FY23 Road Resurfacing Project

Engineering Request for Proposal #: 320-010922RP FY23 Road Resurfacing Project Date of Issue: 9/8/2022 Proposal Due Date: 9/27/2022 At 04:00 P.M. ET Direct all inquiries concerning this RFP to: Ramona L. Plemmer Purchasing Manager ramona.plemmer@rockymountnc.gov 252-972-1228 Brad Kerr Director of Public Works brad.kerr@rockymountnc.gov 252-972-1120 mailto:candice.kirtz@rockymountnc.gov mailto:brad.kerr@rockymountnc.gov RFP 320-010922RP CONTRACTOR: _______________________________ Standard Form of Formal Contract and General Conditions Page 2 of 67 Contents I. ADVERTISMENT FOR BIDS ................................................................................................................. 3 II. INSTRUCTIONS TO

BIDDERS.............................................................................................................. 4 III. NCDOT STANDARD NOTES ................................................................................................................. 6 IV. GENERAL SPECIFICATIONS ............................................................................................................... 7 V. SPECIFICATIONS/SCOPE OF WORK ................................................................................................ 7 VI. THE WORK: .............................................................................................................................................. 7 VII. PROJECT SCHEDULE ........................................................................................................................... 7 VIII. URGED & CAUTIONED PRE-PROPOSAL MEETING ...................................................................... 8 IX. QUESTIONS .............................................................................................................................................. 8 X. PROPOSAL SUBMITTAL ....................................................................................................................... 8 XI. REFERENCES .......................................................................................................................................... 8 ATTACHMENT A: PROPOSAL/ACCEPTANCE FORM ......................................................................... 10 ATTACHMENT B: ACCEPTED by the City of Rocky Mount ............................................................... 14 ATTACHMENT C: G E N E R A L C O N D I T I O N S ......................................................................... 15 ATTACHMENT D: SUPPLEMENTARY GENERAL CONDITIONS ....................................................... 26 ATTACHMENT E: SUPPLEMENTAL VENDOR INFORMATION ........................................................ 38 ATTACHMENT F: PROPOSED PRODUCTS FORM .............................................................................. 39 ATTACHMENT G: MWBE FORMS ............................................................................................................. 40 ATTACHMENT H: PROJECT SPECIAL PROVISIONS .......................................................................... 41 ATTACHMENT I: PROJECT MAP .............................................................................................................. 64 ATTACHMENT J: STREET SCHEDULE ................................................................................................... 66 ATTACHMENT K: DETAIL QUANTITY SCHEDULE .............................................................................. 67 RFP 320-010922RP CONTRACTOR: _______________________________ Standard Form of Formal Contract and General Conditions Page 3 of 67 CITY OF ROCKY MOUNT STANDARD FORM OF FORMAL CONTRACT AND GENERAL CONDITIONS I. ADVERTISMENT FOR BIDS Per NCGS 143-129 sealed bids for FY 23 Road Resurfacing, CRM BID NUMBER 320-010922RP, will be received from contractors by the City of Rocky Mount, Purchasing Office (hereinafter call the “City”) in the First Floor Atrium of the Frederick E. Turnage Administrative Services Complex, 331 South Franklin Street, Rocky Mount, North Carolina 27804 until Monday 9/27/2022 4:00 p.m. at which time and place all bids received will be publicly opened and read aloud. An urged and cautioned pre-proposal meeting will be held Monday 9/12/2022 10:00 a.m. in Conference Room 1, 2nd Floor of the Frederick E. Turnage Administrative Services Complex, 331 South Franklin Street, Rocky Mount, North Carolina 27804. Proposals must be enclosed in a sealed envelope addressed to Ramona Plemmer, Purchasing Manager, City of Rocky Mount. The project name and bid number as well as the name, address and license number of the Bidder must be plainly marked on the outside of the envelope. The City of Rocky Mount is seeking 10% minority business participation on this project. The City reserves the right to reject any and all bids and to waive any informality. The City will not discriminate against any bidder submitting a bid because of race, creed, color, national origin or handicap. The project includes the following major items: Approximately 24 Lane Miles Street resurfacing including approximately 1.6 centerline miles of Full Depth Reclamation (FDR). Scope of work includes but is not limited to full depth reclamation of roadbeds; patching of failed pavement; installation of bituminous concrete overlays; replacement of existing concrete curb/gutter, sidewalk, driveways and handicap ramps; horizontal adjustment of utility manholes and valve boxes; installation of temporarily and permanent pavement markings. Project is located at various locations throughout the City of Rocky Mount, NC. Complete Bidding Documents may be obtained at the City of Rocky Mount Purchasing web site located at http://www.rockymountnc.gov/services-finance-bids/ Bidders must conform to the provisions of the North Carolina Contractor's Licensing Act of 1925, as amended. A Bid Security in the amount of five percent (5%) of the Bid must accompany each Bid a $500,000.00 or more. A 100% Performance Bond and 100% Payment Bond will be required from the successful bidder or any bids $300,000.00 or more. Bids for this project shall be guaranteed by all bidders for a period of 60 calendar days following the bid opening. See Attachment D for more information regarding bonding requirements. Ramona L. Plemmer, Purchasing Manager City of Rocky Mount PO Box 1180 331 S. Franklin Street Rocky Mount, NC 27802-1180 http://www.rockymountnc.gov/services-finance-bids/ RFP 320-010922RP CONTRACTOR: _______________________________ Standard Form of Formal Contract and General Conditions Page 4 of 67 II. INSTRUCTIONS TO BIDDERS PLEASE READ ALL INSTRUCTIONS CAREFULLY BEFORE PREPARING AND SUBMITTING YOUR BID. All bids shall be prepared and submitted in accordance with the following requirements. Failure to comply with any requirement shall cause the bid to be considered irregular and shall be grounds for rejection of the bid. A. The bid forms furnished by City of Rocky Mount Purchasing Division with the proposal shall be used and shall not be altered in any manner. B. All entries on the bid form, including signatures, shall be written in ink. C. The Bidder shall submit a unit price for every item on the bid form. The unit prices for the various contract items shall be written in figures. ***Unit prices must be limited to TWO decimal places.*** D. An amount bid shall be entered on the bid form for every item. The amount bid for each item shall be determined by multiplying each unit bid by the quantity for that item and shall be written in figures in the "Amount Bid" column of the form. E. The total amount bid shall be written in figures in the proper place on the bid form. The total amount shall be determined by adding the amounts bid for each item. F. Changes in any entry shall be made by marking through the entry in ink and making the correct entry adjacent thereto in ink. A representative of the Bidder shall initial the change in ink. Do not use White Out or similar product to make corrections. G. The bid shall be properly executed. All bids shall show the following information: a. Name of individual, firm, corporation, partnership, or joint venture submitting bid. b. Name of individual or representative submitting bid and position or title. c. Name, signature, and position or title of witness. d. Federal Identification Number e. Contractor's License Number f. Bids submitted by corporations shall bear the seal of the corporation. g. The bid shall not contain any unauthorized additions, deletions, or conditional bids. h. The bidder shall not add any provision reserving the right to accept or reject an award, or to enter into a contract pursuant to an award. H. THE PROPOSAL WITH THE BID FORM STILL ATTACHED SHALL BE PLACED IN A SEALED ENVELOPE AND SHALL HAVE BEEN DELIVERED TO AND RECEIVED IN THE PURCHASING OFFICE –ATTN: RAMONA PLEMMER, CITY OF ROCKY MOUNT – PURCHASING DIVISION, 331 S. FRANKLIN STREET, ROCKY MOUNT, NORTH CAROLINA, BY 4:00 PM on September 27, 2022. I. The sealed bid must display the following statement on the front of the sealed envelope: PROPOSAL FOR: RFP 320-010922RP FY 23 ROAD RESURFACING AWARDING CONTRACT “The North Carolina Department of Transportation, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252) and the Regulations of the Department of Transportation (49 C.F.R., Part 21), issued pursuant to this advertisement will be awarded to the lowest responsible bidder without discrimination on the ground of race, color, or national origin”. Award will be made to the lowest responsible and responsive Bidder for each Contract as soon as practicable, provided that in the selection of equipment or materials, a Contract may be awarded to a responsible Bidder other than the lowest in the interest of standardization or if ultimate economy is clearly evident. SUBMISSIONS OF BIDS RFP 320-010922RP CONTRACTOR: _______________________________ Standard Form of Formal Contract and General Conditions Page 5 of 67 All spaces for lump sum and unit prices in the Bid Form shall be filled in with a number. Spaces left blank will be evaluated as zero ($0.00). Discrepancies between the multiplication of units of Work and Unit Prices will be resolved in favor of the Unit Prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. The award of the Contract, if it is awarded, will be to the lowest responsive, responsible bidder on the base bid whose qualifications indicate the award will be in the best interest of the City of Rocky Mount. The City of Rocky Mount reserves the right to waive technicalities and/or reject any or all bids. The Owner will not consider any bid or award of Contract to any person, firm, or corporation who has defaulted in any obligation to the Owner or who, in the opinion of the Owner, failed to perform their work satisfactorily, either as to character or time. A conditioned or qualified bid will not be accepted. Requirements for the submittal information will vary based on the complexity and importance of the product to the project as a whole. Submittals should be prepared in a concise and straightforward manner. Submittals shall clearly identify variances from the specifications. Products that clearly do not meet the requirements of the specifications and plans should not be submitted. Unless noted, products shall be the manufacturer's standard offering, with standard options. Incomplete submittals, or submittals received after the deadline, shall not be considered. The Owner and Engineer shall review all submitted questions and issue an Addendum to all document holders no later than 9/20/2022 