Paratransit Operations Facility LVT Flooring Replacement.pdf

FINANCIAL SERVICES

Purchasing Division

REQUEST FOR BIDS

Paratransit Operations Facility LVT Flooring Replacement

September 23, 2026

Bid Due Date:

and time:

October 21, 2026

2:30 PM

Bid Number: 4005-102126

Mailing Address: PO Box 230 High Point, NC 27261

Delivery Address: Warehouse/Purchasing 816 E Green Drive High Point, NC 27260

Purchasing Contact:

E-mail:

Phone:

Greg Parret greg.parret@highpointnc.gov 336-883-4795

Thursday, October 1st, 2026

11:00 AM

718 W Martin Luther King Jr Dr, High Point, NC 27262

Pre-Bid Conference:

IF YOU NEED ANY REASONABLE ACCOMMODATION FOR ANY TYPE OF DISABILITY IN ORDER

TO PARTICIPATE IN THE PROCUREMENT, PLEASE CONTACT PURCHASING AS SOON AS

POSSIBLE.

Vendor Name:

Vendor Address:

City of High Point | PO BOX 230, High Point, NC 27261 | 336.883.3219

Time:

Location:

mailto:greg.parret@highpointnc.gov mailto:greg.parret@highpointnc.gov

* By signing above the vendor acknowledges that terms and conditions and instructions associated with this bid have been read and accepted.

Vendor’s Authorized Signature Print Name & Title of Person Signing on Behalf of Vendor

Entity Type (check applicable): [ ] Sole Proprietorship [ ] General Partnership [ ] Limited Partnership (LP)

[ ] Limited Liability Partnership (LLP) [ ] Limited Liability Limited Partnership (LLLP)

[ ] Business Corporation [ ] Professional Corporation (PC) [ ] Limited Liability Company (LLC)

[ ] Professional Limited Liability Company (PLLC) [ ] Series LLC

Vendor Name (include d.b.a. information if applicable)

* Failure to execute/sign this bid properly prior to submittal shall render the bid invalid and it

WILL BE REJECTED.

Late bids will NOT be accepted.

Bidder Information Form

All pages bound within this Bid Document are necessary parts thereof and shall not be detached, taken apart and/or altered, or bid shall be considered non-responsive.

--PLEASE TYPE OR PRINT LEGIBLY IN BLUE OR BLACK INK--

Principal Office Address (Per Secretary of State)

City, State & Zip Email Address Telephone Number

Federal Tax ID #/Social Security # General Contractor License # (if applicable)

Bid valid for 60 days from date of bid opening. After this time, any withdrawal of bid shall be made in writing, effective upon receipt by the City at the address provided below.

• Pursuant to Section 143-129 of the North Carolina General Statutes, as amended, bids and proposals are subject to the conditions and specifications herein, are invited for materials and equipment as described herein.

• Prices or any other entry made hereon by the bidders shall be considered firm and not subject to change or withdrawal.

• Bidders certify under penalty of perjury that this bid has not been arrived at collusively and that no Federal or North Carolina antitrust laws have been violated.

• State and County sales taxes shall not be included in the bid prices. Sales tax shall be added to vendors invoice and will be paid to vendor at time of invoice payment.

• Bidders shall send this form along with this entire bound bid document on or before the above date and time, to the City of High Point Purchasing Division, PO Box 230 (27261), 816 E Green Drive, High Point, NC 27260.

NOTICE TO BIDDERS

Sealed proposals will be received by the Purchasing Division of the City of High Point located in the Municipal Operations Center, Warehouse Building at 816 East Green Drive, High Point, NC 27260, until 2:30 PM on Wednesday, October 21, 2026. This will not be a Public Bid Opening:

Bid 4005-102126 Paratransit Operations Facility LVT Flooring Replacement

Bids are invited for work as follows as well as all related miscellaneous work:

All miscellaneous work related to the above. Quantities and major work items are more thoroughly described herein.

A pre-bid conference will be held on Thursday, October 1, 2026, at 11:00 AM at the Paratransit Operations Facility located at 718 W Martin Luther King Jr Dr, High Point, NC 27262. City staff will be available to discuss the project and answer pertinent questions. All prospective bidders are urged and cautioned to attend to prepare bids based upon a full understanding of project specifications.

General contractors are advised that all bids and contract award must comply with all applicable law, including but not limited to N.C. Gen. Stat. § 87-1, et seq.

In accordance with applicable law, the City reserves the right to reject any/all bids and the City further reserves the right to waive irregularities and informalities in any bid submitted.

In accordance with the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., and regulations promulgated thereunder, including but not limited to 28 C.F.R. parts 35 and 36 and 29 C.F.R. part 1630, the City of High Point will not discriminate against individuals and will not do business with vendors who discriminate against such individuals in violation of the Act.

Greg Parret Procurement Analyst

The City of High Point is seeking bids from qualified commercial flooring contractors for flooring replacement at the Paratransit Operations Facility. The work generally includes removal and replacement of approximately 2,736 square feet of commercial flooring, including demolition, concrete surface preparation, patching, moisture mitigation, self-leveling underlayment, installation of new LVT flooring, wall base, and transition strips.

