Annual Street Resurfacing Project (Formal)

NAME OF BIDDER_________________________ Address___________________________________ N.C. License No.____________________________ ADVERTISEMENT, PROPOSAL, CONTRACT DOCUMENTS AND SPECIFICATIONS FOR ANNUAL STREET RESURFACING PROJECT RALEIGH DEPARTMENT OF TRANSPORTATION TRANSPORTATION FIELD SERVICES 274-TFS-1-21 TRANSPORTATION DIRECTOR DATE OF ADVERTISING 222 West Hargett Street January 5, 2021 DATE OF PRE-BID MEETING January 12, 2021 9:00 a.m. DATE OF BID OPENING February 4, 2021 2:00 p.m. 3228 Spottswood St., Raleigh, N.C. ANNUAL RESURFACING 274-TFS-1-21 BD-1 CITY OF RALEIGH ANNUAL STREET RESURFACING PROJECT 274-TFS-1-21 DATE OF ADVERTISING: January 5, 2021 DATE OF PRE-BID CONFERENCE: January 12, 2021 9:00 a.m. DATE QUESTIONS DUE: January 15, 2021 2:00 p.m. DATE FOR RESPONSES BY THE CITY: January 20, 2021 by end of business DATE OF BID OPENING: February 4, 2021 2:00 p.m. NAME OF BIDDER: ADDRESS: NC LICENSE NO.: BID DEPOSIT 5%: TOTAL BID: MWBE PERCENTAGE: CONTRACTOR SIGNATURE: Municipal

Building | 222 West Hargett Street | Raleigh, North Carolina 27601 One Exchange Plaza | 1 Exchange Plaza | Raleigh, North Carolina 27601 Street Maintenance | 3228 Spottswood St. | Raleigh, North Carolina 27615 Mailing address: City of Raleigh | Post Office Box 590 | Raleigh, North Carolina 27602-0590 Department: Transportation Division: Street Maintenance Contract: 274-TFS-1-21 Description: Annual Street Resurfacing Project Subject: Bid Advertisement & Mandatory Pre-Bid Meeting To all Prospective Bidders: Separate sealed bids will be publicly opened and read aloud at 2:00pm on Thursday February 4, 2021 at the Transportation Field Services Northeast Remote Operations Facility (3228 Spottswood St. Raleigh, NC 27615) for the 2021 Street Resurfacing Contract. Sealed bids may be dropped off either the day of the bid opening or between the hours of 8am and 4pm in the days prior to the bid opening. A meeting will be held at the above facility, weather permitting, where bids will be publicly opened and read aloud. Due to restrictions on meeting sizes indoors during COVID-19, it is requested that each prime contractor only send one (1) representative to the bid opening. As a precautionary measure due to COVID-19 the Bid Opening will also be held via virtual meeting. For those who are selected to attend in person, all attendees will be required to adhere to the North Carolina and CDC social distancing and mask wearing guidelines. A mandatory Pre-Bid Meeting will be held via a virtual meeting at 9:00am, Tuesday January 12, 2021. No onsite meeting will be held, and Contractors and Vendors should not come to the Citys facility expecting to attend in person. Those who wish to attend the Pre-Bid Meeting must send an email to Daniel.callahan@raleighnc.gov and copy Lara.MacAulay@raleighnc.gov no later than 5:00pm Monday January 11, 2021 to ensure a meeting link can be provided. The City cannot guarantee an invitation for requests made after the above deadline. Please direct any questions or concerns to Lara MacAulay, Street Projects Engineer, at lara.macaulay@raleighnc.gov or 919-996-5765. File ANNUAL RESURFACING 274-TFS-1-21 BD-2 TABLE OF CONTENTS ADVERTISEMENT---------------------------------------------------------------------------------- BD3 PROPOSAL FORM----------------------------------------------------------------------------------- BD4 BIDDERS CERTIFICATION---------------------------------------------------------------------- BD5 BID BOND--------------------------------------------------------------------------------------------- BD6 INSTRUCTIONS TO CONTRACTORS---------------------------------------------------------- BD7 CONTRACT------------------------------------------------------------------------------------------- BD8 BD22 E-VERIFY AFFIDAVIT----------------------------------------------------------------------------- BD23 COMPLIANCE WITH THE MWBE PROGRAM----------------------------------------------- BD24 BD27 NONDISCRIMINATION AGREEMENT--------------------------------------------------------- BD28 MWBE DOCUMENTATION FORMS------------------------------------------------------------ BD29 BD39 PERFORMANCE BOND---------------------------------------------------------------------------- BD40 BD42 PAYMENT BOND------------------------------------------------------------------------------------ BD43 BD45 PROCEDURE FOR REPORTING SALES TAX------------------------------------------------ BD46 FINAL PAYMENT AFFIDAVIT------------------------------------------------------------------- BD47 SCHEDULE OF PRICES---------------------------------------------------------------------------- SP1 SP4 GENERAL CONDITIONS-------------------------------------------------------------------------- GC1 GC19 STANDARD GENERAL PROVISIONS---------------------------------------------------------- SGP1 SGP4 PROJECT SPECIAL PROVISIONS--------------------------------------------------------------- PSP1 PSP21 ANNUAL RESURFACING 274-TFS-1-21 BD-3 ADVERTISEMENT FOR BIDS CITY OF RALEIGH PROJECT NO. 274-TFS-1-21 ANNUAL STREET RESURFACING PROJECT Pursuant to the General Statues of North Carolina, Section 143-128 et. seq, sealed proposals are invited and will be received by the City of Raleigh in the office of the Street Superintendent until Thursday, February 4, 2021 at 2:00 p.m. at which time a meeting at 3228 Spottswood Street, Raleigh, N.C., the sealed proposals will be publicly opened for construction consisting of furnishing and installing the following: A. Resurfacing of approximately 15.6 centerline miles of city streets consisting of approximately 28,850 tons of Superpave Asphalt, 312 manhole adjustments and 432 water valve box adjustments. B. Installation of approximately 360 sidewalk access ramps. C. Approximately 249,102 square yards of asphalt milling. D. Installation of approximately 20,180 tons of Intermediate Course Asphalt for pavement patching. E. Furnishing and placement of thermoplastic pavement markings. F. Furnishing and installation of inductive detection signal loops. G. Removal and construction of speed humps. Copies of the plans and specifications may be obtained from the City of Raleigh beginning Tuesday, January 5, 2021 at 9:00 a.m. for a refundable fee of none dollars (n/a), provided conditions are met as outlined in the bid documents. A Mandatory Pre-Bid Conference for all contractors, subcontractors, minority and woman owned businesses will be held via a virtual meeting Tuesday, January 12, 2021 at 9:00 a.m. No onsite meeting will be held, and Contractors and Vendors should not come to the Citys facility expecting to attend in person. In review of the bid, Vendors may have questions to clarify or interpret the bid to submit the best bid possible. To accommodate the bid questions, Vendors shall submit any such questions by January 15, 2021 at 2:00 p.m. The City will not entertain any further questions after the deadline. Send your questions via email to Daniel.Callahan@raleighnc.gov with the bid number in the subject line of your email. The City will answer all questions in addenda to the bid and post on the IPS website. No proposal will be considered or accepted unless at the time of its filing, the same shall be accompanied by a cash deposit, cashiers check, or certified check on a bank or trust company insured by the FDIC and authorized to do business in North Carolina in an amount equal to five percent (5%) of the proposal. In the alternative, a five percent (5%) bid bond issued by a corporate surety licensed by the State of North Carolina may be filed with the proposal. Bidders must be properly licensed under Chapter 87 of the General Statutes of North Carolina and must comply with nondiscrimination provisions. The City is an equal opportunity Municipality/Owner and invites small and minority contractors to bid. The City Council reserves the right to reject any or all proposals. This the 5th day of January 2021. THE CITY OF RALEIGH Mary-Ann Baldwin, MAYOR Michael Moore, DIRECTOR, DEPARTMENT OF TRANSPORTATION ANNUAL RESURFACING 274-TFS-1-21 BD-4 PROPOSAL FORM PROPOSAL FOR THE CONSTRUCTION OF PROJECT NO. 274-TFS-1-21 IN THE CITY OF RALEIGH, NORTH CAROLINA DATE: CITY COUNCIL CITY OF RALEIGH RALEIGH, NORTH CAROLINA Ladies and Gentlemen: The undersigned bidder has carefully examined the Form of Contract, the Form of Contract Bonds, the General Conditions, the Special Conditions, the Plans and Specifications, all of which are acknowledged to be a part of the proposal, and the Proposal Form; and he has also carefully examined the site of the proposed work. The undersigned bidder agrees to bind himself on award to him by the City Council of the City of Raleigh under this proposal, to execute within ten (10) days, in accordance with such award, a Contract with necessary surety bonds, of which Contract this proposal and the plans and specifications shall be a part, to provide all necessary machinery, tools, labor, and other means of construction, and to do all the work and to furnish all materials, except as otherwise noted, necessary to perform and complete the said project within the time limit specified below. In addition to all other agreements and assurances, the undersigned bidder understands and hereby agrees as follows: (1) If this Contract is awarded to him he must, upon completion of this Contract, or at any other time requested, furnish to the City of Raleigh an accurate itemized statement of North Carolina Sales Tax paid on materials, supplies, equipment and any other items charged to this Contract, and otherwise fully comply with the Procedure for Reporting North Carolina Sales Tax Expenditures, attached. (2) The bidder further agrees to begin work within 10 calendar days from date of Contract Notice to Proceed. (3) The bidder represents and agrees to complete the entire project by October 15, 2021. Submitted this day of , 20__. Name of bidder: Address: ANNUAL RESURFACING 274-TFS-1-21 BD-5 ADDITIONAL BIDDERS CERTIFICATION Acceptance of Terms In submitting this Proposal, the undersigned agrees that this bid will remain in effect for a period of 60 days following the opening of the Bids, that the undersigned agrees to enter into a Contract with the Owner, if awarded, on the basis of this Proposal, and that the undersigned agrees to complete the work in accordance with the Contract Documents. Non-Collusion in Bidding The Bidder specifically agrees to abide by all applicable provisions of Article 3 of Chapter 133 of the North Carolina General Statutes. By submission of this Bid, each Bidder and each person signing on behalf of any Bidder certifies, and in case of a joint Bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this Bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Bidder or with any competitor; (2) Unless otherwise required by Law, the prices quoted in the Bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, directly or indirectly, to any other Bidder or to any competitor; and (3) No attempt has been made or will be made by the Bidder to induce any other person, partnership, or corporation to submit or not to submit a Bid for the purpose of restricting competition. Type of Business The undersigned hereby represents that it is a (corporation, partnership, an individual or limited liability company). If a corporation, the undersigned further represents that it is duly qualified as a corporation under the Laws of the State of North Carolina and it is authorized to do business in this State. Firm Name Date Authorized Signature Annual Street Resurfacing Project Title Name of Project Address of Firm ANNUAL RESURFACING 274-TFS-1-21 BD-6 BID BOND FORM NORTH CAROLINA BID BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE as PRINCIPAL, and as SURETY, who is duly licensed to act as corporate surety in North Carolina, are held and firmly bound unto the City of Raleigh, North Carolina, a municipal corporation, as Obligee, in the penal sum Dollars, as 5% Bid Bond, lawful money of the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed and dated this _____ day of ____________, 20__. The condition of this obligation is such, that