unless extended by bid addenda. The Project Manager and Engineer for this project is Brad Kerr, Public Works Director, City of Rocky Mount. All requests for interpretations related to this RFP must be submitted in writing to both the Purchasing Manager and Public Works Director by 12:00 noon 9/16/2022. All responses to timely submitted requests for interpretations will be published in the form of an addendum and emailed to the pre-bid meeting attendees no later than 9/20/2022. Pre-approval of materials or equipment does not, in any manner, preclude the manufacturer from meeting the full requirements of the specifications, including any performance guarantees required, unless specific exceptions are noted in the pre-approval. No Post-Bid substitutions shall be permitted except as herein provided. A Performance Bond and a Payment Bond, each in the amount of one hundred percent (100%) of the contract price, with a corporate surety approved by the City of Rocky Mount, will be required for the faithful performance of the contract. Bidders shall provide certification that performance and payment bond sureties are licensed in North Carolina. Applies to bids $300,000.00 or more. Minority Business participation must be documented and submitted with bids, please see contract documents for further direction. RFP 320-010922RP CONTRACTOR: _______________________________ Standard Form of Formal Contract and General Conditions Page 6 of 67 III. NCDOT STANDARD NOTES A. NCDOT Standard Specifications – The 2012 North Carolina Department of Transportation Standard Specifications for Roads and Structures, herein referred to as the ‘Standard Specifications’, and the 2012 Roadway Standard Drawings, shall apply to all portions of this project except as may be modified by this document. B. Bidder Prequalification - Bidders are required to be prequalified with NCDOT for their specific discipline. Contractors wishing to become prequalified may obtain information through the NCDOT website at: https://connect.ncdot.gov/business/Pages/default.aspx C. Disadvantaged Business Enterprise References - Since this is a Federal-aid project with DBE participation, only those requirements and goals set forth by NCDOT Goal Setting Committee are applicable. References to any other requirements or to N.C. General Statute 143-128.2 shall not apply to this project. Refer to Special Provision SP1 G63. D. Award of Contract - The contract will be awarded to the lowest responsible, responsive bidder. Alternate items will not be considered in determining the low bidder and will only be evaluated after the award of the contract is made. E. Contractor Licensing – On all Federal-aid contracts, non-licensed contractors are permitted to submit bids, however they must be licensed prior to performing any work. Bidders are permitted 60 days, after bid opening, to become licensed by the North Carolina Licensing Board. If they fail to do so within 60 days, their bid will be considered non-responsive and will be rejected. If the successful bidder does not hold the proper license to perform any plumbing, heating, air conditioning, or electrical work in this contract, he will be required to sublet such work to a contractor properly licensed in accordance with Article 2 of Chapter 87 of the General Statutes (licensing of heating, plumbing, and air conditioning contractors) and Article 4 of Chapter 87 of the General Statutes (licensing of electrical contractors). F. Bonds - Please note that all Bid Bonds, Payment Bonds, and Performance Bonds required for this project, shall be those found on the NCDOT website. The bonds are located at: Bid Bonds (M-5): https://connect.ncdot.gov/municipalities/Bid%20Proposals%20for%20LGA%20Conten t/04%20Bid%20Bonds.doc Payment Bonds (M-6): https://connect.ncdot.gov/municipalities/Bid%20Proposals%20for%20LGA%20Conten t/05%20Payment%20Bonds.doc Performance Bonds (M-7): https://connect.ncdot.gov/municipalities/Bid%20Proposals%20for%20LGA%20Conten t/06%20Performance%20Bonds.doc G. Liability Insurance – In addition to any insurance requirements as may be required by the LGA, the Contractor is obligated to comply with Article 107-15 of the Standard Specifications including the dollar limits set forth. H. Proprietary Items - When a proprietary (brand name) product, whether material, equipment or procedure, are specified in the plans or specifications, they are used only to denote the style, type, character, and quality desired of the product. They do not restrict the bidder from proposing other brands, makes, or manufacturers, which are determined to be of equal quality. The approval, or disapproval of those products, will be made by the Engineer prior to allowing those product(s) or material(s) to be incorporated into the work. https://connect.ncdot.gov/business/Pages/default.aspx RFP 320-010922RP CONTRACTOR: _______________________________ Standard Form of Formal Contract and General Conditions Page 7 of 67 I. Retainage by LGAs - The LGA for this contract will not retain any amount or percentage from progress payments or final estimates due the contractor. Retainage by Contractors - Contractors are NOT permitted to retain any amount or percentage from monies due their subcontractors or material suppliers on federally funded projects except as permitted by Sub article 109- 4(B) of the Standard Specifications. J. Traffic Control - The requirements of the Manual on Uniform Traffic Control Devices (MUTCD) – FHWA, as amended by the NCDOT Supplement to MUTCD, shall apply. Traffic Control, both vehicular and pedestrian, shall be maintained throughout the project as required by these specifications as modified by the project plans or special provisions. IV. GENERAL SPECIFICATIONS Street resurfacing; Full Depth Reclamation (FDR); patching; replacement of existing concrete curb/gutter, sidewalk, driveways and handicap ramps; horizontal adjustment of utility manholes and valve boxes; installation of temporarily and permanent pavement markings. V. SPECIFICATIONS/SCOPE OF WORK The City of Rocky Mount has need for the services of a Licensed Contractor to perform approximately 24 Lane Miles street resurfacing including approximately 1.6 centerline miles of Full Depth Reclamation (FDR). Scope of work includes but is not limited to full depth reclamation of roadbeds; patching of failed pavement; installation of bituminous concrete overlays; replacement of existing concrete curb/gutter, sidewalk, driveways and handicap ramps; horizontal adjustment of utility manholes and valve boxes; installation of temporarily and permanent pavement markings. Project is located at various locations throughout the City of Rocky Mount, NC. VI. THE WORK: The contractor shall furnish all necessary equipment, labor, and material and permits required to complete the work including but not limited to: a. Resurfacing of approximately 24 lane miles of city streets and associated patching, manhole adjustments and valve box adjustments. Includes 1.6 miles of Full Depth Reclamation (FDR). b. Installation of approximately 62 sidewalk access ramps and 1,600 square yards of concrete sidewalk repair. c. Approximately 68,000 square yards of asphalt milling. d. Furnishing and placement of thermoplastic pavement markings. e. Furnishing and installation of inductive detection signal loops (by Owner) VII. PROJECT SCHEDULE Event Responsibility Date and Time Pre-proposal City Monday 9/12/2022 10:00 a.m. Submit Written Questions Contractor Friday 9/16/2022 12:00 noon Provide Response to Questions/Addendum Deadline City Tuesday 9/20/2022 Submit Proposals Contractor Tuesday 9/27/2022 4:00 p.m. Contract Award/Council Meeting City Anticipated 10/10/2022 Estimated Completion Date Contractor 150 Days RFP 320-010922RP CONTRACTOR: _______________________________ Standard Form of Formal Contract and General Conditions Page 8 of 67 VIII. URGED & CAUTIONED PRE-PROPOSAL MEETING Date: 9/12/2022 Time: 10:00 AM Eastern Time Contact #: 252-972-1228 LOCATION: Conference Room 1, 2nd Floor of the Frederick E. Turnage Administrative Services Complex, 331 South Franklin Street, Rocky Mount, North Carolina 27804. Instructions: It shall be urged and cautioned that each Contractor’s representative be present for a pre-proposal meeting. The purpose of this meeting is for all prospective Contractors to apprise themselves with the conditions and requirements which will affect the performance of the work called for by this Request for Proposals. Request for Proposal must be confirmed by written addendum before it can be considered to be a part of this proposal. IX. QUESTIONS Written questions shall be e-mailed to Ramona.plemmer@rockymountnc.gov by the date and time specified above. Contractors will enter “RFP #320-010922RP – Questions” as the subject for the email. Questions received prior to the submission deadline date, the Purchasing Managers response, and any additional terms deemed necessary by the City of Rocky Mount will be posted in the form of an addendum to the Interactive Purchasing System (IPS), http://www.ips.state.nc.us, and the City of Rocky Mount website and shall become an Addendum to this RFQ. No information, instruction or advice provided orally or informally by any City personnel, whether made in response to a question or otherwise concerning this RFQ, shall be considered authoritative or binding. Vendors shall rely only on written material contained in an Addendum to this RFQ. Inquiries submitted no later than the date and time noted in the project schedule. Questions answered verbally will be followed up by written addenda as deemed necessary; oral interpretations shall have no effect. X. PROPOSAL SUBMITTAL Contractors interested in performing the services requested must submit the following information: 1. One (1) copy of their RFP response including name, address, and phone number of contact person. RFP responses shall be addressed to: Attn: RFP #320-010922RP City of Rocky Mount Purchasing- Ramona Plemmer 331 S. Franklin Street Rocky Mount, NC 27802 All RFP responses shall be received by the date and time noted in the schedule on page 7. RFP responses may be sent via US Mail, FedEx, UPS, or hand delivered. Faxed or emailed RFP responses will not be accepted. XI. REFERENCES Vendors shall provide at least three (3) different references for which your company has provided Services of similar size and scope to that proposed herein. The city of Rocky Mount may contact these users to determine the Services provided are substantially similar in scope to those proposed herein and Contractor’s performance has been RFP 320-010922RP CONTRACTOR: _______________________________ Standard Form of Formal Contract and General Conditions Page 9 of 67 satisfactory. The information obtained shall be considered in the evaluation of the quote. If city of Rocky Mount references are provided it cannot be counted towards your three (3) required references but may be included in addition to. COMPANY NAME CONTACT NAME TELEPHONE NUMBER EMAIL Optional: City of Rocky Mount RFP 320-010922RP CONTRACTOR: _______________________________ Standard Form of Formal Contract and General Conditions Page 10 of 67 ATTACHMENT A: PROPOSAL/ACCEPTANCE FORM For City of Rocky Mount FY 23 Road Resurfacing Item No. CI Spec. Section Description Bid Quantity Unit Unit Price Bid Value Division 01-Resurfacing 1.01 800 Mobilization 1 LS 1.02 250 Removal of Existing Concrete, C&G/VG 6675 LF 1.03 CI 225 Undercut Excavation and Backfill (CI) 100 CY 1.04 230 Borrow 100 CY 1.05 CI 270 Geotextile Soil Stabilization (CI) 0 SY 1.06 520 Aggregate Base Course 