Fletcher Stair Replacement at the Martin Marietta Center for the Performing Arts.pdf

CITY OF RALEIGH

RALEIGH CONVENTION AND

PERFOMRING ARTS COMPLEX (RCPAC)

Martin Marietta Center for

Performing Arts 2 East South Street Raleigh, NC 27601

BID DOCUMENTS

FOR

Fletcher Stair Replacement at the Martin Marietta Center for the

Performing Arts

Date of Issue: November 2, 2026

Fletcher Stair Replacement

Index

• Index ................................................................................................Pg. 2

• Advertisement For Bid .....................................................................Pg. 3-6

• Instructions to Bidders .....................................................................Pg. 7-10

• Bid Proposal Form ...........................................................................Pg.11-13

• Procedure for reporting NC Sales Tax Expenditures ........................Pg.14-15

• Sample Contract …………………………………………………… …..Pg. 16

CITY OF RALEIGH – ADVERTISEMENT FOR BID (INFORMAL BID)

PROJECT: Fletcher Stair Replacement for the Martin Marietta Performing Arts Center.

PROJECT LOCATIONS: 2 East South Street, Raleigh, NC 27601 (Martin Marietta Performing Arts Center).

CITY PROJECT #: 274-2027-RCPAC-07

Owner and Contact: City of Raleigh, Raleigh Convention and Performing Arts Complex Martin Marietta Performing Arts Center 2 East South Street, Raleigh, North Carolina 27601

Project Manager Contact: John Soto e-mail: john.soto@raleighnc.gov

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

Pursuant to the General Statutes of North Carolina, Section 143-128 et. Seq, contractors are invited to submit Sealed Single Prime Construction bids providing labor, material, and equipment for entering into a Single Prime Contract. The scope of work includes but is not limited to the following:

The scope of work for this project includes the demolition of three existing stairs and the installation of a new ADA-compliant ramp in the vicinity of Fletcher Theater. The specific project location will be confirmed during the pre-bid walkthrough. All work must be performed in accordance with current North Carolina building codes.

Cost Specifications

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

Pre-Bid walk through

During the pre-bid walkthrough, we will review the project area and discuss all project specifications.

Tear Out

Remove the existing stairs and any applicable concrete to prepare the area for the new concrete sidewalk. The work area should be properly blocked off, with directional signage installed to ensure pedestrians avoid the construction zone. The contractor is responsible for the removal and disposal of all debris.

Sidewalk

The ramp must be fully compliant and functional for wheelchair access, with a maximum slope of 1:12 (8.33% grade or approximately 4.8 degrees). This equates to 1 inch of vertical rise for every 12 inches of horizontal run.

Contractors should avoid using heavy equipment on grass surfaces whenever possible.

Any tear-outs, depressions, or ruts created in the grass must be leveled and restored prior to project completion.

Access and Means of Construction

The Contractor shall be responsible for determining and providing the means and methods necessary to safely access the designated areas.

The Contractor shall provide an equipment/access plan identifying the proposed equipment and access method before commencing work. All costs associated with the Contractor's proposed means and methods shall be included in the lump-sum bid unless specifically excluded in writing.

Code Compliance

All work shall be performed in accordance with applicable current North Carolina building codes, regulations, manufacturer requirements, and generally accepted construction practices.

Safety

The Contractor’s firm and all of the Contractor’s employees who may provide service under this scope of work must be licensed and certified to use the equipment they are working with. On request, the Contractor will provide copies of all certificates to the Facility’s Maintenance Superintendent.

Contractor is responsible for and will provide Safety Data Sheets (SDS) for all chemicals used to Maintenance Superintendent or designated representative for Martin Marietta Center for the Performing Arts. No chemicals or equipment will be stored on the premises.

Additional Information

In addition to the preceding Scope of Services, the Contractor and the contractor’s employees will adhere to the business practices listed as additional information.

The facility’s maintenance manager can and will identify unsatisfactory workmanship on the day of the service and have the contractor correct the discrepancy at the Contractors expense and at no cost to the City. The Contractor will check-out with the facility’s maintenance manager to ensure all work is performed satisfactorily before the Contractor leaves the site. The City waives this requirement, if given the opportunity, the City does not respond to inspect the work.

Contracted services will not interfere with exhibitions or performances. The contractor will submit a proposed service schedule 14 days in advance of any work to Maintenance Superintendent or designated representative for Martin Marietta Center for the Performing Arts. That schedule will be reviewed by all the stake holders to deconflict scheduling.

Contractor will begin work as soon as possible based on scheduling of events.

The City reserves the right to remove any Contractor or the Contractors staff without cause.

Subcontractors will be considered employees and representatives of the Contractor. As such, sub-contractors shall abide by all requirements and restrictions included here-in.