whereas, the said Principal is herewith submitting the attached proposal for the Annual Street Resurfacing Project and the Principal desires to file this bid bond in lieu of making the cash deposit as required by G.S. 143-129, as amended. NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION is such, that if the Principal shall be awarded the Contract for which the bid is submitted and shall execute the Contract and give bonds for the faithful performance thereof, and the payment of all sums due for labor and materials, within ten days after the award of same to the Principal, then this obligation shall be null and void; but if the Principal fails to so execute such Contract and give bonds as required by G.S. 143-29, as amended, the Surety shall, upon demand, forthwith pay to the Obligee the amount set forth in the first paragraph hereof. Power of Attorney from the Surety to its Attorney-in-Fact is attached hereto. IN WITNESS WHEREOF, the above bound parties have executed this instrument under their several seals on the date indicated above, the name and corporate seal of each corporate party being hereto affixed, and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Name of Principal (IF APPLICABLE) By: Indicate Capacity ATTEST: By: (Indicate Capacity) (AFFIX CORPORATE SEAL IF APPLICABLE) Name of Corporate Surety By: (ATTACH POWER OF ATTORNEY) Attorney-in-Fact ANNUAL RESURFACING 274-TFS-1-21 BD-7 INSTRUCTIONS TO CONTRACTORS AND REQUIREMENTS AS TO FORM FOR CITY OF RALEIGH CONTRACTS DO NOT REMOVE FROM CONTRACT Please observe the following in executing the attached Contract: 1. The City may contract with various categories of legal entities; and the legal requirements for proper execution (signing, witnessing, etc.) differ as to each. (A) If the Contract is with an individual, that individual should sign the agreement exactly as his name is set out. (B) Execution on behalf of a corporation, authorized corporate officer must sign, with 2nd officer signing to attest (which is 2nd officers verification of authority and signature authenticity), plus corporate seal affixed. The following are corporate officers allowed to sign for the corporation: president; vice-president; chairman; CEO; CFO; and Treasurer. The following officers are typically authorized to attest: secretary; vice president, trust officer; clerk to board; cashier (only for banks); and their assistants or deputies. A sole corporate officer may sign, accompanied with a notarys acknowledgement, using the corporate acknowledgement form. (C) If the agreement is with a partnership (General Partnership or Limited Partnership), a general partner must sign, and his/her/its signature must be notarized. (D) LLC Manager or managing member must sign with proper notary acknowledgement. 2. After signing the Contract, the appropriate notarys acknowledgement, either in the corporate form or individual/partnership form should be completed. 3. The Performance and Payment Bonds should be attached to the Contract package. Bonds are required by law on construction and repair contracts subject to formal bidding requirements (N.C.G.S. 143-129 et seq. -- $300,000.00 for construction). They should be signed by the contractor, and his signature should be acknowledged with the appropriate acknowledgement form. Next, the bonds, in approved form, must be signed by the authorized agent of the Surety Company issuing the bonds, and an executed Power of Attorney document authorizing the agent to sign must accompany the bond documents. Bonds should not be dated. Bonds will be dated on or after the Contract date by the City. 4. The instrument should not be dated, except by the last person executing the Contract, normally the City Clerk. 5. Non-discrimination provisions should be included with the Contract, as should applicable Certificates of Insurance with proper and timely coverage indicated. 6. All modifications or deletions should be initialed or signed by representatives of both the Contractor and the City. 7. Three (3) original copies of the Contract are sent to the Contractor for execution. These three originals should be signed and returned to the City of Raleigh for final execution, after which one (1) copy will be returned to the Contractor. 8. The minority business firm listing is to be completed and submitted as part of the Contract. Additional pages may be added as needed. All backup information related to solicitation of minority participation shall be copied and submitted with the Contract. ANNUAL RESURFACING 274-TFS-1-21 BD-8 NORTH CAROLINA WAKE COUNTY THIS CONTRACT (the Contract) is entered into by and between ___________________________________, hereinafter referred to as the Contractor, and the City of Raleigh, a North Carolina municipal corporation, hereinafter referred to as the City or the Owner for the project entitled: Annual Street Resurfacing Project. And for the not to exceed total Contract Amount of: _______________________________________________, unless changed by a duly authorized amendment of change order. WITNESSETH: WHEREAS, the City desires to procure a contractor to perform services; and WHEREAS, the City has completed necessary steps for retention of construction/repair services under State law and applicable City policies; and WHEREAS, the City has agreed to engage the Contractor, and the Contractor has agreed to contract with the City, for performance of services as described, and according to the further terms and conditions, set forth herein. NOW, THEREFORE, in consideration of sums to be paid to the Contractor, and other good and valuable consideration, the Contractor and City do contract and agree as follows: 1. DESCRIPTION OF WORK The Contractor, at his (its) own proper cost and expense and with skill and diligence, shall furnish all labor, tools, materials and equipment and do all things necessary for the proper construction and completion ready for use of the following improvements: A. Resurfacing of approximately 15.6 centerline miles of city streets consisting of approximately 28,850 tons of Superpave Asphalt, 312 manhole adjustments and 432 water valve box adjustments. B. Installation of approximately 360 sidewalk access ramps. C. Approximately 249,102 square yards of asphalt milling. D. Installation of approximately 20,180 tons of Intermediate Course Asphalt for pavement patching. E. Furnishing and placement of thermoplastic pavement markings. F. Furnishing and installation of inductive detection signal loops. G. Removal and construction of speed humps. In strict accordance with and as shown in the specifications, schedules, drawings and other documents set forth herein or incorporated by reference as follows: NCDOT Standard Specifications for Roads and Structures (Latest Edition), NCDOT Standard Drawings, City of Raleigh Public Utilities Handbook, City of Raleigh Standard Details, Guidelines for Land Disturbing Activities, and ACI Specifications. In case of conflict between this Contract and any of the incorporated attachments or references, the terms of this Contract shall prevail. ANNUAL RESURFACING 274-TFS-1-21 BD-9 The Contractor shall further perform in accordance with the directions (not inconsistent therewith) given from time to time during the construction by the Transportation Director or such other official, employee, or other agent of the City as the City may designate. 2. GENERAL OBLIGATIONS OF THE CONTRACTOR The Contractor will accept the prices specified in this Contract in full compensation and satisfaction for the performance of this Contract and as consideration of this Contract. The Contractor shall be responsible for all loss and damages of every kind and nature which may arise out of or on account of the performance of the work required by this Contract, and for all risks of every description connected with the said work; and the Contractor shall be responsible for well and faithfully completing the whole work according to the applicable plans and specifications and the terms and conditions of this Contract. 3. TIME OF COMMENCEMENT AND COMPLETION The work required by this Contract shall be commenced by the Contractor not later than 10 days after the date of the Contract Notice to Proceed and the entire work shall be completed not later than October 15, 2021. Failure to complete the work by October 15, 2021 will result in damages due to public inconvenience, obstruction and delay to traffic, safety, and other considerations. For each consecutive calendar day in excess of the Contract time specified above, the Contractor shall have withheld monies due it, a sum of $1,000.00 per calendar day. If applicable, liquidated damages will be deducted/adjusted on a monthly basis at the time of the partial payment request, based on the Contractors progress in comparison with the approved progress schedule. In the event the Contractor does not complete the Contract within the October 15, 2021 deadline, including any extensions of time for excusable delays as noted in Article 17 of the General Conditions portion of the Contract Documents, the Contractor shall have withheld monies due it based on the above noted procedure. Further, the Contractor shall have withheld monies due it a sum of $1,000.00 for each consecutive calendar day of delay, until the Contract is completed. 4. WORKMANSHIP AND QUALITY OF SERVICES/WARRANTIES All work under this Contract shall be done and performed to the satisfaction of the Transportation Director of the City of Raleigh, or of such other official, employee, or agent of the City of Raleigh as may be designated by the City, and such official, employee or agent designated by the City shall in all cases of dispute determine the quantity, quality, acceptability and fitness of the work and materials and of several portions thereof which are to be paid for under this Contract and shall decide and determine all questions which may arise as to the measurements, lines, levels and dimensions of the work and all questions respecting the true construction, interpretation or meaning of the plans and specifications. In case of dispute between the Contractor and the said official, employee, or agent of the City, the decision and determination of the latter shall be taken and shall be final and conclusive. The Contractor, in executing this Contract, warrants that he will be responsible for the maintenance or correction of any work completed under this Contract that may become defective due to faulty workmanship or materials for a period of one (1) year after final acceptance of the work performed. It is understood and agreed by the parties hereto that work done under this Contract shall be subject to all ordinances of the City of Raleigh relating to work done in the public streets or other public property of the City. Particularly reference is made to the provisions of Part 11, Chapter 2, Article L and Part 11, Chapter 6 of the Raleigh City Code. 5. COMPENSATION In consideration of the performance of this Contract and the full completion of the work required of the Contractor by the terms and conditions of the Contract, the City agrees to pay to the Contractor the unit prices in the Contract based on the following: Partial payments will be made to the Contractor by the City NET thirty (30) days after presentation of a true and accurate payment application to the City as certified by the Project Engineer or agent of the City of Raleigh. All invoices must include the following Purchase Order Number _______________. Final estimate of the amount due to the Contractor will be made within thirty (30) days after ANNUAL RESURFACING 274-TFS-1-21 BD-10 the certified completion and final acceptance of all the work required by the Contract less retainage per Section 6. Payment to the Contractor by the City of the amounts so determined to be due, in accordance with this Contract, shall relieve the City from all claims for work done and materials and equipment furnished under this Contract. It is further mutually agreed between the parties that no estimate or partial payment made under this Contract shall be conclusive evidence of the performance of this Contract, either wholly or in part, and that no such payment shall be construed to be an acceptance of defective work or improper materials. 