INSTRUCTIONS TO BIDDERS

1. Receipt and Opening of Bids:

A. The City of High Point invites Bids on the form attached hereto, all blanks of which must be appropriately filled in. (Do Not Complete Construction Agreement Section)

B. The City of High Point will receive Bids by the Purchasing Division at the Municipal Operations Center, Warehouse Building at 816 East Green Drive, High Point, NC 27261 until Time: 2:30 PM, Day: Wednesday, Date: October 21, 2026. This will not be a public bid opening.

2. Question and Response Period:

Questions concerning this bid are due in writing via email by:

October 7, 2026 by 12:00 PM to the attention of Greg Parret at greg.parret@highpointnc.gov

An addendum to address questions will be issued on October 9th, 2026

3. Bidding Requirements and Conditions:

A. The entire bound bid document should be submitted and placed in a sealed envelope and addressed as provided below. The envelope shall show the name and address of the Bidder, the name of the contract for which the bid is being submitted, the bid number, the contract number, and the time and date of the bid opening in order to guard against premature opening.

B. All hand-carried bids may be delivered prior to the bid due date to the City of High Point Purchasing Division located in the City Municipal Operations Center, Warehouse Building at 816 E Green Drive, High Point, North Carolina prior to the date and time scheduled for the bid opening as so advertised.

C. Bidders who mail their Proposal shall address them as follows.

Greg Parret City of High Point Purchasing Division 816 East Green Drive High Point, NC 27261

A mailed bid will be considered only if received prior to the date and time scheduled for the bid opening as so advertised.

D. All pages bound within this Bid Document are necessary parts thereof and should not be detached, taken apart or altered.

E. The attachment of any additional terms and conditions by any vendor or bidder is expressly rejected here and shall not be incorporated into the bid. Attachment of any additional terms and conditions may be grounds for rejection of the bid by the City.

F. The City of High Point may consider any Bid not prepared and submitted in accordance with the provisions herein non-responsive.

4. Preparation of Bids:

A. Bids shall meet the following requirements:

1) The itemized proposal provided by the City shall be used and not taken apart or altered. The bid shall be submitted on the same proposal forms that have been furnished to the bidder by the City.

2) All entries including signatures shall be written in black ink.

3) The Bidder shall submit a unit or lump sum price for each item listed in the itemized proposal forms.

4) In case of lump sum items, the price shall be written in figures in the Amount

Bid column in the itemized proposal.

5) The total amount bid shall be written in figures in the proper place in the itemized proposal. The total amount bid shall be determined by adding the amounts bid for each item.

6) Changes in any entry shall be made by marking a single line through the incorrect entry in black ink and making the correct entry adjacent thereto in black ink. A representative of the Bidder shall initial the change in black ink.

7) The following forms shall be filled out and executed within the bound bid document when the bid is submitted.

a. Bidder Information Form

b. Proposal/Bid Form (Tab-C)

c. Addendum(s) must be acknowledged

d. Other: All Items in Tab-D

e. Tab E: Federal Forms Acknowlegement

5. Bond Requirements:

A. Bid Bond: NOT REQUIRED FOR THIS BID Bidder’s attention is drawn to the fact that AIA Bond Forms (A310) will not be accepted. Only bond forms included in this document or forms approved by the NC State Construction Office will be accepted.

6. Power of Attorney:

The attorney-in-fact who signs Bid Bonds or Contract Bonds must file with each Bond a certified and effectively dated copy of their Power of Attorney.

7. Withdrawal of Bids:

No bid may be withdrawn for a period of sixty (60) days from the actual date of the bid opening.

8. Award and Execution of Contract:

The contract will be awarded to the lowest responsible, responsive bidder.

9. Rejection of Bids:

In accordance with applicable law, the City reserves the right to reject any and all Bids and the City further reserves the right to waive irregularities and informalities in any Bid submitted.

10. Sales Tax:

State and County sales taxes shall NOT be included in the Bid prices on any materials to be used in this contract. The Contractor will be reimbursed for sales taxes in addition to the prices bid upon submission of a certified statement showing the materials purchased, invoice number, name of vendor, dates of purchases, copy of invoices, and amount of tax paid. The certified statement must be signed by a corporate officer and notarized. Forms for applying for sales tax reimbursement will be provided to the Contractor by the City of High Point.

Sales tax will be reimbursed only on items that are annexed to, affixed to, or in some manner have become a part of the building or structure being erected, altered or repaired.

(Any products purchased internationally shall include sales tax since those taxes will not be recoverable by the City.)

11. Accessibility:

B. Performance and Payment Bonds:

Performance and Payment Bonds: NOT REQUIRED FOR THIS BID

The successful bidder shall furnish Performance and Payment Bonds when required by applicable North Carolina law or by the City of High Point.

When required, each bond shall be in the amount of one hundred percent (100%) of the contract amount and issued by a surety authorized to do business in North Carolina.

All required bonds shall be provided prior to commencement of work, and associated costs shall be included in the bidder’s submitted price.

The meeting facilities of the City are accessible to individuals with disabilities. If special accommodation is required, call (336) 883-3298, TDD (336) 883-8517, or the North Carolina Relay System (TDD 1 (800) 735-2962).

12. Bid Results:

Bid Tabulations will be posted at https://www.highpointnc.gov/Bids.aspx.

