evidence showing the materials used and sales tax paid by the general contractor and each of his subcontractors. Any county sales tax included in the contractor’s statements must be shown separately from the state sales tax. If more than one county is shown, each county shall be listed separately.

(d) The documentary evidence shall be the attached Reimbursable Sales and Use Tax Statement. This evidence shall consist of a certified statement, by the general contractor and each of his subcontractors individually, showing total purchases of materials from each separate vendor and total sales taxes by each county paid each vendor. The certified statement must show the invoice number (s) covered and inclusive dates of such invoices. State sales tax shall be listed separately from county sales tax. If more than one county is shown, each county shall be listed separately. The invoices shall be provided to substantiate the information on the statement.

(e) Materials used from general contractor’s or subcontractor’s warehouse stock shall be shown in a certified statement at warehouse stock prices.

(f) The general contractor shall not be required to certify the subcontractor’s statements.

However, the subcontractor may submit for reimbursement by certifying a Reimbursable Sales and Use Tax Statement, submitting it to the general contractor for the general contractor to submit with the pay application for the properties listed on that form. The City will make the reimbursement payable to the Contractor.

(g) The documentary evidence to be furnished to owners eligible for Reimbursable Sales Tax refunds covers sales and/or use taxes paid on building materials used by general contractors and subcontractors in the performance of contracts with churches, City of Raleigh 00805-2 Procedure for Reporting Sales Tax orphanages, hospitals not for profit, educational institutions not operated for profit and other charitable or religious institutions or organizations not operated for profit and incorporated cities, towns and counties in this State. The documentary evidence is to be submitted to the above-named institutions, organizations and governmental units to be included in claims for refunds to be prepared and submitted by them to obtain refunds provided by G.S. 105-164.14 and is to include the purchase of building materials, supplies, fixtures and equipment which become a part of or annexed to buildings or structures being erected, altered or repaired under contracts with such institutions, organizations or governmental units.

(h) The Contractor may seek reimbursement separately from, but at the same time as, the application for payment is made for the properties that were taxed. The Contractor shall not file for reimbursement for Sales Taxes before the Contractor has the right to file an application for payment for the properties that were taxed.

2. If the State refuses to refund any such Sales Tax to the City, or if after a refund is made, the City is told to return a refund to the State, the Contractor shall upon demand repay the City for the amount of the failed refunds.

3. The contractor or contractors to whom an award is made on this project will be required to follow the procedure outlined above.

4. The contractor is advised that all requests for payment, partial or final, for work completed under this contract must include a sales tax report submitted in accordance with the procedures outlined above.

CORPUD 00805-3 Procedure for Reporting Sales Tax

North Carolina Reimbursable Sales and Use Tax Statement (Paid During This Estimate Period)

Project Project Location County Estimate No.

Name of Contractor Period Ending

Date Vendor Type of Property Purchased

Invoice Number

Invoice Amount

State Tax 4.75%

County Tax 2.00%

Total Tax 6.75% County

TOTALS

The undersigned individual certifies (1) that he or she is an employee or principal of the Contractor that is filing this form with the City to request reimbursement for N.C. State and local sales and use taxes that the Contractor has paid, (2) that the above listed vendors were paid sales tax upon purchases of building materials during the period covered by the construction estimate, and the property upon which such taxes were paid with or will be used in the performance of this contract,(3) that no tax on purchases or rentals of tools and/or equipment is included in the above list, (4) that all of the material above became a part of or is annexed to the building or structure being erected, altered or repaired, and (5) that all of the information on this form, and any additional pages added to this page, if any, is true and accurate.

_______ County, North Carolina

Signed and sworn to (or affirmed) before this day by _____________________________ _____________________________________________ (name of principal) (signature of principal)

Date: ______________ _______________________________________ Notary Public's Signature

(Notary’s printed or typed name, Notary Public) (Official Seal) My commission expires: _______________________

CORPUD 00805-4 Procedure for Reporting Sales Tax

North Carolina Reimbursable Sales and Use Tax Statement by Subcontractor (Paid During This Estimate Period)

Project Project Location County Estimate No.

