CITY OF FAYETTEVILLE, NC | ITB No.COF1517005 | City Hall 3rd Floor Renovation

City of Fayetteville, NC | 433 Hay Street, Fayetteville, NC 28301 | (910) 433-1942 Page 1 of 98

CITY OF FAYETTEVILLE, NORTH CAROLINA

INVITATION TO BID – CONSTRUCTION

City Hall 3rd Floor Renovation

ITB No. COF1517005

DATE ISSUED: July 1, 2026 BIDS DUE: July 23, 2026 at 2:00 PM ET

FUNDING SOURCE: General Fund ISSUED BY: City of Fayetteville, North Carolina

PRIMARY CONTACT: Kim Toon, Purchasing Manager KimberlyToon@fayettevillenc.gov

(910) 433-1942

OFFERORS ARE NOT REQUIRED TO RETURN THIS FORM.

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A MESSAGE FROM THE CITY OF FAYETTEVILLE CITY MANAGER, DR. DOUGLAS J. HEWETT, ICMA-CM

The City of Fayetteville is fully committed to providing Small Local Business Enterprises (SLBEs) and small businesses an equal opportunity to participate in all aspects of City contracting, including but not limited to participation in the procurement of contracts relating to construction, professional services, equipment, supplies, and improvements to facilities throughout the City.

It is the policy of the City to prohibit discrimination against any person or business in pursuit of these opportunities on the basis of race, sex, color, religion, national origin, age, or disability, and to conduct its contracting and purchasing programs so as to prevent such discrimination. The City is committed to following all applicable federal, state, and local laws as they relate to procurement practices.

Small Business Participation Commitment The City will actively seek and identify qualified small businesses, including SLBEs, and offer them the opportunity to participate in the procurement of contracts for all City purchasing and service contracts as well as construction and repair contracts. The City aspires to spend 40% of its eligible contract dollars with small local suppliers and contractors.

Small Business Enterprise Program The City’s Charter has been amended by the General Assembly (H.B. 198) to establish a small business enterprise program to promote the development of small local businesses. The City is authorized to establish bid and proposal specifications that include measures to enhance participation by small business enterprises located in Cumberland and Hoke Counties, including:

• Arranging solicitations, specifications, and contract requirements to facilitate small business participation

• Providing technical assistance and capacity building programs

• Carrying out information and communication programs on contracting procedures and opportunities

• Implementing outreach programs to identify and engage qualified small businesses

• Offering supportive services to help small businesses compete effectively

• Ensuring prompt payment to subcontractors

• Simplifying bonding and insurance requirements where appropriate

Federal and State-Funded Projects — Important Notice In accordance with state directive following the U.S. Department of Transportation’s October 3, 2025 Interim Final Rule to 49 CFR Part 26:

For Federally-Funded Contracts:

• No DBE goals may be established for federally-funded contracts until further guidance is provided by the state

• All existing DBE certifications are in suspended status pending Unified Certification Program

(UCP) reevaluation under new individualized disadvantage standards

• Firms are not required to submit DBE participation commitments at this time

For State-Funded Contracts:

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TABLE OF CONTENTS

Small Business Participation Commitment Small Business Enterprise Program Federal and State-Funded Projects — Important Notice

For Federally-Funded Contracts:

For State-Funded Contracts:

Equal Opportunity for All

TABLE OF CONTENTS

NOTICE TO BIDDERS

SECTION 1: INTRODUCTION & GENERAL INSTRUCTIONS

1.1 Intent of Invitation to Bid

1.2 Background

The purpose of this construction project is to renovate an existing storage room located on the 3rd floor of City Hall at 433 Hay Street, Fayetteville, NC 28301, and convert the space into functional office accommodations to support City operations. The renovation is intended to improve the utilization of existing interior space by creating three equally sized private offices and an adjoining corridor within the current building footprint The project site is located within the occupied City Hall facility in downtown Fayetteville, North Carolina. Contractors shall be expected to coordinate all work activities to minimize disruption to ongoing City operations and maintain safe access throughout the duration of construction The scope of work includes all associated architectural, mechanical, electrical, IT/data, fire sprinkler, and life safety modifications necessary to support the renovated office layout and to ensure compliance with applicable building codes, egress requirements, and City of Fayetteville standards. 9 There are no known prior contracts associated with this specific renovation scope

1.3 ITB Schedule

1.4 Pre-Bid Meeting (MANDATORY)

1.5 Vendor Registration

SECTION 2: BID SUBMISSION REQUIREMENTS

2.1 Submission of Bids

2.2 Bid Contents

2.3 Request for Clarification

2.4 Addenda

2.5 Withdrawal of Bids

2.6 Public Records

2.7 Insurance Requirements

2.8 Contractor Licensing

2.9 Conflict of Interest

2.10 City’s Reserved Rights

SECTION 3: EVALUATION OF BIDS

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3.1 Award Standard — Lowest Responsive, Responsible Bidder