Verbal requests for unofficial, apparent low Bidder results of open market Bid information will be available once the award has been made for this bid. Bid results will be posted on the City’s website at https://www.highpointnc.gov/Bids.aspx

13. Public Records; Trade Secrets:

Under applicable law, all materials submitted in response to this solicitation will be public records unless an exception or exemption applies. The City will treat information in any materials submitted as a trade secret only if (i) the information meets all requirements under applicable law, including the definition in N.C. Gen. Stat. § 66-152(3) and all conditions under N.C. Gen. Stat. § 132-1.2(1), and (ii) each page containing such information is clearly designated as “CONFIDENTIAL” or “TRADE SECRET” at the time of submission to the City. Bidders are strongly discouraged from including trade secret information in their proposals except where it is reasonably necessary for the City’s evaluation of the proposal. All pricing, including but not limited to unit prices and total proposal amounts, will be public records and will not be treated as confidential. Nothing in this solicitation shall be construed as obligating the City to protect any information received in response to or otherwise related to this solicitation beyond what is required by applicable law, and the City will make its own determinations regarding the applicability to such information of any exception or exemption under NC public records laws. Each bidder shall defend, indemnify, and hold harmless the City and its officers, directors, employees, agents, successors, and permitted assigns from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers, incurred in connection with the City’s refusal to disclose any information that the bidder has designated as a trade secret in accordance with this solicitation and applicable law https://www.highpointnc.gov/Bids.aspx https://www.highpointnc.gov/Bids.aspx

CONSTRUCTION AGREEMENT

City of High Point Bid Number 4005-102126

Paratransit Operations Facility LVT Flooring Replacement

THIS AGREEMENT (“Agreement”) is entered into as of the [__] day of [MONTH], 20[__], by and between the City of High Point, a North Carolina municipal corporation (“City”), and [LEGAL NAME OF CONTRACTOR], a(n) [STATE OF CONTRACTOR’S

INCORPORATION/ORGANIZATION] [CONTRACTOR’S TYPE OF BUSINESS ENTITY]

(“Contractor”).

The City and the Contractor, for the consideration stated herein, mutually agree as follows:

1. THE PROJECT. The Project is City of High Point Bid Number 4005-102126. The Project is generally described as the Paratransit Operations Facility LVT Flooring Replacement. The Engineer on the Project is City of High Point.

2. THE CONTRACT DOCUMENTS. The Contract Documents are:

a. This Agreement.

b. Addendum Nos. through (if applicable)

c. The Project’s Drawings/Plans. (Tab - A, P. 26) Green

d. The Project Special Provisions. (Tab - A) Green

e. The Construction Documents Project Manual. (Tab - A) Green

f. Modified EJCDC® C-700 Standard General Conditions of the

Construction Contract (the “EJCDC General Conditions”). (Tab -B, P.)

g. The Contractor’s Itemized Proposal Form. (Tab - C, P.) Yellow

h. The Contractor’s executed Payment Bond.

i. The Contractor’s executed Performance Bond.

j. City of High Point Construction Project Dispute Resolution Process.

k. Bid Documents executed by the Contractor. (Tabs - D & E, P. 39)

3. THE WORK. The Work is defined in the Contract Documents. The Work also includes all additional services reasonably implied or inferred from the Contract Documents or customarily provided in the performance of work similar to that called for by the Contract Documents.

4. CONTRACTOR’S PERFORMANCE OF THE WORK. The Contractor shall perform the Work in a timely fashion in accordance with the requirements of the Contract Documents. The Contractor shall be solely responsible for providing all labor and materials necessary to perform the Work in a timely fashion.

5. CONTRACTOR’S COMPENSATION. The City will pay the Contractor the lump sum of $[CONTRACT PRICE] for final completion of the Work (the “Contract Price”). If a portion of the Contract Price will be based upon unit prices for aspects of the Work performed by the Contractor, the City will pay the Contractor at the unit prices for these aspects of the Work set forth in the Contractor’s Itemized Proposal Form. When applicable, the unit prices set forth in the

Contractor’s Itemized Proposal Form will govern the amounts paid to or deducted from the Contractor for revisions in the Work.

6. PAYMENT BOND AND PERFORMANCE BOND. Prior to or at the time of the execution of the Agreement, the Contractor will provide a payment bond and a performance bond consistent with the statutory forms set forth in Chapter 44A of the North Carolina General Statutes (see N.C. Gen. Stat. §44A-33) and the forms set forth in the Contract Documents. The payment bond and the performance bond are required to ensure the Contractor’s full and proper performance of the Work and the Contractor’s full and prompt payment of all subcontractors and suppliers providing labor or materials relating to the Work. The surety on the payment bond and the performance bond, by providing these bonds, agrees to be bound by the terms of the Agreement, and agrees to perform any action and make any payment required under the Agreement that the Contractor fails to perform or make.