6. RETAINAGE To ensure proper performance of the Contract, the City may retain five percent (5%) of the amount of each approved partial or periodic payment application until the project work is fifty percent (50%) complete, provided that the Contractor continues to perform satisfactorily and any non-conforming work identified in writing prior to that date has been corrected by the Contractor and accepted by the Project Engineer. If the City determines the Contractors performance is unsatisfactory, the City may reinstate retainage in the amount of five percent (5%) for each subsequent partial or periodic payment application until the Contractors performance becomes satisfactory. The project shall be deemed fifty percent (50%) complete when the contractors gross project invoices, excluding the value of materials stored off-site, equal or exceed fifty percent (50%) of the value of the contract, except the value of materials stored on-site shall not exceed twenty percent (20%) of the contractors gross project invoices for the purpose of determining whether the project is fifty percent (50%) complete. Following fifty percent completion of the project, the City may also withhold additional retainage from any subsequent periodic payment, not to exceed five percent (5%), in order to allow the City to retain two and on-half (2 %) total retainage through the completion of the project. Within sixty (60) days after the submission of a pay request, the City with written consent of the surety shall release to the Contractor all retainage on payments held by the City if (1) the City receives a certificate of substantial completion from the architect, engineer, or designer in charge of the project; or (2) the City receives beneficial occupancy of use of the project. However, the City may retain sufficient funds to secure completion of the project or corrections on any work. If the City retains funds, the amount retained shall not exceed two and one-half (2 ) times the estimated value of the work to be completed or corrected. Any reduction in the amount of the retainage on payments shall be with the consent of the contractors surety. Retainer provisions contained in Contractors subcontracts may not exceed the terms and conditions for the retainage provided herein. Contractors are further required to satisfy the retainage provisions of N.C.G.S. 143- 134-1(b2) with regard to subcontracts for early finishing trades (structural steel, piling, caisson, and demolition) and to coordinate the release of retainage for such trades from the retainage held by the City from the Contractor pursuant to statute. Nothing shall prevent the City from withholding payment to the Contractor in addition to the amounts identified herein for unsatisfactory job progress, defective construction not remedied, disputed work, or third-party claims filed against the City or reasonable evidence that a third-party claim will be filed. 7. NOTICES All notices, requests for payment, or other communications arising hereunder shall be sent to the following: City of Raleigh Contractor Attn: Benjamin R. Griffin Telephone: 919-996-6903 3228 Spottswood St Raleigh, NC 27615 8. NONDISCRIMINATION To the extent permitted by North Carolina law, the parties hereto for themselves, their agents, officials, employees and servants agree not to discriminate in any manner on the basis of race, color, creed, national origin, sex, age, handicap, or sexual orientation with reference to the subject matter of this Contract. The parties further agree, to ANNUAL RESURFACING 274-TFS-1-21 BD-11 the extent permitted by North Carolina law, to conform with the provisions and intent of City of Raleigh Ordinance 1969-889, as amended. This provision is hereby incorporated into this Contract for the benefit of the City of Raleigh and its residents, and may be enforced by action for specific performance, injunctive relief, or other remedy as provided by law. This provision shall be binding on the successors and assigns of the parties with reference to the subject matter of this Contract. 9. MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES (MWBE) The City of Raleigh prohibits discrimination in any manner on the basis of race, color, creed, national origin, sex, age or handicap or sexual orientation and will pursue an affirmative policy of fostering, promoting and conducting business with women and minority owned business enterprises. The City of Raleigh has adopted a goal of 15% for participation by small disadvantaged minority and women-owned businesses in order to reach the above stated goal. The percentage of MWBE business participation engaged in this contract based on total contract amount is proposed to be _____%. Any variation from this amount is to be immediately conveyed to the City by written notice, Attention: MWBE Program Manager, PO Box 590 Raleigh, NC 27602, with a copy to the City of Raleigh contact listed in the Notices section of this Contract. If this is a building project, documentation of good faith efforts to meet this goal is required. If this is a building project over $300,000, this documentation must include the applicable MWBE affidavits. If there are any questions, contact the MWBE Program Manager, PO Box 590 Raleigh, NC 27602, mwbe@raleighnc.gov, or 919- 996-4330. 10. ASSIGNMENT This Contract may not be assigned without the express written consent of the City. 11. APPLICABLE LAW All matters relating to this Contract shall be governed by the laws of the State of North Carolina, without regard to its choice of law provisions, and venue for any action relating to this Contract shall be Wake County Civil Superior Court or the United States District Court for the Eastern District of North Carolina, Western Division. 12. INSURANCE Contractor agrees to purchase at its own expense insurance coverages to satisfy the following minimum requirements. A certificate reflecting the following minimum coverages shall accompany this Contract: Workers Compensation Insurance: Limits: Workers Compensation: Statutory for the State of North Carolina Employers Liability: Bodily Injury by Accident $1,000,000 each accident Bodily Injury by Disease: $1,000,000 policy limit Bodily Injury by Disease: $1,000,000 each employee Commercial General Liability: Limits: Each Occurrence: $1,000,000 Personal and Advertising Injury: $1,000,000 General Aggregate Limit: $2,000,000 Products and Completed Operations Aggregate: $2,000,000 The aggregate limit must apply per project. The form of coverage must be the ISO CG 00 01 policy approved by the State of North Carolina Department of Insurance. If a form of coverage other than the CG 00 01 is used it must be approved by the City of Raleigh Risk Manager. Any endorsed exclusions or limitations from the standard policy must be clearly stated in writing and attached to the Certificate of ANNUAL RESURFACING 274-TFS-1-21 BD-12 Insurance. Completed Operations coverage must be maintained for the period of the applicable statute of limitations. The City of Raleigh must be added as an Additional Insured to the Commercial General Liability policy. Commercial Automobile Liability: Limits: $1,000,000 combined single limit The City of Raleigh must be added as an Additional Insured on the Commercial Auto Liability policy. Additional Insured Contractor agrees to endorse the City as an Additional Insured on the Commercial General Liability, Auto Liability and Umbrella Liability if being used to meet the standard of the General Liability and Automobile Liability. The Additional Insured shall read City of Raleigh is named additional insured as their interest may appear. The Certificate Holder address should read: City of Raleigh Post Office Box 590 Raleigh, NC 27602-0590 Builders Risk Coverage: (Not required for Street Resurfacing Project) Limits: Minimum limit in the amount of total bid price. The Builder Risk policy must be endorsed to increase the limit of insurance for all change orders. Policy Form: Builder Risk coverage must be on a direct physical loss basis and contain no exclusion for theft, collapse or damage to foundations or underground structures, pipes or conduits. Named Insured: The Named Insured shall be the City of Raleigh, the Contractor and all subcontractors with a contractual assumption of responsibility for damage to the project. All insurance companies must be admitted to do business in North Carolina and be acceptable to the City of Raleighs Risk Manager. If the insurance company(s) is a permitted surplus lines insurer, the insurance company name, and NAIC number must be submitted to the Raleigh Risk Manager for approval before commencing work. Contractor shall be required to provide the City no less than thirty (30) days notice of cancellation, or any material change, to any insurance coverage required by this Contract. A Certificate of Insurance (COI) must be issued by an authorized representative of the insurance carrier(s). Certificates of Insurance must have the Insurance Company name and NAIC number clearly identified. The acceptance of or the review of Certificates of Insurance by the City of Raleigh does not relieve the Contractor of any requirements in the Contract to provide specific insurance coverage required by the Contract, nor does the acceptance of or review of Certificates of Insurance covenant all insurance requirements have been met. 13. SURETY BONDS If Surety Bonds are required by the City for this project, the Contractor shall have furnished and attached hereto a Performance Bond and a Payment Bond each in the penal sum of the full Contract amount covering the faithful performance of this Contract and the payment of all obligations arising hereunder, in such form and content as the City may prescribe and with surety approved by the City. Should any surety upon the bond for the performance ANNUAL RESURFACING 274-TFS-1-21 BD-13 of this Contract become unacceptable to the City, the Contractor must promptly furnish additional security as may be required from time to time by the City to protect the interests of the City and of persons, firms and corporations supplying labor or materials in the performance of the work contemplated by the Contract. 14. INDEMNITY A. To the fullest extent allowed by law, Contractor shall indemnify, defend, and hold harmless the City, its officers, officials, employees, agents, or indemnities (collectively called Indemnified Parties) from and against those Losses, liabilities, damages, and costs proximately caused by, arising out of, or resulting from the sole negligence of the Contractor, the Contractors agents, or the Contractors employees. B. In matters other than those covered by subsection 14.A. above, and to the fullest extent allowed by law, Contractor shall indemnify, defend, and hold harmless the Indemnified Parties from and against those Losses, liabilities, damages, and costs caused by, arising out of, resulting from, or in connection with the execution of the work provided for in this Agreement when the Fault of the Contractor or its Derivative Parties is a proximate cause of the Loss, liability, damage, or expense indemnified. C. Costs and expenses shall include attorneys fees, litigation or arbitration expenses, or court costs actually incurred by the Indemnified Parties to defend against third-party claims alleged in any court, tribunal, or alternative dispute resolution procedure required of any of the Indemnified Parties by law or by contract, only if the Fault of the Contractor or its Derivative Parties is a proximate cause of the attorneys fees, litigation or arbitration expenses, or court costs to be indemnified. D. The Contractors duty to indemnify, defend, and hold harmless described hereinabove shall survive the termination or expiration of this Contract. E. Definitions: 1. For the purposes of this Section 14, the term Fault shall mean any breach of contract; negligent, reckless, or intentional act or omission constituting a tort under applicable statutes or common law; or violation of applicable statutes or regulations. 