RFP 320-210825TW FY26 Manhole Rehab.pdf

Water Resources

Request for Proposal #: 320-210825TW

Manhole Rehabilitation FY26

Date of Issue: 1/16/2026

Proposal Due Date: 2/5/2026

At 03:00 P.M. ET

Direct all inquiries concerning this RFP to:

Tracy Winfield, Purchasing Associate II

Email: tracy.winfield@rockymountnc.gov

Phone: 252-972-1229

Attendance of bidders at pre-bid meeting is required. No bids will be accepted from any vendor not represented at the pre-bid meeting.

mailto:tracy.winfield@rockymountnc.gov

RFP 320-210825TW CONTRACTOR: _______________________________

Standard Form of Informal Contract and General Conditions Page 2 of 30

Contents

I. SCOPE OF WORK

II. RFP SCHEDULE

III. MANDATORY PRE-BID MEETING

IV. QUESTIONS

V. MINORITY BUSINESS PARTICIPATION

VI. PROPOSAL SUBMITTAL

VII. REFERENCES

VIII. CITY’S RIGHTS AND OPTIONS

ATTACHMENT A: PROPOSAL/ACCEPTANCE FORM

ATTACHMENT B: ACCEPTED by the City of Rocky Mount

ATTACHMENT C: G E N E R A L C O N D I T I O N S

ATTACHMENT D: SUPPLEMENTARY GENERAL CONDITIONS

ATTACHMENT E: SUPPLEMENTAL VENDOR INFORMATION

ATTACHMENT F: PROJECT MAPS

ATTACHMENT G: MWBE FORMS

RFP 320-210825TW CONTRACTOR: _______________________________

Standard Form of Informal Contract and General Conditions Page 3 of 30

CITY OF ROCKY MOUNT

STANDARD FORM OF INFORMAL CONTRACT

AND GENERAL CONDITIONS

FOR

RFP 320-210825TW

I. SCOPE OF WORK

The City of Rocky Mount and Water Resources Department is seeking responses from qualified licensed utility contractors for continued efforts to maintain the collections system and to lessen the infiltration of stormwater run-off and ground saturation into the sewer collection system.

The Contractor shall be licensed and bonded in North Carolina and shall use sufficient workmen and competent supervisors in the execution of this portion of the work to ensure adequate and proper installation throughout.

This specification references standards from the American Society for Testing and Materials, such as: ASTM F1216 (Rehabilitation of Existing Pipelines and Conduits by the Inversion and Curing of a Resin-Impregnated Tube), ASTM F1743 (Rehabilitation of Existing Pipelines and Conduits by Pulled-in-Place Installation of Cured-in-Place Thermosetting Resin Pipe (CIPP)), ASTM D5813 (Cured-in-Place Thermosetting Resin Sewer Pipe), ASTM D790 (Test Methods for Flexural Properties of Un-reinforced and Reinforced Plastics and Electrical Insulating Materials), and D2990 (Tensile, Compressive, and Flexural Creep and Creep-Rupture of Plastics) which are made a part hereof by such reference and shall be the latest edition and revision thereof. In case of conflicting requirements between this specification and these referenced documents, this specification will govern.

LOCATIONS

MANHOLE

NUMBER

LOCATION

REPAIR DEPTH/FT WIDTH LINE SIZE

G-105-002

821 Stone Dr. Loose bricks/ Remove metal steps

4 4 8

G-105-018

820 Forest Hill Ave. Loose bricks/ steps

9 4 8

G-105-003

812 Forest Hill Ave. Loose bricks/ steps

7 4 8

6-105-004

812 Forest Hill Ave. Loose bricks/ steps

6 4 8

6-105-005

108 Collington Ct

Loose bricks/ steps

6-105-007

804 Forest Hill Ave. Loose bricks/ steps

RFP 320-210825TW CONTRACTOR: _______________________________

Standard Form of Informal Contract and General Conditions Page 4 of 30

6-105-060

505 Forest Hill Ave. Loose bricks/ steps

12 4 8

6-105-059

2608 Amherst Rd. Loose bricks/ steps

5 4 8

G-105-058

2616 Amherst Rd. Loose bricks/ steps

G-105-002

Park tennis court across from 816 Forest Hill Ave.

Loose bricks/ Remove metal steps

13 4 8

G-113-023

1709 Augustus Dr.

Leaking joints small

F-113-016

1725 Augustus Dr. Leaking joints

F-113-018

1805 Augustus Dr.

F-113-019

1812 Augustus Dr. Leaking joints

4 4 8

F-113-017 Augustus Dr. and Cloverdale Dr.

6 4 8

F-112-034 Augustus Dr. and Farmington Rd.

TOTAL DEPTH 108 ft

Additional Grouting

Beyond 4 tubes per structure

PRODUCTS

Manhole, Wet Well, Infiltration, and Corrosion Protection System

Part 1 - General

1.1 Section Includes

A. This Section covers the infiltration and corrosion protection system for sanitary sewer manholes, where indicated on the Contract Drawings. The manhole lining system shall provide a monolithic multi-layer/component lining and cover the entire chimney, walls, and benches of the manholes to provide infiltration and corrosion protection as a total system. Work includes, but is not limited to, the following:

RFP 320-210825TW CONTRACTOR: _______________________________

Standard Form of Informal Contract and General Conditions Page 5 of 30

1. Manhole cleaning of sedimentation and debris.

2. The removal of any loose and unsound material.

3. Performing surface preparation for the lining application.

4. Applying patching products.

5. Manhole Lining.

1.2 Submittals

A. Submit product data for each component specified including data substantiating that the proposed materials comply with specified requirements and recommendations by the manufacturer cover all materials.