Administration

Services outside the scope of work must have a written estimate and prior approval by Project Manager.

The Contractor will coordinate all services with the Project Manager/Facility’s Maintenance Team. This includes but is not limited to checking in and checking out for each visit.

Technicians will be readily recognizable by wearing the Contractor’s business name and/or logo prominently on their outer layer of clothes.

All permit requests will be submitted to the City of Raleigh within 14 days of execution of contract.

There is no smoking, vaping or dipping on City of Raleigh property.

There is no parking at our facility.

Bids: Bidders are responsible for ensuring delivery of bids before the deadline. (No faxed or emailed bids accepted) Bids will be received by:

Time: 3:00 pm

Date: December 3, 2026

Mail Delivery: City of Raleigh

Attn: John Soto Administrative Office Raleigh Convention Center

500 South Salisbury Street Raleigh, NC 27601

RFP No. 274-2027-RCPAC-07 (Fletcher Stair Replacement)

Drop off Times: 9:00 am – 3:00 pm

Raleigh Convention Center,500 South Salisbury Street.

Deliver to the Administration Office

Pre-Bid meeting (Optional) will be held in at Martin Marietta Center for the Performing Arts, Wilmington St. Side, 2 E. South St., Raleigh 27601

Date: November 10, 2026 Time: 1:00 - 3:00pm

Questions Deadline: NLT 4:00 PM EST, November 18, 2026. Submit questions to the project manager at john.soto@raleighnc.gov

City Response to Questions (anticipated): November 24, 2026

Selection announcement (Anticipated): January 10, 2027

Proposal Submission Requirement

Proposers must submit:

A. one (1) signed original;

B. one (1) electronic version of the signed proposal and;

C. and three (3) copy paper of the signed proposal.

The electronic version of the Proposal must be submitted as a viewable and printable Adobe Portable Document File (PDF) on a USB Flash Drive. Both hard copy and electronic versions must be received by the City on or before the RFP due date and time provided in in the above RFP Timeline.

Proposals received after the RFP due date and time will not be considered and will be returned unopened to the return address on the submission envelope or package. Bidders have two (2) options for delivery of their bid documents:

• Early delivery via in person/hand delivery on the day bids are due at the time shown above. The Project Manager or representative for the Raleigh Convention and Performing Arts Complex will be onsite at that time to receive appropriately addressed bids.

• Mail in bids in accordance with the address shown above.

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

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

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

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

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

END OF ADVERTISEMENT FOR BID

INSTRUCTIONS TO BIDDERS

GENERAL

The purpose of this advertisement is to solicit and procure a single contractor to install handrailing in Memorial Theater of the Martin Marietta Performing Arts Center. All bid proposals shall be for a single lump sum.

PROJECT LOCATIONS

Martin Marietta Center for the Performing Arts 2 East South Street

BID SCHEDULE

Pre-Bid Conference: 1:00 pm, November 10, 2026 (Optional)

Questions Deadline: NLT 3:00 PM EST, November 18, 2026

Response to Questions: Anticipated response NLT November 24, 2026

Bid Deadline: NLT 3:00 pm, December 3, 2026

Question deadline and bid submission due dates are as noted in the Advertisement to Bidders.

BID DOCUMENTS

Send to:

City of Raleigh

Attn: John Soto Administrative Office Raleigh Convention Center

500 South Salisbury Street

RFP No. 274-2027-RCPAC-07 (Fletcher Stair Replacement) eVP website will post all addenda. The City of Raleigh is not responsible for the accuracy of documents anyone may obtain from any other source.

BID SUBMISSIONS

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

Bids must be made in strict accordance with the “Bid Form” provided hereto and all blank spaces for Unit Prices shall be properly filled in. If no price increase, assign “$0”. When requested alternates (if applicable) or Unit Prices have no entry, the bid may be considered incomplete, and the bid may be rejected as non-responsive. All bids must be submitted on the BID PROPOSAL FORM included herein. Prices given shall be both in writing and figures and the complete form shall be without any lineation, alterations, or erasures. In case of conflicting prices, the written prices shall govern. Submit one (1) set of bid forms enclosed.

Bids shall be received in strict accordance with all requirements of the General Statutes of North Carolina. The bids shall be submitted as noted on the Bid Proposal Form, with the bidder’s name, license number, and project name written on the exterior.

Proposers must submit:

A. one (1) signed original and;

B. one (1) electronic version of the signed proposal and;

C. three (3) copy paper of the signed proposal.

The electronic version of the Proposal must be submitted as a viewable and printable Adobe Portable Document File (PDF) on a USB Flash Drive.