7. REVISION OF QUANTITIES.

a. City’s Revision of Quantities. If the Contractor is to be compensated under the Agreement for any portion of the Work on a per unit basis for the total quantities of items listed in the Contractor’s Itemized Proposal Form fully completed by the Contractor, the City, by providing written notice to the Contractor, may increase or decrease quantities of items to be provided by the Contractor under the Agreement by as much as fifty percent (50%) of the total Contract Price. The quantities may be revised by the City by an additional fifty percent (50%) with the Contractor’s approval.

b. Compensation for Revised Quantities. The Contractor’s compensation for any revisions of contract quantities pursuant to this Paragraph will be at the unit prices in the Contractor’s Itemized Proposal Form.

c. Effect of Revised Quantities Upon Contract Completion Date. Any extension of the Contract Completion Date (see Paragraph 9) relating to a revision of quantities pursuant to this Paragraph will be agreed upon in writing by the City and the Contractor. If no agreement is reached in this regard between the City and the Contractor, the Contract Completion Date will be revised on a proportional basis consistent with the revision to the overall Contract Price arising from the revision in quantities.

8. ADDITIONAL CHANGES TO THE WORK.

a. Changes to the Work by the City. In addition to the potential revision of contract quantities (see Paragraph 7), the City, by providing written notice to the Contractor, may require other changes to the Work within the general scope of the Work. The effect of such changes on the Contract Price and on the Contract Completion Date shall be agreed upon by the parties or equitably adjusted.

b. Changes to the Work Requested by the Contractor. The Contractor, by providing written notice to the City, may request changes to the Work within the general scope of the Work, provided that such requested changes do not negatively affect the quality or quantity of the Work. If the City agrees to implement a change requested by the Contractor, the effect of the change on the Contract Price or the Contract Completion Date will be agreed upon by the parties and/or equitably adjusted.

9. THE CONTRACT COMPLETION DATE.

a. Time of the Essence. Time is of the essence in the full completion of the Work and the final completion of the Work.

b. Days to Complete the Work. The completion date for this contract shall be 60 consecutive calendar days beginning with the date issued on the Notice to Proceed.

c. The Contract Completion Date. The date by which the Contractor must achieve final completion of the Work is “the Contract Completion Date.”

d. Full Completion of the Work. The phrase “full completion of the Work” means the point at which the City receives full beneficial use and occupancy of the Work as reasonably determined by the Architect/Engineer.

e. Final Completion of the Work. The phrase “final completion of the Work” means the point at which all aspects of the Work have been finally completed.

10. LIQUIDATED DAMAGES.

a. Basis for and Amount of Liquidated Damages. A delay by the Contractor in achieving final completion of the Work by the Contract Completion Date will result in damages to the City, including, but not limited to, public inconvenience, obstruction in traffic, interference with business, lost revenue, and increased design professional, inspection, and administration costs. In light of the difficulty of making a precise determination of such damages, the City and the Contractor agree that the sum of One-Thousand dollars, $1,000 per calendar day will be charged against the Contractor, not as a penalty, but as liquidated damages, for each calendar day between the Contract Completion Date and the date upon which Contractor achieves final completion of the Work. This sum represents a reasonable estimate of the amount of damages to potentially be suffered by the City each day if final completion of the Work is not achieved by the Contract Completion Date.

b. Accrual of Liquidated Damages. Liquidated damages will continue to accrue until final completion of the Work is achieved, even if it becomes necessary for the City without the Contractor’s involvement to take actions necessary to achieve final completion of the Work.

c. Reasonableness of Liquidated Damages. Contractor acknowledges that the amount of liquidated damages set forth in this Paragraph is a reasonable projection of the damages to be suffered by the City in the event that final completion of the Work is not achieved by the Contract Completion Date.

d. Contractor’s Knowledge of Liquidated Damages Provision before Bid Submission. Contractor further acknowledges that Contractor was aware of and considered this liquidated damages provision and the need to achieve final completion of the Work by the Contract Completion Date in preparing and submitting its bid for the Work and in entering into the Agreement to perform the Work.

11. EXTENSIONS OF THE CONTRACT COMPLETION DATE.

a. Basis for Extension Request. The Contractor may request extensions of the Contract Completion Date based upon delays to the critical path of the Work caused by events that could not have reasonably been anticipated by the Contractor and which are totally beyond the Contractor’s control.

i. The occurrence of a number of adverse weather days on a monthly basis equal to the average number of adverse weather days for the month at issue in the vicinity of the Work (based on no greater an area than zip code) during the previous five (5) years as shown by data accumulated by a nationally recognized weather monitoring and recordkeeping service shall be reasonably anticipated by the Contractor.

ii. Any adverse weather days claimed by the Contractor must be beyond the number of reasonably anticipated weather days as set forth above and must actually delay the critical path of the Work.

iii. The need to order materials, retain subcontractors, and take other actions sufficiently in advance of when materials or subcontractors are required to perform the Work in a timely fashion and to achieve final completion of the Work by the Contract Completion Date shall be reasonably anticipated by the Contractor.

b. Timing of Extension Request for Non-Weather-Related Reasons. Except for weather-related requests, the Contractor must submit a request for an extension of the Contract Completion Date in writing to the Architect/Engineer within five (5) calendar days of the occurrence of the event upon which the request for an extension is based.

c. Content of Extension Request for Non-Weather- Related Reasons. A written notice from the Contractor seeking an extension of the Contract Completion Date for a non-weather-related event must:

i. Identify the event at issue.

ii. Set forth the length of the extension of the Contract Completion Date sought by the Contractor.