3.2 Responsiveness and Responsibility Criteria

3.3 Evaluation Process

3.4 Confidentiality During Evaluation

SECTION 4: AGREEMENT & GENERAL CONDITIONS

4.1 Contract Term

4.2 Contract Execution

4.3 Availability of Funds

4.4 Non-Discrimination / Equal Opportunity

4.5 E-Verify Compliance

4.6 NC Secretary of State Registration

4.7 Collusive Bidding

4.8 General Indemnity

4.9 ADA Compliance and Accessibility Requirements

4.10 Assignment and Subcontracting

4.11 Termination

4.12 Dispute Resolution

4.13 Notification of Legal Issues

SECTION 5: NC CONSTRUCTION PROCUREMENT TERMS AND CONDITIONS

5.1 Formal Bidding Requirements — G.S. 143-128 and 143-129

5.2 Performance Bond and Payment Bond — G.S. 44A-26 and 44A-27

5.3 Bid Security / Bid Bond

5.4 Retainage — G.S. 143-134.1

5.5 Prompt Payment — G.S. Chapter 22C (NC Prompt Pay Act)

5.6 Change Orders and Modifications

5.7 Substantial Completion and Final Completion

5.8 Liquidated Damages

5.9 Construction Safety — OSHA and NC OSH

5.10 Lien Waivers and Releases — G.S. Chapter 44A

5.11 Sales Tax Exemption — G.S. 105-164.14(b)

5.12 Materials, Testing, and Inspections

5.13 Environmental Compliance

5.14 Contractor’s License Compliance — G.S. 87-1

5.15 Warranty

5.16 NC General Statutes Reference

SECTION 6: SUBCONTRACTOR REQUIREMENTS AND FLOW-DOWN TERMS

6.1 Subcontractor Identification and Approval

6.2 Subcontractor Changes — Immediate Reporting Requirement

6.3 Flow-Down Terms and Conditions

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6.4 Sub-Tier Subcontractors

SECTION 7: SDBE & HUB PROGRAM REQUIREMENTS

7.1 City of Fayetteville SDBE Program

7.2 NC HUB Program — G.S. 143-48, G.S. 143-48.4, G.S. 143-128.2, and G.S. 143-128.4

7.3 HUB Affidavit Forms (See Attachment L)

7.4 Reporting Requirements During Contract Performance

SECTION 8: SCOPE OF WORK

8.1 Overview

8.2 Detailed Requirements

8.3 Performance Standards

8.4 Project Timeline and Phasing

The anticipated award of contract is September 2026, with an estimated Notice to Proceed (NTP) date of October 2026 The construction duration will be determined based on the Contractor’s proposed schedule and sequencing plan submitted following contract award. Substantial Completion and Final Completion dates will be established upon review and acceptance of the Contractor’s schedule

8.5 City Responsibilities

8.6 Deliverables

SECTION 9: RESPONDENT INFORMATION SHEET

SECTION 10: BID RESPONSE FORM

ATTACHMENT A: BID SCHEDULE / FINANCIAL PROPOSAL

ATTACHMENT B: REFERENCES FORM (CONSTRUCTION)

ATTACHMENT C: SMALL BUSINESS PARTICIPATION (SDBE & HUB PROGRAMS)

C.1 City of Fayetteville SDBE Program C.2 NC HUB Program

ATTACHMENT D: CERTIFICATION OF FINANCIAL CONDITION

ATTACHMENT E: LOCATION OF WORKERS UTILIZED BY VENDOR

ATTACHMENT F: NON-COLLUSION CERTIFICATION

ATTACHMENT G: DEBARMENT, SUSPENSION & RESPONSIBILITY CERTIFICATION

ATTACHMENT H: PENDING LITIGATION & LEGAL PROCEEDINGS DISCLOSURE

ATTACHMENT I: SUBCONTRACTOR LIST AND CHANGE NOTIFICATION FORM

SUBCONTRACTOR CHANGE NOTIFICATION FORM

ATTACHMENT J: BID BOND / PERFORMANCE BOND / PAYMENT BOND

BID BOND

PERFORMANCE BOND — G.S. 44A-26

PAYMENT BOND — G.S. 44A-27

ATTACHMENT K: DRAFT CITY OF FAYETTEVILLE GENERAL CONSTRUCTION CONTRACT

EXHIBITS

ATTACHMENT L: HUB / SDBE AFFIDAVITS (BIDDER MUST COMPLETE AND RETURN)

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HUB AFFIDAVIT A — LISTING OF PROPOSED SDBE/HUB SUBCONTRACTORS AND

SUPPLIERS

HUB AFFIDAVIT B — GOOD FAITH EFFORTS DOCUMENTATION

HUB AFFIDAVIT C — SDBE/HUB CERTIFICATION AND UTILIZATION COMMITMENT

PART I — Prime Contractor SDBE/HUB Status PART II — Utilization Commitment PART III — Certification

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NOTICE TO BIDDERS

Pursuant to N.C.G.S. 143-129, sealed bids will be received by the City of Fayetteville, until 2:00 p.m., July 23, 2026, at City Hall, 433 Hay Street, Fayetteville, North Carolina, at which time they will be publicly opened and read aloud for the following:

The project consists of the renovation of an existing storage room located on the 3rd floor of City Hall at 433 Hay Street, Fayetteville, NC 28301. The renovation will convert the existing space into three equally sized private offices and an adjoining corridor. The work shall include all associated architectural, mechanical, electrical, IT/data, fire sprinkler, and life safety modifications necessary to provide compliant egress and meet applicable City of Fayetteville standards and code requirements.

Project No.COF1517005

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

The City of Fayetteville will not be responsible for picking up bids at the post office. Bids arriving after the hour designated for opening shall not be considered.

Plans, specifications, and bid documents may be obtained in the Purchasing Office of the City of Fayetteville, 2nd floor, City Hall, 433 Hay Street, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, or by email request to KimberlyToon@fayettevillenc.gov. Bid Documents are also posted at: https://www.fayettevillenc.gov/City-Departments/Finance/Purchasing/Bid-Opportunities.

The advertisement for this Invitation to Bid was published at least seven (7) full days before the bid opening date in a newspaper of general circulation and/or electronically in accordance with G.S. 143- 129(b).

THIS PROJECT IS FUNDED SOLELY WITH CITY OF FAYETTEVILLE GENERAL FUND / LOCAL

FUNDS. No federal funding is involved. Federal terms and conditions — including Davis-Bacon prevailing wage requirements and federal Buy American provisions — do not apply to this contract.