B. Submit technical data, and Safety Data Sheet (SDS) on each product used.

C. Submit manufacturer’s literature or specifications including surface preparation, application information, curing period, and testing.

D. Submit copies of independent testing performed on the coating product including ASTM G210-

13 and ASTM D543 indicating the product meets the requirements as specified herein.

E. Submit technical data sheet and project specific data for repair materials to be top coated with the coating products including application, cure time and surface preparation procedures.

F. Samples of the cured system to include the following:

1. Finish material.

2. Stepped samples showing stages of multi-layer/component applications.

1.3 Qualification

A. Manufacturer and Contractor specializing in the performance of work specified in this section with a minimum of three (3) years of documented experience and 3,000 vertical feet of application.

B. Submit references of at least five (5) municipal sanitary sewer projects performed within the past three years. These projects must be similar in scope and complexity to the project being bid. These references shall include the following:

a. Project title, locations, and contract value.

b. Project description.

c. Client contact, including customer name, address, and contact.

1.4 Quality Assurance

A. Coating material shall be produced in an ISO 9001-certified facility.

B. Furnish materials of quality required by ASTM standards or other approved standards and specifications.

C. Coating products shall be capable of being installed and curing properly within the specified environments. Coating products shall be resistant to all forms of chemical or bacteriological attack found in municipal sanitary sewer systems and capable of adhering to the substrates and repair products.

D. Repair products shall be fully compatible with coating products including the ability to bond effectively to the host substrate and coating products forming a composite system.

E. Contractor shall utilize equipment for the application of the coating products which has been approved by the coating product manufacturer. Contractor shall have received training on the operation and maintenance of said equipment from the coating product manufacturer.

F. Contractor shall be trained by, or have their training approved and certified by, the coating product manufacturer for the handling, mixing, application, and inspection of the coating products to be used as specified herein.

G. Contractor shall be trained in the use of testing or inspection instrumentation and knowledgeable of

RFP 320-210825TW CONTRACTOR: _______________________________

Standard Form of Informal Contract and General Conditions Page 6 of 30 the proper use, preparation, and installation of the coating products to be used as specified herein.

H. Provide a guarantee against defective materials and workmanship in accordance with the requirements of these specifications.

1.5 Definitions

A. Cleaning: Removal of sand, dirt, roots, grease, and all other solid or semi-solid material from the manholes as required for proper application of patching and coating products.

B. Faults: Leaking joints, cracks, breaks, or other imperfections in the manholes.

1.6 Product Delivery, Storage and Handling

A. Delivery and Handling: Prevent moisture damage and contamination of materials during delivery and handling.

B. Storage: Store materials in undamaged condition with seals and labels intact as packaged by the manufacturer.

1. Store liquid products protected from freezing conditions.

1.7 Site Conditions

A. Environmental Requirements:

1. Do not apply materials when surface and ambient temperatures are outside the temperature ranges required by the Manufacturer. Do not apply the products of this Section to frozen surfaces.

2. Do not apply coatings during rain or snow, or when relative humidity is outside the humidity ranges required by the Manufacturer.

3. Minimum Application Temperatures for coatings: as required by Manufacturer's instructions.

B. Protection:

1. Public Safety: If public safety is endangered during the progress of the rehabilitation work, provide adequate protective measures to protect public pedestrian and vehicular traffic on streets and walkways.

a. Signs, signals and barricades used shall conform to requirements of Federal, State and Local laws, rules regulations precautions, orders and decrees.

2. Existing Facilities Protection: Protect manholes and sewer main piping from damage due to operations associated with work of this Section.

3. Personnel Protection: It is the responsibility of the Contractor to provide appropriate protective measures to ensure that chemicals are always under the control of the Contractor and are not available to unauthorized personnel or animals.

Part 2 - Materials

2.1 Protective Lining System Materials

A. The protective lining system shall be a multi-layer/component protective lining system, including:

1. Polyurea Adhesion Coating

2. Polymer Surfacer Layer

3. Final Polyurea Armor Layer

RFP 320-210825TW CONTRACTOR: _______________________________

Standard Form of Informal Contract and General Conditions Page 7 of 30

B. Liner System Armor Layer

100% solids, no volatile organic compound (VOC), moisture tolerant, elastomeric polyurea coating to provide infiltration and corrosion protection.