Name of Subcontractor Period Ending

Date Vendor Type of Property Purchased

Invoice Number

Invoice Amount

State Tax 5.50%

County Tax 2.25%

Total Tax 7.75% County

TOTALS

The undersigned individual certifies (1) that he or she is an employee or principal of the Subcontractor that is submitting this form with the Contractor so that the Contractor may request reimbursement for N.C. State and local sales and use taxes that the Subcontractor has paid, (2) that the above listed vendors were paid sales tax upon purchases of building materials during the period covered by the construction estimate, and the property upon which such taxes were paid with or will be used in the performance of this contract,(3) that no tax on purchases or rentals of tools and/or equipment is included in the above list, (4) that all of the material above became a part of or is annexed to the building or structure being erected, altered or repaired, and (5) that all of the information on this form, and any additional pages added to this page, if any, is true and accurate.

_______ County, North Carolina

Signed and sworn to (or affirmed) before this day by _____________________________ _____________________________________________ (name of principal) (signature of principal)

Date: ______________ _______________________________________ Notary Public's Signature

(Notary’s printed or typed name, Notary Public) (Official Seal) My commission expires: _______________________

Appendix 2: Sample Document: City Contract for Construction/Repair

Page 1 of 15 Rev.09/25/25

NORTH CAROLINA

WAKE COUNTY

CONTRACT FOR CONSTRUCTION/REPAIR

THIS CONTRACT (the “Contract”) is entered into by and between [Keywords], hereinafter referred to as the “Contractor”, and the City of Raleigh, a North Carolina municipal corporation, hereinafter referred to as the “City” for the project entitled: .

WITNESSETH:

WHEREAS, the City desires to procure a contractor to perform services; and

WHEREAS, the City has completed necessary steps for retention of construction/repair services under State law and applicable City policies; and

WHEREAS, the City has agreed to engage the Contractor, and the Contractor has agreed to contract with the City, for performance of services as described, and according to the further terms and conditions, set forth herein.

NOW THEREFORE, in consideration of sums to be paid to the Contractor, and other good and valuable consideration, the Contractor and City do contract and agree as follows:

1. Description of Work The Contractor, at its own proper cost and expense and with skill and diligence, shall furnish all labor, tools, materials and equipment and do all things necessary for the proper construction and completion ready for use of the following improvements:

In strict accordance with and as shown in the project Construction Documents (as defined in Section 23.2., below) that have been incorporated into this Contract by reference as follows:

The Contractor shall further perform in accordance with the directions (not inconsistent therewith) given from time to time during the construction by the project engineer or of such other official, employee, or other agent of the City as the City may designate.

2. General Obligations of the Contractor The Contractor will accept the prices specified in this Contract in full compensation and satisfaction for the performance of this Contract and as consideration of this Contract. The Contractor shall be responsible for all loss and damages of every kind and nature which may arise out of or an account of the performance of the work required by this Contractor, and for all risks of every description connected with the said work; and the Contractor shall be responsible for well and faithfully completing the whole work according to all applicable plans and specifications and the terms and conditions of this Contract.

3. Time of Commencement and Completion The entire work required by this Contract shall be completed by the Contractor not later than days after the date of Notice-to-Proceed.

DRAFT

Page 2 of 15 Rev.09/15/25

4. Workmanship and Quality of Services/Warranties All work under this Contract shall be done and performed to the satisfaction of the project engineer of the City of Raleigh, or of such other official, employee, or agent of the City as may be designated by the City, and such official, employee or agent designated by the City shall in all cases of dispute determine the quantity, quality, acceptability and fitness of the work and materials and of several portions thereof which are to be paid for under this Contract and shall decide and determine all questions which may arise as to the measurements, lines, levels and dimensions of the work and all questions respecting the true construction, interpretation or meaning of the plans and specifications. In case of dispute between the Contractor and the said official, employee, or agent of the City, the decision and determination of the latter shall be taken and shall be final and conclusive.

4.1. The Contractor, in executing this Contract, warrants that it will be responsible for the maintenance or correction of any work completed under this Contract that may become defective due to faulty workmanship or materials for a period of one (1) year after final acceptance of the work performed.

4.2. It is understood and agreed by the parties hereto that work done under this Contract shall be subject to all ordinances of the City of Raleigh relating to work done in the public streets or other public property of the City. Particularly reference is made to the provisions of Part 11, Chapter 6 of the Raleigh City Code.

5. Compensation In consideration of the performance of this Contract and the full completion of the work required of the Contractor by the terms and conditions of this Contract, the City agrees to pay to the Contractor the not to exceed total Contract Amount of: (in written word and numerals), unless changed by a duly authorized amendment or change order.

5.1. Partial payments will be made to the Contractor by the City NET thirty (30) days after presentation of a true and accurate payment application to the City as certified by the Project Engineer or agent of the City.