iii. Explain why the Contractor believes that it is entitled to the extension sought, including an explanation of why the Contractor believes that the critical path of the Work has been delayed as a result of the event at issue.

iv. Provide sufficient documentation to allow the Architect/Engineer and the City to fully review the request.

d. Continuing Nature of Non-Weather-Related Event. If the non-weather-related event for which the Contractor seeks an extension of the Contract Completion Date is continuing in nature, the Contractor must provide an initial notice in writing to the Architect/Engineer within five (5) calendar days of the event, identifying the event and explaining why the Contractor believes that it is entitled to an extension of the Contract Completion Date as a result of the event, including an explanation of why the Contractor believes that the critical path of the Work has been delayed as a result of the event at issue. The remaining information set forth above in Paragraph 11.c.

must be provided by the Contractor to the Architect/Engineer within five

(5) calendar days of the last day for which the Contractor seeks an extension.

e. Timing of Extension Request for Weather-Related Reasons. With regard to weather-related requests, the Contractor must submit requests on a monthly basis, with the request needing to be submitting in writing to the Architect/Engineer by the tenth (10th) calendar day of the following month for any weather-related delays claimed during the preceding month. If the Contractor does not submit a request for an extension of the Contract Completion Date consistent with these time deadlines, the Contractor waives the ability to request an extension for the event or events at issue.

f. Content of Extension Request for Weather-Related Reasons. Each request for a weather-related extension of the Contract Completion Date must:

i. State the specific date or dates for which the Contractor seeks an extension.

ii. State the basis for the request for an extension for each designated date, including an explanation of why the Contractor believes that the critical path of the Work has been delayed as a result of the event at issue.

iii. Provide supporting documentation from a nationally recognized weather monitoring and recordkeeping service for the designated date.

iv. Provide information from a nationally recognized weather monitoring and recordkeeping service for the previous five (5) years of the average number of adverse weather days for the month at issue in the vicinity of the Work (based on no greater an area than zip code).

g. Architect/Engineer’s Review of Extension Request. The Architect/ Engineer will review any request for an extension of the Contract

Completion Date submitted by the Contractor within fifteen (15) calendar days of the Architect/Engineer’s receipt of the request, provided that the Contractor submits sufficient information along with its request to allow the Architect/Engineer to fully review the request. If the Architect/Engineer in its sole reasonable discretion deems that additional information is needed in order to review the Contractor’s request for an extension of the Contract Completion Date, the Architect/Engineer will notify the Contractor in writing of the need for the Contractor to provide additional information, and the Contractor will provide the additional required information within ten

(10) calendar days of the Contractor’s receipt of the request. After the Contractor’s provision of the additional required information, the Architect/Engineer will review the updated request within ten (10) calendar days of the Architect/Engineer’s receipt of the additional information. If the Contractor fails to provide the additional requested information in a timely fashion, the Contractor waives the ability to request an extension of time for the event or events at issue.

h. Effect of Architect/Engineer’s Decision on Extension Request. The Architect/Engineer will report its decision on a request for an extension of the Contract Completion Date to the Contractor and to the City. This decision will be binding on the Contractor and the City, unless the Contractor or the City makes a Claim with regard to the decision consistent with the terms of the Contract Documents.

12. CONTRACTOR’S PAYMENT APPLICATIONS

a. Contractor’s Submission of Payment Applications. By the fifth (5th) calendar day of each month, the Contractor shall present to the Architect/Engineer a payment application, setting forth the amount sought by the Contractor for full completion of portions of the Work during the preceding month. Each payment application shall include sufficient information and documentation to allow the Architect/Engineer to evaluate the payment application.

b. Architect/Engineer’s Review of Payment Applications. The Architect/ Engineer shall promptly review each payment application submitted to the Architect/Engineer by the Contractor. The Architect/Engineer may consult at any time with the City regarding a payment application submitted to the Architect/Engineer by the Contractor. The Architect/Engineer shall have fifteen (15) calendar days after the presentation to the Architect/Engineer by the Contractor of a payment application to notify the Contractor in writing about any issues with the payment application. The Architect/Engineer and the Contractor will work diligently to resolve any issues raised by the Architect/Engineer regarding a payment application submitted by the Contractor. When the Architect/Engineer determines that a payment application is acceptable, the Architect/Engineer shall submit the acceptable payment application to the City for payment.

c. Amount of Payment. If all or a portion of a payment application is approved for payment by the Architect/Engineer, the City shall pay the undisputed amount requested in the payment application to the Contractor, less retainage withheld consistent with North Carolina law. Any retainage withheld by the City will be paid to the Contractor upon final completion of the Work consistent with the requirements of North Carolina law. See N.C.