Material shall be capable of curing properly given the project site conditions and temperatures conforming to the following minimum physical requirements:

Property Value

Hardness, D-2240 D 48

Tensile strength, D-412 3315 psi

100% Modulus, D-412 1668 psi

200% Modulus, D-412 1960 psi

300% Modulus, D-412 2650 psi

Tear strength, DIE-C, D-624 417 pli

Ultimate elongation, D-412 395 %

Abrasion Resistance

(CS17 wheels, 1000g, 1000 cycles), D-4060

15 mg loss

ASTM G210-13 Severe

Wastewater Analysis Testing Pass

C. Liner System Surfacer Layer

100% solids, no volatile organic compound (VOC), moisture tolerant, elastomeric polyurethane coating to provide infiltration and corrosion protection. Material shall be capable of curing properly given the project site conditions and temperatures conforming to the following minimum physical requirements:

Product Type Polyurethane

Core Density ASTM D 1622 6 lb/ft3

Compressive

Strength 1” ASTM D 1621 130 - 180 psi

Closed Cell

Content

>94%

S.W.A.T. ASTM G210-13 Pass

Part 3 - Installation

RFP 320-210825TW CONTRACTOR: _______________________________

Standard Form of Informal Contract and General Conditions Page 8 of 30

3.1 Surface Preparation

A. Conduct surface preparation program to include monitoring of atmosphere for hydrogen sulfide, methane, low oxygen or other gases, approved flow control equipment, and surface preparation equipment.

B. Surface preparation methods may include high pressure water cleaning, hydro blasting, abrasive blasting, grinding, detergent water cleaning and shall be suited to provide a surface compatible for installation of the liner system.

C. Surface preparation method shall produce a cleaned, abraded and sound surface with no evidence of laitance, loose concrete, brick or mortar, contaminants or debris, and shall display a surface profile suitable for application of liner system.

D. After the defects in the structure are identified, repair all leaks with a chemical or hydraulic sealant designed for use in field sealing of ground water. Severe cracks shall be “repaired with a urethane-based chemical” sealant. Product to be utilized shall be as approved by owner/engineer prior to installation. Repairs to exposed rebar, defective pipe penetrations or inverts, etc. shall be repaired utilizing non-shrink grout or an approved alternative method.

E. For structures over 8’ diameter or 8’x8’ non-cylindrical structures an ultra-high water blasting with a minimum of 20,000 psi must be used for prep.

3.2 Material Installation

A. Application procedures shall conform to the recommendations of the manufacturer, including materials handling, mixing, environmental controls during application, safety, and spray equipment.

B. Spray equipment shall be specifically designed to accurately ratio and apply the liner system.

C. Application of a multi-layer/component liner system shall be in strict accordance with the manufacturer’s recommendation. Final installation shall be a minimum of ½” (500 miles).

D. Additional grouting beyond 4 tubes per structure.

3.3 Inspection

A. The final liner system shall be completely free of pinholes or voids. Liner thickness shall be the minimum value as described herein.

B. Visual inspection shall be made by the Owner/Engineer. Any deficiencies in the finished liner system shall be marked and repaired according to the procedures set forth by the Manufacturer.

C. The sewer system may be returned to full operational service as soon as the final inspection has taken place.

Part 4 - 10 Year Limited Warranty

A. Manufacturer and Applicator warrant the liner system against failure for a period of 10 years. "Failure” will be deemed to have occurred if the protective lining fails to prevent the internal deterioration or corrosion of the structure or prevent groundwater infiltration. If any such failure occurs within 10 years of the initial completion of work on a structure, the damage will be repaired at no cost to the Owner. "Failure” does not include damage resulting from mechanical or chemical abuse or act of God. Mechanical or chemical abuse means exposing the lined surfaces of the structure to any mechanical force or chemical substance not customarily present.

RFP 320-210825TW CONTRACTOR: _______________________________

Standard Form of Informal Contract and General Conditions Page 9 of 30

II. RFP SCHEDULE

Event Responsibility Date and Time

Issue RFP City Friday 1/16/2026

Mandatory Pre-bid Meeting City Wednesday 1/21/2026 10:30 am

Submit Written Questions Contractor Tuesday 1/27/2026

Provide Response to Questions City Thursday 1/29/2026

Submit Proposals Contractor Thursday 2/5/2026 3:00 pm

Contract Award City TBD

III. MANDATORY PRE-BID MEETING

Date: Wednesday, 1/21/2026 Time: 10:30 AM Eastern Time, 331 S Franklin St., Rocky Mount, NC 27804

Contact #: (252) 972-1229

Instructions: It is mandatory that each Vendor representative be present for a pre-bid meeting on Wednesday, 1/21/2026. Attendees shall meet promptly at 10:30 am Eastern Time at 331 S Franklin St., Conference Room 3, Rocky Mount, NC 27804. All attendees must sign in upon arrival and indicate the prospective Vendor represented on the sign-in sheet.

The purpose of this visit is for all prospective Contractors to apprise themselves with the conditions and requirements which will affect the performance of the work called for by this Request for Proposals. Contractors must stay for the duration of the site visit. No allowances will be made for unreported conditions that a prudent Contractor would recognize as affecting the work called for or implied by this proposal.

Contractors are cautioned that any information released to attendees during the site visit, other than that involving the physical aspects of the facility referenced above, and which conflicts with, supersedes, or adds to requirements in this Request for Proposal, must be confirmed by written addendum before it can be considered to be a part of this proposal.

IV. QUESTIONS

Written questions shall be e-mailed to tracy.winfield@rockymountnc.gov by the date and time specified in the proposal schedule. Contractors will enter “RFP #320-210825TW – Questions” as the subject for the email.

Questions received prior to the submission deadline date, the Purchasing Associate's response, and any additional terms deemed necessary by the City of Rocky Mount will be posted in the form of an addendum to the City of Rocky

Mount website https://www.rockymountnc.gov/Bids.aspx and the North Carolina Department of Administration website https://evp.nc.gov/solicitations/ and shall become an Addendum to this RFP. No information, instruction, or advice provided orally or informally by any City personnel, whether made in response to a question or otherwise, concerning this RFP shall be considered authoritative or binding. Vendors shall rely only on written material contained in an Addendum to this RFP.authoritative or binding. Vendors shall rely only on written material contained in an

Addendum to this RFP.