0 TN 1.07 540.SP Full Depth Reclamation of Asphalt Pavement 23162 SY 1.08 540.SP Cement for Cement Modified FDR 260 TN 1.09 540 Remove Excess FDR Material 2115 CY 1.10 CI 540 Unclassified Excavation (CI) 100 CY 1.11 CI 545 Incidental Stone Base (CI) 100 TN 1.12 053000 Shoulder Reconstruction 2.5 Sh Mi 1.13 607 Milling Asphalt Pavement 0" to 2.5" 67907 SY 1.14 607 Incidental Milling 1400 SY 1.15 610 Asph. Concrete Surface Course, Type S 4.75A (CI) 500 TN 1.16 610 Asph. Concrete Surface Course, Type SF 9.5A 11334 TN 1.17 610 Asph. Concrete Surface Course, Type SF 9.5A (Leveling Course) 500 TN RFP 320-010922RP CONTRACTOR: _______________________________ Standard Form of Formal Contract and General Conditions Page 11 of 67 Item No. CI Spec. Section Description Bid Quantity Unit Unit Price Bid Value 1.18 610 Asph. Concrete Surface Course, Type S 9.5B 2781 TN 1.19 CI 610 Asph. Conc. Intermediate Course, Type I 19.0B (CI) 500 TN 1.20 CI 610 Asph. Conc. Base Course, Type B 25.0B (CI)" 500 TN 1.21 620 Asphalt Binder for Plant Mix, Grade PG 64-22 926 TN 1.22 654.SP Patching Existing Pavement 5976 TN 1.23 CI 815.SP 6" Perforated Subdrain w/ stone and fabric (CI) 200 LF 1.24 846 2' 6" Concrete Curb and Gutter 4805 LF 1.25 846 Concrete Valley Gutter 980 LF 1.26 858 Adjustment of Meter Boxes or Valves 76 EA 1.27 858 Adjustment of Manholes 97 EA 1.28 858.SP Adjustment of Meter Boxes or Valves: Quick Set 76 EA 1.29 858.SP Adjustment of Manholes: Quick Set 76 EA 1.30 1631 Seeding and Mulching 1.5 AC Total for Division 01 Division 02-Sidewalk 2.01 250 Removal of Existing Concrete Pavement (Sidewalk, Driveways) 2072 SY 2.02 848 Concrete Wheelchair Ramps 62 EA 2.03 848 4" Concrete Sidewalk 1675 SY 2.04 848 6" Concrete Driveways 25 SY RFP 320-010922RP CONTRACTOR: _______________________________ Standard Form of Formal Contract and General Conditions Page 12 of 67 Item No. CI Spec. Section Description Bid Quantity Unit Unit Price Bid Value Total for Division 02 Division 03-Pavement Marking 3.01 1205 THERMOPLASTIC PVT MKGLINES (4", 90 MILS) 4925 LF 3.02 1205 THERMOPLASTIC PVT MKGLINES (4", 120 MILS) 31200 LF 3.03 1205 THERMOPLASTIC PVT MKGLINES (8", 120 MILS) 1090 LF 3.04 1205 THERMOPLASTIC PVT MKGLINES (16", 120 MILS) 60 LF 3.05 1205 THERMOPLASTIC PVT MKGLINES (24", 120 MILS) 548 LF 3.06 1205 THERMOPLASTIC PVT MKG CHARACTER (120 MILS) 14 EA 3.07 1205 THERMOPLASTIC PVT MKGSYMBOL (90 MILS) 30 EA 3.08 1205 PAINT PVMT MARKINGS 4" 31200 LF 3.09 1205 PAINT PVMT MARKINGS 8" 1090 LF 3.10 1205 PAINT PVT MKGS LINES 16" 60 LF 3.11 1205 PAINT PVT MKG LINES 24" 548 LF 3.12 1205 PAINT PVT MKG CHARACTER 14 EA 3.13 1205 PAINT PVT MKG SYMBOL 30 EA Total for Division 03 Total for Contract BASIS OF AWARD/ADD ALTERNATES/DEDUCTS 1. Provide prices for the afore-noted bid alternates/deducts. Owner reserves the right to add/deduct to contract at their discretion. Unit prices to include all labor, material, and equipment cost unless otherwise noted. 2. Where unit prices are requested, Contractor to be paid for actual installed quantities verified by the Engineer. Contractor shall provide supporting documentation and load tickets as required by the project specifications. Failure to obtain authorization from the Engineer for placement of any of the unit priced items beyond the previously authorized scope of work or failure to provide requires supporting documentation and quantity verification of material and/or quantities by the Engineer will null and void any claims by the Contractor for compensation for these items. RFP 320-010922RP CONTRACTOR: _______________________________ Standard Form of Formal Contract and General Conditions Page 13 of 67 3. Award Determination: The award of a contract will be made to the lowest responsible bidder meeting the requirements of the Contract Documents. However, when it comes to evaluation of the proposal based on cost alone, the determination of the lowest bidder will be based solely on: a. The GRAND TOTAL OF THE BASE BID (items 1.01 through 3.13) of ATTACHMENT A: Proposal/Acceptance Form (PAGES 10-12), without adjustments or from unsolicited bid qualifiers – no exceptions. NAME OF BIDDER________________________________________________________________________ Bidder acknowledges that estimated quantities are not guaranteed and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities, determined as provided in the Contract Documents. The undersigned, as bidder, proposes and agrees if this proposal is accepted to contract with the City of Rocky Mount for the furnishing of all materials, equipment, and labor necessary to complete the construction of the work described in these documents in full and complete in accordance with plans, specifications, and contract documents, and to the full and entire satisfaction of the City of Rocky Mount for the sum of: TOTAL BASE PROPOSAL: Dollars $ (items 1.01 through 3.13 of ATTACHMENT A: Proposal/Acceptance Form [PAGES 10-12]), Respectively submitted this day of 20 (Contractor’s Name) Federal ID#: By: Witness: Title: (Owner, partner, corp. Pres. Or Vice President) Address: (Proprietorship or Partnership) Attest: (corporation) Email Address: (Corporate Seal) By: License #: Title: (Corporation, Secretary. /Ass't Secretary.) RFP 320-010922RP CONTRACTOR: _______________________________ Standard Form of Formal Contract and General Conditions Page 14 of 67 ATTACHMENT B: ACCEPTED by the City of Rocky Mount For City of Rocky Mount FY23 Road Resurfacing 320-010922RP City of Rocky Mount Total amount of accepted by the owner, included base proposal (items 1.01 through 3.13) for the FY23 Road Resurfacing (PAGES 10-12): $____________________________________ BY: Title: Date: PRE-AUDIT This instrument has been preaudited in the manner required by the Budget and Fiscal Control Act. ______________________________________________ Finance Director Date RFP 320-010922RP CONTRACTOR: _______________________________ Standard Form of Formal Contract and General Conditions Page 15 of 67 ATTACHMENT C: G E N E R A L C O N D I T I O N S 1. GENERAL It is understood and agreed that by submitting a proposal that the Contractor has examined these contract documents, drawings and specifications and has visited the site of the Work and has satisfied himself relative to the Work to be performed. 2. DEFINITIONS Owner: "Owner" shall mean, The City of Rocky Mount Contractor: "Contractor" shall mean the entity that will provide the services for the Owner. Designer: The designer(s) are those referred to within this contract, or their authorized representatives. The Designer(s), as referred to herein, shall mean architect and/or engineer responsible for preparing the project plans and specifications. They will be referred to hereinafter as if each were of the singular number, masculine gender. Contract Documents: “Contract Documents” shall consist of the Notice to Bidders; General Conditions of the Contract; special conditions if applicable; Supplementary General Conditions; the drawing and specifications, including all bulletins, addenda or other modifications of the drawings and specifications incorporated into the documents prior to their execution; the proposal; the contract; the performance bond if applicable; and insurance certificates. All of these items together form the contract. INTENT AND EXECUTION OF DOCUMENTS The drawings and specifications are complementary, one to the other. That which is shown on the drawings or called for in the specifications shall be as binding as if it were both called for and shown. The intent of the drawings and specifications is to establish the scope of all labor, materials, transportation, equipment, and any and all other things necessary to provide a complete job. In case of discrepancy or disagreement in the Contract Documents, the order of precedence shall be: Form of Contract, specifications, large-scale detail drawings, small-scale drawings. In such cases where the nature of the work requires clarification by the Designer/ Owner, the Designer/ Owner shall furnish such clarification. Clarifications and drawings shall be consistent with the intent of the Contract Documents and shall become a part thereof. 4. AS-BUILT MARKED-UP CONSTRUCTION DOCUMENTS Contractor shall provide one complete set of legible “as-built” marked-up construction drawings and specifications recording any and all changes made to the original design during the course of construction. In the event no changes occurred, submit construction drawings and specifications set with notation “No Changes.” The Designer/Owner must receive “As-built” marked-up construction drawings and specifications before the final pay request can be processed. 5. SUBMITTAL DATA The Contractor awarded the contract shall submit all specified submittals to the Owner/Designer. A minimum number of copies as specified by the owner, of all required submittal data pertaining to construction, performance and general dimensional criteria of the components listed in the technical specifications shall be submitted. No material or equipment shall be ordered or installed prior to written approval of the submittals by the Designer/Owner. Failure to provide submittal data for review on equipment listed in the technical specifications will RFP 320-010922RP CONTRACTOR: _______________________________ Standard Form of Formal Contract and General Conditions Page 16 of 67 result in removal of equipment by the Contractor at his expense if the equipment is not in compliance with the specifications. 6. SUBSTITUTIONS In accordance with the provisions of G.S. 133-3, material, product, or equipment substitutions proposed by the bidders to those specified herein can only be considered during the bidding phase until five (5) days prior to the receipt of proposals or by the date specified in the pre proposal conference, when submitted to the Designer with sufficient data to confirm material, product, or equipment equality. Proposed substitutions submitted after this time will be considered only as potential change order. Submittals for proposed substitutions shall include the following information: a. Name, address, and telephone number of manufacturer and supplier as appropriate. b. Trade name, model or catalog designation. c. Product data including performance and test data, reference standards, and technical descriptions of material, product, or equipment. Include color samples and samples of available finishes as appropriate. d. Detailed comparison with specified products including performance capabilities, warranties, and test results. e. Other pertinent data including data requested by the Designer to confirm product equality. If a proposed material, product, or equipment substitution is deemed equal by the Designer to those specified, all bidders of record will be notified by Addendum. 7. WORKING DRAWINGS AND SPECIFICATIONS AT THE JOB SITE The contractor shall maintain, in readable condition at his job site one complete set of working drawings and specifications for his work including all shop drawings. Such drawings and specifications shall be available for use by the owner, designer or his authorized representative. The contractor shall maintain at the job site, a day-to-day record of work-in-place that is at variance with the contract documents. Such variations shall be fully noted on project drawings by the contractor and submitted to the designer upon project completion and no later than 30 days after acceptance of the project. 