Buffalor Road Aquatic Center Stair Tower Repainting and Treat Replacement.pdf

City of Raleigh 00010-1 Table of Contents

TABLE OF CONTENTS

Document Title 00010 Table of Contents

BIDDING REQUIREMENTS

00100 Advertisement for Bids 00200 Instruction to Bidders 00409 Bidder’s Checklist 00410 Bid Form 00442 City of Raleigh Contractor’s Poor Performance Policy

CONTRACT REQUIREMENTS

Construction Contract Template 00700 General Conditions 00800 Supplementary General Conditions 00805 Procedures for Reporting NC Sales Tax Expenditures on City of Raleigh Contracts 00810 Rules Implementing Mediated Settlement Conferences in NC Public Construction

Projects

TECHNICAL SPECIFICATION SECTIONS

Figures to the Technical Specifications

1-TS

2-TS

3-TS

4-TS

5-TS

END OF DOCUMENT

City of Raleigh 00100-1 Advertisement for Bids

ADVERTISEMENT FOR BIDS

POSTED: AUGUST 5, 2026

CITY BID NUMBER: 274-PRCR-2026-BRACSTAIR

Owner: City of Raleigh, North Carolina, Parks, Recreation and Cultural Resources Department, 222 West Hargett St, Suite 601, Raleigh, NC 27601

Contact: Ellis Cayton, ellis.cayton@raleighnc.gov

Bids will be received until 11:00 am, Wednesday, September 9, 2026, for the furnishing of labor, material, and equipment for the Buffalo Road Aquatic Center Stair Tower Repainting and Tread Replacement project. This project is being bid informally; bids will NOT be opened at a public forum. Sealed Bids may be submitted to the above address, or bid may be submitted to the email provided above.

After Bids are opened, the Owner shall evaluate them in accordance with the methods and criteria set forth in the Instructions to Bidders. The Owner/City Council reserves the right to waive any informality or to reject any or all Bids. Unless all Bids are rejected, Award will be made to the lowest responsible and responsive Bidder, taking into consideration quality, performance and the time specified in the Bid Form for the performance of the Contract.

A Non-Mandatory Pre-Bid Meeting will be held at 9 am, Thursday, August 20, 2026, at Buffalo Road Aquatic Center, which is located at 5908 Buffaloe Road, Raleigh, NC 27616.

Requirements for pre-bid submittals of an “or-equal” are required within [10] days of the issuance of the Advertisement for Bids and in accordance with Section 00200, Instructions to Bidders.

The Project is defined by the Contract Documents and consists generally of the following major items:

Surface preparation and rust removal, and repainting of the Stair Tower, removal and replacement of stair treads, and other ancillary work at the existing water slide at the Buffalo Road Aquatic Center, at 5908 Buffaloe Road, Raleigh, NC 27616, a City of Raleigh public park. Refer to the Technical Specifications within the Project Manual for a complete description of the project scope.

Complete Bidding Documents may be obtained by request from Ellis Cayton at ellis.cayton@raleighnc.gov. Electronic documents will be provided at no cost.

With each request for Bidding Documents supply the following information: Company name, contact person, street address, phone number, and email address for Bidding point of contact; N.

C. contractor’s license with limitation and classification; indicate if the firm will be a Prime bidder, Supplier or Sub-Contractor.

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 and the Instruction to Bidders.

Bid Security in the amount of five percent (5%) of the Bid must accompany each Bid and shall be subject to the conditions provided in the Instruction to Bidders if the base bid exceeds three hundred thousand dollars ($300,000).

City of Raleigh 00200-1 Instruction to Bidders

INSTRUCTIONS TO BIDDERS

TABLE OF ARTICLES

Page

Article 1 – Defined Terms

Article 2 – Copies of Bidding Documents

Article 3 – Qualifications of Bidders

Article 4 – Examination of Bidding Documents, Other Related Data, and Site

Article 5 – Pre-Bid Conference

Article 6 – Site and Other Areas

Article 7 – Interpretations and Addenda

Article 8 – Bid Security

Article 9 – Contract Times

Article 10 – Liquidated Damages

Article 11 – “Or-Equal” Items

Article 12 – Subcontractors, Suppliers and Others

Article 13 – Preparation of Bid

Article 14 – Basis of Bid; Comparison of Bids

Article 15 – Submittal of Bid

Article 16 – Modification and Withdrawal of Bid

Article 17 – Opening of Bids

Article 18 – Bids to Remain Subject to Acceptance

Article 19 – Evaluation of Bids and Award of Contract

Article 20 – Contract Security and Insurance

Article 21 – Signing of Agreement

Article 22 – Sales and Use Tax

ARTICLE 1 – DEFINED TERMS

1.1 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

A. Agreement – Contract for City Construction/Repair

B. Issuing Office – The office from which the Bidding Documents are to be issued and which registers plan holders.

City of Raleigh 00200-2 Instruction to Bidders

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

2.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement For Bids may be obtained by registering with the Issuing Office as identified in the advertisement.