5.2. All invoices must include the following Purchase Order Number_______________.

5.3. The final amount due to the Contractor will be made within thirty (30) days after the certified completion and final acceptance of all the work required by the Contract less retainage per Section 6. Payment to the Contractor by the City of the amounts so determined to be due, in accordance with this Contract, shall relieve the City from all claims for work done and materials and equipment furnished under this Contract.

5.4. It is further mutually agreed between the parties that no partial payment made under this

Contract shall be conclusive evidence of the performance of this Contract, either wholly or in part, and that no such payment shall be construed to be an acceptance of defective work or improper materials.

6. Retainage This section will only apply if this public construction contract pertains to a project in which the total project costs are equal to or greater than one hundred thousand dollars ($100,000.00).

Page 3 of 15 Rev.09/15/25

To ensure proper performance of the Contract, the City may retain five percent (5%) of the amount of each approved partial or periodic payment application until the project work is fifty percent (50%) complete, provided that the Contractor continues to perform satisfactorily, and any non-conforming work identified in writing prior to that date has been corrected by the Contractor and accepted by the construction manager.

If the City determines the Contractor’s performance is unsatisfactory, the City may reinstate retainage in the amount of five percent (5%) for each subsequent partial or periodic payment application until the Contractor’s performance becomes satisfactory. The project shall be deemed fifty percent (50%) complete when the contractor's gross project invoices, excluding the value of materials stored off-site, equal or exceed fifty percent (50%) of the value of the contract, except the value of materials stored on-site shall not exceed twenty percent (20%) of the contractor's gross project invoices for the purpose of determining whether the project is fifty percent (50%) complete. Following fifty percent (50%) completion of the project, the City may also withhold additional retainage from any subsequent periodic payment, not to exceed five percent (5%), to allow the City to retain two and one-half percent (2 ½%) total retainage through the completion of the project.

Within sixty (60) days after the submission of a pay request, the City with written consent of the surety shall release to the Contractor all retainage on payments held by the City if (1) the City receives a certificate of substantial completion from the architect, engineer, or designer in charge of the project; or

(2) the City receives beneficial occupancy or use of the project. However, the City may retain sufficient funds to secure completion of the project or corrections on any work. If the City retains funds, the amount retained shall not exceed two and one-half (2 ½) times the estimated value of the work to be completed or corrected. Any reduction in the amount of the retainage on payments shall be with the consent of the contractor's surety.

Retainer provisions contained in Contractor’s subcontracts may not exceed the terms and conditions for retainage provided herein. Contractors are further required to satisfy the retainage provisions of N.C.G.S. 143-134.1(b2) with regard to subcontracts for early finishing trades (structural steel, piling, caisson, and demolition) and to coordinate the release of retainage for such trades from the retainage held by the City from the Contractor pursuant to statute. Nothing shall prevent the City from withholding payment to the Contractor in addition to the amounts identified herein for unsatisfactory job progress, defective construction not remedied, disputed work, or third-party claims filed against the City or reasonable evidence that a third-party claim will be filed.

7. Notices Except as otherwise expressly provided in this Contract, all notices, requests for payment, or other communications arising hereunder shall be sent to the following:

City of Raleigh Contractor Attn: Attn:

Title: Title:

Address 1: P.O. Box 590 Address 1:

Address 2: Raleigh, NC 27602 Address 2:

Telephone: Telephone:

E-mail: E-mail:

Page 4 of 15 Rev.09/15/25

8. Non-Discrimination

8.1. To the extent permitted by North Carolina law, the Parties for themselves, their agents, officials, directors, officers, members, representatives, employees, and contractors agree not to discriminate in any manner or in any form based on actual or perceived age, mental or physical disability, sex, religion, creed, race, color, sexual orientation, gender identity or expression, familial or marital status, economic status, veteran status or national origin in connection with this Contract or its performance.

8.2. The Parties agree to conform with the provisions and intent of Raleigh City Code §4- 1004 in all matters related to this Contract. This provision is incorporated into the Contract for the benefit of the City of Raleigh and its residents and may be enforced by an action for specific performance, injunctive relief, or any other remedy available at law or equity. This section shall be binding on the successors and assigns of all parties with reference to the subject matter of the Contract.

9. Assignment This Contract may not be assigned without the express written consent of the City.

10. Applicable Law Both the City and the Contractor, for themselves and their respective agents, officials, employees, and servants, hereby acknowledge and agree that this Contract shall be governed and construed in accordance with the applicable laws of the State of North Carolina, without regard to its choice of law provisions, and no other.