8. MATERIALS, EQUIPMENT, EMPLOYEES a. The contractor shall, unless otherwise specified, supply and pay for all labor, transportation, materials, tools, apparatus, lights, power, fuel, heat, sanitary facilities, water, scaffolding and incidentals necessary for the completion of his work, and shall install, maintain and remove all equipment of the construction, other utensils or things, and be responsible for the safe, proper and lawful construction, maintenance and use of same, and shall construct in the best and most workmanlike manner, a complete job and everything incidental thereto, as shown on the plans, stated in the specifications, or reasonably implied therefrom, all in accordance with the contract documents. b. All materials shall be new and of quality specified, except where reclaimed material is authorized herein and approved for use. Workmanship shall at all times be of a grade accepted as the best practice of the particular trade involved, and as stipulated in written standards of recognized organizations or institutes of the respective trades except as exceeded or qualified by the specifications. RFP 320-010922RP CONTRACTOR: _______________________________ Standard Form of Formal Contract and General Conditions Page 17 of 67 c. Upon notice, the contractor shall furnish evidence as to quality of materials. d. Products are generally specified by ASTM or other reference standard and/or by manufacturer's name and model number or trade name. When specified only by reference standard, the Contractor may select any product meeting this standard, by any manufacturer. When several products or manufacturers are specified as being equally acceptable, the Contractor has the option of using any product and manufacturer combination listed. However, the contractor shall be aware that the cited examples are used only to denote the quality standard of product desired and that they do not restrict bidders to a specific brand, make, manufacturer or specific name; that they are used only to set forth and convey to proposals the general style, type, character and quality of product desired; and that equivalent products will be acceptable. Request for substitution of materials, items, or equipment shall be submitted to the designer for approval or disapproval; the designer prior to the opening of proposals shall make such approval or disapproval. Alternate materials may be requested after the award if it can clearly be demonstrated that it is an added benefit to the owner and the designer and owner approves. e. The designer is the judge of equality for proposed substitution of products, materials or equipment. f. If at any time during the construction and completion of the work covered by these contract documents, the language, conduct, or attire of any workman of the various crafts be adjudged a nuisance to the owner or designer, or if any workman be considered detrimental to the work, the contractor shall order such parties removed immediately from grounds. g. The Contractor shall cooperate with the designer and the owner in coordinating construction activities. h. The Contractor shall maintain qualified personnel and effective supervision at the site at all times during the project and exercise the appropriate quality control program to ensure compliance with the project drawings and specifications. The designer is responsible for determining compliance with the drawings and specifications. 9. CODES, PERMITS AND INSPECTIONS The Contractor shall obtain the required permits, if required, give all notices, and comply with all laws, ordinances, codes, rules and regulations bearing on the conduct of the work under this contract. If the Contractor observes that the drawings and specifications are at variance therewith, he shall promptly notify the Designer in writing. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, codes, rules and regulations, and without such notice to the Owner, he shall bear all cost arising there from. All work under this contract shall conform to the current North Carolina Building Code and other state and national codes as are applicable. All fire alarm work shall be in accordance with the latest State Construction Office (SCO) Guidelines for Fire Alarm Installation (NFPA72). Where the contract documents are in conflict with the SCO guidelines, the SCO guidelines shall govern. The Contractor shall be responsible for all the costs for the correction of the work where he installs it in conflict with the latest edition of the SCO Guidelines for Fire Alarm Installation. 10. PROTECTION OF WORK, PROPERTY, THE PUBLIC AND SAFETY *Inspection and certification of compliance by local authorities is necessary if an architect or engineer was not employed on the project. RFP 320-010922RP CONTRACTOR: _______________________________ Standard Form of Formal Contract and General Conditions Page 18 of 67 a. The contractors shall be jointly responsible for the entire site and the building or construction of the same and provide all the necessary protections, as required by the owner or designer, and by laws or ordinances governing such conditions. They shall be responsible for any damage to the owner's property or of that of others on the job, by them, their personnel, or their subcontractors, and shall make good such damages. They shall be responsible for and pay for any damages caused to the owner. All contractors shall have access to the project at all times, except as indicated in the Supplemental General Conditions. b. The contractor shall provide cover and protect all portions of the structure when the work is not in progress, provide and set all temporary roofs, covers for doorways, sash and windows, and all other materials necessary to protect all the work on the building, whether set by him, or any of the subcontractors. Any work damaged through the lack of proper protection or from any other cause, shall be repaired or replaced without extra cost to the owner. c. No fires of any kind will be allowed inside or around the operations during the course of construction without special permission from the designer and owner. d. The contractor shall protect all trees and shrubs designated to remain in the vicinity of the operations by building substantial boxes around it. He shall barricade all walks, roads, etc., as directed by the designer to keep the public away from the construction. All trenches, excavations or other hazards in the vicinity of the work shall be well barricaded and properly lighted at night. e. The contractor shall provide all necessary safety measures for the protection of all persons on the job, including the requirements of the A.G.C. Accident Prevention Manual in Construction, as amended, and shall fully comply with all state laws or regulations and North Carolina State Building Code requirements to prevent accident or injury to persons on or about the location of the work. He shall clearly mark or post signs warning of hazards existing, and shall barricade excavations, elevator shafts, stairwells and similar hazards. He shall protect against damage or injury resulting from falling materials and he shall maintain all protective devices and signs throughout the progress of the work. f. The contractor shall adhere to the rules, regulations and interpretations of the North Carolina Department of Labor relating to Occupational Safety and Health Standards for the Construction Industry (Title 29, Code of Federal Regulations, Part 1926, published in Volume 39, Number 122, Part II, June 24, 1974, Federal Register), and revisions thereto as adopted by General Statutes of North Carolina 95-126 through 155. i. In the event of emergency affecting the safety of life, the protection of work, or the safety of adjoining properties, the contractor is hereby authorized to act at his own discretion, without further authorization from anyone, to prevent such threatened injury or damage. Any compensation claimed by the contractor on account of such action shall be determined as provided for under Article 13(b). j. Any and all costs associated with correcting damage caused to adjacent properties of the construction site or staging area shall be borne by the contractor. These costs shall include but not be limited to flooding, mud, sand, stone, debris, and discharging of waste products. 11. SUBCONTRACTS AND SUBCONTRACTORS The Contractor is and remains fully responsible for his own acts or omissions as well as those of any subcontractor or of any employee of either. The Contractor agrees that no contractual relationship exists between the subcontractor and the Owner in regard to the contract, and that the subcontractor acts on this work as an agent or employee of the Contractor. RFP 320-010922RP CONTRACTOR: _______________________________ Standard Form of Formal Contract and General Conditions Page 19 of 67 12. CONTRACTOR-SUBCONTRACTOR RELATIONSHIPS The Contractor agrees that the terms of these Contract Documents shall apply equally to each Subcontractor as to the Contractor, and the Contractor agrees to take such action as may be necessary to bind each Subcontractor to these terms. The Contractor further agrees to conform to the Code of Ethical Conduct as adopted by the Associated General Contractors of America, Inc., with respect to Contractor-Subcontractor relationships. The Owner reserves the right to limit the amount of portions of work to be subcontracted as hereinafter specified. 13. CHANGES IN THE WORK AND CLAIMS FOR EXTRA COST a. The owner may have changes made in the work covered by the contract. These changes will not invalidate and will not relieve or release the contractor from any guarantee given by him pertinent to the contract provisions. These changes will not affect the validity of the guarantee bond and will not relieve the surety or sureties of said bond. All extra work shall be executed under conditions of the original contract. b. Except in an emergency endangering life or property, no change shall be made by the contractor except upon receipt of approved change order from the designer, countersigned by the owner authorizing such change. No claim for adjustments of the contract price shall be valid unless this procedure is followed. Should a claim for extra compensation by the contractor be denied by the designer or the owner, the contractor may pursue his claim in accordance with G.S. 143-135.3. In the event of emergency endangering life or property, the contractor may be directed to proceed on a time and material basis whereupon the contractor shall proceed and keep accurately on such form as specified by the designer or owner, a correct account of costs together with all proper invoices, payrolls and supporting data. Upon completion of the work the change order will be prepared as outlined under either Method "c(1)" or Method "c(2)" or both. c. In determining the values of changes, either additive or deductive, contractors are restricted to the use of the following methods: 1. Where the extra work involved is covered by unit prices quoted in the proposal, or subsequently agreed to by the Contractor, Designer, an Owner the value of the change shall be computed by application of unit prices based on quantities, estimated or actual as agreed of the items involved, except is such cases where a quantity exceeds the estimated quantity allowance in the contract by one hundred percent (100%) or more. In such cases, either party may elect to proceed under subparagraph c (2) herein. If neither party elects to proceed under c (2), then unit prices shall apply. 