2. For the purposes of this Section 14, the term Loss or Losses shall include, but not be limited to, fines, penalties, and/or judgments issued or levied by any local, state, or federal governmental entity. 3. For the purposes of this Section 14, the term Derivative Parties shall mean any of the Contractors subcontractors, agents, employees, or other persons or entities for which the Contractor may be liable or responsible as a result of any statutory, tort, or contractual duty. 15. FORCE MAJEURE Except as otherwise provided in any environmental laws, rules, regulations or ordinances applicable to the parties and the services performed under this Contract, neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by an act of war, hostile foreign actions, nuclear explosion, earthquake, hurricane, tornado, or other catastrophic natural event or act of God. Either party to the Contract must take reasonable measures and implement reasonable protections when a weather event otherwise defined as a force majeure event is forecast to be eligible to be excused from the performance otherwise required under this Contract by this provision. 16. ADVERTISING The Contractor shall not use the existence of this Contract, or the name of the City of Raleigh, as part of any advertising without prior written approval of the City. ANNUAL RESURFACING 274-TFS-1-21 BD-14 17. TERMINATION If the Contractor fails to perform the work described herein by the time allowances provided in Section 3, or fails to provide adequate staff and resources required to properly execute said work in a workmanlike and safe manner, the City of Raleigh can declare the Contractor in Default. If the Contractor fails to complete the work in the provided project duration as stated in Section 3 of this Contract, or fails to meet periodic schedules describing work sequence, or fails to comply with all appropriate local, federal, or state laws, rules and regulations, then the City may, without prejudice to any other right or remedy and after giving the Contractor and his surety a maximum of seven (7) days from delivery of a written notice, declare the Contract in default, take possession of the project and of all equipment, tools, materials thereon owned by the Contractor and call upon the surety or appropriate legal recourse to finish the work by whatever method deemed expedient. 18. LAWS/SAFETY STANDARDS The Contractor shall comply with all laws, ordinances, codes, rules, regulations, safety standards and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and/or authority. 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 inspector which customarily requires the label or re-examination listing or identification marking of the appropriate safety standard organization, such as the American Society of Mechanical Electrical 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(s) of devices offered and furnished. Further, all items furnished by the Contractor shall meet all requirements of the Occupational Safety and Health Act (OSHA), and state and federal requirements relating to clean air and water pollution. Contractor must comply with North Carolina Occupational Safety and Health Standards for General Industry 13 NCAC 07F (29CFR 1910). In addition, Contractor shall comply with all applicable occupational health and safety and environmental rules and regulations. Contractor shall effectively manage their safety and health responsibilities including: A. Accident Prevention Prevent injuries and illnesses to their employees and others on or near their job site. Contractor managers and supervisors shall ensure personnel safety by strict adherence to established safety rules and procedures. B. Environmental Protection Protect the environment on, near, and around their work site by compliance with all applicable environmental regulations. C. Employee Education and Training Provide education and training to all contractors employees before they are exposed to potential workplace or other hazards as required by specific OSHA Standards. 19. APPLICABILITY OF NORTH CAROLINA PUBLIC RECORDS LAW Notwithstanding any other provisions of this Contract, this Contract and all materials submitted to the City by the Contractor are subject to the public records laws of the State of North Carolina and it is the responsibility of the Contractor to properly designate materials that may be protected from disclosure as trade secrets under North Carolina law as such and in the form required by law prior to the submission of such materials to the City. Contractor understands and agrees that the City may take any and all actions necessary to comply with federal, state, and local laws and/or judicial orders and such actions will not constitute a breach of the terms of this ANNUAL RESURFACING 274-TFS-1-21 BD-15 Contract. To the extent that any other provisions of this Contract conflict with this section, the provisions of this section shall control. 20. MISCELLANEOUS The Contractor shall be responsible for the proper custody and care of any property furnished or purchased by the City for use in connection with the performance of this Contract, and will reimburse the City for the replacement value of its loss or damage. The Contractor shall keep the job 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 City. Before final inspection and acceptance of the project, the Contractor shall thoroughly clean the job sites, and completely prepare the project and site for use by the City. The Contractor shall be considered to be an Independent Contractor and as such shall be wholly responsible for the work to be performed and for the supervision of its employees. Nothing herein is intended or will be construed to establish any agency, partnership, or joint venture. Contractor represents that it has, or will secure at its own expense, all personnel required in performing the services under this Contract. Such employees shall not be employees of or have any individual contractual relationship with the City. This Contract may be amended only by written agreement of the parties executed by their authorized representatives. 21. RIGHT OF AUDIT AND EXAMINATION OF RECORDS a. The City may conduct an audit of any services performed and fees paid subject to this Contract. The City, or its designee, may perform such an audit throughout the contract period and for three (3) years after termination thereof or longer if otherwise required by law. b. The Contractor and its agents shall maintain all books, documents, papers, accounting records, contract records and such other evidence as may be appropriate to substantiate costs incurred under this Contract. The City, or its designee, shall have the right to, including but not limited to: review and copy records; interview current and former employees; conduct such other investigation to verify compliance with Contract terms; and conduct such other investigation to substantiate costs incurred by this Contract. c. Records shall be defined as data of every kind and character, including but not limited to books, documents, papers, accounting records, contract documents, information, and materials that, in the City's sole discretion, relate to matters, rights, duties or obligations of this Contract. d. Records and employees shall be available during normal business hours upon advanced written notice. Electronic mail shall constitute written notice for purposes of this section. e. Contractor shall provide the City or its designee reasonable access to facilities and adequate and appropriate workspace for the conduct of audits. f. The rights established under this section shall survive the termination of the Contract, and shall not be deleted, circumvented, limited, confined, or restricted by contract or any other section, clause, addendum, attachment, or the subsequent amendment of this Contract. g. The Contractor shall reimburse the City for any overcharges identified by the audit within ninety (90) days of written notice of the Citys findings. ANNUAL RESURFACING 274-TFS-1-21 BD-16 h. If an audit discloses overpricing or overcharges by the Contractor or Subcontractor in excess of one percent (1%) of the total contract billings, the Contractor shall reimburse the City for the cost of the audit. i. Contractor shall ensure that all contracts with any subcontractors provide the City with an equivalent right to audit as contained herein. j. Contractor shall, upon request, provide any records associated with this engagement to the North Carolina State Auditor that are necessary to comply with the provisions of G.S. 147-64.7. 22. NOTICE TO CONTRACTOR REGARDING INTRUSIONS BEYOND PROJECT LIMITS The Contractor and Owner (City) hereby acknowledge that the public street rights-of-way comprise the sole areas where the Contractor is allowed to work on the Project, or to use for mobilization, access, staging, storage, and other purposes associated with the Project. ANY OCCUPANCY OF OR INTRUSIONS ONTO PRIVATE PROPERTY OUTSIDE SUCH RIGHTS- OF-WAY OWNED OR CONTROLLED BY THE CITY WILL CONSTITUTE A TRESPASS UPON PRIVATE PROPERTY, AND WILL LIKELY INVOLVE SERIOUS LEGAL CONSEQUENCES FOR THE CITY OF RALEIGH. Accordingly, the Contractor will be solely responsible for such actions, and hereby agrees to hold harmless and indemnify the City from all actions, claims, liabilities, and costs, including the payment of attorney's fees, arising from such actions. The Contractor further acknowledges that the City may deduct or set-off from payments otherwise due the Contractor under the Contract sums reasonably estimated to represent the Citys liabilities or costs resulting from such trespass, occupancy or intrusions onto private property. The only exception to the above stated limitations on the Contractor's work area will be in those instances where the Contractor has independently negotiated and secured agreements for temporary work and/or access privileges from Property Owners. Such agreements must be in writing, and a copy of any such agreement shall be provided to the City in advance of any use or occupancy of private property pursuant to the agreement. The terms of these agreements should clearly express to the Property Owner that the Contractor is seeking such use, occupancy, or access independently from the City of Raleigh, and its Contract with the City of Raleigh, and that the Contractor will be solely responsible for activities carried out on such areas. 23. E-VERIFY Contractor shall comply with E-Verify, the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law and as in accordance with N.C.G.S. 64-25 et seq. In addition, to the best of Contractors knowledge, any subcontractor employed by Contractor as a part of this Contract shall be in compliance with the requirements of E-Verify and N.C.G.S. 64-25 et seq. In cases of conflict between this Contract and any of the above incorporated attachments or references, the terms of this Contract shall prevail. 