V. MINORITY BUSINESS PARTICIPATION

The Bidder has the responsibility to make a good faith effort to solicit minority proposals and to attain the aspirational ten percent (10%) goal. We encourage all Bidders even MWBE/HUBs to obtain the aspirational goal where sub-contracting and supplier opportunities exist.

mailto:tracy.winfield@rockymountnc.gov https://www.rockymountnc.gov/Bids.aspx https://evp.nc.gov/solicitations/

RFP 320-210825TW CONTRACTOR: _______________________________

Standard Form of Informal Contract and General Conditions Page 10 of 30

MWBE FIRM OWNERSHIP STATUS ADDRESS WORK TYPE

VI. PROPOSAL SUBMITTAL

Contractors interested in performing the services requested must submit the following information:

1. One (1) original copy and one (1) photocopy or digital (flash drive) of their RFP response including name, address, and phone number of contact person. RFP responses shall be mailed or hand delivered to:

City of Rocky Mount Purchasing Division - Tracy Winfield Attn: RFP 320-210825TW 331 S. Franklin Street Rocky Mount, NC 27804

All RFP responses shall be received no later than the date and time noted in the schedule on page 4. RFP responses may be sent via US Mail, FedEx, UPS, or hand delivered. Faxed or emailed RFP responses will not be accepted.

BID BOND

A Bid Security in the amount of five percent (5%) of the Bid must accompany each Bid a $500,000.00 or more. A 100% Performance Bond and 100% Payment Bond will be required from the successful bidder or any bids $300,000.00 or more.

VII. REFERENCES

Vendors shall provide at least three (3) different references for which your company has provided Services of similar size and scope to that proposed herein. The city of Rocky Mount may contact these users to determine the Services provided are substantially similar in scope to those proposed herein and Contractor’s performance has been satisfactory. The information obtained shall be considered in the evaluation of the quote. If city of Rocky Mount references are provided it cannot be counted towards your three (3) required references but may be included in addition to.

COMPANY NAME CONTACT NAME TELEPHONE NUMBER EMAIL

Optional: City of Rocky

Mount

RFP 320-210825TW CONTRACTOR: _______________________________

Standard Form of Informal Contract and General Conditions Page 11 of 30

VIII. CITY’S RIGHTS AND OPTIONS

The City reserves the following rights, which may be exercised at the City’s sole discretion:

• To supplement, amend, substitute or otherwise modify this RFP at any time;

• To cancel this RFP with or without the substitution of another RFP;

• To take any action affecting this RFP, this RFP process, or the Services or facilities subject to this RFP that would be in the best interests of the City;

• To issue additional requests for information;

• To require one or more Service Providers to supplement, clarify or provide additional information in order for the City to evaluate the Proposals submitted;

• To conduct investigations with respect to the qualifications and experience of each Service

Provider;

• To waive any defect or irregularity in any Proposal received;

• To reject any or all Proposals;

• To share the Proposals with City employees other than the Evaluation Committee or City advisory committees as deemed necessary;

• To award all, none, or any part of the Services that is in the best interest of the City, with one or more of the Service Providers responding, which may be done with or without re-solicitation.

• To discuss and negotiate with selected Service Provider(s) any terms and conditions in the

Proposals including but not limited to financial terms; and

• To enter into any Contract deemed by the City to be in the best interest of the City, with one or more of the Service Providers responding

RFP 320-210825TW CONTRACTOR: _______________________________

Standard Form of Informal Contract and General Conditions Page 12 of 30

ATTACHMENT A: PROPOSAL/ACCEPTANCE FORM

For

Manhole Rehabilitation FY26

STREET OR ADDRESS COST

821 Stone Dr. $

820 Forest Hill Ave. $

812 Forest Hill Ave. $

812 Forest Hill Ave. $

108 Collington Ct $

804 Forest Hill Ave. $

505 Forest Hill Ave. $

2608 Amherst Rd. $

2616 Amherst Rd. $

Park tennis court across from 816 Forest Hill Ave. $

1709 Augustus Dr. $

1725 Augustus Dr. $

1705 Farmington Rd. $

1721 Farmington Rd. $

1733 Farmington Rd. $ 1805 Augustus Dr. $

TOTAL COST $

The undersigned, as bidder, proposes and agrees if this proposal is accepted to contract with the City of Rocky Mount for the furnishing of all materials, equipment, and labor necessary to complete the construction of the work described in these documents in full and complete in accordance with plans, specifications, and contract documents, and to the full and entire satisfaction of the City of Rocky Mount for the sum of:

TOTAL PROPOSAL (BASE AND ALTERNATES): Dollars $

Respectively submitted this day of _____ _______20

(Contractor’s Name)

Federal ID#: By:

Witness: Title:

(Owner, partner, corp. Pres. Or Vice President) Address:

(Proprietorship or Partnership)

Attest: (corporation) Email Address: __________________________

(Corporate Seal)

By: License #:

Title:

(Corporation, Secretary. /Ass't Secretary.)