2.2 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.3 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use.

2.4 Plan rooms (including construction information subscription services, and electronic and virtual plan rooms) may distribute the Bidding Documents, or make them available for examination.

Those prospective bidders that obtain an electronic (digital) copy of the Bidding Documents from a plan room are encouraged to register as plan holders from the Bidding Documents Website or Issuing Office. Owner is not responsible for omissions in Bidding Documents or other documents obtained from plan rooms, or for a Bidder’s failure to obtain Addenda from a plan room.

2.5 Electronic Documents

A. When the Bidding Requirements indicate that electronic (digital) copies of the Bidding Documents are available, such documents will be made available to the Bidders as Electronic Documents in the manner specified.

1. Bidding Documents will be provided in Adobe PDF (Portable Document Format) (.pdf) that is readable by Adobe Acrobat Reader. It is the intent of the Owner that such Electronic Documents are to be exactly representative of the paper copies of the documents. However, because the Owner and Engineer cannot totally control the transmission and receipt of Electronic Documents nor the Contractor’s means of reproduction of such documents, the Owner and Engineer cannot and do not guarantee that Electronic Documents and reproductions prepared from those versions are identical in every manner to the paper copies.

B. Unless otherwise stated in the Bidding Documents, the Bidder may use and rely upon complete sets of Electronic Documents of the Bidding Documents, described in Paragraph 2.05.A above.

However, Bidder assumes all risks associated with differences arising from transmission/receipt of Electronic Documents versions of Bidding Documents and reproductions prepared from those versions and, further, assumes all risks, costs, and responsibility associated with use of the Electronic Documents versions to derive information that is not explicitly contained in printed paper versions of the documents, and for Bidder’s reliance upon such derived information.

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

3.1 Bidders are notified that relevant Articles of Chapter 87 of the General Statutes of North Carolina, will be observed in receiving and awarding contracts. Bidders for this Project must be properly licensed for the Work.

City of Raleigh 00200-3 Instruction to Bidders

3.2 To demonstrate Bidder’s qualifications to perform the Work prior to award, within 5 days of Owner’s request, Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below.

A. Evidence of Bidder’s authority to do business in the state where the Project is located.

B. Bidder’s state contractor license number.

C. Official name of Bidder and length of time the organization has been in business under present name.

D. Address, phone and fax numbers of main place of business. Address and phone numbers of company office that will manage the Project if different than above.

E. Officers of the company. Name and resume of designated project manager and field superintendent. Number of regular employees of the organization.

F. Latest financial statement showing assets and liabilities of the company.

G. Name and home office address of the Surety proposed and the name and address of the responsible local claim agent.

H. Listing of completed projects of similar size and type in the last 5 years. Provide name and phone number of project owner representative.

I. Existing work commitments.

J. List of work to be subcontracted. Name and addresses of subcontractors.

K. Names and addresses of major material Suppliers.

L. Statement that bidder is capable of completing the project within the stated time.

M. Safety record of company for the last 5 years showing any violations, etc.

N. List of all claims/resolutions/final judgements for the last 10 years.

O. Failure or refusal to furnish information requested shall constitute a basis for disqualification of Bidder and the withholding of the Bid Bond.

3.3 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder’s representations and certifications.

ARTICLE 4 – EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE

4.1 It is the responsibility of each Bidder before submitting a Bid to:

A. Examine and carefully study the Bidding Documents, and the other related data identified in the Bidding Documents, including any Addenda;

B. Visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

City of Raleigh 00200-4 Instruction to Bidders

C. Become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work;

D. Agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its 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;

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

F. Promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and

G. Determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work.

H. The site shall be inspected only in the company of an authorized representative of the Owner with appointments made through the Owner’s project representative. The representative’s contact information for this project is ellis.cayton@raleighnc.gov.

4.2 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific sequences of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

ARTICLE 5 – PRE-BID CONFERENCE

5.1 A Non-mandatory Pre-Bid Conference will be held at 9 am, Thursday, August 20, 2026, at Buffalo Road Aquatic Center, which is located at 5908 Buffaloe Road, Raleigh, NC 27616.

Representatives of Owner will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. Engineer will transmit to all prospective Bidders of record such Addenda as Engineer considers necessary in response to questions arising at the conference.