The proper, sole, and exclusive venue for any civil action arising out of or in any way related to this Contract shall be the federal or state courts sitting in Wake County, North Carolina.

11. Insurance Contractor agrees to purchase at its own expense insurance coverages to satisfy the following minimum requirements. A certificate reflecting the following minimum coverages shall accompany this Contract:

11.1. Workers’ Compensation Insurance:

Workers Compensation: Statutory for the State of North Carolina Employers Liability: Bodily Injury by Accident $1,000,000 each accident Bodily Injury by Disease $1,000,000 policy limit Bodily Injury by Disease $1,000,000 each employee

11.2. Commercial General Liability:

Each Occurrence: $1,000,000 Personal and Advertising Injury $1,000,000 General Aggregate Limit $2,000,000 Products and Completed Operations Aggregate $2,000,000

11.3. The aggregate limit must apply per project. The form of coverage must be the ISO CG 00 01 policy as approved by the State of North Carolina Department of Insurance. If a

Page 5 of 15 Rev.09/15/25 form of coverage other than the CG 00 01 is used it must be approved by the City’s risk manager. Any endorsed exclusions or limitations from the standard policy must be clearly stated in writing and attached to the Certificate of Insurance. Completed operations coverage must be maintained for the period of the applicable statute of limitations.

11.4. Commercial Automobile Liability:

$1,000,000 combined single limit.

11.5. Additional Insured:

Contractor agrees to endorse the City as an Additional insured on the Commercial General Liability, Auto Liability and Umbrella Liability if being used to meet the minimum liability limits for General Liability and Automobile Liability.

The Additional Insured shall read: ‘City of Raleigh is named additional insured as their interest may appear’.

The Certificate Holder address should read:

City of Raleigh Post Office Box 590 Raleigh, NC 27602-0590

11.6. Builders Risk Coverage:

Minimum limit in the amount of total bid price. The Builder Risk policy must be endorsed to increase the limit of insurance for all change orders.

11.7. Policy Form:

Builder Risk coverage must be on a direct physical loss basis and contain no exclusion for theft, collapse or damage to foundations or underground structures, pipes or conduits.

11.8. Named Insured:

The Named Insured shall be The City of Raleigh, the Contractor, and all sub-contractors with a contractual assumption of responsibility for damage to the project.

11.9. All insurance companies must be licensed to do business in North Carolina and be acceptable to the City’s risk manager. If the insurance company(s) is a permitted surplus lines insurer, the insurance company name, and NAIC number must be submitted to the City’s risk manager for approval before commencing work. Contractor shall be required to provide the City no less than thirty (30) days’ notice of cancellation, or any material change, to any insurance coverage required by this Contract.

11.10. A Certificate of Insurance (COI) must be issued by an authorized representative of the insurance carrier(s). Certificates of Insurance must have the insurance company name and NAIC number clearly identified. The acceptance of or the review of Certificates of Insurance by the City does not relieve Contractor of any requirements in the Contract to

Page 6 of 15 Rev.09/15/25 provide specific insurance coverage required by the Contract, nor does the acceptance of or review of Certificates of Insurance covenant all insurance requirements have been met.

12. Surety Bonds If Surety Bonds are required by the City for this project, the Contractor shall have furnished and attached hereto a performance bond and a payment bond each in the penal sum of the full Contract amount covering the faithful performance of the Contract and the payment of all obligations arising hereunder, in such form and content as the City may prescribe and with surety approved by the City. Should any surety upon the bond for the performance of this Contract become unacceptable to the City, the Contractor must promptly furnish additional security as may be required from time to time by the City to protect the interests of the City and of persons, firms and corporations supplying labor or materials in the performance of the work contemplated by the Contract.

13. Indemnity

13.1. To the fullest extent allowed by law, Contractor shall indemnify, defend, and hold harmless the City, its officers, officials, employees, agents, or indemnities (collectively called “Indemnified Parties”) from and against those Losses, liabilities, damages, and costs proximately caused by, arising out of, or resulting from the sole negligence of the Contractor, the Contractor’s agents, or the Contractor’s employees.

13.2. In matters other than those covered by subsection 14.1. above, and to the fullest extent allowed by law, Contractor shall indemnify, defend, and hold harmless the Indemnified Parties from and against those Losses, liabilities, damages, and costs caused by, arising out of, resulting from, or in connection with the execution of the work provided for in this Agreement when the Fault of the Contractor or its Derivative Parties is a proximate cause of the Loss, liability, damage, or expense indemnified.