Questions regarding this bid must be submitted in writing by e-mail to Kimberly Toon, Purchasing Manager, at COFbiddingquestions@fayettevillenc.gov no later than 5:00 p.m. on the deadline stated in the ITB Schedule. Bidders are expressly prohibited from contacting any City of Fayetteville official or employee except through the designated channel above.

The City reserves the right to reject any or all bids and to waive all informalities or irregularities, taking into consideration quality, performance, and the time specified in the bids for the performance of the contract, and to award the contract to the lowest responsive and responsible bidder whose bid conforms to all material requirements of the Invitation to Bid.

City of Fayetteville Kim Toon, CLGPO — Purchasing Manager

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SECTION 1: INTRODUCTION & GENERAL INSTRUCTIONS

1.1 Intent of Invitation to Bid

The purpose and intent of this Invitation to Bid (ITB) is to solicit competitive sealed bids from qualified, licensed general contractors to The purpose and intent of this Invitation to Bid (ITB) is to solicit competitive sealed bids from qualified, licensed general contractors to provide renovation services for an existing storage room located on the 3rd floor of City Hall at 433 Hay Street, Fayetteville, NC 28301. The project includes the conversion of the existing space into three equally sized private offices and an adjoining corridor, including all associated architectural, mechanical, electrical, IT/data, fire sprinkler, and life safety modifications required to meet applicable codes, compliant egress requirements, and City of Fayetteville standards.

The resulting contract is expected to provide a fully completed and code-compliant office renovation that delivers functional private office space, upgraded building systems, and all necessary supporting infrastructure in accordance with the project plans, specifications, and applicable regulatory requirements.

Bids shall include an allowance of $10,000 for all labor and materials for the associated fire sprinkler system modification work.

The following documents constitute this ITB:

• This document (base ITB and all sections)

• Section 5: NC Construction Procurement Terms and Conditions

• Section 6: Subcontractor Requirements and Flow-Down Terms

• Section 7: HUB/SDBE Program Requirements

• Section 8: Scope of Work / Technical Specifications

• Section 9: Respondent Information Sheet

• Section 10: Bid Response Form

• All required Attachments (A through L)

1.2 Background

The purpose of this construction project is to renovate an existing storage room located on the 3rd floor of City Hall at 433 Hay Street, Fayetteville, NC 28301, and convert the space into functional office accommodations to support City operations. The renovation is intended to improve the utilization of existing interior space by creating three equally sized private offices and an adjoining corridor within the current building footprint.

The project site is located within the occupied City Hall facility in downtown Fayetteville, North Carolina. Contractors shall be expected to coordinate all work activities to minimize disruption to ongoing City operations and maintain safe access throughout the duration of construction.

The scope of work includes all associated architectural, mechanical, electrical, IT/data, fire sprinkler, and life safety modifications necessary to support the renovated office layout and to ensure compliance with applicable building codes, egress requirements, and City of Fayetteville standards.

There are no known prior contracts associated with this specific renovation scope.

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1.3 ITB Schedule

Action / Event Responsibility Date / Time

Mandatory Pre-Bid Conference / Site Walk-Through

City & Bidders Wednesday, July 8,2026 at 1:00

PM

Deadline for Written Questions Bidders Tuesday, July 14, 2026 at 5:00PM

City Response to Questions / Addendum Posted

City of Fayetteville Thursday, July 16, 2026

Bid Submission Deadline Bidders Thursday, July 23,2026 at 2:00PM

Public Bid Opening City of Fayetteville Thursday, July 23,2026 at 2:00PM

Evaluation / Responsibility Review City of Fayetteville Tuesday, July 28, 2026, at 4:00pm

Anticipated Award / Council Approval

City of Fayetteville Tuesday, August 5, 2026, at 10:00am

Contract Execution City of Fayetteville Tuesday, August 18, 2026, at 10:00am

Notice to Proceed City of Fayetteville TBD

All dates are subject to change. Any modifications will be communicated via addendum.

1.4 Pre-Bid Meeting (MANDATORY)

Attendance at the Pre-Bid Meeting and Site Walk-Through is MANDATORY. The meeting will be held at 433 Hay Street, City Hall Building, Winslow 3rd floor, on the date listed in the ITB Schedule above. Contractors who fail to attend will be deemed non-responsive and their bids will not be accepted.

Late arrivals will not be permitted to sign in, participate in the site visit, or have their bid considered.

Any information shared during the meeting must be confirmed by written addendum to constitute part of the official ITB.

1.5 Vendor Registration

All vendors wishing to do business with the City of Fayetteville must register through the City’s Vendor Portal at Doing Business with the City | City of Fayetteville, N.C. . A completed W-9 must be submitted with registration. Contractors must hold a valid NC General Contractor’s License (G.S. 143-128(a1) at the time of bid submission.

https://www.fayettevillenc.gov/City-Departments/Finance/Purchasing/Doing-Business-with-the-City

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SECTION 2: BID SUBMISSION REQUIREMENTS

2.1 Submission of Bids

Bids must be submitted in a sealed package clearly marked:

"ITB No. COF1517005 – City Hall 3rd Floor Renovation"

Each bidder must provide:

• Three (3) signed hard copies of the complete bid (original + two copies), AND

• One (1) electronic copy in PDF format via email to Kimberlytoon@fayettevillenc.gov

Paper/mail submissions:

City of Fayetteville – Purchasing Office Attn: Kim Toon, Purchasing Manager 433 Hay Street, Fayetteville, NC 28301

IMPORTANT: Late bids, regardless of cause, will not be accepted or considered. G.S. 143- 129(b) requires that bids be sealed; opening a sealed bid prior to the time set for opening constitutes a Class 1 misdemeanor.