24. IRAN DIVESTMENT ACT CERTIFICATION Contractor certifies that, as of the date listed below, it is not on the final divestment list as created by the State Treasurer pursuant to N.C.G.S. 147-86.55, et seq. In compliance with the requirements of the Iran Divestment Act and N.C.G.S. 147-86.59, Contractor shall not utilize in performance of the Contract any subcontractor that is identified on the final divestment list. 25. COMPANIES BOYCOTTING ISRAEL DIVESTMENT ACT CERTIFICATION Contractor certifies that it has not been designated by the North Carolina State Treasurer as a company engaged in the boycott of Israel pursuant to N.C.G.S. 147-86.61. ANNUAL RESURFACING 274-TFS-1-21 BD-17 26. INCORPORATION OF DOCUMENTS/COMPLETE AGREEMENT This Contract, and any documents incorporated below, represent the entire Contract between the parties and suspend all prior oral or written statements, agreements or Contracts. Specifically incorporated into this Contract are the following attachments, or if not physically attached, are incorporated fully herein by reference: ( ) Advertisement for Proposals ( ) Contractor's Proposal ( ) Procedure for NC Sales Tax Reporting ( ) Performance Bond (w/Power-of-Attorney) ( ) Payment Bond (w/Power-of-Attorney) ( ) Certificate of Insurance (inserted behind Page ____) ( ) General Conditions ( ) Special or Supplemental Conditions ( ) Job Specifications ( ) MWBE Affidavits/Documentation ( ) Other (Describe) In case of conflict between this Contract and any of the incorporated attachments or references listed above, the terms of this Contract shall prevail. (THE REMAINDER OF THIS PAGE IS LEFT BLANK INTENTIONALLY) ANNUAL RESURFACING 274-TFS-1-21 BD-18 This CONTRACT is entered into this ______ day of , 20___. IN WITNESS WHEREOF, the Contractor has executed the foregoing with the signature(s) of its duly authorized officer(s), under seal, and the City has executed with the signature of its City Manager, attested by its (Assistant/Deputy) Clerk-Treasurer, with the official seal affixed, the day and year first above written. CONTRACTOR: CITY OF RALEIGH By: By: _________________________ _________________________ City Manager or Authorized Designee _________________________ Printed Name/Title (If corporate) ATTEST: ATTEST: By: ______________________ By: ______________________ (Deputy) Clerk-Treasurer _________________________ Printed Name/Title (Affix Seal) (Affix Seal) THIS INSTRUMENT APPROVED AS TO FORM: _________________________ City Attorney ANNUAL RESURFACING 274-TFS-1-21 BD-19 (PLEASE COMPLETE ACKNOWLEDGMENTS) (CORPORATE ACKNOWLEDGMENT) STATE OF COUNTY OF This is to certify that on the _________ day of ________________, 20__, before me personally came , with whom I am personally acquainted, who, being by me duly sworn, says that (s)he is the President and __________________________ is the Secretary of , Incorporated, the corporation described in and which executed the foregoing instrument; that (s)he knows the common seal of said corporation; that the seal affixed to the foregoing instrument is said common seal, and the name of the corporation was subscribed thereto by the said Secretary and the said corporate seal was affixed, all by order of the Board of Directors of said corporation, and that the said instrument is the act and deed of said corporation. Witness my hand and official seal this day of , 20__. Notary Public My Commission Expires: (SEAL) (CITY ACKNOWLEDGMENT) STATE OF NORTH CAROLINA COUNTY OF WAKE This is to certify that on the day of , 20__, before me personally came Gail G. Smith, with whom I am personally acquainted, who, being by me duly sworn, says that she is the City Clerk and Treasurer and Marchell Adams-David, is the City Manager of the City of Raleigh, the municipal corporation described in and which executed the foregoing; that she knows the corporate seal of said municipal corporation; that the seal affixed to the foregoing instrument is said corporate seal, and the name of the municipal corporation was subscribed thereto by the said City Clerk and Treasurer and that the said corporate seal was affixed, all by order of the governing body of said municipal corporation, and that the said instrument is the act and deed of said municipal corporation. Witness my hand and official seal this day of , 20__. Notary Public My Commission Expires: (SEAL) ANNUAL RESURFACING 274-TFS-1-21 BD-20 (INDIVIDUAL ACKNOWLEDGMENT) STATE OF COUNTY OF I, , a Notary Public do hereby certify that , personally appeared before me this day and acknowledged the due execution of the foregoing instrument. This the day of , 20__. Notary Public My Commission Expires: (SEAL) (CITY ACKNOWLEDGMENT) STATE OF NORTH CAROLINA COUNTY OF WAKE This is to certify that on the _____day of ____________, 20__, before me personally came Gail G. Smith, with whom I am personally acquainted, who, being by me duly sworn, says that she is the City Clerk and Treasurer and Marchell Adams-David, is the City Manager of the City of Raleigh, the municipal corporation described in and which executed the foregoing; that she knows the corporate seal of said municipal corporation; that the seal affixed to the foregoing instrument is said corporate seal, and the name of the municipal corporation was subscribed thereto by the said City Clerk and Treasurer and that the said corporate seal was affixed, all by order of the governing body of said municipal corporation, and that the said instrument is the act and deed of said municipal corporation. Witness my hand and official seal this day of , 20__. Notary Public My Commission Expires: (SEAL) ANNUAL RESURFACING 274-TFS-1-21 BD-21 (PARTNERSHIP ACKNOWLEDGEMENT) STATE OF COUNTY OF I, , a Notary Public do hereby certify that , general partner of , personally appeared before me this day and acknowledged the execution, with proper authorization, of the foregoing instrument, all in accordance with partnership instruments recorded in Book _____, Page _____, in the County Registry, and that the instrument is the act and deed of the partnership. This the day of ____________, 20__. Notary Public My Commission Expires: (SEAL) (CITY ACKNOWLEDGMENT) STATE OF NORTH CAROLINA COUNTY OF WAKE This is to certify that on the ______day of ____________, 20__, before me personally came Gail G. Smith, with whom I am personally acquainted, who, being by me duly sworn, says that she is the City Clerk and Treasurer and Marchell Adams-David, is the City Manager of the City of Raleigh, the municipal corporation described in and which executed the foregoing; that she knows the corporate seal of said municipal corporation; that the seal affixed to the foregoing instrument is said corporate seal, and the name of the municipal corporation was subscribed thereto by the said City Clerk and Treasurer and that the said corporate seal was affixed, all by order of the governing body of said municipal corporation, and that the said instrument is the act and deed of said municipal corporation. Witness my hand and official seal this _____ day of ____________, 20__. Notary Public My Commission Expires: (SEAL) ANNUAL RESURFACING 274-TFS-1-21 BD-22 (LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT) STATE OF COUNTY OF I, , a Notary Public for said State and County, do hereby certify that , Manager of , personally appeared before me this day and acknowledged the execution of the foregoing instrument, with proper authorization, on behalf of the company. This the _____ day of ____________, 20__. Notary Public My Commission Expires: (SEAL) (CITY ACKNOWLEDGMENT) STATE OF NORTH CAROLINA COUNTY OF WAKE This is to certify that on the _____ day of ____________, 20__, before me personally came Gail G. Smith, with whom I am personally acquainted, who, being by me duly sworn, says that she is the City Clerk and Treasurer and Marchell Adams-David, is the City Manager of the City of Raleigh, the municipal corporation described in and which executed the foregoing; that she knows the corporate seal of said municipal corporation; that the seal affixed to the foregoing instrument is said corporate seal, and the name of the municipal corporation was subscribed thereto by the said City Clerk and Treasurer and that the said corporate seal was affixed, all by order of the governing body of said municipal corporation, and that the said instrument is the act and deed of said municipal corporation. Witness my hand and official seal this _____ day of ____________, 20__. Notary Public My Commission Expires: (SEAL) ANNUAL RESURFACING 274-TFS-1-21 BD-23 STATE OF NORTH CAROLINA AFFIDAVIT COUNTY OF WAKE NOW COMES Affiant, first being sworn, deposes and says as follows 1. I have submitted a bid for Contract or desire to enter into a Contract with the City of Raleigh; 2. As part of my duties and responsibilities pursuant to said bid and/or Contract, I attest that I am aware of and in compliance with the requirements of E-Verify, Article 2 of Chapter 64 of the North Carolina General Statutes, to include (mark which applies): ___ After hiring an employee to work in the United States I verify the work authorization of said employee through E-Verify and retain the record of the verification of work authorization while the employee is employed and for one year thereafter; or ___ I employ less than twenty-five (25) employees in the State of North Carolina. 3. As part of my duties and responsibilities pursuant to said bid and/or Contract, I attest that to the best of my knowledge any subcontractors employed as a part of this bid and/or Contract are in compliance with the requirements of E-Verify, Article 2 of Chapter 64 of the North Carolina General Statutes, to include (mark which applies): ___ After hiring an employee to work in the United States the subcontractor verifies the work authorization of said employee through E-Verify and retain the record of the verification of work authorization while the employee is employed and for one year thereafter; or ___ Employ less than twenty-five (25) employees in the State of North Carolina. Specify subcontractor: ___________________________________________ This the day of , 20__. ____________________________________ Affiant Sworn to and subscribed before me, this the _____ day of ___________, 20__. _____________________________________ [OFFICIAL SEAL] _____________________, Notary Public My Commission Expires: _______________ ANNUAL RESURFACING 274-TFS-1-21 BD-24 INFORMATION FOR BIDDERS REGARDING COMPLIANCE WITH THE CITY OF RALEIGHS MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE (MWBE) PROGRAM Policy In accordance with North Carolina law, the City of Raleigh encourages and provides an equal opportunity for Certified Minority and Women-Owned Business Enterprises (MWBE) to participate in all aspects of the Citys contracting and procurement programs.1 The prime contractor or a first-tier subcontractor on a construction manager at risk (CMAR) project (collectively, Bidder) shall be required to identify participation of MWBE businesses in its proposal, and document how that participation will be achieved. Bidders are subject to the Citys MWBE subcontracting requirements (including good faith efforts as applicable), regardless if a Bidder is itself a Certified MWBE.2 The City has an aspirational goal of 15% of the total contract amount to be performed by MWBE businesses in contracts awarded by the City for: (i) construction and building projects of $300,000 or more; and (ii) construction and building projects of $100,000 or more that have any state funding. Definitions Certified Minority Business (MWBE) A business which: a. At least fifty-one percent (51%) is owned by one or more Minority Persons or Socially and Economically Disadvantaged Individuals; or in the case of a corporation, in which at least fifty-one percent (51%) of the stock is owned by one or more Minority Persons or Socially and Economically Disadvantaged Individuals; b. The management and daily business operations are controlled by one or more Minority Persons or Socially and Economically Disadvantaged Individuals; and c. Is certified in one of the MWBE categories as defined by the NC Department of Administration/Historically Underutilized Business (HUB) and the NC Department of Transportation/Disadvantaged Business Enterprise (DBE). Minority Person A person who is a citizen or lawful permanent resident of the United States and who is: a. Black, that is, a person having origins in any of the black racial groups in Africa; b. Hispanic, that is, a person of Spanish or Portuguese culture with origins in Mexico, South or Central America, or the Caribbean Islands, regardless of race; c. Asian American, that is, a person having origins in any of the original peoples of the Far East, Southeast Asia, Asia, the Indian subcontinent, or the Pacific Islands; d. American Indian, that is, a person having origins in any of the original peoples of North America; or e. Non-minority Female. Socially and Economically Disadvantaged Individual Socially disadvantaged individuals are those who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities. Economically disadvantaged individuals are those socially disadvantaged individuals whose ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities as compared to others in the same business area who are not socially disadvantaged.3 1 See, N.C.G.S. 143-128.2, 143-128.4, 143-129, and 143-131. 