RFP 320-210825TW CONTRACTOR: _______________________________

Standard Form of Informal Contract and General Conditions Page 13 of 30

ATTACHMENT B: ACCEPTED by the City of Rocky Mount

For

Manhole Rehabilitation FY26

Total amount of accepted by the owner, included base proposal and proposal alternates:

BY: ____________________________ ________________________ ________________

Name Title Date

BY: Title: Purchasing Manager

Date:

RFP 320-210825TW CONTRACTOR: _______________________________

Standard Form of Informal Contract and General Conditions Page 14 of 30

ATTACHMENT C: G E N E R A L C O N D I T I O N S

1. GENERAL

It is understood and agreed that by submitting a proposal that the Contractor has examined these contract documents, drawings and/or specifications and has visited the site of the Work and has familiarized himself relative to the Work to be performed.

2. DEFINITIONS

Owner: "Owner" shall mean, The City of Rocky Mount

Contractor: "Contractor" shall mean the entity that will provide the services for the Owner.

Designer: The designer(s) are those referred to within this contract, or their authorized representatives. The Designer(s), as referred to herein, shall mean architect and/or engineer responsible for preparing the project plans and specifications. They will be referred to hereinafter as if each were of the singular number, masculine gender.

Contract Documents: “Contract Documents” shall consist of the Standard Form of Informal Bidding; General Conditions of the Contract; special conditions if applicable; Supplementary General Conditions; the drawing and specifications, including all bulletins, addenda or other modifications of the drawings and specifications incorporated into the documents prior to their execution; the proposal; the contract; the performance bond if applicable; and insurance certificates. All of these items together form the contract.

INTENT AND EXECUTION OF DOCUMENTS

The drawings and specifications are complementary, one to the other. That which is shown on the drawings or called for in the specifications shall be as binding as if it were both called for and shown. The intent of the drawings and specifications is to establish the scope of all labor, materials, transportation, equipment, and any and all other things necessary to provide a complete job. In case of discrepancy or disagreement in the Contract Documents, the order of precedence shall be: Form of Contract, specifications, large-scale detail drawings, small-scale drawings.

In such cases where the nature of the work requires clarification by the Designer/ Owner, the Designer/ Owner shall furnish such clarification. Clarifications and drawings shall be consistent with the intent of the Contract Documents and shall become a part thereof.

4. AS-BUILT MARKED-UP CONSTRUCTION DOCUMENTS

Contractor shall provide one complete set of legible “as-built” marked-up construction drawings and specifications recording any and all changes made to the original design during the course of construction. In the event no changes occurred, submit construction drawings and specifications set with notation “No Changes.” The Designer/Owner must receive “As-built” marked-up construction drawings and specifications before the final pay request can be processed.

5. SUBMITTAL DATA

The Contractor awarded the contract shall submit all specified submittals to the Owner/Designer. A minimum number of copies as specified by the owner, of all required submittal data pertaining to construction, performance and general dimensional criteria of the components listed in the technical specifications shall be submitted. No material or equipment shall be ordered or installed prior to written approval of the submittals by the Designer/Owner. Failure to provide submittal data for review on equipment listed in the technical specifications will result in removal of equipment by the Contractor at his expense if the equipment is not in compliance with the specifications.

RFP 320-210825TW CONTRACTOR: _______________________________

Standard Form of Informal Contract and General Conditions Page 15 of 30

6. SUBSTITUTIONS

In accordance with the provisions of G.S. 133-3, material, product, or equipment substitutions proposed by the bidders to those specified herein can only be considered during the bidding phase until five (5) days prior to the receipt of proposals or by the date specified in the pre proposal conference, when submitted to the Designer with sufficient data to confirm material, product, or equipment equality.

Submittals for proposed substitutions shall include the following information:

a. Name, address, and telephone number of manufacturer and supplier as appropriate.

b. Trade name, model or catalog designation.

c. Product data including performance and test data, reference standards, and technical descriptions of material, product, or equipment. Include color samples and samples of available finishes as appropriate.

d. Detailed comparison with specified products including performance capabilities, warranties, and test results.

e. Other pertinent data including data requested by the Designer to confirm product equality.

If a proposed material, product, or equipment substitution is deemed equal by the Designer to those specified, all bidders of record will be notified by Addendum.

7. WORKING DRAWINGS AND SPECIFICATIONS AT THE JOB SITE

The contractor shall maintain, in readable condition at his job site one complete set of working drawings and specifications for his work including all shop drawings. Such drawings and specifications shall be available for use by the owner, designer or his authorized representative.

The contractor shall maintain at the job site, a day-to-day record of work-in-place that is at variance with the contract documents. Such variations shall be fully noted on project drawings by the contractor and submitted to the designer upon project completion and no later than 30 days after acceptance of the project.

8. MATERIALS, EQUIPMENT, EMPLOYEES

a. The contractor shall, unless otherwise specified, supply and pay for all labor, transportation, materials, tools, apparatus, lights, power, fuel, heat, sanitary facilities, water, scaffolding and incidentals necessary for the completion of his work, and shall install, maintain and remove all equipment of the construction, other utensils or things, and be responsible for the safe, proper and lawful construction, maintenance and use of same, and shall construct in the best and most workmanlike manner, a complete job and everything incidental thereto, as shown on the plans, stated in the specifications, or reasonably implied therefrom, all in accordance with the contract documents.

b. All materials shall be new and of quality specified, except where reclaimed material is authorized herein and approved for use. Workmanship shall at all times be of a grade accepted as the best practice of the particular trade involved, and as stipulated in written standards of recognized organizations or institutes of the respective trades except as exceeded or qualified by the specifications.

c. Upon notice, the contractor shall furnish evidence as to quality of materials.

