Central Services

Request for Proposal #: 320-091026AG

Train Station HVAC Replacement

Date of Issue: 10/15/2026

Proposal Due Date: 11/04/2026 at 02:00 P.M. ET

Direct all inquiries concerning this RFP to:

Alicia Gaines

Purchasing Associate III

Email: alicia.gaines@rockymountnc.gov

Phone: 252-972-1227

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

mailto:alicia.gaines@rockymountnc.gov

RFP 320-091026AG CONTRACTOR: ______________________________

Standard Form of Informal Contract and General Conditions Page 2 of 24

Contents

I. SCOPE OF WORK

II. PROJECT SCHEDULE

III. MANDATORY PRE-BID/SITE VISIT

IV. QUESTIONS

V. PROPOSAL SUBMITTAL

VI. AUTHORIZED SIGNATURE REQUIREMENT

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: PROPOSED PRODUCTS FORM

ATTACHMENT G: WORKERS’ COMPENSATION INDEMNITY AGREEMENT

RFP 320-091026AG CONTRACTOR: ______________________________

Standard Form of Informal Contract and General Conditions Page 3 of 24

CITY OF ROCKY MOUNT

STANDARD FORM OF INFORMAL CONTRACT

AND GENERAL CONDITIONS

FOR

Project ID# - 320-091026AG

I. SCOPE OF WORK

Furnish and install the following water-source console heat pumps, complete and operable: disconnect, remove and dispose of existing units; set new units in the existing console positions; reconnect water piping, electrical, unit-mounted thermostat controls and condensate; and perform start-up and testing. All units same manufacturer and series. Basis of design below; approved equals subject to the notes.

TAG QTY MANUFACTURER/BASIS

MODEL

TYPE NOMINAL

CAPACITY

ELECTRICAL CONFIGURATION &

CONNECTIONS

HP-1 18 ClimateMaster

TRC12BGCABNCRFT

Tranquility console series

Water-source console heat pump

1 ton (12,000 Btuh nom.)

208-230 V Single-phase

Unit-mounted thermostat; front return; FPT water connections. Provide with factory options matching the basis model suffix.

HP-2 11 ClimateMaster TRC18 equivalent Same series as HP-1

Water-source console heat pump

1-1/2 V (18,000 Btuh nom.)

208-230 V Single-phase

Unit-mounted thermostat; front return; FPT water connections.

Identical to HP-1 in all respects except capacity/size.

Total units to be furnished and installed under this schedule 29

II. PROJECT SCHEDULE

Event Responsibility Date and Time

Issue RFP City Thursday 10/15/2026

Mandatory Pre-bid/Site Visit City Thursday 10/22/2026 10:00 a.m.

Submit Written Questions Contractor Monday 10/26/2026 5:00 p. m.

Provide Response to Questions/Addendum

Deadline

City Thursday 10/29/2026

Submit Proposals Contractor Wednesday 11/4/2026 2:00 p. m.

Contract Award City TBD

III. MANDATORY PRE-BID/SITE VISIT

Mandatory Pre-Bid Meeting

Date: 10/22/2026

RFP 320-091026AG CONTRACTOR: ______________________________

Standard Form of Informal Contract and General Conditions Page 4 of 24

Time: 10:00 am Contact #: 252-972-1227

Instructions: It shall be MANDATORY that each Contractor’s representative be present for a pre-bid/site visit.

Attendees must meet promptly at 101 Coastline St., Rocky Mount, NC 27804. All attendees must sign in upon arrival and clearly indicate the prospective Vendor represented on the sign-in sheet. LATE ARRIVALS WILL NOT BE

ALLOWED TO SIGN IN, NOR SHALL THEIR BID BE CONSIDERED. Late arrivals may be excluded from the meeting room until all on-time attendees have completed sign-in, and the sign-in sheet secured. Once the sign-in process is complete, all other persons wishing to attend may do so to the extent that space and circumstances allow. On-time attendance will be strictly enforced.

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 emailed to Alicia.Gaines@rockymountnc.gov by the date and time specified in the proposal schedule. Contractors will enter “RFP #320-091026AG – Questions” as the subject for the email.