13.3. Costs and expenses shall include attorneys’ fees, litigation or arbitration expenses, or court costs actually incurred by the Indemnified Parties to defend against third-party claims alleged in any court, tribunal, or alternative dispute resolution procedure required of any of the Indemnified Parties by law or by contract, only if the Fault of the Contractor or its Derivative Parties is a proximate cause of the attorney’s fees, litigation or arbitration expenses, or court costs to be indemnified.

13.4. The Contractor’s duty to indemnify, defend, and hold harmless described hereinabove shall survive the termination or expiration of this Contract.

13.5. Definitions:

13.5.1. For the purposes of this Section 14, the term “Loss” or “Losses” shall include, but not be limited to, fines, penalties, and/or judgments issued or levied by any local, state, or federal governmental entity.

13.5.2. For the purposes of this Section 14, the term “Derivative Parties” shall mean any of the Contractor’s subcontractors, agents, employees, or other persons or entities for which the Contractor may be liable or responsible as a result of any statutory, tort, or contractual duty.

Page 7 of 15 Rev.09/15/25

14. Communications If communications to the public and/or City employees are required as part of the Contractor’s scope of work under this Contract, then the Contractor shall work with the City in the development of a communications plan (“Communications Plan”) that must first be approved by the City in writing before any such communications are delivered to the public and/or City employees.

For purposes of this Section 15, such written approval by the City shall be provided by electronic mail by the applicable City Communications Department employee who is responsible for reviewing and approving the Communications Plan, such electronic mail to be sent to the electronic mail address listed in Section 7, above, as part of the contact information for the Contractor representative identified in Section 7, above.

Among other things, the Communications Plan must establish whether the City or the Contractor will be responsible for sending any such communications to the public and/or City employees as required either by this Contract or the Communications Plan. The Communications Plan also shall include, but not be limited to, communications objectives, target audience, and deliverables (print, video, website, social, direct, or digital). The Contractor shall comply with the Communications Plan when communicating to the public and/or City employees pursuant to this Contract and the Communications Plan. All such communications shall comply with the City’s brand and communications guidelines, as the same may be amended or modified from time to time.

The City’s current brand and communications guidelines are incorporated into this Contract by reference and can be found on the City’s website here: https://raleighnc.gov/doing-business/city-brand-guidance-vendors.

For purposes of this Section 15, “Communications” is defined as any public or City employee facing information presented in channels such as, but not limited to, a website, mobile applications, social media, printed materials, vehicles, billboards, and videos.

14.1. Communications Plan Approval:

Any materials, messaging or outreach from the Contractor related to marketing and communications of any service or effort under this Contract must first be reviewed and approved by the City’s Communications Department. This is to ensure that the Communications Plan: (i) complies with the City’s brand and communication guidelines;

(ii) integrates with the City’s other communications channels and digital strategy; (iii) meets accessibility guidelines; and (iv) conforms to communications best practices with respect to general user experience.

14.2. Accessibility Requirements:

For web content that the Contractor is to make accessible to the public and/or City employees as part of an approved Communications Plan that is included in the Contractor’s scope of work under this Contract, all web materials including, but not limited to, tools, mobile applications, and websites, generated by, or on behalf of, the Contractor must meet at least the mid-range conformance level, AA compliance of the

DRAFT

https://raleighnc.gov/doing-business/city-brand-guidance-vendors https://raleighnc.gov/doing-business/city-brand-guidance-vendors

Page 8 of 15 Rev.09/15/25 current Web Content Accessibility Guidelines, as the same may be amended from time to time.

Any such web content generated by, or on behalf of the Contractor, as part of a Communications Plan associated with this Contract shall meet all standards of good cognitive web accessibility, which include the following:

14.2.1. Using proper headings and lists

14.2.2. Using unique links

14.2.3. Using alternative text and captions

14.2.4. Using more white space

14.2.5. Dividing content into more manageable pieces

14.2.6. Making forms manageable by breaking them into multiple, sequential steps

14.2.7. Providing a logical reading order

14.2.8. Being consistent with fonts, colors and locations of page elements

14.2.9. Offering keyboard access

14.2.10. Offering content in multiple formats

14.2.11. Understanding minimum contrast

14.3. Languages:

Digital sites/ tools that are for public use/consumption, including for use by City employees, under a Communications Plan associated with this Contract must have translation module (e.g., G-translate, Weglot) so that the service is available in all languages. At minimum, Spanish translation is required on all such digital sites/tools based on low English proficiency requirements:

14.3.1. In most cases, entities that are recipients of federal financial assistance through

U.S. Department of Health and Human Services (HHS) must provide language assistance services in order to comply with their legal obligation to take reasonable steps to ensure meaningful access to their programs by persons with Limited English Proficiency (LEP).