RFP 320-210825TW CONTRACTOR: _______________________________

Standard Form of Informal Contract and General Conditions Page 16 of 30

d. Products are generally specified by ASTM or other reference standard and/or by manufacturer's name and model number or trade name. When specified only by reference standard, the Contractor may select any product meeting this standard, by any manufacturer. When several products or manufacturers are specified as being equally acceptable, the Contractor has the option of using any product and manufacturer combination listed. However, the contractor shall be aware that the cited examples are used only to denote the quality standard of product desired and that they do not restrict bidders to a specific brand, make, manufacturer or specific name; that they are used only to set forth and convey to proposals the general style, type, character and quality of product desired; and that equivalent products will be acceptable. Request for substitution of materials, items, or equipment shall be submitted to the designer for approval or disapproval; the designer prior to the opening of proposals shall make such approval or disapproval. Alternate materials may be requested after the award if it can clearly be demonstrated that it is an added benefit to the owner and the designer and owner approves.

e. The designer is the judge of equality for proposed substitution of products, materials or equipment.

f. If at any time during the construction and completion of the work covered by these contract documents, the language, conduct, or attire of any workman of the various crafts be adjudged a nuisance to the owner or designer, or if any workman be considered detrimental to the work, the contractor shall order such parties removed immediately from grounds.

g. The Contractor shall cooperate with the designer and the owner in coordinating construction activities.

h. The Contractor shall maintain qualified personnel and effective supervision at the site at all times during the project and exercise the appropriate quality control program to ensure compliance with the project drawings and specifications. The designer is responsible for determining compliance with the drawings and specifications.

9. CODES, PERMITS AND INSPECTIONS

The Contractor shall obtain the required permits, if required, give all notices, and comply with all laws, ordinances, codes, rules and regulations bearing on the conduct of the work under this contract. If the Contractor observes that the drawings and specifications are at variance therewith, he shall promptly notify the Designer in writing. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, codes, rules and regulations, and without such notice to the Owner, he shall bear all cost arising there from.

All work under this contract shall conform to the current North Carolina Building Code and other state and national codes as are applicable.

All fire alarm work shall be in accordance with the latest State Construction Office (SCO) Guidelines for Fire Alarm Installation (NFPA72). Where the contract documents are in conflict with the SCO guidelines, the SCO guidelines shall govern. The Contractor shall be responsible for all the costs for the correction of the work where he installs it in conflict with the latest edition of the SCO Guidelines for Fire Alarm Installation.

10. PROTECTION OF WORK, PROPERTY, THE PUBLIC AND SAFETY

a. The contractors shall be jointly responsible for the entire site and the building or construction of the same and provide all the necessary protections, as required by the owner or designer, and by laws or ordinances governing such conditions. They shall be responsible for any damage to the owner's

*Inspection and certification of compliance by local authorities is necessary if an architect or engineer was not employed on the project.

RFP 320-210825TW CONTRACTOR: _______________________________

Standard Form of Informal Contract and General Conditions Page 17 of 30 property or of that of others on the job, by them, their personnel, or their subcontractors, and shall make good such damages. They shall be responsible for and pay for any damages caused to the owner. All contractors shall have access to the project at all times, except as indicated in the Supplemental General Conditions.

b. The contractor shall provide cover and protect all portions of the structure when the work is not in progress, provide and set all temporary roofs, covers for doorways, sash and windows, and all other materials necessary to protect all the work on the building, whether set by him, or any of the subcontractors. Any work damaged through the lack of proper protection or from any other cause, shall be repaired or replaced without extra cost to the owner.

c. No fires of any kind will be allowed inside or around the operations during the course of construction without special permission from the designer and owner.

d. The contractor shall protect all trees and shrubs designated to remain in the vicinity of the operations by building substantial boxes around it. He shall barricade all walks, roads, etc., as directed by the designer to keep the public away from the construction. All trenches, excavations or other hazards in the vicinity of the work shall be well barricaded and properly lighted at night.

e. The contractor shall provide all necessary safety measures for the protection of all persons on the job, including the requirements of the A.G.C. Accident Prevention Manual in Construction, as amended, and shall fully comply with all state laws or regulations and North Carolina State Building Code requirements to prevent accident or injury to persons on or about the location of the work. He shall clearly mark or post signs warning of hazards existing, and shall barricade excavations, elevator shafts, stairwells and similar hazards. He shall protect against damage or injury resulting from falling materials and he shall maintain all protective devices and signs throughout the progress of the work.

f. The contractor shall adhere to the rules, regulations and interpretations of the North Carolina

Department of Labor relating to Occupational Safety and Health Standards for the Construction Industry (Title 29, Code of Federal Regulations, Part 1926, published in Volume 39, Number 122, Part II, June 24, 1974, Federal Register), and revisions thereto as adopted by General Statutes of North Carolina 95-126 through 155.

i. In the event of emergency affecting the safety of life, the protection of work, or the safety of adjoining properties, the contractor is hereby authorized to act at his own discretion, without further authorization from anyone, to prevent such threatened injury or damage. Any compensation claimed by the contractor on account of such action shall be determined as provided for under Article 13(b).

j. Any and all costs associated with correcting damage caused to adjacent properties of the construction site or staging area shall be borne by the contractor. These costs shall include but not be limited to flooding, mud, sand, stone, debris, and discharging of waste products.