2. The contracting parties shall negotiate and agree upon the equitable value of the change prior to issuance of the change order, and the change order shall stipulate the corresponding lump sum adjustment to the contract price. d. Under Paragraph “b” and Methods "c(2)" above, the allowances for overhead and profit combined shall be as follows: all contractors (the single contracting entity (prime), his subcontractors(1st tier subs), or their sub-subcontractors (2nd tier subs, 3rd tier subs, etc.) shall be allowed a maximum of 10% on work they each self-perform; the prime contractor shall be allowed a maximum of 5% on contracted work of his 1st tier sub; 1st tier, 2nd tier, 3rd tier, etc. contractors shall be allowed a maximum of 2.5% on the contracted work of their subs. ; Under Method "c(1)", no additional allowances shall be made for overhead and profit. In the case of deductible change orders, under RFP 320-010922RP CONTRACTOR: _______________________________ Standard Form of Formal Contract and General Conditions Page 20 of 67 Method "c(2)" and Paragraph (b) above, the contractor shall include no less than five percent (5%) profit, but no allowances for overhead. e. The term "net cost" as used herein shall mean the difference between all proper cost additions and deductions. The "cost" as used herein shall be limited to the following: 1. The actual costs of materials and supplies incorporated or consumed as part of the work; 2. The actual costs of labor expended on the project site; labor expended in coordination, change order negotiation, record document maintenance, shop drawing revision or other tasks necessary to the administration of the project are considered overhead whether they take place in an office or on the project site. 3. The actual costs of labor burden, limited to the costs of social security (FICA) and Medicare/Medicaid taxes; unemployment insurance costs; health/dental/vision insurance premiums; paid employee leave for holidays, vacation, sick leave, and/or petty leave, not to exceed a total of 30 days per year; retirement contributions; worker’s compensation insurance premiums; and the costs of general liability insurance when premiums are computed based on payroll amounts; the total of which shall not exceed thirty percent (30%) of the actual costs of labor; 4. The actual costs of rental for tools, excluding hand tools; equipment; machinery; and temporary facilities required for the work; 5. The actual costs of premiums for bonds, insurance, permit fees and sales or use taxes related to the work. Overtime and extra pay for holidays and weekends may be a cost item only to the extent approved by the owner. f. Should concealed conditions be encountered in the performance of the work below grade, or should concealed or unknown conditions in an existing structure be at variance with the conditions indicated by the contract documents, the contract sum and time for completion may be equitably adjusted by change order upon claim by either party made within thirty (30) days after the condition has been identified. The cost of such change shall be arrived at by one of the foregoing methods. All change orders shall be supported by a unit cost breakdown showing method of arriving at net cost as defined above. g. Change orders shall be submitted by the contractor in writing to the owner/designer for review and approval. The contractor will provide such proposal and supporting data in suitable format. The designer shall verify correctness. Delay in the processing of the change order due to lack of proper submittal by the contractor of all required supporting data shall not constitute grounds for a time extension or basis of a claim. Within fourteen (14) days after receipt of the contractor’s accepted proposal including all supporting documentation required by the designer, the designer shall prepare the change order and forward to the contractor for his signature or otherwise respond, in writing, to the contractor’s proposal. Within seven (7) days after receipt of the change order executed by the contractor, the designer shall, certify the change order by his signature, and forward the change order and all supporting data to the owner for the owner's signature. The owner shall execute the change order, within seven (7) days of receipt. At the time of signing a change order, the contractor shall be required to certify as follows: RFP 320-010922RP CONTRACTOR: _______________________________ Standard Form of Formal Contract and General Conditions Page 21 of 67 "I certify that my bonding company will be notified forthwith that my contract has been changed by the amount of this change order, and that a copy of the approved change order will be mailed upon receipt by me to my surety." h. A change order, when issued, shall be full compensation, or credit, for the work included, omitted or substituted. It shall show on its face the adjustment in time for completion of the project as a result of the change in the work. i. If, during the progress of the work, the owner requests a change order and the contractor's terms are unacceptable, the owner, may require the contractor to perform such work on a time and material basis whereupon the contractor shall proceed and keep accurately on such form as specified by the Designer or owner, a correct account of cost together with all proper invoices, payrolls and supporting data. Upon completion of the work a change order will be prepared with allowances for overhead and profit per paragraph d. above and “net cost” and “cost” per paragraph e. above. Without prejudice, nothing in this paragraph shall preclude the owner from performing or to have performed that portion of the work requested in the change order. 14. ANNULMENT OF CONTRACT If the contractor fails to begin the work under the contract within the time specified, or the progress of the work is not maintained on schedule, or the work is not completed within the time specified, or fails to perform the work with sufficient workmen and equipment or with sufficient materials to ensure the prompt completion of said work, or shall perform the work unsuitably or shall discontinue the prosecution of the work, or if the contractor shall become insolvent or be declared bankrupt or commit any act of bankruptcy or insolvency, or allow any final judgment to stand against him unsatisfied for a period of forty-eight (48) hours, or shall make an assignment for the benefit of creditors, or for any other cause whatsoever shall not carry on the work in an acceptable manner, the owner may give notice in writing, sent by certified mail, return receipt requested, to the contractor and his surety (if applicable) of such delay, neglect or default, specifying the same, and if the contractor within a period of seven (7) days after such notice shall not proceed in accordance therewith, then the owner shall, declare this contract in default, and, thereupon, the surety shall promptly take over the work and complete the performance of this contract in the manner and within the time frame specified. In the event the contractor, or the surety (if applicable) shall fail to take over the work to be done under this contract within seven (7) days after being so notified and notify the owner in writing, sent by certified mail, return receipt requested, that he is taking the same over and stating that he will diligently pursue and complete the same, the owner shall have full power and authority, without violating the contract, to take the prosecution of the work out of the hands of said contractor, to appropriate or use any or all contract materials and equipment on the grounds as may be suitable and acceptable and may enter into an agreement, either by public letting or negotiation, for the completion of said contract according to the terms and provisions thereof or use such other methods as in his opinion shall be required for the completion of said contract in an acceptable manner. All costs and charges incurred by the owner, together with the costs of completing the work under contract, shall be deducted from any monies due or which may become due said contractor and surety (if applicable). In case the expense so incurred by the owner shall be less than the sum which would have been payable under the contract, if it had been completed by said contractor, then the said contractor and surety (if applicable) shall be entitled to receive the difference, but in case such expense shall exceed the sum which would have been payable under the contract, then the contractor and the surety (if applicable) shall be liable and shall pay to the owner the amount of said excess. 15. TERMINATION FOR CONVENIENCE a. Owner may at any time and for any reason terminate Contractor’s services and work at Owner's convenience, after notification to the contractor in writing via certified mail. Upon receipt of such notice, Contractor shall, unless the notice directs otherwise, immediately discontinue the work and RFP 320-010922RP CONTRACTOR: _______________________________ Standard Form of Formal Contract and General Conditions Page 22 of 67 placing of orders for materials, facilities and supplies in connection with the performance of this Agreement. b. Upon such termination, Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Agreement; plus, (2) such other costs actually incurred by Contractor as approved by Owner; (3) plus ten percent (10%) of the cost of the balance of the work to be completed for overhead and profit. There shall be deducted from such sums as provided in this subparagraph the amount of any payments made to Contractor prior to the date of the termination of this Agreement. Contractor shall not be entitled to any claim or claim of lien against Owner for any additional compensation or damages in the event of such termination and payment. 16. OWNER'S RIGHT TO DO WORK If, during the progress of the work or during the period of guarantee, the contractor fails to prosecute the work properly or to perform any provision of the contract, the owner, after seven (7) days' written notice sent by certified mail, return receipt requested, to the contractor from the designer, may perform or have performed that portion of the work. The cost of the work may be deducted from any amounts due or to become due to the contractor, such action and cost of same having been first approved by the designer. Should the cost of such action of the owner exceed the amount due or to become due the contractor, then the contractor or his surety, or both, shall be liable for and shall pay to the owner the amount of said excess. 17. REQUESTS FOR PAYMENT Contractor shall refer to the Supplemental General Conditions for specific directions on payment schedule, procedures and the name and address where to send applications for payments for this project. It is imperative that invoices be sent only to the above address in order to assure proper and timely delivery and handling. The Designer/Owner will process all Contractor pay requests as the project progresses. The Contractor shall receive payment within thirty (30) consecutive days after Designer/Owner’s approval of each pay request. Payment will only be made for work performed as determined by the Designer/Owner. Retainage: a. Retainage withheld will not exceed 5% at any time. b. The same terms apply to general contractor and subcontractors alike. c. Following 50% completion of the project no further retainage will be withheld if the contractor/subcontractor has performed their work satisfactorily. d. Exceptions: 1. Owner/Contractor can reinstate retainage if the contractor/subcontractor does not continue to perform satisfactorily. 