2.2 Bid Contents

The bidder’s complete bid submission shall include the following items in the order listed. Failure to include any required item may result in the bid being deemed non-responsive.

Required Bid Documents:

• Completed Bid Response Form (Section 10) — fully executed by authorized representative, total bid amount in figures and words

• Bid Bond (Attachment J) — 5% of total bid amount

• List of Subcontractors (Attachment I) — all first-tier subcontractors and major suppliers

• NC General Contractor License — copy of current valid license

• Non-Collusion Certification (Attachment F)

• Debarment, Suspension & Responsibility Certification (Attachment G)

• SDBE & HUB Program Forms (Attachment C) — including HUB Affidavits A, B, and C

(Attachment L)

• Certification of Financial Condition (Attachment D)

• Qualifications / References (Attachment B) — three construction project references

• Pending Litigation Disclosure (Attachment H)

• Location of Workers (Attachment E)

• Acknowledged Addenda — all addenda issued prior to bid due date

Post-Award Required Documents (within 10 days of award):

• Performance Bond & Payment Bond (Attachment J) — 100% each

• Certificate(s) of Insurance (required levels specified in Section 2.7)

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• Executed Contract — Draft Construction Contract provided as Attachment K

• E-Verify Compliance Certification

• NC Secretary of State Registration (if required)

2.3 Request for Clarification

All questions must be submitted in writing to Kim Toon, CLGPO at COFbiddingQuestions@fayettevillenc.gov by the deadline in the ITB Schedule. Responses will be issued as written addenda posted to the City’s procurement website. Oral responses are not authoritative. (G.S.

143-129(b).)

2.4 Addenda

The City may issue written addenda to modify or clarify any part of this ITB. All addenda will be posted on the City’s procurement website. It is the Bidder’s responsibility to check for addenda. Bids must acknowledge receipt of all addenda issued.

2.5 Withdrawal of Bids

Bids may be withdrawn in writing prior to the bid opening. Withdrawal after the deadline is permitted only if the price was based on a substantial material or clerical error, in accordance with N.C.G.S. 143-129.1.

2.6 Public Records

All materials submitted become public records subject to the North Carolina Public Records Law (G.S.

Chapter 132) upon contract award, except for information properly designated as a trade secret under G.S. 66-152 or otherwise exempt under G.S. 132-1.2.

2.7 Insurance Requirements

The awarded contractor shall not commence work until all required insurance is in place. The following minimum coverages are required; specific limits are shown as fill-in fields because they may be adjusted based on project size, scope, and risk. Insurance requirements are subject to revision by the City’s Risk Manager on a project-specific basis.

Coverage Type Minimum Limits (Fill In Per Project Risk)

Commercial General Liability (ISO

#CG 00 01)

$1,000,000 per occurrence / $2,000,000 aggregate

Automobile Liability (ISO #CA 00 01)

$1,000,000.00 combined single limit per accident

Workers’ Compensation & Employers’ Liability

Statutory NC limits; Employers’ Liability $500,000

Owner’s & Contractor’s Protective Liability (ISO #CG 00 09)

$2,000,000 per occurrence / $5,000,000 aggregate

Builder’s Risk / Installation Floater (if applicable)

Contractor shall provide Builder’s Risk insurance covering the value of the work in place and materials on site, written for the full replacement value of the project scope.

Coverage is required only for the work being performed, not for the replacement value of the existing building.

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Coverage Type Minimum Limits (Fill In Per Project Risk)

Umbrella / Excess Liability (if required)

$5,000,000 per occurrence / $10,000,000 aggregate

All insurers must be licensed in North Carolina and rated A-VII or better by A.M. Best. The City of Fayetteville must be named as Additional Insured on CGL, Auto, and Umbrella policies. Certificates must include 30 days’ prior written notice of cancellation to the City Purchasing Office. All subcontractors must carry equivalent minimum coverages.

2.8 Contractor Licensing

Pursuant to N.C.G.S. 87-1 and G.S. 143-128(a1), any contractor submitting a bid for construction work must hold a valid General Contractor’s License issued by the NC Licensing Board for General Contractors, with a classification and license limitation appropriate for this project. Proof of license must be included with the bid.

2.9 Conflict of Interest

Bidders must disclose any relationship between their firm and any City of Fayetteville employee, official, or Council member. Undisclosed conflicts may result in disqualification. See also G.S. 14-234.

2.10 City’s Reserved Rights

The City of Fayetteville expressly reserves the right to:

• Reject any or all bids in whole or in part, for any reason or for no reason, without liability to any Bidder (G.S. 143-129(b))

• Waive minor informalities or technicalities that do not affect price, time, or a material requirement

• Cancel or withdraw this ITB at any time prior to contract execution, with no obligation to any Bidder

• Re-advertise if fewer than three responsive bids are received or no bid is in the best interest of the City

• Conduct site visits or inspections of a Bidder’s facilities or operations prior to or during the contract term

No bid shall be binding on the City until a formal written contract is fully executed by both parties.

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SECTION 3: EVALUATION OF BIDS

3.1 Award Standard — Lowest Responsive, Responsible Bidder

Pursuant to N.C.G.S. 143-128 and 143-129, construction contracts shall be awarded to the lowest responsive, responsible bidder. The criteria below are pass/fail responsibility factors. Award goes to the lowest-priced responsive bidder who satisfies all responsibility criteria.