2 See, City of Raleigh SOP 505-2. 3 See, 15 U.S.C. 637. ANNUAL RESURFACING 274-TFS-1-21 BD-25 Bidder Responsibilities Bidders agree to comply with all the terms and conditions of the City of Raleighs Minority and Women-Owned Business Enterprise (MWBE) Program. Bidders must use good faith efforts (if applicable) to meet participation goals through the award of subcontracts to certified MWBE businesses consistent with City policy and North Carolina law. Pre-Bid Opening The Citys Solicitation Documents include forms that: (a) capture information about MWBEs and any other subcontractors or suppliers that a Bidder intends to use on a contract (Identification of MWBE Participation) and (b) affidavits to be completed by the Bidder. Identification of MWBE Participation The Identification of MWBE Participation must be completed by the Bidder on the Citys form and submitted with its bid. If the project work is to be self-performed by the Bidder, the Bidder must so designate by checking the appropriate box on the form. For all Bidders which will not be self-performing the project work, the Identification of MWBE Participation form must be completed in its entirety. The Bidder must list on the Citys form all MWBE businesses which will be construction subcontractors, vendors, or suppliers (collectively, Subcontractors) on the project, and the total dollar value of its bid that will be performed by MWBEs. The failure to complete the Identification of MWBE Participation form in its entirety, or the failure to submit a completed Identification of MWBE Participation form with its bid, will render the bid non-responsive and the Bidders bid will not be considered for award. The City will only credit MWBE participation for those Subcontractors listed on the Identification of MWBE Participation form. Affidavit A: Listing of Good Faith Efforts If the Bidder intends to subcontract any portion of the project work on a contract, an Affidavit A must be properly executed and submitted with its bid, listing the good faith efforts the Bidder made to achieve MWBE subcontracting goals for the contract prior to submitting its bid. The Affidavit A must be completed using the Citys form. A minimum of fifty (50) good faith efforts points is required, the failure to achieve at least 50 points is grounds for rejection of a bid. Affidavit B: Intent to Perform Contract with Own Workforce In lieu of an Affidavit A, a Bidder that intends to perform 100% of the project work on a contract with its own current workforce may submit an Affidavit B with its bid. In submitting an Affidavit B, a Bidder certifies that the Bidder does not customarily subcontract elements of this type of project, and normally performs, has the capability to perform, and will perform all elements of the project work on the contract with its own current workforce. The Affidavit B must be completed using the Citys form. The failure to submit a properly executed Affidavit A or Affidavit B with a bid will render the bid non- responsive and the bid will not be considered for award. Bid Opening At the project bid opening, the total MWBE participation for each bid will be recorded. Upon being named the apparent low bidder, the Bidder must comply with the following: a. If the Bidder submitted an Affidavit B with its bid indicating its intent to perform 100% of the project work on the contract with its own current workforce, then the Bidder is not required to resubmit its Affidavit B or to submit any additional affidavits (i.e., Affidavit C or Affidavit D). The City, in its discretion, may request that the Bidder submit additional information or documentation, including, but not limited to, information relating to the Bidders subcontracting history and its ability to perform all elements of the project work on the contract with its own current workforce. ANNUAL RESURFACING 274-TFS-1-21 BD-26 b. If the Bidder submitted an Affidavit A with its bid and the amount of MWBE participation as a percentage of the total contract price meets or exceeds the applicable goal, then the Bidder must submit to the City an Affidavit C within three (3) business days after being notified by City Staff that it is the apparent low bidder. The Bidder must complete the Affidavit C in its entirety using the Citys form. c. If the Bidder submitted an Affidavit A with its bid and the amount of MWBE participation as a percentage of the total contract price does not meet the applicable goal, then the Bidder must submit an Affidavit D to the City within three (3) business days after being notified by City Staff that it is the apparent low bidder. The Bidder must complete Affidavit D in its entirety on the Citys form. In conjunction with the Affidavit D, the Bidder must include supplemental documentation of the good faith efforts made to meet the applicable goal. The City, in its discretion, may request that the Bidder submit additional information or documentation, including, but not limited to, information or documentation relating to any good faith efforts claimed by the Bidder, and completion of the Citys Good Faith Negotiation Form and Solicitation Form. Good faith efforts can be demonstrated using, among other factors, the following: i. Attending pre-solicitation or pre-bid meetings that are scheduled by the City to inform MWBE firms of contracting, subcontracting, and supply opportunities. ii. Advertising in general circulation, trade association, or minority-focus media concerning subcontracting opportunities. iii. Providing written notice, to a reasonable number of specific MWBE firms that their interest in the contract is being solicited, at least 10 days before bids are due, to allow MWBE firms time to participate. iv. Following up initial solicitation of interest by contacting MWBE firms to determine with certainty whether the MWBE firms are interested. v. Identifying and selecting portions of the work to be performed by MWBE firms in order to increase the likelihood of MWBE participation (including where appropriate, breaking down contracts into economically feasible units to facilitate MWBE participation). vi. Providing interested MWBE firms with equal access to plans, specifications, and requirements of the contract. vii. Negotiating fairly with interested MWBE firms, not rejecting MWBE firms as unqualified without sound reasons based on a thorough investigation of their capabilities. viii. Using the services of the Citys MWBE office; available minority community organizations; minority contractors' groups; local, state, and federal minority business offices; and other organizations that provide assistance in the recruitment and placement of MWBE firms. ix. Assisting interested MWBE firms in need of equipment, loan capital, lines of credit or joint pay agreements to secure loans, supplies or letters of credit, including waiving credit that is ordinarily required. x. Assisting interested MWBE firms in obtaining bonding, insurance, or providing alternatives to bonding or insurance for Subcontractors. xi. Negotiating joint venture and partnership arrangements with minority businesses to increase the opportunities for minority participation when possible. xii. Provide for quick pay agreements and policies to enable minority contractors and suppliers to meet cash flow demands. For each unmet MWBE participation goal, for which an Affidavit D is submitted, a Bidder must earn at least fifty (50) good faith efforts points. The failure to achieve at least fifty (50) points is grounds for rejection of a bid. All ANNUAL RESURFACING 274-TFS-1-21 BD-27 actions necessary to earn good faith efforts points must occur prior to bid opening. In determining whether a Bidder has made good faith efforts, the City will evaluate the efforts made by the Bidder and will determine compliance with regard to quantity, intensity, and results of these efforts prior to recommendation of award. Post-Award Payment For purposes of this section the word Contractor means both the prime contractor and the CMAR for CMAR projects. The Contractor must submit a completed Payment Affidavit - Subcontractor / Supplier Utilization Form with each payment application, including periodic payments and final payment. Payment applications will not be processed by the City until a completed Payment Affidavit Subcontractor/ Supplier Utilization Form is submitted. Within seven (7) days of receipt by the Contractor of a periodic or final payment from the City, the Contractor must pay each first-tier Subcontractor based on work completed or services provided under each subcontract. If the Contractor has made a quick pay commitment with any MWBE Subcontractor, they must comply with the provisions of their quick pay commitment. Changing a Certified MWBE Subcontractor If the situation arises that it becomes necessary to terminate, replace, or reduce the work of a MWBE Subcontractor counted toward a committed MWBE subcontracting goal, the Contractor must submit a completed Request to Change MWBE Subcontractor form to the applicable department project manager and the Citys MWBE Program Manager. Any change in the work of a MWBE Subcontractor, including its termination and/or replacement, must first be approved by the City based upon good cause shown. Any further explanation or detail to the City in addition to what is identified in the Request to Change MWBE Subcontractor form must be on company letterhead. Good faith efforts shall apply to the selection of any substitute Subcontractor. ANNUAL RESURFACING 274-TFS-1-21 BD-28 NONDISCRIMINATION AGREEMENT 4/16 This agreement is made and executed this day of , 20 , by and between the undersigned. To the extent permitted by North Carolina law, the parties hereto for themselves, their agents, officials, employees and servants agree not to discriminate in any manner on the basis of race, color, creed, national origin, sex, age, handicap, or sexual orientation with reference to the subject matter of this Contract. The parties further agree, to the extent permitted by law, to conform with the provisions and intent of City of Raleigh Ordinance 1969-889, as amended. This provision is hereby incorporated into this Contract for the benefit of the City of Raleigh and its residents, and may be enforced by action for specific performance, injunctive relief, or other remedy as provided by law. This provision shall be binding on the successors and assigns of the parties with reference to the subject matter of this Contract. This agreement shall be binding on the successors and assigns of the parties with reference to the subject matter of this contract. (Use the following form for signatures by a CORPORATION): Attest: _________________________ (Assistant) Secretary ___________________________ (Corporate Name) By: _____________________________ (Vice) President (AFFIX CORPORATE SEAL) (Use the following form for signatures by an INDIVIDUAL): WITNESS: _______________________________ By: _______________________ (SEAL) ANNUAL RESURFACING 274-TFS-1-21 BD-29 USE OF CERTIFIED MWBE BUSINESSES The Citys policy is to encourage Bidders to use Certified MWBE businesses as subcontractors. A presentation of that policy is made at the pre-bid conference. All construction Bid documents include the listing of the businesses in the construction-related fields that have been certified by the City is included following the Supplementary Conditions. Formal Bid Process The City requires all Bidders to submit a list of their subcontractors with their Bid and to identify all Certified Minority & Women-Owned Businesses (MWBE). After the Bid opening, the City will attempt to verify if those listed by the low Bidder are Certified MWBE businesses and that those listed have had contact with the low Bidder relative to constructing a portion of the Project. It is understood that this information will be provided to the City Council in the agenda packet with the Bid tabulation on the Project. It is further understood that the Contract Documents include a provision that the City will be notified of any changes in subcontractors. The low