The Contractor shall fill in the Form of Bid as follows:

A. All bids must be signed by an authorized official of the firm.

B. Each proposal shall include the full name and address, phone number, and e-mail contact of the bidder.

C. All signatures shall be properly witnessed.

D. It shall be the specific responsibility of the Bidder to deliver this bid to: City of Raleigh, Raleigh Convention Center prior to the date and time specified in the invitation to bidders for opening of the Bids. Bidders are encouraged to be prompt as later delivery of a Bid for any reason, including delivery by the United States Postal Service, shall disqualify the Bid.

E. Modifications of previously deposited bids will be acceptable only if delivered to the place of the bid by the specified time.

The City of Raleigh shall not be held responsible for late deliveries. Faxed and/or email submissions will not be accepted. Proposals not received by the designated time will not be accepted.

The bidder shall fill in and sign the bid form correctly. Bids that show any omission, alterations of form, additions not called for, conditional bids, or any irregularities of any kind may be rejected.

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

The City requires the use of its payment bond forms for this project unless, after consulting with the City Attorney’s office, the project manager finds that different bond forms satisfactorily protect the City.

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

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

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

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

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

SITE INVESTIGATION

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

PERMITS AND FEES

The Contractor will need to have the permit issued in its name and provide contact information to the Development Services Department as required for permit issuance. The cost for all related permit fees and final issuance of the permit shall be presented for billing against the Owners Allowance. Markups, profit and overhead are not permissible for permit costs.

NON-COLLUSION IN BIDDING

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

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

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

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

FORM OF AGREEMENT

The form of agreement to be entered into shall be the contract included within these specifications.

CONTRACT SECURITY

The Contractor shall furnish a Payment Bond, each equal to one hundred percent (100%) of the Contract Price within 10 days of being notified of award of contract. Bonds given shall meet the requirements of the law of the State of North Carolina including but not limited to G.S. 143-129 and G.S. 44A-26. The surety on each Bond shall be a surety company satisfactory to the City and duly authorized to do business in the State of North Carolina.

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

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

IRAN DIVESTMENT ACT CERTIFICATION.

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

** End of Instructions to Bidders **

CITY OF RALEIGH – BID PROPOSAL FORM

Fletcher Stair Replacement for the Martin Marietta Center for the Performing Arts

City of Raleigh Date:

Raleigh Convention and Performing Arts Complex 500 South Salisbury Street, Raleigh, North Carolina 27601

The undersigned bidder has carefully examined the Form of Contract, the Form of Contract Bonds, the General Conditions, the Supplemental Conditions and Specifications, all of which are acknowledged to be part of the proposal and the Proposal Form, and the Bidder has also examined the site of the proposed work. Bidder agrees to perform all the work included in the Contract as indicated in the Contract Documents for Handrails at the Martin Marietta Center for Performing Arts. It is the City's intention to award a contract for all work under this project to the lowest responsive, responsible bidder. The City reserves the right to reject any or all bids and to waive informalities.

The undersigned further agrees to sign a Contract for the work, if offered within ninety (45) days after receipt of Bids, and to furnish surety as specified. The Bidder further agrees to provide and furnish all necessary materials, equipment, machinery, and labor necessary to complete the demolition of the work in full, in complete accordance with the plans and specifications and the contract documents to the full and entire satisfaction of the City of Raleigh and in accordance with these documents within the time limit specified below.

In addition to all other agreements and assurances, the undersigned Bidder understands and hereby agrees as follows:

1. The Bidder represents and agrees to complete the entire project in the following number of Consecutive

Calendar Days: Forty-Five (45) days from the date on the Notice to Proceed.

2. General Contractor to obtain Certificate of Compliance for demolition.

Base Bid:

Dollars ($) (In Words)

Dollars ($) (In Figures)

Owner’s Site Conditions Allowance:

(Note that the Owner’s Site Conditions Allowance shall only be used when pre-authorized in writing by the City.)

Total Bid:

(Including Base bid and Owner’s Site Conditions Allowance):

Dollars ($) (In Words)

Dollars ($) (In Figures)

Name of General Contractor and License Number

ACKNOWLEDGMENT OF RECEIPT OF ADDENDA

The undersigned Bidder hereby acknowledges receipt of the following Addenda:

Dated Acknowledge Receipt (initial)

Please check here if no addenda were received:

PROPOSAL SIGNATURE PAGE

Respectfully submitted this day of

By:

(Name of firm or corporation making bid)

WITNESS: By:

Signature

Name:

(Proprietorship or Partnership) Print or type

Title (Owner/Partner/Pres./V.Pres)

Address

ATTEST:

By: License No.

Title: Federal I.D. No.