2. Following 50% completion of the project, the owner is authorized to withhold additional retainage from a subsequent periodic payment if the amount of retainage withheld falls below 2.5%. Final payment will be made within thirty (30) consecutive days after acceptance of the work, receipt of marked-up “as-built” drawings and specifications and the submission both of notarized Contractor's affidavit and final pay request. All pay requests shall be submitted to the Designer/Owner for approval. THE CONTRACTOR'S FINAL PAYMENT AFFIDAVIT SHALL STATE: "THIS IS TO CERTIFY THAT ALL COSTS OF MATERIALS, EQUIPMENT, LABOR, SUBCONTRACTED WORK, AND ALL ELSE ENTERING INTO THE ACCOMPLISHMENT OF THIS CONTRACT, INCLUDING PAYROLLS, HAVE BEEN PAID IN FULL." RFP 320-010922RP CONTRACTOR: _______________________________ Standard Form of Formal Contract and General Conditions Page 23 of 67 18. PAYMENTS WITHHELD The designer with the approval of the Owner may withhold payment for the following reasons: a. Faulty work not corrected. b. The unpaid balance on the contract is insufficient to complete the work in the judgment of the designer. c. To provide for sufficient contract balance to cover liquidated damages that will be assessed. d. The secretary of the Department of Administration may authorize the withholding of payment for the following reasons: i.Claims filed against the contractor or evidence that a claim will be filed. ii.Evidence that subcontractors have not been paid. When grounds for withholding payments have been removed, payment will be released. Delay of payment due the contractor without cause will make owner liable for payment of interest to the contractor as provided in G.S. 143-134.1. As provided in G.S. 143-134.1(e), the owner shall not be liable for interest on payments withheld by the owner for unsatisfactory job progress, defective construction not remedied, disputed work, or third-party claims filed against the owner or reasonable evidence that a third-party claim will be filed. 19. MINIMUM INSURANCE REQUIREMENTS Requirements. Providing and maintaining adequate insurance coverage is a material obligation of the Contractor and is of the essence of The Contract. All such insurance shall meet all laws of the City of Rocky Mount. Such insurance coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina. The Contractor shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or The Contract. The limits of coverage under each insurance policy maintained by the Contractor shall not be interpreted as limiting the Contractor’s liability and obligations under the Contract. Insurance. Contractor agrees to maintain Commercial General Liability in amount of $1,000,000 each occurrence, $1,000,000 each occurrence in Personal & Advertising Injury with $2,000,000 General Aggregate, and $2,000,000 Products/Completed Operations Aggregate. Contractor shall maintain $1,000,000 in automobile liability, and other appropriate insurance, as well as Workers Compensation in the required statutory amount of $500,000.00 for all employees participating in the provision of services under this Contract. The City of Rocky Mount shall be named by endorsement as an additional insured on the General and Automobile Liability policies. Certificates of such insurance shall be furnished by Contractor to the City and shall contain an endorsement to provide the City at least 30 days’ written notice of any intent to cancel or terminate by either Contractor or the insuring company. Failure to furnish insurance certificates or maintain such insurance shall be a default under this contract and shall be grounds for immediate termination of this Contract. 20. ASSIGNMENT No assignment of the Contractor's obligations or the Contractor's right to receive payment hereunder shall be permitted. However, upon written request approved by the Owner and solely as a convenience to the Contractor, RFP 320-010922RP CONTRACTOR: _______________________________ Standard Form of Formal Contract and General Conditions Page 24 of 67 the Owner may: (1) forward the Contractor's payment check directly to any person or entity designated by the Contractor, and (2) include any person or entity designated by Contractor as a joint payee on the Contractor's payment check. In no event shall such approval and action obligate the Owner to anyone other than the Contractor, and the Contractor shall remain responsible for fulfillment of all contract obligations. 21. CLEANING UP AND RESTORATION OF SITE The Contractor shall keep the sites and surrounding area reasonably free from rubbish at all times and shall remove debris from the site from time to time or when directed to do so by the Owner. Before final inspection and acceptance of the project, the Contractor shall thoroughly clean the sites, and completely prepare the project and site for use by the Owner. At the end of construction, the contractor shall oversee and implement the restoration of the construction site to its original state. Restoration includes but not limited to walks, drives, lawns, trees and shrubs, corridors, stairs and other elements shall be repaired, cleaned or otherwise restored to their original state. 22. GUARANTEE The contractor shall unconditionally guarantee materials and workmanship against patent defects arising from faulty materials, faulty workmanship or negligence for a period of twelve (12) months following the final acceptance of the work and shall replace such defective materials or workmanship without cost to the owner. Where items of equipment or material carry a manufacturer's warranty for any period in excess of twelve (12) months, then the manufacturer's warranty shall apply for that particular piece of equipment or material. The contractor shall replace such defective equipment or materials, without cost to the owner, within the manufacturer's warranty period. Additionally, the owner may bring an action for latent defects caused by the negligence of the contractor, which is hidden or not readily apparent to the owner at the time of beneficial occupancy or final acceptance, whichever occurred first, in accordance with applicable law. Guarantees for roofing workmanship and materials shall be stipulated in the specifications sections governing such roof, equipment, materials, or supplies. 23. STANDARDS All manufactured items and/or fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving a connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate State inspector which customarily requires the label or re-examination listing or identification marking of appropriate safety standard organization, such as the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories and/or National Electrical Manufacturers Association for electrically operated assemblies; or the American Gas Association for gas operated assemblies, where such approvals of listings have been established for the type of device offered and furnished. Further, all items furnished shall meet all requirements of the Occupational Safety and Health Act (OSHA), and State and federal requirements relating to clean air and water pollution. All equipment and products must be independent third party tested and labeled (UL, FM, or CTS) before final connections to Owner services or utilities. 24. EQUAL OPPORTUNITY CLAUSE RFP 320-010922RP CONTRACTOR: _______________________________ Standard Form of Formal Contract and General Conditions Page 25 of 67 The non-discrimination clause contained in Section 202 (Federal) Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin, and the implementing rules and regulations prescribed by the secretary of Labor, are incorporated herein. The contractor(s) agree not to discriminate against any employee or applicant for employment because of physical or mental disabilities in regard to any position for which the employee or applicant is qualified. The contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified individuals with such disabilities without discrimination based upon their physical or mental disability in all employment practices. 25. MINORITY BUSINESS PARTICIPATION The City Council Minority Business Resolution establishes a ten percent (10%) goal for participation by minority business valued $100,000.00 or more for each City building project funded by local funds. For construction contracts with a value of less than $300,000, the Owner has the responsibility to make a good faith effort to solicit minority proposals and to attain the goal. The contractor shall include with his proposal a completed Identification of HUB Certified/Minority Business Participation form. Contractor shall submit completed Appendix F MBE Documentation for Contract Payments form with final payment request. For construction contracts with a value of $300,000 or greater, the contractor shall comply with the document Guidelines for Recruitment and Selection of Minority Businesses for Participation in State Construction Contracts including Identification of Minority Business Participation, Affidavits A, B, C, and D, and Appendix E. These forms provided herein are hereby incorporated and made a part of this contract. Forms can be found at rockymountnc.gov/mwbe 26. ACCESS TO PERSONS AND RECORDS The State Auditor shall have access to persons and records as a result of all contracts or grants entered into by the Owner in accordance with General Statute 147-64.7. The Owner’s internal auditors shall also have the right to access and copy the Contractor’s records relating to the Contract and Project during the term of the Contract and within two years following the completion of the Project/close-out of the Contract to verify accounts, accuracy, information, calculations and/or data affecting and/or relating to Contractor’s requests for payment, requests for change orders, change orders, claims for extra work, requests for time extensions and related claims for delay/extended general conditions costs, claims for lost productivity, claims for lost efficiency, claims for idle equipment or labor, claims for price/cost escalation, pass-through claims of subcontractors and/or suppliers, and/or any other type of claim for payment or damages from Owner and/or its project representatives. 27. GOVERNING LAWS This contract is made under and shall be governed and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of laws rules, and within which State all matters, whether sounding in Contract or tort or otherwise, relating to its validity, construction, interpretation and enforcement shall be determined. RFP 320-010922RP CONTRACTOR: _______________________________ Standard Form of Formal Contract and General Conditions Page 26 of 67 ATTACHMENT D: SUPPLEMENTARY GENERAL CONDITIONS 1. Definitions a. The Contract documents shall consist of the Contract, the accepted Proposal, the General Conditions of the Contract, and the Drawings and Specifications, including all modifications thereof incorporated in the documents before their execution. b. Whenever the term "Contractor" is used, it shall be understood as referring to the General Contractor, subcontractor, and all other contractors or their duly authorized agent to whom the work here described is awarded by Contract. c. Whenever the term "Engineer" is mentioned, it is understood to mean the Director of Public Works, his assistant or duly authorized agent. The Director of Public Works shall make all necessary explanations as to the meaning and intent of the Specifications and may correct any errors or omissions in same which is necessary for the proper fulfillment of its intentions. d. Whenever the term "City" is used, it is to mean the City of Rocky Mount, North Carolina. e. The term "Work" of the Contractor or subcontractor includes labor or materials, or both, equipment, transportation, or other facilities necessary to complete the Contract. 