3.2 Responsiveness and Responsibility Criteria

Criterion Weight Pass/Fail

Technical Approach & Understanding of Construction Scope 20% ☐ Pass ☐ Fail

Qualifications, Experience & Construction References 20% ☐ Pass ☐ Fail

Project Team & Key Personnel 15% ☐ Pass ☐ Fail

Proposed Project Schedule / CPM 10% ☐ Pass ☐ Fail

SDBE / HUB Small Business Participation 10% ☐ Pass ☐ Fail

Cost / Price Proposal (Base Bid + Alternates) 25% Lowest = Award

TOTAL 100%

Note: The City reserves the right to adjust weighting through written addendum prior to the bid due date.

3.3 Evaluation Process

• All bids received by the deadline will be logged and time-stamped.

• An evaluation committee will review bids against the published criteria.

• All responsive bidders shall furnish the following within five (5) business days of written request:

(a) Certification of Financial Condition (Attachment D); (b) three (3) completed project references of similar scope (Attachment B); (c) proof of valid NC General Contractor’s License; (d) evidence of ability to obtain required bonds; and (e) evidence of required insurance coverage.

• A recommendation will be prepared for approval by the City Manager and/or City Council as required by the Local Government Budget and Fiscal Control Act (G.S. Chapter 159).

• Award will be posted to the City’s procurement website.

3.4 Confidentiality During Evaluation

While this ITB is under evaluation, Bidders are prohibited from communicating with any City employee, official, or Council member regarding bid content or evaluation outcomes. Violations may result in disqualification.

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SECTION 4: AGREEMENT & GENERAL CONDITIONS

4.1 Contract Term

Any contract resulting from this ITB shall commence upon issuance of the Notice to Proceed and continue until Final Completion and acceptance. Estimated contract duration: 60 calendar days.

4.2 Contract Execution

No contract shall be deemed awarded until a formal written agreement is executed by both parties (G.S.

160A-16). Contracts at the formal bidding threshold require a pre-audit certification by the Finance Officer pursuant to G.S. 159-28 before execution.

4.3 Availability of Funds

This contract is contingent upon appropriation of funds by the Fayetteville City Council per the Local Government Budget and Fiscal Control Act (G.S. Chapter 159). If funds are not appropriated, the City may terminate without penalty.

4.4 Non-Discrimination / Equal Opportunity

The Contractor shall not discriminate against any individual and shall comply with all applicable Federal and State requirements concerning fair employment, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act, and Executive Order 24 (2017). The City is an equal opportunity employer and requires the same of its contractors.

4.5 E-Verify Compliance

As required by G.S. 64-26, the awarded contractor certifies that it and each of its subcontractors complies with Article 2 of Chapter 64 of the NC General Statutes, including the E-Verify requirement for employers with more than 25 employees in North Carolina.

4.6 NC Secretary of State Registration

Prior to entering into a contract with the City, the awarded Bidder must be registered to do business in North Carolina with the NC Secretary of State if required by G.S. 55-15-01 (corporations) or G.S. 57D-7- 01 (LLCs). Evidence of registration must be provided within 10 business days of award notification.

Register at https://www.sosnc.gov.

4.7 Collusive Bidding

The Bidder’s signature on the Bid Response Form constitutes a guarantee that prices were arrived at independently, without collusion with other bidders, in compliance with G.S. 143-54. Violation may constitute a criminal offense under G.S. 75-2 (NC antitrust statutes).

4.8 General Indemnity

The Contractor shall defend, indemnify, and hold harmless the City of Fayetteville, its officers, employees, and agents from any claims, losses, damages, or liabilities arising from the Contractor’s performance or failure to perform under this contract, including claims arising from the acts or omissions of subcontractors.

4.9 ADA Compliance and Accessibility Requirements

All construction work performed under this contract must comply with applicable federal and North Carolina accessibility requirements, including but not limited to:

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• Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. §12131 et seq.: Applies to all public entities. All new construction and alterations must be readily accessible to and usable by individuals with disabilities.

• 2010 ADA Standards for Accessible Design: Applies to all new construction and alterations to places of public accommodation and commercial facilities. The Contractor shall design and construct all elements in conformance with these Standards.

• North Carolina Building Code, Chapter 11 — Accessibility (2018): Based on ICC/ANSI A117.1-2017. All construction shall comply with Chapter 11 of the North Carolina Building Code, including requirements for accessible routes, entrances, parking, toilet facilities, and other elements as applicable to the project type.

• G.S. 143-136 and G.S. 143-138 — NC State Building Code Authority (Chapter 11 Accessibility): North Carolina law requires that all buildings and facilities used by the public and constructed with public funds be designed and constructed to be accessible to and usable by physically handicapped persons. Contractor shall ensure compliance with these provisions throughout the project.

• Public Rights-of-Way Accessibility Guidelines (PROWAG): For any construction affecting public sidewalks, crosswalks, curb ramps, or other pedestrian infrastructure, the Contractor shall comply with PROWAG and NCDOT design standards for accessible pedestrian facilities.

• Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794): If this project receives or is associated with federal financial assistance, Section 504 requires that no qualified person with a disability shall be excluded from or denied the benefits of participation.

• Temporary Accessible Routes During Construction: The Contractor shall maintain accessible routes for pedestrians during construction. Temporary routes must comply with ADA and PROWAG requirements, including minimum 60” clear width, firm and stable surfaces, and appropriate signage. Closure of accessible routes requires prior written approval from the City.

• Path of Travel Obligations (ADA Alterations): When alterations are made to a primary function area, the Contractor shall ensure that the path of travel to the altered area (including restrooms, telephones, and drinking fountains serving the altered area) is made accessible to the extent required by ADA and NC Building Code, unless the cost is disproportionate (exceeding 20% of the alteration cost).