Questions received prior to the submission deadline date, the City’s response, and any additional terms deemed necessary by the City will be posted in the form of an addendum on the City of Rocky Mount Purchasing web page 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 in connection with this RFP, shall be considered authoritative or binding. Vendors shall rely only on written material contained in an

Addendum to this RFP.

V. PROPOSAL SUBMITTAL

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

1. One (1) copy of their RFP response, including name, address, and phone number of contact person. RFP responses shall be addressed to:

Attn: RFP 320-091026AG City of Rocky Mount Purchasing- Alicia Gaines 331 S. Franklin Street Rocky Mount, NC 27802

All RFP responses shall be received by the date and time noted in the schedule on page 3. RFP responses may be sent via email, US Mail, FedEx, UPS, or hand-delivered. Faxed RFP responses will not be accepted.

Proposal Submission Requirements: Vendors shall not modify, alter, or edit any part of this Request for Proposal

(RFP) document. Any additional information, clarifications, or exceptions must be provided on a separate sheet of mailto:Alicia.Gaines@rockymountnc.gov https://www.rockymountnc.gov/Bids.aspx https://evp.nc.gov/solicitations/

RFP 320-091026AG CONTRACTOR: ______________________________

Standard Form of Informal Contract and General Conditions Page 5 of 24 paper and clearly referenced in the proposal. Failure to comply with this requirement may result in disqualification of the proposal.

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.

VI. AUTHORIZED SIGNATURE REQUIREMENT

All proposals, bids, or other offers must be signed by an individual authorized to bind the firm contractually. The City reserves the right to request documentation showing evidence of signatory authority (e.g., corporate resolution, operating agreement, power of attorney, or other verification). Failure to provide such documentation upon request may result in disqualification of the offer or rejection of the executed contract.

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 proposal. If the city of Rocky Mount references are provided, they 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

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;

RFP 320-091026AG CONTRACTOR: ______________________________

Standard Form of Informal Contract and General Conditions Page 6 of 24

• 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

• The City reserves the right to withhold payment and /or offset any amounts due to the Contractor under this contract against any debt, delinquent taxes, fees, fines, utility charges, judgments, or other obligations owed by the Contractor to the City.

RFP 320-091026AG CONTRACTOR: ______________________________

Standard Form of Informal Contract and General Conditions Page 7 of 24

ATTACHMENT A: PROPOSAL/ACCEPTANCE FORM

For

320-091026AG

GENERAL NOTES

1. Basis of design: ClimateMaster Tranquility console (TRC) series as scheduled. The model number listed for HP-1 is the basis; HP-2 is the 1-1/2-ton size of the same series and configuration (TRC18 equivalent).

2. Or-equal substitutions: Alternate manufacturers/models will be considered as or-equal provided the unit is a water-source console heat pump of the scheduled nominal capacity, 208–230 V, with unit-mounted thermostat, front return, and FPT water connections, and fits the existing console location and piping.

Submit product data demonstrating compliance for approval.

3. Verify in field: Before ordering, verify existing unit dimensions, water piping locations and sizes, electrical service, and clearances at each location. No allowance will be made for equipment that does not fit the existing conditions.

4. Furnish and install — complete and operable: Each unit complete with factory controls, unit-mounted thermostat, filter, and all accessories. Work includes disconnect/remove/dispose of existing units, setting new units in existing console positions, reconnecting water piping (FPT), electrical (208–230 V), unit-mounted thermostat controls and condensate, and start-up/testing.

5. Submittals with bid: Include manufacturer cut sheets for both sizes showing model number, capacity, electrical data (voltage, MCA, MOP), dimensions, weight, water connection size and type, and options included.

6. Quantities and pricing: Quantities are 18 (HP-1) and 11 (HP-2), total 29 units. Bid furnished-and-installed unit prices for each tag and an extended total (equipment and installation included, not supply-only); the Owner / Purchasing may adjust quantities by unit price.

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 BASE PROPOSAL: Dollars $

Respectively submitted this day of _____ _______20

(Contractor’s Name)

Federal ID#: By:

RFP 320-091026AG CONTRACTOR: ______________________________

Standard Form of Informal Contract and General Conditions Page 8 of 24

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 320-091026AG CONTRACTOR: ______________________________

Standard Form of Informal Contract and General Conditions Page 9 of 24

ATTACHMENT B: ACCEPTED by the City of Rocky Mount

For

320-091026AG

City of Rocky Mount

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

BY: Title: Purchasing Manager

Date:

PRE-AUDIT

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

Finance Director Date

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.