Oral statements may not be relied upon and will not be binding or legally effective.

ARTICLE 6 – SITE AND OTHER AREAS

6.1 The Site is identified in the Bidding Documents. The Owner has obtained the temporary easements shown for construction and limited staging and laydown area as indicated on the Drawings; however, all additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor with agreements being in writing and a copy of the agreement provided to the City. All permits, regulatory approvals and fees associated with obtaining the additional area shall be the full responsibility of the Contractor.

City of Raleigh 00200-5 Instruction to Bidders

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

7.1 All questions about the meaning or intent of the Bidding Documents are to be submitted to Owner’s Representative in writing only. Interpretations or clarifications considered necessary by Owner’s Representative, in response to such questions, will be issued by Addenda to all plan holders registered with the Issuing Office. Questions received less than [7] working days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

7.2 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer.

7.3 Submittal with questions shall include the project name, City Bid Number, the person’s name submitting the question, firm, telephone number, and email address.

7.4 Addenda, when issued, will be on file at the offices of the Owner and the NC electronic Vendor Portal (eVP) at least [24] hours before Bids are opened. It shall be the Bidder’s responsibility to make inquiry as to the Addenda issued. All such Addenda shall become part of the Contract Documents and all Bidders shall be bound by such Addenda, whether or not received by the Bidders.

ARTICLE 8 – BID SECURITY

8.1 A Bid must be accompanied by Bid security made payable to Owner in an amount of 5 percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternatives) and in the form of a certified check, bank money order, or a Bid Bond (on the form attached) issued by a surety meeting the requirements of the General Conditions if the base bid exceeds three hundred thousand dollars ($300,000).

8.2 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the Agreement or the end of the Bid holding period, whereupon Bid security furnished by such Bidders will be returned.

8.3 Bid security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within 7 days after the Bid opening.

City of Raleigh 00200-6 Instruction to Bidders

ARTICLE 9 – CONTRACT TIMES

9.1 The number of days within which, or the dates by which, the Work is to be substantially completed, ready for final payment, and Milestones (if any) are set forth in Agreement.

ARTICLE 10 – LIQUIDATED DAMAGES

10.1 Provisions for liquidated damages, if any, are set forth in Section 0800, Supplemental General Conditions.

ARTICLE 11 – “OR-EQUAL” ITEMS

11.1 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, or those “or-equal” materials and equipment approved by Engineer and identified by Addendum. The materials and equipment described in the Bidding Documents establish a standard of required type, function and quality to be met by any proposed “or-equal” item. No item of material or equipment will be considered by Engineer as an “or-equal” unless written request for approval has been submitted by Bidder and has been received by Engineer within [10] days of the issuance of the Advertisement for Bids or invitation to Bidders. Each such request shall conform to the requirements of the contract documents. The burden of proof of the merit of the proposed item is upon Bidder. Engineer’s decision of approval or disapproval of a proposed item will be final. If Engineer approves any proposed item, such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in any other manner.

Applications for review of “or-equals” materials or equipment shall be by Bidders only.

11.2 All prices that Bidder sets forth in its Bid will be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” requests are made at Bidder’s sole risk.

ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS AND OTHERS

12.1 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening submit to Owner a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, without an increase in the Bid.

12.2 If apparent Successful Bidder declines to make any such substitution, Owner may declare the Bid as non-responsive and award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes

City of Raleigh 00200-7 Instruction to Bidders no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement.

12.3 Contractor shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom Contractor has reasonable objection.

ARTICLE 13 – PREPARATION OF BID

13.1 The Bid Form is included with the Bidding Documents. Additional copies may be obtained from the Issuing Office. To bid the project the Bidder should be registered with the Issuing Office.

13.2 All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each item listed therein. In the case of optional alternatives the words “No Bid,” “No Change,” or “Not Applicable” may be entered. Bid forms shall not be conditional, limited, or restricted in any way.

13.3 A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown.

13.4 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown.

13.5 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown.

13.6 A Bid by an individual shall show the Bidder’s name and official address.

13.7 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown.

13.8 All names shall be printed in ink below the signatures.

13.9 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form.

13.10 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown.

13.11 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located. Bidder’s state contractor license number, if any, shall also be shown on the Bid Form.

City of Raleigh 00200-8 Instruction to Bidders

ARTICLE 14 – BASIS OF BID; COMPARISON OF BIDS

14.1 Lump Sum

A. When the Bid Form is set up for Lump Sum bidding, Bidders shall submit a Bid on a lump sum basis as set forth in the Bid Form.