• G.S. 168A-1 et seq. — NC Persons with Disabilities Protection Act: The Contractor and all subcontractors shall comply with the NC Persons with Disabilities Protection Act prohibiting discrimination against persons with disabilities in employment and public services.

The Contractor shall immediately notify the City in writing if any proposed design, construction method, or site condition would create an accessibility barrier or would result in non-compliance with the above requirements. Failure to comply with applicable accessibility requirements shall be grounds for rejection of work and may require removal and replacement at Contractor’s expense.

4.10 Assignment and Subcontracting

The awarded Contractor shall not assign, transfer, or subcontract any portion of this agreement without prior written consent of the City. Any change to the approved subcontractor list MUST be immediately reported to the City Purchasing Manager in writing BEFORE the substitute or new subcontractor begins work. See Section 6.

4.11 Termination

4.11.1 Termination for Cause: The City may terminate for cause upon written notice specifying the cause and effective date. The Contractor shall have ten (10) days to cure.

4.11.2 Termination for Convenience: The City may terminate for convenience upon 30 days’ written notice. The Contractor shall be compensated for work properly performed to the termination date, including reasonable demobilization costs.

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4.12 Dispute Resolution

The parties agree to resolve disputes informally and in good faith. Claims by the Contractor shall be submitted in writing to the City’s Contract Manager within 21 days of the event giving rise to the claim.

All disputes are governed by the laws of North Carolina; venue is Cumberland County.

4.13 Notification of Legal Issues

The awarded Contractor must promptly notify the City in writing of any legal actions, investigations, bankruptcy filings, or regulatory sanctions that may affect performance. Failure to provide timely notification may result in contract termination.

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SECTION 5: NC CONSTRUCTION PROCUREMENT TERMS AND

CONDITIONS

This Section sets forth the North Carolina statutory and regulatory requirements governing all construction contracts with the City of Fayetteville. All provisions are mandatory and non-negotiable. Applicable statutes include N.C.G.S. Chapters 143, 44A, 22C, 87, and 159.

5.1 Formal Bidding Requirements — G.S. 143-128 and 143-129

All construction contracts with a cost exceeding $500,000 are subject to formal bidding requirements.

The City shall publicly advertise all such projects; bids must be submitted in sealed form and opened publicly. Separate prime bids shall be taken for General Construction, Plumbing, HVAC, and Electrical when applicable, unless a single-prime method is specified in the ITB.

5.2 Performance Bond and Payment Bond — G.S. 44A-26 and 44A-27 The successful bidder shall furnish, within ten (10) calendar days of contract award, the following bonds from a surety authorized in NC with an A.M. Best rating of A-VII or better:

• Performance Bond: 100% of the contract price, conditioned upon faithful performance of the contract

• Payment Bond: 100% of the contract price, conditioned upon prompt payment for all labor, materials, and equipment (G.S. 44A-27)

Failure to furnish required bonds within the specified time shall be cause for rejection of the bid and forfeiture of the bid security.

5.3 Bid Security / Bid Bond

Each bid shall be accompanied by a bid bond or certified check in the amount of five percent (5%) of the total bid amount, payable to the City of Fayetteville. Bid security will be returned to unsuccessful bidders after contract execution.

5.4 Retainage — G.S. 143-134.1

• Five percent (5%) retainage shall be withheld from each progress payment until the contract is fifty percent (50%) complete.

• After 50% completion, retainage shall not be withheld from any subsequent progress payment, provided the Contractor continues to perform satisfactorily, in accordance with G.S. 143-134.1.

• Upon Substantial Completion, the City shall release retainage except for an amount not to exceed two and one-half times (250%) the estimated value of the work remaining to be completed, in accordance with G.S. 143-134.1, subject to all required lien waivers and closeout documents.

• Per G.S. 22C-3, the prime contractor shall not withhold retainage from subcontractors in excess of the percentage withheld from the prime by the City.

5.5 Prompt Payment — G.S. Chapter 22C (NC Prompt Pay Act)

The City shall make progress payments within 30 days of a properly submitted pay application. The prime contractor shall pay each subcontractor within seven (7) days of receipt of payment from the City for work performed by that subcontractor. Interest at one percent (1%) per month applies to late payments per G.S. 22C-5 and G.S. 143-134.1.

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5.6 Change Orders and Modifications

No change shall be authorized except by a written Change Order executed by both parties. Changes shall be priced by: (a) lump sum; (b) unit prices; or (c) cost-plus with a maximum markup of 15% for overhead and profit on the contractor’s own work, and 10% on subcontractor costs. Claims for additional cost must be submitted in writing within 21 days.

5.7 Substantial Completion and Final Completion

5.7.1 Substantial Completion: The stage when the work is sufficiently complete so the City can occupy and utilize it for its intended use. Contractor shall notify the City in writing; City will conduct inspection within 14 days.

5.7.2 Final Completion: Occurs when all punch list items are complete and the City issues a written Certificate of Final Completion. Final payment and retainage release are conditioned upon Final Completion.

5.8 Liquidated Damages

Time is of the essence. Liquidated damages of $1,000.00 per calendar day shall apply for each day beyond the Substantial Completion date. These damages represent agreed compensation for delay, not a penalty. (See also Special Provisions table in the Bid Proposal Package.)

5.9 Construction Safety — OSHA and NC OSH

The Contractor shall comply with all applicable OSHA Construction Industry Standards (29 CFR Part 1926), the NC OSH Act (G.S. Chapter 95, Article 16), and all NC Department of Labor rules. The Contractor shall designate a qualified Safety Representative on-site at all times during construction activities.

5.10 Lien Waivers and Releases — G.S. Chapter 44A

Conditional lien waivers from all first-tier subcontractors and suppliers shall accompany each pay application. Unconditional lien waivers shall be provided before the next pay application is approved.