(Corp. Sec. or Asst. Sec. only) Email Address:

Office Phone Number:

(CORPORATE SEAL)

** END OF CITY OF RALEIGH – BID PROPOSAL FORM

PROCEDURE FOR REPORTING NORTH CAROLINA SALES TAX

EXPENDITURES ON CITY OF RALEIGH CONTRACTS

1. The following procedure in handling the North Carolina Sales Tax is applicable to this project.

Contractors shall comply fully with the requirements outlined hereinafter, in order that the owner may recover the amount of the tax permitted under the law.

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

(b) The documentary evidence shall consist of a certified statement, by the general contractor and each of his subcontractors individually, showing total purchases of materials from each separate vendor and total sales taxes by each county paid each vendor. The certified statement must show the invoice number (s) covered and inclusive dates of such invoices. State sales tax shall be listed separately from county sales tax. If more than one county is shown, each county shall be listed separately.

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

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

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

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

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

PROCEDURE FOR REPORTING NC SALES TAX EXPENDITURES

CITY OF RALEIGH CONTRACTS

North Carolina Sales Tax (Paid During This Estimate Period)

Project Project Location County Estimate No.

Contractor Period Ending

Date Vendor Invoice Number

Invoice Amount

State Tax

County Tax

Transit Tax

Total Tax County

TOTALS

I certify that the above listed vendors were paid sales tax upon purchases of building materials during the period covered by the construction estimate, and the property upon which such taxes were paid with or will be used in the performance of this contract. No tax on purchases or rentals of tools and/or equipment is included in the above list. All of the material above became a part of or is annexed to the building or structure being erected, altered or repaired.

County, North Carolina

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

Date:

Notary Public's Signature

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

NORTH CAROLINA

WAKE COUNTY

CONTRACT FOR CONSTRUCTION/REPAIR

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

WITNESSETH:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

City of Raleigh Contractor Attn: Attn:

Title: Title:

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

Address 2: Raleigh, NC 27602 Address 2:

Telephone: Telephone:

E-mail: E-mail:

8. Non-Discrimination

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

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

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

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

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

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

11.1. Workers’ Compensation Insurance:

Limits:

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

11.2. Commercial General Liability:

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

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

11.4. Commercial Automobile Liability:

$1,000,000 combined single limit.

11.5. Additional Insured:

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

General Liability and Automobile Liability.

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

The Certificate Holder address should read:

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

11.6. Builders Risk Coverage:

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

11.7. Policy Form:

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

11.8. Named Insured:

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

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

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

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

13. Indemnity

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

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

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

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

13.5. Definitions:

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

13.5.2. For the purposes of this Section 14, the term “Derivative Parties” shall mean any of the

Contractor’s subcontractors, agents, employees, or other persons or entities for which the Contractor may be liable or responsible as a result of any statutory, tort, or contractual duty.

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

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

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

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

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

14.1. Communications Plan Approval:

Any materials, messaging or outreach from the Contractor related to marketing and communications of any service or effort under this Contract must first be reviewed and approved by the City’s Communications Department. This is to ensure that the Communications Plan: (i) complies with the City’s brand and communication guidelines; (ii) integrates with the City’s other communications channels and digital strategy; (iii) meets accessibility guidelines; and (iv) conforms to communications best practices with respect to general user experience.

14.2. Accessibility Requirements:

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

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

14.2.1. Using proper headings and lists

14.2.2. Using unique links

14.2.3. Using alternative text and captions

14.2.4. Using more white space

14.2.5. Dividing content into more manageable pieces

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

14.2.7. Providing a logical reading order

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

14.2.9. Offering keyboard access

14.2.10. Offering content in multiple formats

14.2.11. Understanding minimum contrast

14.3. Languages:

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

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

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

(LEP).

14.4. Content:

For any communications content that the Contractor is required to generate, or have generated, as part of its scope of work under this Contract, the Contractor shall send such content to City Communications Department staff in raw, high-resolution format for inclusion in communications materials to be made accessible to the public and/or City employees as set forth in the Communications Plan that arises from this Contract (i.e., websites, mobile applications, printed materials collateral, and social media). PDF attachments shall be used only as a last resort and only after written approval by the City, with such written approval to be provided by the City in electronic mail format as described elsewhere in this Section 15.

14.4.1. Contractor shall only provide the City communications materials for which the City has rights to use, with written documentation of such use rights being provided to the City as requested from time to time by the City in its sole discretion.

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

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

1920x1080px for digital/Web.

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

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

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

16. Acknowledgement of City Brand and Tree Logo Ownership and Restrictions

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

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

17. Force Majeure Except as otherwise provided in any environmental laws, rules, regulations or ordinances applicable to the parties and the services performed under this Contract, neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by an act of war, hostile foreign actions, nuclear explosion, earthquake, hurricane, tornado, or other catastrophic natural event, governmental orders related to a public health condition, or act of God.