A. When the Bid Form includes Alternate(s), Bidders shall submit a Bid on a lump sum basis for the base Bid and include a separate price for each alternate described in the Bidding Documents as provided for in the Bid Form. The price for each alternate will be the amount added to or deleted from the base Bid if Owner selects the alternate.

B. In the comparison of Bids, alternatives will be applied in the same order of priority as listed in the Bid Form to the extent that project funds are available.

14.2 Unit Price

A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule.

B. The total of all estimated prices will be the sum of the products of the estimated quantity of each item and the corresponding unit price.

C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

D. When the Bid Form includes Alternate(s), Bidder shall submit a Bid on a unit price basis for the base Bid and include a separate price for each alternate described in the Bidding Documents as provided for in the Bid Form. The price for each alternate will be the amount added to or deleted from the base Bid if Owner selects the alternate.

E. In the comparison of Bids, alternatives will be applied in the same order of priority as listed in the Bid Form to the extent that project funds are available.

14.3 Allowances

A. When the Bid Form includes cash allowances, the Bid price shall include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents.

ARTICLE 15 – SUBMITTAL OF BID

15.1 The Owner, at the location and time indicated in the Advertisement for Bids, will receive sealed Bids. Bids received after the indicated time and date shall not be considered.

15.2 With each copy of the Bidding Documents, a Bidder may be furnished one separate unbound copy of the Bid Form and the Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid security and all attachments as outlined in Article 8 of the Bid Form. The complete list of required bid documents can also be found in the attached Bidder’s Checklist. The completed checklist shall be the first page of all bids submitted.

City of Raleigh 00200-9 Instruction to Bidders

15.3 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement For Bids and shall be enclosed in a plainly marked package with the Project title, City Bid Number, and project name as applicable, the name and address of Bidder, and shall be accompanied by the Bid security (in a separately sealed envelope, marked as such, and attached to the Bid envelope)] and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid shall be addressed to Ellis Cayton, City of Raleigh, Parks, Recreation and Cultural Resources Department, 222.W. Hargett St. Suite 608, Raleigh, NC 27601. Bids may be submitted electronically to the email address on the Advertisement for Bids.

15.4 The Bidder shall be fully responsible for timely delivery at the location designated for receipt of the Bids.

ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

16.1 A Bid may be modified or withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. Modifications shall indicate only the amount to be added to or deducted from the Bidder’s Bid amount as submitted on the Bid Form.

16.2 No bid may be withdrawn after the Bid opening for a period of time as indicated in the Bid Form except in accordance with the provisions of N.C. General Statutes 143-129.1.

ARTICLE 17 – OPENING OF BIDS

17.1 Bids will be opened at the time and place indicated in the Advertisement For Bids and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.1 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT

19.1 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder when the lowest responsible Bid is in excess of the funds available.

19.2 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

City of Raleigh 00200-10 Instruction to Bidders

19.3 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

19.4 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions.

19.5 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract Documents.

19.6 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project.

19.7 In determining the lowest responsible Bidder, Owner may take into consideration the past performance of Bidder on construction contracts with particular concern given to completion times, quality of work, safety record, cooperation with other contractors, and cooperation with owner.

19.8 In determining the responsive Bidder, Owner shall take into consideration bidder’s compliance with the requirements of G.S. 143-128.2(c). Failure of the low bidder to furnish affidavit(s) and documentation as required by the Bid Form for compliance with G.S. 143-128.2(c) may constitute a basis for disqualification of the Bid.

19.9 Owner reserves the right to reject Bid as non-responsible if the evidence submitted by, or investigation of, such Bidder fails to satisfy Owner that such Bidder is properly qualified to carry out the obligations of the Agreement and to complete the Work described therein.

19.10 Should the Owner adjudge that the apparent low Bidder is not the lowest responsible Bidder by virtue of the above information, said apparent low Bidder will be so notified and his Bid security shall be returned.

19.11 If the Contract is to be awarded, the Owner reserves the right to award contracts to the lowest responsive, responsible bidder in the manner described above.

ARTICLE 20 – CONTRACT SECURITY AND INSURANCE

20.1 The General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds and certificate of insurance.

ARTICLE 21 – SIGNING OF AGREEMENT

21.1 Refer to Notice of Award for information and conditions required by Bidder for the execution of the Agreement.

City of Raleigh 00200-11 Instruction to Bidders

21.2 In case of failure of Owner to execute the Agreement in the appropriate time, Bidder shall have the right to withdraw bid.

21.3 In case of failure of Bidder to execute the Agreement, Owner may at his option consider the Bidder in default, in which case Bid security accompanying Bid shall be retained by the Owner.

21.4 Applicable laws, ordinances, and the rules and regulations of authorities having jurisdiction over construction of the Project shall apply to the contract throughout.