Prior to Final Payment, unconditional lien waivers from all parties who could file a claim shall be required.

5.11 Sales Tax Exemption — G.S. 105-164.14(b)

Bid prices shall EXCLUDE North Carolina sales and use tax on materials that become a permanent part of this project. These materials are tax-exempt pursuant to G.S. 105-164.14(b). Equipment rental, consumables, and temporary materials remain taxable and shall be included in bid pricing.

5.12 Materials, Testing, and Inspections

All materials and equipment shall conform to project specifications and applicable standards. Contractor shall provide 48 hours’ advance notice before covering work requiring inspection. Costs of required testing and re-testing due to failures are the Contractor’s responsibility.

5.13 Environmental Compliance

• NC Sedimentation and Pollution Control Act (G.S. Chapter 113A, Article 4) — erosion control plan required prior to land disturbance

• NPDES Construction General Permit (NCG01) — for disturbance of one acre or more

• NC Air Quality regulations (15A NCAC 02D) for dust and emissions control

• Hazardous materials handling per applicable federal and state regulations

• Asbestos and lead paint regulations (OSHA 29 CFR §1926.1101; EPA 40 CFR Part 745) for pre-

1978 structures

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5.14 Contractor’s License Compliance — G.S. 87-1

The Contractor and all subcontractors performing licensed work shall maintain valid NC licenses (General Contractor, Electrical, Plumbing/HVAC, etc.) throughout the contract. Any lapse in required licensing shall be grounds for contract termination.

5.15 Warranty

Contractor warrants all work to be free from defects in workmanship and materials for one (1) year from Final Completion. Manufacturer warranties of greater duration shall be assigned to the City at Final Completion.

5.16 NC General Statutes Reference

Statute Subject

G.S. 22C-1 et seq. NC Prompt Pay Act — Construction Contracts

G.S. 44A, Article 3 Payment and Performance Bonds (NC Little Miller Act)

G.S. 64-26 E-Verify Requirements

G.S. 87-1 et seq. General Contractor Licensing

G.S. 105-164.14(b) Sales Tax Exemption for Permanent Construction Materials

G.S. 113A, Article 4 Sedimentation Pollution Control Act

G.S. 143-48 / 143-48.4 / 143-128.2 / 143-128.4

HUB Program — Historically Underutilized Businesses

G.S. 143-54 Non-Collusion / Antitrust

G.S. 143-129 Formal Bidding — Construction

G.S. 143-129.1 Bid Withdrawal for Clerical or Material Error

G.S. 143-134.1 Prompt Payment — Construction Contracts

G.S. 143-136 / 143-138 NC State Building Code Authority (incl. Ch. 11 Accessibility)

G.S. 159 Local Government Budget and Fiscal Control Act

G.S. 160A Cities and Towns — Contracts and Purchasing

G.S. 168A-1 et seq. NC Persons with Disabilities Protection Act

ADA, 42 U.S.C. §12131

et seq.

Americans with Disabilities Act — Title II

2018 NC Building Code, Chapter 11

Accessibility Standards (ICC/ANSI A117.1-2017)

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SECTION 6: SUBCONTRACTOR REQUIREMENTS AND FLOW-DOWN

TERMS

CRITICAL: ALL subcontractor changes MUST be immediately reported in writing to Kim Toon, Purchasing Manager, at Kimberlytoon@fayettevillenc.gov, PRIOR to the substitute or new subcontractor beginning any work. Unauthorized substitutions may result in non-payment and/or contract termination.

6.1 Subcontractor Identification and Approval

All Bidders shall submit a complete list of anticipated first-tier subcontractors using Attachment I. Approval of the subcontractor list is a condition precedent to contract execution.

• Subcontractor information must include: firm name, scope of work, NC license number, SDBE/HUB certification status, and estimated dollar value

• The City reserves the right to approve or reject any proposed subcontractor based on qualifications, licensing, debarment status, or other factors

• The prime contractor remains solely responsible for the performance of all subcontractors regardless of City review

6.2 Subcontractor Changes — Immediate Reporting Requirement

ANY change to the approved Subcontractor List — including additions, deletions, substitutions, or changes in scope — MUST be reported IMMEDIATELY and in writing to:

Kim Toon, CLGPO — Purchasing Manager Kimberlytoon@fayettevillenc.gov | (910) 433-1942

433 Hay Street, Fayetteville, NC 28301

Written notification must be submitted BEFORE the substitute or new subcontractor commences any work. The notification must include: name and license numbers of the outgoing and incoming subcontractor, reason for change, scope affected, SDBE/HUB status of the proposed substitute, and a plan to maintain SDBE/HUB goals. The City will respond within five (5) business days. Use the Subcontractor Change Notification Form in Attachment I.

6.3 Flow-Down Terms and Conditions

The prime contractor shall incorporate all of the following terms into every subcontract on this project.

These terms are mandatory and non-negotiable. The City of Fayetteville is an intended third-party beneficiary of all subcontracts.