2. Time of Completion Contract time for substantial completion is 150 calendar days from notice to proceed. Except where otherwise provided by the contract, observation periods required by the contract will not be a part of the work to be completed by the completion date and/or intermediate contract times stated in the contract. The acceptable completion of the observation periods that extend beyond the final completion date shall be a part of the work covered by the performance and payment bonds. The period between December 15 through March 6 may be excluded from the contract time for annual plant maintenance and winter weather delays by mutual agreement between the Contractor and the Owner The liquidated damages for this contract are One Thousand Dollars ($1,000.00) per calendar day. INTERMEDIATE CONTRACT TIME NUMBER 1 AND LIQUIDATED DAMAGES: Except for final/long life pavement markings, the Contractor will be required to complete all work included in this contract and shall place and maintain traffic on same. The completion date for this intermediate contract time is 120 calendar days from Notice to Proceed. The liquidated damages are One Thousand Dollars ($1,000.00) per calendar day. 3. Intent of Documents: The intention of the documents is to include all labor and materials, equipment and transportation necessary for the proper execution of the work. It is not intended, however, that materials or work not covered by or properly inferable from any heading, branch, class or trade of the Specifications shall be supplied unless distinctly so noted on the drawings. Materials or work described in words which so applied have a well-known technical or trade meaning shall be held to refer to such recognized standards. 4. Detail Drawings and Instructions: The City shall furnish with reasonable promptness, additional instructions, by means of drawings or otherwise, necessary for the proper execution of the work. All such drawings and instructions shall be consistent with the Contract documents, true developments thereof, and reasonably inferable therefrom. RFP 320-010922RP CONTRACTOR: _______________________________ Standard Form of Formal Contract and General Conditions Page 27 of 67 5. Progress Schedule: The Contractor shall submit for approval by the Engineer prior to the pre-construction conference, a carefully prepared progress schedule, showing the proposed dates of starting and completing each of the various operations of the work. If applicable, liquidated damages may be deducted on a monthly basis based on contractor’s progress as compared to the approved project schedule. The progress schedule shall be in graphic form and if required, and in a format acceptable to the City. 6. Contractor's Understanding: It is understood and agreed that the Contractor has, by careful examination satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this Contract. No verbal agreement or conversation with any officer, agent or employee of the City, either before or after the execution of the Contract shall affect or modify any terms or obligations herein contained. 7. Superintendence by Contractor: Except where the Contractor is an individual and gives his personal superintendence to the work, the Contractor shall provide a competent superintendent, satisfactory to the City of Rocky Mount on the work at all times during working hours with full authority to act for him. The Contractor shall also provide an adequate staff for the proper coordination and prosecution of the work. 8. Materials, Appliances, Employees: Unless otherwise specified, the Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation and other facilities necessary for the execution and completion of the work. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. The Contractor shall at all times enforce strict discipline and good order among his employees and shall not employ on the work any unfit person or anyone not skilled in the work assigned to him. 9. Technical Specifications and Drawings: Anything mentioned in the Technical Specifications and not shown on the Drawings or shown on the Drawings and not mentioned in the Technical Specifications shall be of like effect as if shown on or mentioned in both. In case of difference between Drawings and Technical Specifications, the Technical Specifications shall govern. In case of any discrepancy in Drawings, or Technical Specifications, the matter shall be immediately submitted to the City of Rocky Mount without whose decision, said discrepancy shall not be adjusted by the Contractor, save only at his own risk and expense. 10. Royalties and Patents: The Contractor shall pay all royalties and patent fees. He shall defend all suits or claims for infringement of any patent rights and shall save the City harmless from loss on account thereof, except that the city shall be responsible for such loss when a particular process or the product of a particular manufacturer or manufacturers is specified, but if the Contractor has information that the process or article specified is an infringement of a patent, he shall be responsible for such loss unless he promptly gives such information to the Engineer. 11. Permits: Permits and licenses of a temporary nature necessary for the prosecution of the work shall be secured and paid for by the Contractor unless otherwise stipulated. Permits, licenses and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the City unless otherwise stipulated. 12. Protection of Work and Property: The Contractor shall continuously maintain adequate protection of all his work from damage and shall protect the City's and private property from injury or loss arising in connection with this Contract. He shall make good any such damages, injury or loss, except such as may directly be due to errors in the Contract documents or caused by agents or employees of the City. 13. Cooperation with Utility Owners: Prior to the beginning of construction, the City will notify all utility owners known to have facilities affected by the construction of the project. The Contractor shall coordinate the schedule with the utility owners for the necessary adjustments of all affected public or private utility facilities. The utility adjustments may be made either before or after the beginning of construction of the project. The RFP 320-010922RP CONTRACTOR: _______________________________ Standard Form of Formal Contract and General Conditions Page 28 of 67 adjustments will be made by the utility owner or his representative or by the Contractor when such adjustments are part of the work covered by his Contract. The Contractor shall use special care in working around and near all existing utilities that are encountered during construction, protecting them where necessary so that they will give uninterrupted service. The Contractor shall call the agency concerned for location of all utilities and shall be responsible for any damage to existing utilities and structures resulting from his work around these utilities or structures. The Contractor shall cooperate with the utility owner, and/or the owner's representative in the adjustment or placement of utility facilities when such adjustment or placement is made necessary by the construction of the project or has been authorized by the City. In the event that utility services are interrupted by the Contractor, the Contractor shall promptly notify the owners and shall cooperate with the owners and/or the owner's representative in the restoration of service in the shortest time possible. Existing fire hydrants shall be kept accessible to fire department personnel at all times. Prior to submitting his bid, the Contractor shall make his own determination as to the nature and extent of the utility facilities, including proposed adjustments, new facilities, or temporary work to be performed by the utility owner or his representative; and as to whether or not any utility work is planned by the owner in conjunction with the project construction. The Contractor shall consider in his bid all of the permanent and temporary utility facilities in their present or relocated positions, whether or not specifically shown on the plans or covered in the project special provisions. It will be the Contractor's responsibility to anticipate any additional costs to him resulting from such utility work and to reflect these costs in his bid for the various items in the Contract. Where changes to utility facilities are to be made solely for the convenience of the Contractor, it shall be the Contractor's responsibility to arrange for such changes and the Contractor shall bear all costs of such changes. 14. Inspection of Work: The Engineer and his representatives shall at all times have access to the work wherever it is in preparation or progress and the Contractor shall provide facilities for such access and for inspection. If the specifications, the Engineer's instructions, laws, or ordinances or any public authority require any work to be specially tested or approved, the Contractor shall give the Engineer timely notice of its readiness for inspection. Inspections by the Engineer shall be promptly made, and where practicable at the source of supply. If any work should be covered up without approval or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination at the Contractor's expense. 15. Changes in Work: The City, without invalidating the Contract, may order extra work or make changes by altering, adding or deducting from the work, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions of the original Contract except that any claims for extension of time caused thereby shall be adjusted at the time ordering such changes, as mutually agreed upon by the City and Contractor. As long as additional work does not exceed original estimates, additional days will not be granted unless otherwise approved by the Director of Public Works. The value of any such extra work or change shall be determined by the unit prices named in the Contract, up to but not exceeding 25% of the original Contract total price. For extra work which exceeds 25% of the original Contract total, the value of any such extra work or change shall be determined in one or more of the following ways: (a) By estimate and acceptance of a lump sum. (b) By unit prices named in the Contract or subsequently agreed upon. (c) By cost and percentage or by cost and a fixed fee. 16. Conformity with Plans and Specifications: All work performed, and all materials furnished shall be in reasonably close conformity with the lines, grades, cross sections, dimensions, and material requirements, including tolerances, shown on the plans, or indicated in the specifications. RFP 320-010922RP CONTRACTOR: _______________________________ Standard Form of Formal Contract and General Conditions Page 29 of 67 In the event the Engineer finds the materials or the finished product in which the materials are used not within reasonably close conformity with the plans and specifications, but that reasonably acceptable work has been produced, he will then make a determination if the work is to be accepted and remain in place. If the Engineer agrees that the work is to be accepted, he will have the authority to make such adjustment in Contract price as he deems warranted based upon sound engineering judgment and the