ARTICLE 22 – SALES AND USE TAX

22.1 The Owner is exempt from sales and use taxes on materials and equipment to be incorporated in the Work. [Said taxes shall be included in the Bid] Refer to the Supplementary Conditions for additional information.

1.END OF DOCUMENT

City of Raleigh 00409-1 Bidder’s Checklist

BIDDER’S CHECKLIST

This checklist shall be included as the first page of the submitted bidding documents. As outlined in Article 7 of the Bid Form section, the following items shall be included with the fully executed Section 00410 Bid Form:

A. Complete 00410 Bid Form

C. Signed Contractor’s Poor Performance Policy

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

1.13

City of Raleigh 00410-1 Bid Form

BID FORM

PROJECT: Buffalo Road Aquatic Center Stair Tower Repainting and Tread Replacement

CITY BID NO.: 274-PRCR-2026-BRACSTAIR

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 10 – Bidder Qualifications

ARTICLE 1 – BID RECIPIENT

1.01 This Bid is submitted to:

Ellis Cayton City of Raleigh, Parks, Recreation and Cultural Resources Department 222.W. Hargett St. Suite 608 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 90 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

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 Supplementary General Conditions containing reliable Technical Data, and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in Supplementary General Conditions 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

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 all Work, a Lump Sum of:

________________________________________________________________Dollars

B. All specified cash allowances are included in the price(s) set forth above.

5.02 Allowance No. 1: Lump-Sum Allowance for owner’s contingency

$5,000 Dollars($)

THIS AREA INTENTIONALLY LEFT BLANK

City of Raleigh 00410-4 Bid Form

5.03 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 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 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 00410-5 Bid Form

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 14 calendar days after the date when the Contract Times commence to run, and will be completed and ready for final payment within 1 calendar days after the date when the Contract Times commence to run. Click or tap here to enter text.

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), if applicable;

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

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

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:

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 contract documents.

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 General Conditions.

ARTICLE 9 – BID SUBMITTAL

9.01 Bidder’s License

A. Number: _________________________________

City of Raleigh 00410-6 Bid Form

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: ____________________________________________

City of Raleigh 00410-7 Bid Form

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)

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 ____/____/____.

City of Raleigh 00410-8 Bid Form

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): ________________________________________________________

ARTICLE 10 – BIDDER QUALIFICATIONS

10.01 List three references with contact person and telephone number who are qualified to objectively judge the results of similar work performed by the bidder in the last three years.

A.

Name and Title Email and/or Tel. No

Project Title and Dollar Amount Date of Completion Project Role: □ Prime GC □ Subcontractor

B.

C.

City of Raleigh 00410-9 Bid Form

10.02 List previous contracting experience, including contract dollar amounts. Attach additional sheets of information as needed

City of Raleigh 00442-1 Poor Performance Policy

CITY OF RALEIGH

CONTRACTOR'S POOR PERFORMANCE POLICY

RESOLUTION NO. (1992) 790

A RESOLUTION TO REGULATE THE PARTICIPATION IN CITY CONSTRUCTION PROJECTS

BY CONTRACTORS WHO MAY NOT BE CAPABLE OF TIMELY AND PROPER COMPLETION

OF CITY PROJECTS.

WHEREAS, the City of Raleigh wishes to minimize cost and inconvenience to the citizenry caused by the failure of contractors to complete projects in a timely manner in accordance with approved project schedules; and

WHEREAS, North Carolina law allows cities to award bids to responsible bidders and the inability to complete work on time is one indication of a lack of responsibility.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RALEIGH:

Section 1. That the City Manager may disqualify bidders from participation in bidding and award of contracts for city construction projects based on the following conditions existing simultaneously:

A. The dollar value of the work completed is less than the dollar value of the work which should have been completed on the basis of the contractor's approved progress schedule by more than twenty percent of the current contract amount. The dollar amount of the work completed will be the total estimate to date shown in the latest partial pay estimate.

The current contract amount will be the contract estimate plus accumulated overruns and less accumulated underruns shown in the latest partial pay estimate.

B. The percentage of the work completed is less than the percentage of contract time elapsed on the work by more than twenty percent. The percentage or work completed will be the dollar value of the work completed as defined above divided by the current contract amount as defined above. The percentage of contract time elapsed will be the number of calendar days elapsed as shown in the latest partial pay estimate divided by the total contract time in calendar days.

Section 2. The City Manager shall not include any late days which are caused by the City in any of his calculations directed at determining bid status.

Section 3. All City construction project specifications shall contain a specific provision clearly outlining the policies set out in this Resolution, including the criteria for determining whether a contractor is…