• Legal Compliance: G.S. 143-128 et seq., G.S. 44A-25 et seq., G.S. Chapter 22C, G.S. Chapter 87, G.S. 64-26, OSHA 29 CFR Part 1926, ADA Title II, NC Building Code Chapter 11

• Non-Discrimination: Title VII, ADA, Age Discrimination in Employment Act, NC Persons with Disabilities Protection Act

• E-Verify: Certification of compliance with Article 2, Chapter 64, NC General Statutes

• Safety: Written safety plan, qualified safety representative, immediate incident reporting

• Insurance: Minimum coverages as specified in Section 2.7, City and prime named as Additional

Insured

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• Prompt Payment: Payment within 7 days of receipt per G.S. 22C-3; retainage not to exceed prime’s retainage percentage

• ADA / Accessibility: Full compliance with ADA, NC Building Code Chapter 11 (G.S. 143-136 and G.S. 143-138), and G.S. 168A-6 for all work performed

• Indemnification: Indemnify prime contractor and City from claims arising from subcontractor’s work

• Access to Records: City audit rights; minimum 5-year record retention

• One-Year Warranty: On all workmanship and materials from Final Completion

• Governing Law: North Carolina; Venue: Cumberland County

6.4 Sub-Tier Subcontractors

The prime contractor shall require each first-tier subcontractor to incorporate these same flow-down terms into all sub-tier subcontracts. The prime contractor remains responsible for compliance at all tiers.

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SECTION 7: SDBE & HUB PROGRAM REQUIREMENTS

7.1 City of Fayetteville SDBE Program

The City of Fayetteville is committed to broadening economic opportunity by encouraging the participation of Small Disadvantaged Business Enterprises (SDBEs) in City-funded construction contracts.

SDBE Definition: A business concern that is (1) small as defined by applicable SBA size standards or City thresholds for the relevant NAICS code, and (2) owned and controlled by individuals who have experienced economic disadvantage — without regard to race, gender, or ethnicity.

SDBE Participation Goal for this Solicitation: 10% of the total contract value. (Set by the Procurement Officer based on project type and available SDBE capacity.)

Good Faith Efforts: Bidders are expected to make good-faith efforts to identify and engage SDBE-certified firms. Document efforts including: solicitation of SDBE firms, responses received, and basis for any selection or rejection of SDBE quotes. To search for certified SDBE firms, contact the City Purchasing Division or visit: www.fayettevillenc.gov/purchasing.

7.2 NC HUB Program — G.S. 143-48, G.S. 143-48.4, G.S. 143-128.2, and G.S. 143-128.4 Pursuant to N.C.G.S. 143-48, 143-48.4, 143-128.2, and 143-128.4, the City also encourages participation by NC-certified Historically Underutilized Businesses (HUBs). HUB firms that are also SDBE-certified may be counted toward both programs.

NC Office of Historically Underutilized Businesses: 984-236-0130 | huboffice.doa@doa.nc.gov

7.3 HUB Affidavit Forms (See Attachment L)

Bidders are required to complete and return the following HUB Affidavit forms (Attachment L) with their bid submission:

• HUB Affidavit A — Listing of Proposed Subcontractors and Suppliers: Identifies all proposed HUB/SDBE subcontractors, their scopes of work, and estimated dollar values.

• HUB Affidavit B — Good Faith Efforts Documentation: Required only if the SDBE/HUB participation goal cannot be met. Documents the bidder’s good faith efforts to identify and engage qualified SDBE/HUB firms.

• HUB Affidavit C — SDBE/HUB Certification and Utilization Commitment: Prime contractor certifies its own SDBE/HUB status and commits to the participation levels stated in Affidavit A.

7.4 Reporting Requirements During Contract Performance

Monthly SDBE/HUB utilization reports are required with each pay application, identifying all SDBE/HUB subcontractors and suppliers, payments made, and cumulative participation percentages. Any change to SDBE/HUB subcontractors must be immediately reported to Kim Toon, Purchasing Manager, at Kimberlytoon@fayettevillenc.gov with a replacement participation plan.

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SECTION 8: SCOPE OF WORK

Instruction: Replace this section with the project-specific scope of work. The structure below is a guide.

8.1 Overview

The project consists of the renovation of an existing storage room located on the 3rd floor of City Hall at 433 Hay Street, Fayetteville, NC 28301. The renovation will convert the existing space into three equally sized private offices and an adjoining corridor. The work shall include all associated architectural, mechanical, electrical, IT/data, fire sprinkler, and life safety modifications necessary to provide compliant egress and meet applicable City of Fayetteville standards and code requirements.

8.2 Detailed Requirements

• All work shall comply with the 2018 editions of the North Carolina State Building Code, including all applicable building, accessibility, electrical, mechanical, plumbing, fire, and energy conservation codes, as well as City of Fayetteville standards and requirements, including any code-required upgrades triggered by the change of occupancy to office use. The Contractor shall obtain all required permits and coordinate all inspections necessary for project completion.

• Materials and installations shall be new, commercial-grade, and suitable for office occupancy within an active municipal facility. Interior wall construction shall consist of metal stud framing and gypsum board assemblies finished to a minimum Level 4 finish unless otherwise approved. Paint products shall be low-VOC commercial interior coatings. Flooring materials shall be durable commercial-grade products suitable for office use and installed in accordance with manufacturer specifications.

• All doors, frames, and hardware shall comply with applicable life safety and accessibility requirements, including ADA accessibility standards. Mechanical modifications shall maintain proper airflow, ventilation, and occupant comfort within the renovated area.

Electrical work shall include code-compliant lighting, receptacles, switches, and power distribution sufficient to support normal office operations. IT/data cabling shall comply with current industry standards and City IT requirements.

• All modifications to fire alarm or fire sprinkler systems shall be performed by properly licensed contractors and coordinated with the applicable Authority Having Jurisdiction (AHJ). Any penetrations through rated assemblies shall be properly sealed and firestopped in accordance with code requirements. Existing adjacent areas shall be protected from dust, debris, and damage throughout construction.

• Prior to commencing any renovation or demolition, the Contractor shall comply with all applicable asbestos and lead-based paint requirements, including OSHA 29 C.F.R. § 1926.1101, EPA 40 C.F.R. Part 745, and the asbestos NESHAP at 40 C.F.R.