Gen. Stat. §143-134.1(b1) through §143-134.1(e).

d. Timing of Payment. Assuming that a timely and acceptable payment application is submitted by the Contractor, payment will be made by the City within thirty (30) days of the City’s receipt of the Architect/Engineer’s notice of approval of the payment application.

e. Final Payment. When the final completion of the Work has been achieved, including all punch list items, and an acceptable final payment application has been presented by the Contractor and reviewed and approved by the Architect/Engineer, final payment will be made to the Contractor within forty-five (45) calendar days after the acceptable final payment application has been approved by the Architect/Engineer.

f. Effect of Architect/Engineer’s Decision on Payment Request. The Architect/Engineer will report its decision on a payment request to the Contractor and to the City. This decision will be binding on the Contractor and the City, unless the Contractor or the City makes a Claim with regard to the decision consistent with the terms of the Contract Documents.

g. Effect of Payment. The making of a payment to the Contractor does not waive the right of the Architect/Engineer or the City to later challenge any aspect of the Work covered by the payment application, nor does the making of a payment to the Contractor waive the right of the Architect/Engineer or the City to withhold future payments due to issues with any aspect of the Work covered by the payment application.

h. Interest. Payments due and unpaid by the City to the Contractor, whether progress payments or final payment, shall bear interest commencing after payment is due at the rate of zero percent (0 %) per month until paid, unless otherwise required by law.

13. CONTRACTOR’S PAYMENTS TO SUBCONTRACTORS AND

SUPPLIERS. The Contractor’s payments to its subcontractors and suppliers on the Project shall be made in accordance with North Carolina law. See N.C. Gen. Stat. §143-134.1(b).

14. PRECONSTRUCTION CONFERENCE. Within ten (10) days of the Contractor’s receipt from the Architect/Engineer of a written Notice of Award, the City, the Architect/Engineer, and the Contractor shall establish an agreeable date upon which a preconstruction conference will be held. The Contractor’s project superintendent and other individuals representing the Contractor knowledgeable about the Contractor’s plans for completing the Work and the Contractor’s proposed critical path schedule for achieving final completion of the Work by the Contract Completion Date must attend the preconstruction conference.

15. CONTRACTOR’S SCHEDULE.

a. Contractor’s Proposed Schedule. At the preconstruction conference, the Contractor shall submit a proposed critical path schedule detailing the Contractor’s plans for achieving final completion of the Work by the Contract Completion Date. The City and the Architect/Engineer will raise any questions with the Contractor’s proposed schedule within ten (10) calendar days of receipt of the proposed schedule. The Contractor shall address any concerns raised by the City or the Architect/Engineer within five (5) calendar days of the Contractor’s receipt of written notice of the concerns raised by the City or the Architect/Engineer. The Contractor shall not proceed with any aspect of the Work until an acceptable initial schedule for completion of the Work by the Contract Completion Date has been approved by the City and the Architect/Engineer.

b. Monthly Schedule Updates. The Contractor shall submit to the Architect/Engineer monthly updates of the critical path schedule for the Work, showing the progress toward final completion of the Work and any revisions to the Contract Completion Date. If on any schedule the Contract Completion Date is extended without approval by the Architect/Engineer or the City, the Contractor must submit a plan for accelerating the Work to ensure that final completion of the Work if achieved by the Contract Completion Date.

16. MONTHLY CONSTRUCTION CONFERENCES. On regularly scheduled dates agreed upon by the City, the Architect/Engineer, and the Contractor during the preconstruction conference, the City, the Architect/Engineer, and the Contractor shall participate in a monthly construction conference. At each monthly construction conference, the City, the Architect/Engineer, and the Contractor shall review the status, quality, and progress of the Work, shall review the Contractor’s revised schedule for final completion of the Work, and shall address any issues regarding the Work that can promptly be addressed by the parties.

17. INSPECTION OF WORK. The City or the Architect/Engineer may inspect the Work at any time, including any portion of the Work that has been covered or concealed by the Contractor. With five (5) calendar days of receipt of written notice from the Architect/Engineer, the Contractor will correct any defects in the Work identified by the City or the Architect/Engineer.

18. CONTRACTOR’S WARRANTY AND GUARANTY. The Contractor warrants and guarantees that all aspects of the Work will be performed and completed in a good and workmanlike fashion consistent with the highest quality of work performed by contractors in Guilford County and surrounding areas in the performance of similar work. The Contractor further warrants and guarantees that all aspects of the Work will be free from defects and will be in full compliance with the Contract Documents. The Contractor, after receipt of written notice from the City or the Architect/Engineer, shall at Contractor’s expense promptly replace, repair, or correct any defective materials or workmanship appearing within one (1) year from the date of final completion of the Work. All other warranties, express or implied, existing under North Carolina law remain in effect with regard to the Work. If the Contractor, after receipt of written notice from the City or the Architect/Engineer, fails to proceed promptly to correct defective aspects of the Work, the City may have the defects corrected and charge the costs of the remedial work to the Contractor. The City also may choose not to remedy the Work and instead deduct an amount from the Contractor’s compensation to address the damages caused by the Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents.