RFP 320-091026AG CONTRACTOR: ______________________________

Standard Form of Informal Contract and General Conditions Page 10 of 24

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.

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.

RFP 320-091026AG CONTRACTOR: ______________________________

Standard Form of Informal Contract and General Conditions Page 11 of 24

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.

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.

RFP 320-091026AG CONTRACTOR: ______________________________

Standard Form of Informal Contract and General Conditions Page 12 of 24

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 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.

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

RFP 320-091026AG CONTRACTOR: ______________________________

Standard Form of Informal Contract and General Conditions Page 13 of 24

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 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

RFP 320-091026AG CONTRACTOR: ______________________________

Standard Form of Informal Contract and General Conditions Page 14 of 24 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 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

RFP 320-091026AG CONTRACTOR: ______________________________

Standard Form of Informal Contract and General Conditions Page 15 of 24 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.

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

RFP 320-091026AG CONTRACTOR: ______________________________

Standard Form of Informal Contract and General Conditions Page 16 of 24 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 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. Should the cost of such action of the owner exceed the amount due or to become due the contractor, then the contractor or his surety, or both, shall be liable for and shall pay to the owner the amount of said excess.

17. REQUESTS FOR PAYMENT

Contractor shall refer to the Supplemental General Conditions for specific directions on payment schedule, procedures and the name and address where to send applications for payments for this project. It is imperative that invoices be sent only to the above address in order to assure proper and timely delivery and handling.

The Designer/Owner will process all Contractor pay requests as the project progresses. The Contractor shall receive payment within thirty (30) consecutive days after Designer/Owner’s approval of each pay request. Payment will only be made for work performed as determined by the Designer/Owner.

Retainage:

a. Retainage withheld will not exceed 5% at any time.

b. The same terms apply to general contractor and subcontractors alike.

RFP 320-091026AG CONTRACTOR: ______________________________

Standard Form of Informal Contract and General Conditions Page 17 of 24

c. Following 50% completion of the project no further retainage will be withheld if the contractor/subcontractor has performed their work satisfactorily.

d. Exceptions:

1. Owner/Contractor can reinstate retainage if the contractor/subcontractor does not continue to perform satisfactorily.

2. Following 50% completion of the project, the owner is authorized to withhold additional retainage from a subsequent periodic payment if the amount of retainage withheld falls below 2.5%.

Final payment will be made within thirty (30) consecutive days after acceptance of the work, receipt of marked-up “as-built” drawings and specifications and the submission both of notarized Contractor's affidavit and final pay request. All pay requests shall be submitted to the Designer/Owner for approval.

THE CONTRACTOR'S FINAL PAYMENT AFFIDAVIT SHALL STATE: "THIS IS TO CERTIFY THAT ALL COSTS OF MATERIALS, EQUIPMENT, LABOR, SUBCONTRACTED WORK, AND ALL ELSE ENTERING INTO THE

ACCOMPLISHMENT OF THIS CONTRACT, INCLUDING PAYROLLS, HAVE BEEN PAID IN FULL."

18. PAYMENTS WITHHELD

The designer with the approval of the Owner may withhold payment for the following reasons:

a. Faulty work not corrected.

b. The unpaid balance on the contract is insufficient to complete the work in the judgment of the designer.

c. To provide for sufficient contract balance to cover liquidated damages that will be assessed.

d. The secretary of the Department of Administration may authorize the withholding of payment for the following reasons:

i.Claims filed against the contractor or evidence that a claim will be filed.

ii.Evidence that subcontractors have not been paid.

When grounds for withholding payments have been removed, payment will be released. Delay of payment due the contractor without cause will make owner liable for payment of interest to the contractor as provided in G.S.

143-134.1. As provided in G.S. 143-134.1(e), the owner shall not be liable for interest on payments withheld by the owner for unsatisfactory job progress, defective construction not remedied, disputed work, or third-party claims filed against the owner or reasonable evidence that a third-party claim will be filed.

19. MINIMUM INSURANCE REQUIREMENTS

Requirements. Providing and maintaining adequate insurance coverage is a material obligation of the Contractor and is of the essence of The Contract. All such insurance shall meet all laws of the City of Rocky Mount.