Bidder will be informed of that responsibility prior to signing the Contract. I have read and understand the City of Raleighs policy as stated above. _______________________________ Signature _______________________________ Printed Name _______________________________ Title _______________________________ Date ANNUAL RESURFACING 274-TFS-1-21 BD-30 IDENTIFICATION OF CERTIFIED MWBE PARTICIPATION **SUBMIT WITH BID** I, , (Name of Bidder) I do hereby certify that on this project, we will use the following Certified MWBE businesses as construction subcontractors, vendors, suppliers or providers of professional services. Project Name: __________________________________________________________________________ Total Project Bid $ __________________ Bid Date: __________________ Business Name, Phone #, Email Work Type *MWBE CERTIFIED NCHUB/NCDOT- DBE Dollar Value % *MWBE Program Categories: American Indian (AI), Asian American (AA), Black, African American (B), Hispanic (H), Non-minority female (NMF) Socially and Economically Disadvantaged (D) Total dollar value of MWBE subs will be ($) _________ Total MWBE percentage % Minority _____ %* - Non-minority Female %* Socially and Economically Disadvantaged %* *For informational purposes only ANNUAL RESURFACING 274-TFS-1-21 BD-31 AFFIDAVIT A Listing of Good Faith Effort **SUBMIT WITH BID, if subcontracting** County of Affidavit of (Name of Bidder) I have made a good faith effort to comply under the following areas checked: (A minimum of 50 points must be obtained in order to have achieved a good faith effort) 1-Contacted Certified MWBE businesses that reasonably could have been expected to submit a quote and that were known to the contractor or available on State or local government maintained lists, at least 10 days before the bid date and notified them of the nature and scope of the work to be performed. Value= 10 points. 2-Made the construction plans, specifications and requirements available for review by prospective Certified MWBE businesses, or providing these documents to them at least 10 days before the bids are due. Value=10 points. 3-Broken down or combined elements of work into economically feasible units to facilitate Certified MWBE business participation. Value = 15 points. 4-Worked with Certified MWBE businesses trade, community, or contractor organizations identified by the MWBE Program and included in the bid documents that provide assistance in recruitment of Certified MWBE businesses. Value=10 points. 5-Attended pre-bid meetings schedule by the public owner. Value=10 points. 6-Provided assistance in getting required bonding or insurance or provided alternatives to bonding or insurance for subcontractors. Value=20 points. 7-Negotiated in good faith with interested Certified MWBE businesses and did not reject them as unqualified without sound reasons based on their capabilities. Any rejection of a Certified MWBE business based on lack of qualification should have the reasons documented inwriting. Value =15 points. 8-Provided assistance to an otherwise Certified MWBE businesses in need of equipment, loan capital, lines of credit, or joint pay agreements to secure loans, supplies, or letters of credit, including waiving credit that is ordinarily required. Assisted Certified MWBE businesses in obtaining the same unit pricing with the bidders suppliers in order to help Certified MWBE businesses in establishing credit. Value=25 points. 9-Negotiated joint venture and partnership arrangements with Certified MWBE businesses in order to increase opportunities for Certified MWBE businesses participation on a public construction or repair project when possible. Value =20 points. ANNUAL RESURFACING 274-TFS-1-21 BD-32 10-Provided quick pay agreements and policies to enable Certified MWBE business contractors and suppliers to meet cash flow demands. Value=20 points. TOTAL POINTS OBTAINED . In accordance with GS143-128.2 (d) the undersigned will enter into a formal agreement with the firms listed on the Identification of Certified MWBE Participation schedule conditional upon execution of a contract with the Owner. Failure to abide by this statutory provision will constitute a breach of the contract. The undersigned hereby certifies that he or she has read the terms of the MWBE Program commitment and is authorized to bind the bidder to the commitment herein set forth. Date: ______________________ Name of Authorized Officer: ___________________________ Signature: ______________________________________ Title: _____________________________________ State of North Carolina, County of __________________________ Subscribed and sworn to before me this day of 20 Notary Public My commission expires SEAL ANNUAL RESURFACING 274-TFS-1-21 BD-33 AFFIDAVIT B Intent to Perform Contract with Own Workforce **SUBMIT WITH BID If Self-performing, dont submit Affidavit A ** County of Affidavit of (Name of Bidder) I hereby certify that it is our intent to perform 100 % of the work required for the Contract. Total Project Bid $ Bid Date (Name of Project) In making this certification, the Bidder states that the Bidder does not customarily subcontract elements of this type project, and normally performs and has the capability to perform and will perform all elements of work on this project with his/her own current work forces; and The Bidder agrees to provide any additional information or documentation requested by the owner in support of the above statement. The undersigned hereby certifies that he or she has read this certification and is authorized to bind the Bidder to the commitments herein contained. Date: ______________________ Name of Authorized Officer: ___________________________ Signature: ______________________________________ Title: _____________________________________ State of North Carolina, County of ______________________________ Subscribed and sworn to before me this day of 20 Notary Public My commission expires SEAL ANNUAL RESURFACING 274-TFS-1-21 BD-34 AFFIDAVIT C Portion of the work to be performed by Certified MWBE Businesses **This form is to be submitted only by the apparent lowest responsible, responsive bidder** County of ________________________ Affidavit of I do hereby certify that on the (Name of Bidder) ______________________________________ Total Project Bid $ Bid Date (Project Name) Total dollar value of Certified MWBE businesses is $ for a total of % of this contract. The Certified MWBE Businesses will be employed as construction subcontractors, vendors, suppliers or providers of professional services. Such work will be subcontracted to the following firms listed below. Attach additional sheets if required. Business Name, Phone #, Email Work Type *MWBE CERTIFIED NCHUB/NCDOT- DBE Dollar Value % *Certified MWBE Business Program Categories: American Indian (AI), Asian American (AA), Black, African American (B), Hispanic (H), Non-minority female (NMF) Socially and Economically Disadvantaged (D) Pursuant to GS 143-128.2 (d), the undersigned will enter into a formal agreement with Certified MWBE Business Program Firms for work listed in this schedule conditional upon execution of a contract with the Owner. Failure to fulfill this commitment may constitute a breach of the contract. Bidder must submit the Certified Subcontractor Payment with each payment request and final payment to the Project Manager. Bidder must submit a Request to Change a Certified MWBE Subcontractor form to the Project Manager if necessary to replace/discontinue a MWBE Subcontractor. If the portion of the work to be executed by Certified MWBE Businesses as defined in GS 143-128.2 (g) is equal to or greater than 15% of the bidders total contract price, then the bidder must complete this affidavit. This affidavit shall be provided by the apparent lowest responsible, responsive bidder within 72 hours after notification of being low bidder. ANNUAL RESURFACING 274-TFS-1-21 BD-35 The undersigned hereby certifies that he or she has read the terms of this commitment and is authorized to bind the bidder to the commitment herein set forth. Date: Name of Authorized Officer: _______________________ Signature: ___________________________________ Title: ____________________________________ State of North Carolina, County of Subscribed and sworn to before me this day of 20 Notary Public my commission expires SEAL ANNUAL RESURFACING 274-TFS-1-21 BD-36 AFFIDAVIT D Good Faith Efforts **This form is to be submitted only by the apparent lowest responsible, responsive bidder with GFE Documents** County of _______________________________ Affidavit of I do hereby certify that the attached documentation is true (Name of Bidder) and accurate presentation of my good faith efforts. Total Project Bid $ Bid Date (Project Name) Total dollar value of Certified MWBE businesses is $ for a total of % of this contract. The Certified MWBE Businesses will be employed as construction subcontractors, vendors, suppliers or providers of professional services. Such work will be subcontracted to the following firms listed below. Attach additional sheets if required. (Attach additional sheets if required) Business Name, Phone #, Email Work Type *MWBE CERTIFIED NCHUB/NCDOT- DBE Dollar Value % *Certified MWBE Business Program Categories: American Indian (AI), Asian American (AA), Black, African American (B), Hispanic (H), Non-minority female (NMF) Socially and Economically Disadvantaged (D) Documentation of the Bidders Good Faith Efforts to meet the goals set forth in these provisions. Examples of documentation include, but are not limited to, the following evidence: A. Copies of solicitations for quotes to at least three (3) Certified MWBE businesses from the source list provide by the City of Raleigh for each subcontract to be let under this contract (if 3 or more firms are shown on the source list). Each solicitation shall contain a specific description of the work to be If the goal of 15% participation by Certified MWBE Businesses is not achieved, the Bidder shall provide the following documentation to the Owner of his Good Faith Efforts: ANNUAL RESURFACING 274-TFS-1-21 BD-37 subcontracted, location where bid documents can be reviewed, representative of the Prime Bidder to contract, and location, date and time when quotes must be received. B. Copies of quotes or responses received from each firm responding to the solicitation. C. A telephone log of follow-up calls to each firm sent a solicitation. D. For subcontracts where a Certified MWBE business is not considered the lowest responsible sub- bidder, copies of quotes received from all firms submitting quotes for that particular subcontract. E. Documentation of any contacts or correspondence to Certified MWBE business. Community or contractor organizations in an attempt to meet the goal. F. Copy of the pre-bid letter. G. Letter documenting efforts to provide assistance in obtaining required bonding or insurance for Certified MWBE business. H. Letter detailing reasons for rejections of Certified MWBE business due to lack of qualification. I. Letter documenting proposed assistance offered to Certified MWBE business in need of equipment, loan capital, lines of credit, or joint pay agreements to secure loans, supplies, or letter of credit, including waiving credit that is ordinarily required. Failure to provide the documentation as listed in these provisions may result in rejection of the bid and award to the next lowest responsible and responsive bidder. Bidder must submit the Certified Subcontractor Payment with each payment request and final payment to the Project Manager. Bidder must submit a Request to Change a Certified MWBE Subcontractor form to the Project Manager if necessary to replace/discontinue a MWBE Subcontractor. The undersigned hereby certifies that he or she has read the terms of this commitment and is authorized to bind the bidder to the commitment herein set forth. Date: _____________________ Name of Authorized Officer: _______________________ Signature: ___________________________________ Title: ____________________________________ State of North Carolina, County of Subscribed and sworn to before me this day of 20 Notary