19. INSURANCE.

a. Types and Amounts of Insurance. The Contractor shall, at its own cost and expense, procure and maintain, and cause all subcontractors and suppliers to procure and maintain, in full force and effect at all times from the date of the written Notice to Proceed until three (3) years after final completion of the Work, the following insurance coverages:

i. Worker’s Compensation and Employer’s Liability. Worker’s compensation insurance in statutory limits required by applicable law, and employer’s liability insurance in an amount not less than $500,000.00 each accident, $500,000.00 disease each employee and $500,000.00 disease policy limit;

ii. Commercial General Liability. Commercial general liability insurance with a combined single limit for personal injury (including bodily injury and death) and property damage (including loss of use) of not less than $2,000,000.00 per occurrence, $2,000,000.00 products and completed operations aggregate and $2,000,000.00 general aggregate. Such coverage shall include the indemnification obligations of the Contractor under the Agreement;

iii. Commercial Vehicle Liability. Commercial vehicle liability insurance for any vehicle (including owned, hired, rented and non-owned vehicles) with a combined single limit for each accident of not less than $1,000,000.00;

iv. Umbrella or Excess Liability. Umbrella or excess liability insurance on a “following form” basis, which shall provide coverage in excess of the coverage required to be provided by the Contractor for employer’s liability insurance, commercial general liability insurance and commercial vehicle liability insurance coverage, with limits of not less than $5,000,000.00 combined single limit each occurrence and $5,000,000.00 aggregate limits;

v. Pollution Liability. If not provided under the Contractor’s commercial general liability policy, the Contractor shall provide pollution liability insurance with limits of not less than $1,000,000.00 per occurrence and $1,000,000.00 general aggregate;

and

i. Professional Liability. If the Work requires professional services, the Contractor shall provide professional liability/errors and omissions liability insurance with limits of not less than $1,000,000.00 per occurrence and completed operations aggregate and $1,000,000.00 general aggregate.

b. The City as Additional Insured. The City, its employees, agents and representatives shall be listed as an additional insured on all insurance coverages procured by the Contractor pursuant to the Agreement and all insurance coverages procured by Contractor’s subcontractors.

c. The Architect/Engineer as Additional Insured. The Architect/Engineer, its employees, agents and representatives shall be listed as an additional insured on all insurance coverages procured by the Contractor pursuant to the Agreement and all insurance coverages procured by Contractor’s subcontractors.

d. Certificates of Insurance. The Contractor prior to the Contractor’s commencement of the Work shall provide certificates of insurance showing the existence and effective dates of all coverages required under the Agreement. The Contractor will promptly provide copies of all insurance policies, including endorsements, to the City and the Architect/Engineer upon request.

20. CONTRACTOR’S COMPLIANCE WITH SAFETY REGULATIONS. The Contractor shall follow all safety regulations of any governmental authority having jurisdiction over any aspect of the Work, including all health and safety requirements of the Occupational Safety and Health Act, and follow any safety requirements of the City and the Architect/Engineer.

The Contractor is solely responsible for any penalties or fines of any nature assessed by any governmental authority for non-compliance with said governmental authority’s regulations, and to the fullest extent permitted by law will indemnify the City with respect to such fines and penalties.

21. CONTRACTOR’S INDEMNIFICATION OF THE CITY AND THE

ARCHITECT/ENGINEER.

a. General Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, hold harmless and defend the City, the Architect/Engineer, and their consultants, employees, agents, and representatives (the “Indemnitees”), from and against any and all claims, damages, costs, expenses, or losses, including, without limitation, attorneys’ fees and the costs and expenses of litigation and arbitration that may arise from the performance of the Work, to the extent that such claims, damages, costs, expenses, or losses are caused by the alleged or actual (i) negligent or grossly negligent acts, errors, or omissions, or (ii) intentional wrongful acts or omissions of Contractor and/or any other person or entity furnishing labor, materials, equipment, and/or services for Contractor’s benefit. Contractor shall further defend, indemnify, and hold harmless the Indemnitees from any and all claims, damages, costs, expenses, or losses, including, without limitation, attorneys’ fees and the costs and expenses of litigation or arbitration, arising out of or resulting from the Contractor’s breach of the Agreement or from any lien claims or bond claims made against the City by any person furnishing labor, materials, or equipment by, through, or under the Contractor. The obligations set forth in this provision shall not be construed to negate, limit, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to an entity or person described in this provision. The Contractor shall not be required to indemnify or hold harmless any Indemnitee against liability for damages arising out of bodily injury to persons or damage to property proximately caused by or resulting from an

Indemnitee’s own negligence or the negligence of an Indemnitee’s agents or employees. The parties acknowledge that this paragraph is intended to fully comply with N.C.G.S. § 22B-1.

b. Intellectual Property Indemnification. If any aspect of the Work provided by the

Contractor pursuant to the Agreement becomes, or is likely to become, the subject of any claim, suit or proceeding arising from or alleging facts that it if true would constitute infringement, misappropriation, or other violation of any patent, copyright, trademark, or other intellectual property rights of a third party, the Contractor shall at its own expense secure for the City the right to continue use of the materials or services at issue, or replace or modify the materials or services at issue to make them non-infringing. To the fullest extent permitted by law, the Contractor shall also fully indemnify, hold harmless, and defend the Indemnitees from and against any and all claims or damages directly or indirectly arising out of or resulting from or related to any alleged infringement, misappropriation, or other violation of any patent, copyright, trademark, or other intellectual property rights of a third party.

22. CLEANUP.

a. Clean Work Areas. During the performance of the Work, the Contractor shall maintain the area or areas in which the Work is being performed in as neat a manner as can be reasonably expected.

b. Cleaning Upon Completion of the Work. Upon completion of all or any portion of the Work, the Contractor shall perform all clean-up operations necessary to place the area of the Work in first class condition.

c. Maintenance of Disturbed Areas. The Contractor shall maintain all disturbed areas until final acceptance of the Work. The Contractor will remove waste materials and rubbish from the Project at the end of each workday. When final completion of the Work is achieved, the Contractor will place the area of the Work in a neat and clean condition, ready for occupancy by the City.