11. SUBCONTRACTS AND SUBCONTRACTORS

The Contractor is and remains fully responsible for his own acts or omissions as well as those of any subcontractor or of any employee of either. The Contractor agrees that no contractual relationship exists between the subcontractor and the Owner in regard to the contract, and that the subcontractor acts on this work as an agent or employee of the Contractor.

12. CONTRACTOR-SUBCONTRACTOR RELATIONSHIPS

The Contractor agrees that the terms of these Contract Documents shall apply equally to each Subcontractor as to the Contractor, and the Contractor agrees to take such action as may be necessary to bind each Subcontractor to these terms. The Contractor further agrees to conform to the Code of Ethical Conduct as adopted by the

RFP 320-210825TW CONTRACTOR: _______________________________

Standard Form of Informal Contract and General Conditions Page 18 of 30

Associated General Contractors of America, Inc., with respect to Contractor-Subcontractor relationships. The Owner reserves the right to limit the amount of portions of work to be subcontracted as hereinafter specified.

13. CHANGES IN THE WORK AND CLAIMS FOR EXTRA COST

a. The owner may have changes made in the work covered by the contract. These changes will not invalidate and will not relieve or release the contractor from any guarantee given by him pertinent to the contract provisions. These changes will not affect the validity of the guarantee bond and will not relieve the surety or sureties of said bond. All extra work shall be executed under conditions of the original contract.

b. Except in an emergency endangering life or property, no change shall be made by the contractor except upon receipt of approved change order from the designer, countersigned by the owner authorizing such change. No claim for adjustments of the contract price shall be valid unless this procedure is followed.

In the event of emergency endangering life or property, the contractor may be directed to proceed on a time and material basis whereupon the contractor shall proceed and keep accurately on such form as specified by the designer or owner, a correct account of costs together with all proper invoices, payrolls and supporting data. Upon completion of the work the change order will be prepared as outlined under either Method "c(1)" or Method "c(2)" or both.

c. In determining the values of changes, either additive or deductive, contractors are restricted to the use of the following methods:

1. Where the extra work involved is covered by unit prices quoted in the proposal, or subsequently agreed to by the Contractor, Designer, an Owner the value of the change shall be computed by application of unit prices based on quantities, estimated or actual as agreed of the items involved, except is such cases where a quantity exceeds the estimated quantity allowance in the contract by one hundred percent (100%) or more. In such cases, either party may elect to proceed under subparagraph c (2) herein. If neither party elects to proceed under c (2), then unit prices shall apply.

2. The contracting parties shall negotiate and agree upon the equitable value of the change prior to issuance of the change order, and the change order shall stipulate the corresponding lump sum adjustment to the contract price.

d. Under Paragraph “b” and Methods "c(2)" above, the allowances for overhead and profit combined shall be as follows: all contractors (the single contracting entity (prime), his subcontractors(1st tier subs), or their sub-subcontractors (2nd tier subs, 3rd tier subs, etc.) shall be allowed a maximum of 10% on work they each self-perform; the prime contractor shall be allowed a maximum of 5% on contracted work of his 1st tier sub; 1st tier, 2nd tier, 3rd tier, etc. contractors shall be allowed a maximum of 2.5% on the contracted work of their subs. ; Under Method "c(1)", no additional allowances shall be made for overhead and profit. In the case of deductible change orders, under Method "c(2)" and Paragraph (b) above, the contractor shall include no less than five percent (5%) profit, but no allowances for overhead.

e. The term "net cost" as used herein shall mean the difference between all proper cost additions and deductions. The "cost" as used herein shall be limited to the following:

1. The actual costs of materials and supplies incorporated or consumed as part of the work;

2. The actual costs of labor expended on the project site; labor expended in coordination, change order negotiation, record document maintenance, shop drawing revision or other tasks

RFP 320-210825TW CONTRACTOR: _______________________________

Standard Form of Informal Contract and General Conditions Page 19 of 30 necessary to the administration of the project are considered overhead whether they take place in an office or on the project site.

3. The actual costs of labor burden, limited to the costs of social security (FICA) and Medicare/Medicaid taxes; unemployment insurance costs; health/dental/vision insurance premiums; paid employee leave for holidays, vacation, sick leave, and/or petty leave, not to exceed a total of 30 days per year; retirement contributions; worker’s compensation insurance premiums; and the costs of general liability insurance when premiums are computed based on payroll amounts; the total of which shall not exceed thirty percent (30%) of the actual costs of labor;

4. The actual costs of rental for tools, excluding hand tools; equipment; machinery; and temporary facilities required for the work;

5. The actual costs of premiums for bonds, insurance, permit fees and sales or use taxes related to the work.

f. Should concealed conditions be encountered in the performance of the work below grade, or should concealed or unknown conditions in an existing structure be at variance with the conditions indicated by the contract documents, the contract sum and time for completion may be equitably adjusted by change order upon claim by either party made within thirty (30) days after the condition has been identified. The cost of such change shall be arrived at by one of the foregoing methods.