Public My commission expires SEAL A N N U A L R ES U R FA C IN G 27 4- TF S- 1- 21 B D -3 8 AP PE N DI X E - C ER TI FI ED S U BC O N TR AC TO R PA YM EN T FO RM ** SU BM IT W IT H EA CH P AY M EN T RE Q U ES T AN D FI N AL P AY M EN T ** C ity o f R al ei gh M W B E R ep or t F or S ub co nt ra ct or P ay m en ts Pr im e Co nt ra ct or : _ __ __ __ __ __ __ __ __ __ __ __ __ __ __ _ To ta l C on tr ac t A m ou nt : $ __ __ __ __ __ __ __ __ __ __ __ __ Ci ty o f R al ei gh C on tr ac t I D N um be r: __ __ __ __ __ __ __ __ __ __ _ Ci ty o f R al ei gh P ro je ct M an ag er N am e: _ __ __ __ __ __ __ __ __ __ To ta l M W B E Su bc on tr ac to r A m ou nt : $ __ __ __ __ __ __ To ta l M W B E __ __ __ __ _% C ity P ro je ct N am e: Pr im e C on tr ac to r's P ay A pp lic at io n N um be r: Th ru D at e: Pr oj ec t C om pl et ed D at e: Th e Pr im e Co nt ra ct or sh al l l ist b el ow a ll pa ym en ts fo r w or k co m pl et ed b y M W BE s i nc lu di ng a m ou nt s r eq ue st ed fo r t hi s p ay a pp lic at io n pe rio d. M W B E Su bc on tr ac to r N am e C on ta ct Pe rs on N am e Co nt ac t Ph on e D es cr ip tio n of W or k be in g pe rf or m ed To ta l Su bc on tr ac t am ou nt % o f t ot al co nt ra ct pe r s ub A m ou nt bi lle d Pr ev io us ly A m ou nt b ill ed th is p er io d A m ou nt Pa id to d at e % o f t ot al su bc on tr ac t am ou nt co m pl et ed M W B E PR O JE C T C O M PL ET ED D A TE To ta ls : M W B E C at eg or ie s: A m er ic an In di an (A I), A si an A m er ic an (A A ,) B la ck A fr ic an -A m er ic an (B ), H is pa ni c (H ), N on -M in or ity F em al e (N M F) , S oc ia lly a nd E co no m ic D is ad va nt ag ed (D ) D at e: __ __ __ __ __ __ __ __ __ __ __ __ __ Su bm itt ed B y: __ __ __ __ __ __ __ __ __ __ __ __ __ _ Ti tle : __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ _ Si gn at ur e: _ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ ANNUAL RESURFACING 274-TFS-1-21 BD-39 REQUEST TO CHANGE A CERTIFIED MWBE SUBCONTRACTOR Project Name: Prime Contractor: _______ Contact Name: Phone #: _____________________________ Email Address: Project Manager Name: Division: Will this request change the dollar amount of the contract? Yes No If yes, Original total contract amount $ and proposed total contract: $ The proposed request will do the following to overall MWBE participation (please check one): Increase Decrease No Change Name current MWBE subcontractor: Service provided: Proposed Action: Replace MWBE subcontractor Perform work in-house You must provide one of the following reasons (Please check applicable reason): The listed MWBE, after having had a reasonable opportunity to do so, fails or refuses to execute a written contract. The listed MWBE is bankrupt or insolvent. The listed MWBE fails or refuses to perform his/her subcontract or furnish the listed materials. The work performed by the listed subcontractor is unsatisfactory according to industry standards and is not in accordance with the plans and specifications; or the subcontractor is substantially delaying or disrupting the progress of the work. Other. Explain on company letter head. Name of replacement subcontractor: Is the subcontractor a certified MWBE? Yes No If no, please attach documentation of outreach efforts employed by the firm to utilize an MWBE. Dollar amount of amended subcontractor $ MWBE % ___________________________________ Printed Name ___________________________________ Title ___________________________________ Date Interoffice Use Only: Approval Yes No Date Signature ANNUAL RESURFACING 274-TFS-1-21 BD-40 PERFORMANCE BOND FOR CONTRACT NOW ALL MEN BY THESE PRESENTS, that we, the PRINCIPAL, hereinafter called Principal, and as SURETY, hereinafter called Surety, and the above named, are held and firmly bound unto the City of Raleigh, hereinafter called the City, in the penal sum of $ ___________________________________________DOLLARS ($______________________) the amount stated above for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal entered into a certain Contract with the City, numbered as shown above and hereto attached; NOW, THEREFORE, if the principal shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of said Contract during the original term of said Contract and any extensions thereof that may be granted by the City, with or without notice to the Surety, and during the life of any guaranty required under the Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of such modifications to the Surety being hereby waived, then this obligation to be void; otherwise it shall remain in full force and effect. IN WITNESS WHEREOF, the above-mentioned parties have executed this instrument under their several seals on the date indicated above, the name and corporate seal of each corporate party being hereto affixed, and these presents duly signed by its undersigned representative pursuant to authority of its governing body. Signed and sealed this ______ day of __________________, 20__. (To be dated by the City) (ATTACHED POWER OF ATTORNEY, IF APPLICABLE) By: ATTEST: (Indicate Capacity) PRINCIPAL Secretary (AFFIX CORPORATE SEAL IF APPLICABLE) ATTEST: By: (Indicate Capacity) SURETY ANNUAL RESURFACING 274-TFS-1-21 BD-41 STATE OF COUNTY OF Personally appeared before me the undersigned Notary Public, ___________________________, who, being first duly sworn, acknowledged the due execution of the foregoing instrument for the purpose therein stated. Witness my hand and notarial seal this the _____ day of ____________, 20__. Notary Public My Commission Expires: (SEAL) (CORPORATE ACKNOWLEDGMENT) STATE OF COUNTY OF This is to certify that on the _____ day of ____________, 20__, before me personally came , with whom I am personally acquainted, who, being by me duly sworn, says that (s)he is the President and ____________________ is the Secretary of _______________________________________________, Incorporated, the corporation described in and which executed the foregoing instrument; that (s)he knows the common seal of said corporation; that the seal affixed to the foregoing instrument is said common seal, and the name of the corporation was subscribed thereto by the said Secretary and the said corporate seal was affixed, all by order of the Board of Directors of said corporation, and that the said instrument is the act and deed of said corporation. Witness my hand and official seal this _____ day of ____________, 20__. Notary Public My Commission Expires: (SEAL) ANNUAL RESURFACING 274-TFS-1-21 BD-42 STATE OF COUNTY OF I, _________________________, a Notary Public duly commissioned and qualified to act in_________ County, State of _____________ do hereby certify that _______________________, Attorney-in-Fact for ______________________________, a corporation, personally appeared before me this day, and being by me duly sworn, says that he executed the foregoing and attached Bond, duly sworn, says that he executed the foregoing and attached Bond, dated ___________________________, , for and in behalf of _____________________________, as Surety and that his authority to execute and acknowledge said Bond is contained in an instrument duly executed, acknowledged, and recorded in the Office of Register of Deeds of _____________________________ County, State of ____________________, on the _____ day of _______________________, _____, being recorded in Book Number _____________________, Page _______, of said Registry, and that the foregoing and attached Bond was executed under and by virtue of the authority given by said instrument granting him, the said __________________________________________________, power of attorney; and that the said __________________________________, Attorney-in-Fact, acknowledged the due execution of the foregoing and annexed Bond for the purpose therein expressed for and in behalf of said ____________________________________. Witness my hand and notarial seal, this _____ day of ____________, 20__. Notary Public My Commission Expires: (SEAL) ______________________________ ANNUAL RESURFACING 274-TFS-1-21 BD-43 PAYMENT BOND FOR CONTRACT KNOW ALL MEN BY THESE PRESENTS, that we, ___________________________________ ____________________the PRINCIPAL, hereinafter called Principal, and as SURETY, hereinafter called Surety, and the above named, are held and firmly bound unto the City of Raleigh, hereinafter called the City, in the penal sum of ______________________________________________DOLLARS ($_______________) the amount stated above, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal entered into a certain Contract with the City as referenced above and hereto attached; NOW, THEREFORE, if the principal shall promptly make payment to all person supplying labor and material in the prosecution of the work provided for in said Contract, and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the surety being hereby waived, then this obligation to be void; otherwise it shall remain in full force and effect. IN WITNESS THEREOF, the above bound parties have executed this instrument under their several seals on the date indicated above, the name and corporate seal of each corporate party being hereto affixed, and these presents duly signed by its undersigned representatives pursuant to authority of this governing body. Signed and sealed this _____ day of ____________, 20__. (To be dated by the City) (ATTACH POWER OF ATTORNEY, IF APPLICABLE) By: _____________________________ ATTEST: (Indicate Capacity) PRINCIPAL ___________________________ Secretary (AFFIX CORPORATE SEAL IF APPLICABLE) _____________________________ ATTEST: By: _____________________________ (Indicate Capacity) ___________________________ SURETY ANNUAL RESURFACING 274-TFS-1-21 BD-44 STATE OF COUNTY OF Personally appeared before me to the undersigned Notary Public, ______________________ _________________________, who, being first duly sworn, acknowledged edged the due execution of the foregoing instrument for the purpose therein stated. Witness my hand and notarial seal this the _____ day of ____________, 20__. Notary Public My Commission Expires: (SEAL) (CORPORATE ACKNOWLEDGMENT) STATE OF COUNTY OF This is to certify that on the _____ day of ____________, 20__, before me personally came , with whom I am personally acquainted, who, being by me duly sworn, says that (s)he is the President and ___________________________ is the Secretary of _______________________________________________, Incorporated, the corporation described in and which executed the foregoing instrument; that (s)he knows the common seal of said corporation; that the seal affixed to the foregoing instrument is said common seal, and the name of the corporation was subscribed thereto by the said Secretary and the said corporate seal was affixed, all by order of the Board of Directors of said corporation, and that the said instrument is the act and deed of said corporation. Witness my hand and official seal this _____ day of ____________, 20__. Notary Public My Commission Expires: (SEAL) ANNUAL RESURFACING 274-TFS-1-21 BD-45 STATE OF COUNTY OF I, _________________________, a Notary Public duly commissioned and qualified to act in ___________________ County, State of ____________________________, do hereby certify that ________________________________, Attorney-in-Fact for _______________________________, a corporation, personally appeared before me this day, and being by me duly sworn, says that he executed the foregoing and attached Bond, dated __________________________, _____, for and in behalf of ____________________________, as Surety and that his authority to execute and acknowledge said Bond is contained in an instrument duly executed, acknowledged, and recorded in the Office of Register of Deeds of ______________ County, State of _____________________, on the _________ day of ______________, _____, being recorded in Book Number ________________ , Page ________, of said Registry, and that the foregoing and attached Bond was executed under and by virtue of the authority given by said instrument granting him, the said _______________________________, power of attorney; and that the said _____________