Such insurance coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina. The Contractor shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or The Contract. The limits of coverage under each insurance policy maintained by the Contractor shall not be interpreted as limiting the Contractor’s liability and obligations under the Contract.

RFP 320-091026AG CONTRACTOR: ______________________________

Standard Form of Informal Contract and General Conditions Page 18 of 24

Insurance. Contractor agrees to maintain Commercial General Liability in amount of $1,000,000 each occurrence, $1,000,000 each occurrence in Personal & Advertising Injury with $2,000,000 General Aggregate, and $2,000,000 Products/Completed Operations Aggregate. Contractor shall maintain $1,000,000 in automobile liability, and other appropriate insurance, as well as Workers Compensation in the required statutory amount of $500,000.00 for all employees participating in the provision of services under this Contract. The City of Rocky Mount shall be named by endorsement as an additional insured on the General and Automobile Liability policies. Certificates of such insurance shall be furnished by Contractor to the City and shall contain an endorsement to provide the City at least 30 days’ written notice of any intent to cancel or terminate by either Contractor or the insuring company. Failure to furnish insurance certificates or maintain such insurance shall be a default under this contract and shall be grounds for immediate termination of this Contract.

20. ASSIGNMENT

No assignment of the Contractor's obligations or the Contractor's right to receive payment hereunder shall be permitted.

21. CLEANING UP AND RESTORATION OF SITE

The Contractor shall keep the sites and surrounding area reasonably free from rubbish at all times and shall remove debris from the site from time to time or when directed to do so by the Owner. Before final inspection and acceptance of the project, the Contractor shall thoroughly clean the sites, and completely prepare the project and site for use by the Owner.

At the end of construction, the contractor shall oversee and implement the restoration of the construction site to its original state. Restoration includes but not limited to walks, drives, lawns, trees and shrubs, corridors, stairs and other elements shall be repaired, cleaned or otherwise restored to their original state.

22. GUARANTEE

The contractor shall unconditionally guarantee materials and workmanship against patent defects arising from faulty materials, faulty workmanship or negligence for a period of twelve (12) months following the final acceptance of the work and shall replace such defective materials or workmanship without cost to the owner.

Where items of equipment or material carry a manufacturer's warranty for any period in excess of twelve (12) months, then the manufacturer's warranty shall apply for that particular piece of equipment or material. The contractor shall replace such defective equipment or materials, without cost to the owner, within the manufacturer's warranty period.

Additionally, the owner may bring an action for latent defects caused by the negligence of the contractor, which is hidden or not readily apparent to the owner at the time of beneficial occupancy or final acceptance, whichever occurred first, in accordance with applicable law.

Guarantees for roofing workmanship and materials shall be stipulated in the specifications sections governing such roof, equipment, materials, or supplies.

23. STANDARDS

All manufactured items and/or fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving a connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate State or City inspector which customarily requires the label or re-examination listing or identification marking of appropriate safety standard organization, such as the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories and/or National Electrical Manufacturers Association for electrically operated assemblies; or the American Gas Association for gas operated assemblies, where such approvals of listings have been established for the type of device offered

RFP 320-091026AG CONTRACTOR: ______________________________

Standard Form of Informal Contract and General Conditions Page 19 of 24 and furnished. Further, all items furnished shall meet all requirements of the Occupational Safety and Health Act (OSHA), and State and federal requirements relating to clean air and water pollution.

All equipment and products must be independent third party tested and labeled (UL, FM, or CTS) before final connections to Owner services or utilities.

24. EQUAL OPPORTUNITY CLAUSE

The non-discrimination clause contained in Section 202 (Federal) Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin, and the implementing rules and regulations prescribed by the secretary of Labor, are incorporated herein.

The contractor(s) agree not to discriminate against any employee or applicant for employment because of physical or mental disabilities in regard to any position for which the employee or applicant is qualified. The contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified individuals with such disabilities without discrimination based upon their physical or mental disability in all employment practices.

25. ACCESS TO PERSONS AND RECORDS

The State Auditor shall have access to persons and records as a result of all contracts or grants entered into by the Owner in accordance with General Statute 147-64.7.