All change orders shall be supported by a unit cost breakdown showing method of arriving at net cost as defined above.

g. Change orders shall be submitted by the contractor in writing to the owner/designer for review and approval. The contractor will provide such proposal and supporting data in suitable format. The designer shall verify correctness. Delay in the processing of the change order due to lack of proper submittal by the contractor of all required supporting data shall not constitute grounds for a time extension or basis of a claim. Within fourteen (14) days after receipt of the contractor’s accepted proposal including all supporting documentation required by the designer, the designer shall prepare the change order and forward to the contractor for his signature or otherwise respond, in writing, to the contractor’s proposal. Within seven (7) days after receipt of the change order executed by the contractor, the designer shall, certify the change order by his signature, and forward the change order and all supporting data to the owner for the owner's signature. The owner shall execute the change order, within seven (7) days of receipt.

At the time of signing a change order, the contractor shall be required to certify as follows:

"I certify that my bonding company will be notified forthwith that my contract has been changed by the amount of this change order, and that a copy of the approved change order will be mailed upon receipt by me to my surety."

h. A change order, when issued, shall be full compensation, or credit, for the work included, omitted or substituted. It shall show on its face the adjustment in time for completion of the project as a result of the change in the work.

i. If, during the progress of the work, the owner requests a change order and the contractor's terms are unacceptable, the owner, may require the contractor to perform such work on a time and material basis whereupon the contractor shall proceed and keep accurately on such form as specified by the Designer or owner, a correct account of cost together with all proper invoices, payrolls and supporting data. Upon completion of the work a change order will be prepared with allowances for overhead and profit. above and “net cost” and “cost” per paragraph e. ( will become

d) above. Without prejudice, nothing in this paragraph shall preclude the owner from performing or to have performed that portion of the work requested in the change order.

RFP 320-210825TW CONTRACTOR: _______________________________

Standard Form of Informal Contract and General Conditions Page 20 of 30

14. ANNULMENT OF CONTRACT

If the contractor fails to begin the work under the contract within the time specified, or the progress of the work is not maintained on schedule, or the work is not completed within the time specified, or fails to perform the work with sufficient workmen and equipment or with sufficient materials to ensure the prompt completion of said work, or shall perform the work unsuitably or shall discontinue the prosecution of the work, or if the contractor shall become insolvent or be declared bankrupt or commit any act of bankruptcy or insolvency, or allow any final judgment to stand against him unsatisfied for a period of forty-eight (48) hours, or shall make an assignment for the benefit of creditors, or for any other cause whatsoever shall not carry on the work in an acceptable manner, the owner may give notice in writing, sent by certified mail, return receipt requested, to the contractor and his surety (if applicable) of such delay, neglect or default, specifying the same, and if the contractor within a period of seven (7) days after such notice shall not proceed in accordance therewith, then the owner shall, declare this contract in default, and, thereupon, the surety shall promptly take over the work and complete the performance of this contract in the manner and within the time frame specified. In the event the contractor, or the surety (if applicable) shall fail to take over the work to be done under this contract within seven (7) days after being so notified and notify the owner in writing, sent by certified mail, return receipt requested, that he is taking the same over and stating that he will diligently pursue and complete the same, the owner shall have full power and authority, without violating the contract, to take the prosecution of the work out of the hands of said contractor, to appropriate or use any or all contract materials and equipment on the grounds as may be suitable and acceptable and may enter into an agreement, either by public letting or negotiation, for the completion of said contract according to the terms and provisions thereof or use such other methods as in his opinion shall be required for the completion of said contract in an acceptable manner. All costs and charges incurred by the owner, together with the costs of completing the work under contract, shall be deducted from any monies due or which may become due said contractor and surety (if applicable). In case the expense so incurred by the owner shall be less than the sum which would have been payable under the contract, if it had been completed by said contractor, then the said contractor and surety (if applicable) shall be entitled to receive the difference, but in case such expense shall exceed the sum which would have been payable under the contract, then the contractor and the surety (if applicable) shall be liable and shall pay to the owner the amount of said excess.

15. TERMINATION FOR CONVENIENCE

a. Owner may at any time and for any reason terminate Contractor’s services and work at Owner's convenience, after notification to the contractor in writing via email or certified mail. Upon receipt of such notice, Contractor shall, unless the notice directs otherwise, immediately discontinue the work and placing of orders for materials, facilities and supplies in connection with the performance of this Agreement.

b. Upon such termination, Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Agreement; plus, (2) such other costs actually incurred by Contractor as approved by Owner; (3) plus ten percent (10%) of the cost of the balance of the work to be completed for overhead and profit. There shall be deducted from such sums as provided in this subparagraph the amount of any payments made to Contractor prior to the date of the termination of this Agreement. Contractor shall not be entitled to any claim or claim of lien against Owner for any additional compensation or damages in the event of such termination and payment.

16. OWNER'S RIGHT TO DO WORK

If, during the progress of the work or during the period of guarantee, the contractor fails to prosecute the work properly or to perform any provision of the contract, the owner, after seven (7) days' written notice sent by email or certified mail, return receipt requested, to the contractor from the designer, may perform or have performed that

RFP 320-210825TW CONTRACTOR: _______________________________

Standard Form of Informal Contract and General Conditions Page 21 of 30 portion of the work. The cost of the work may be deducted from any amounts due or to become due to the contractor, such action and cost of same having been first approved by the designer.