14.4. Content:

For any communications content that the Contractor is required to generate, or have generated, as part of its scope of work under this Contract, the Contractor shall send such content to City Communications Department staff in raw, high-resolution format for inclusion in communications materials to be made accessible to the public and/or City employees as set forth in the Communications Plan that arises from this Contract (i.e., websites, mobile applications, printed materials collateral, and social media). PDF attachments shall be used only as a last resort and only after written approval by the City, https://www.hhs.gov/civil-rights/for-individuals/special-topics/limited-english-proficiency/index.html

Page 9 of 15 Rev.09/15/25 with such written approval to be provided by the City in electronic mail format as described elsewhere in this Section 15.

14.4.1. Contractor shall only provide the City communications materials for which the

City has rights to use, with written documentation of such use rights being provided to the City as requested from time to time by the City in its sole discretion.

14.4.2. All working files agreed upon for the specific Communications Plan shall be provided to the City Communications Department, i.e., text, graphics, charts and data, infographics, and original native files such as Illustrator, Excel, ArcGIS, etc.

Following are the file format specifications:

14.4.2.1. Images: At least 300dpi for printing at actual size; 96dpi and at least

1920x1080px for digital/Web.

14.4.2.2. Video: Any video should be no less than Standard HD (1920x1080) but preferable 4k.

14.4.2.3. Text: Word document using accessibility best practices (heading structure, table of contents, and tables).

15. Advertising The Contractor shall not use the existence of this Contract, or the name of the City, as part of any advertising without prior written approval of the City.

16. Acknowledgement of City Brand and Tree Logo Ownership and Restrictions The City of Raleigh has developed proprietary branding (the “City Brand”) centered around the Raleigh tree mark logo (the “Tree Logo”). The City’s exclusive rights and ownership in and to the Tree Logo are protected under trademark and copyright, including U.S. Copyright Reg. No. VAu1-322-896, N.C. State Trademark Registration Reg. No. T-23070 and Federal Trademark Registration Reg. No. 5,629,347, as well as under other federal and state laws.

Contractor acknowledges and understands that the City is not conferring any license to Contractor under this Agreement to use or depict the Tree Logo or other aspects of the City Brand. Contractor shall not make any use or depiction of the Tree Logo or other aspects of the City Brand without the prior express written approval of the City. In this regard, should any materials being produced by Contractor for the City under this Agreement contemplate use or depiction of the Tree Logo, including, but not limited to, printed materials, digital media, signage and/or display materials, Contractor shall proceed under the auspices and direction of the City’s Communications Department and shall comply with all guidelines and restrictions governing use or depiction of the Tree Logo.

17. Force Majeure Except as otherwise provided in any environmental laws, rules, regulations or ordinances applicable to the parties and the services performed under this Contract, 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, nuclear explosion, earthquake, hurricane, tornado, or other catastrophic natural event, governmental orders related to a public health condition, or act of God. Either party to the Contract must take reasonable measures and implement reasonable protections when a weather event

Page 10 of 15 Rev.09/15/25 otherwise defined as a force majeure event is forecast to be eligible to be excused from the performance otherwise required under this Contract by this provision.

18. Termination

18.1. If the Contractor fails to perform the work described herein by the time allowances provided in Section 3 or fails to provide adequate staff and resources required to properly execute said work in a workmanlike and safe manner, the City can declare the Contractor in Default.

18.2. If the Contractor fails to complete the work in the provided project duration as stated in

Section 3 of this Contract, or fails to meet periodic schedules describing work sequence, or fails to comply with all appropriate local, federal, or state laws, rules and regulations, then the City may, without prejudice to any other right or remedy and after giving the Contractor and its surety a maximum of seven (7) days from delivery of a written notice, declare the Contract in default, take possession of the project and of all equipment, tools, materials thereon owned by the Contractor and call upon the surety or appropriate legal recourse to finish the work by whatever method deemed expedient.

19. Laws/Safety Standards

19.1. The Contractor shall comply with all laws,…