23. DEFAULT/TERMINATION.

a. Termination. The Agreement may be terminated by either party as provided in Article 16 of the EJCDC General Conditions.

b. Post-Termination Obligations. Upon any termination of the Agreement, in addition to those obligations set forth in the EJCDC General Conditions, the Contractor shall: (1) promptly discontinue provision of the Work (unless a termination notice from the City or the Architect/Engineer directs otherwise); and (2) deliver or otherwise make available to the City and the Architect/Engineer all documents, accounting records, electronically stored information and other information accumulated by the Contractor in the provision of the Work.

24. THE CITY’S TERMINATION OF AGREEMENT FOR CONVENIENCE.

The City may terminate the Agreement as provided in Paragraph 16.03 of the EJCDC General Conditions.

25. NOTICES. Notice under the Agreement must be in writing and may be provided to the other party by hand delivery, by certified mail with return receipt requested, or by overnight delivery service (e.g., FedEx or UPS).

The City’s street/mailing address for notices is:

City of High Point Purchasing Division P.O. Box 230 High Point, NC 27261

The Contractor’s street/mailing address for notices is:

The Architect/Engineer’s street/mailing address for notices is:

City of High Point Engineering Services P.O. Box 230 High Point, NC 27261

26. DISPUTE RESOLUTION. Any disputes relating to the Agreement shall be resolved consistent with the attached City of High Point Construction Project Dispute Resolution Process. The Contractor shall incorporate the City of High Point Construction Project Dispute Resolution Process into any subcontracts entered into by the Contractor relating to the Project.

27. GOVERNING LAW. The Agreement shall be governed by the laws of the State of North Carolina (without giving effect to the principles thereof relating to conflicts of law).

28. SUCCESSORS AND ASSIGNS. The Agreement shall not be assigned by the Contractor without the prior written consent of the City. The parties’ successors in interest shall remain bound by the terms of the Agreement.

29. DISCLOSURE. The Contractor agrees that it shall make no statements, press releases or publicity releases concerning the Agreement or the provision of the Work, or otherwise disclose or permit to be disclosed any of the data or other information obtained or furnished with regard to the Agreement or the provision of the Work, without first notifying the City and securing its consent in writing. The City may withhold its consent for such disclosure for any reason. The Contractor also agrees that it shall not publish, copyright, or patent any of the data furnished to it in relation to the Agreement.

30. E-VERIFY COMPLIANCE. The Contractor represents that it is in compliance with and will remain in compliance with the E-Verify requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. The Contractor will ensure compliance by its subcontractors with the E-Verify requirements of Article 2 of Chapter 64 of the North Carolina General Statutes.

31. CAPTIONS. The captions contained in the Agreement are for convenience and reference only, and do not define, describe, extend, or limit the scope or intent of the Agreement or the scope or intent of any provision contained herein.

32. SEVERABILITY. The invalidity of one or more phrases, sentences, clauses, or sections in the Agreement shall not affect the validity of the remaining portions of the Agreement, so long as the material purpose of the Agreement can be determined and effectuated.

33. NO WAIVER. Any failure by either party to enforce any of the provisions of the Agreement or to require compliance with any of its terms at any time during the term of the Agreement shall in no way affect the validity of the Agreement, or any part hereof, and shall not be deemed a waiver of the right of such party thereafter to enforce any such provision.

34. AGREEMENT EXECUTION. The Agreement and all other documents required to be executed as part of the Agreement will be executed and delivered by the Contractor to the City within ten (10) calendar days of the Contractor’s receipt of the Agreement and the other documents from the City. Within ten (10) days of the City’s receipt from the Contractor of a complete and executed version of the Agreement and other documents, the City will execute and deliver to the Contractor one fully executed version of the Agreement and other documents.

35. PRIORITY OF CONTRACT DOCUMENTS. In the event of a conflict between the terms of any of the Contract Documents: (a) this Agreement shall take precedence over all other Contract Documents; (b) the Project Special Provisions shall take precedence over the Construction Documents Project Manual and the EJCDC General Conditions; and (c) the Construction Documents Project Manual shall take precedence over the EJCDC General Conditions.

36. COORDINATION OF WORK. The City may retain other contractors to provide work on the Project. The Contractor will coordinate its Work under this Agreement with work provided by other contractors on the Project. The Contractor shall follow any directives or instruction provided by the Architect/Engineer or the City to ensure that the Project is performed efficiently and expeditiously in a coordinated fashion and within the schedule for the Work and for the Project.

[SIGNATURES BEGIN ON THE NEXT PAGE]

IN WITNESS WHEREOF, this Agreement is entered into by the Parties as of the Effective Date.

Contractor:

[LEGAL NAME OF CONTRACTOR]

By:

Name:

Title:

The City:

CITY OF HIGH POINT

By:

Name:

Title:

Preaudit Certificate

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

Bobby Fitzjohn, Finance Officer

City of High Point Bid Number 4005-102126 Paratransit Operations Facility LVT Flooring Replacement

PROJECT SPECIFICATIONS

The following Project Specifications…