final estimate will be paid accordingly. In the event the Engineer finds the materials or the finished product in which the materials are used, or the work performed are not in reasonably close conformity with the plans and specifications and have resulted in an inferior or unsatisfactory product, the work or materials shall be removed and replaced or otherwise corrected by the Contractor at no cost to the City. 17. Liquidated Damages and Delays: a. Liquidated Damages. If the work cannot be completed within the time stipulated in the Contract, including any extensions of time for excusable delays as herein provided, the Contractor shall pay to the City of Rocky Mount, a fixed and agreed amount, as liquidated damages for each calendar day of delay, until the work is completed, the amount as set forth in the Contract and the Contractor and his sureties shall be liable to the City of Rocky Mount for the amount thereof. b. Excusable Delays. The right of the Contractor to proceed shall not be terminated nor shall the Contractor be charged with liquidated damages for any delays in the completion of the work due to: 1) Any act or omission of the City outside the scope of the Contract, including extra work; acts of God; unusually severe and abnormal weather conditions; acts of any other contractor in the performance of work for the City; or other conditions, events, or circumstances beyond the control and without the fault or negligence of the Contractor, which the Contractor could not have reasonably anticipated; or 2) Any delay of any Subcontractor occasioned by any of the causes specified in subparagraph (1) above. Provided, however, the Contractor shall provide written notice to the Engineer within ten (10) days from the occurrence, condition, event, or other cause which is claimed to have delayed the completion of the work. Such notice shall state what effect, if any, such occurrence, condition, event, or other cause is claimed to have upon the time for completing the Contract work, and shall state in what respects, if any, the Contract completion deadline should be revised, and the reasons therefore. No claim by the Contractor for an extension of time for completion shall be considered unless notice of such delay claim is given the City in accordance with the provisions of this subparagraph. c. No Damages for Delays. The City shall not be obligated or liable to the Contractor for, and the Contractor hereby expressly waives any claims against the City for, any damages, costs, or expenses of any nature occasioned by delays, work disruptions or interference, changes in work sequence, work suspension or rescheduling arising from any act or omission of the City outside the scope of the Contract, acts of God, unusually severe and abnormal weather conditions, or other causes beyond the Contractor’s control, it being understood and agreed that the Contractor’s sole and exclusive remedy in the event of his inability to achieve completion by the Contract deadline due to claimed delays shall be an extension of the Contract schedule, but only if a claim for such extension is properly made in accordance with the provisions of subparagraph (b) above. 18. Opening Sections of Project to Traffic: The City of Rocky Mount, at its election, may give notice to the Contractor and place in use those sections of the improvements which have been completed, inspected and can be accepted as complying with the technical specifications; and if, in its opinion, each such section is reasonably safe, fit, and convenient for the use and accommodations for which it was intended. On such sections which are open, the Contractor shall conduct the remainder of his operations to cause the least obstruction to traffic. The Contractor shall not be relieved of his liability or responsibility, shall not receive any additional compensation due to the added cost of the work, nor shall he receive any extension of the completion date, by reason of such openings. The Contractor shall not be responsible for any maintenance cost due directly to the use of such sections. The period of guarantee stipulated in Section 50 “Guarantee of Work,” shall not begin to run until the date "of release of final inspection punch list items" for all work which the RFP 320-010922RP CONTRACTOR: _______________________________ Standard Form of Formal Contract and General Conditions Page 30 of 67 Contractor is required to construct under this Contract. 19. City's Right to Do Work: If the Contractor should neglect to prosecute the work promptly or fail to perform any provisions of the Contract, the City, after 24 hours written notice to the Contractor, may without prejudice to any other remedy he may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor. 20. Correction of Work Before Final Payment: Before issuing final payment, the Contractor shall promptly remove from the premises all materials condemned by the Engineer as failing to conform with the Contract, whether incorporated in the work or not, and the Contractor shall promptly replace and re-execute his own work in accordance with the Contract and without expense to the City and shall bear the expense of making good all work of other Contractors destroyed or damaged by such removal or replacement. 21. Final Inspection, Clean Up and Project Final Acceptance: 21.1. Final Inspection a. When the improvements contained in this Contract are substantially completed, the Contractor shall notify the Engineer in writing that the work will be ready for final inspection on a definite date which shall be stated in the notice. The notice shall be given at least ten (10) days prior to the date stated for final inspection and bear the signed concurrence of the representative of the Engineer having charge of the inspection. If the Engineer determines that the status of the improvements is accurately represented, the Engineer will make the arrangements necessary to have the final inspection on the date stated in the notice, or soon thereafter as is practicable. The Final Inspection Team will include the Engineer's representatives and the Contractor. The Final Inspection Team may also include representatives of each department of the City of Rocky Mount as well as a representative of the North Carolina Department of Transportation. b. The Final Inspection Team, on the date agreed upon in 21.1(a), shall make a thorough visual inspection to ensure that the project is satisfactorily completed according to the plans and specifications of the Contract and that all clean-up work is complete. c. The Final Inspection Team, following the final inspection, shall prepare a written list of the deficient items and clean-up work that needs to be corrected before the issuance of the Final Acceptance Document. The list shall include a reasonable period of time, agreed upon with the Contractor, allowing for the completion of the deficient items and clean-up work. A copy of the list shall be mailed to the Contractor. 21.2. Clean Up Work: Clean up work shall include removal of resurfacing materials and debris, and trash in the medians, rights-of-way, and driveways of the project and intersecting streets. 21.3. Project Final Acceptance: The Contractor, after finishing all clean-up work and correction of all deficient items, shall notify the appropriate party on the Inspection Team to make a final inspection of the project. If the Final Inspection Team, during its inspection finds that the deficient items and clean-up work have been satisfactorily completed according to the terms of this Article and the contract specifications, then the Final Inspection Team recommends to the Engineer 's Representative to issue the Final Acceptance Document. 22. Payments to Contractor and Retainage: 22.1. Partial Payments a. Partial payment will be based upon progress estimates prepared by the Engineer once each month on the date established by the Engineer. b. Monthly or partial payments made by the City of Rocky Mount to the Contractor are monies paid on completed work for the purpose of assisting the Contractor to expedite the work of construction. The Contractor shall be responsible for the care and protection of all materials and work upon which payments have been made until final acceptance of such work and materials by the City of RFP 320-010922RP CONTRACTOR: _______________________________ Standard Form of Formal Contract and General Conditions Page 31 of 67 Rocky Mount. Such payments shall not constitute a waiver of the right of the City of Rocky Mount to require the fulfillment of all terms of the contract and the delivery of all improvements embraced in this contract complete and satisfactory to the City of Rocky Mount in all details. 22.2. Retainage: Retainage will be deducted in accordance with Section 17 of the General Conditions. 22.3. Final Payment a. After final inspection and acceptance by the City of Rocky Mount of all work under the contract, the Contractor shall prepare his requisition for final payment which shall be the sum of the Bid Unit Prices multiplied by the quantities actually issued or this sum adjusted by approved change orders less prior payments. Final payment request must be accompanied by the Final Payment Affidavit. b. The City of Rocky Mount before paying the final estimate may require the Contractor to furnish releases or receipts from all subcontractors having performed any work and all persons having supplied materials, equipment and services to the Contractor, if the City of Rocky Mount deems the same necessary in order to protect its interest. The City of Rocky Mount, however, may, if it deems such action advisable, make payment in part or in full to the Contractor without requiring the furnishing of such releases or receipts and any payments so made shall in no way impair the obligations of any surety or sureties furnished under the contract. c. Withholding of any amount due the City of Rocky Mount as "Liquidated Damages", shall be deducted from payments due to the Contractor. The City may withhold on account of subsequently discovered evidence, nullify whole or part of any certificate to such extent as may be necessary to project itself from loss on account of: a. Defective work not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims. c. Failure of the Contractor to make payments properly to Subcontractor or for materials or labor. d. A reasonable doubt that the Contract can be completed for the balance unpaid. e. Damage to another Contractor. 23. City's Right to Terminate Contract: If the Contractor should be adjudged as bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of insolvency, or if he should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he should fail to make prompt payment to Subcontractors or for material or labor, or persistently discharged laws, ordinances or the instructions of the Engineer, or otherwise be guilty of a substantial violation of any provision of the contract, then the City, upon the certificate of the Engineer that sufficient cause exists to justify such action, may without prejudice to any other right or remedy and after giving the Contractor seven days written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools, appliances, there and finish the work by whatever method it may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative services, such excess shall be paid to the Contractor. If such expense shall exceed the unpaid balance, the Contractor shall pay the difference to the City. The expense incurred by the owner as herein provided, and the damage incurred through the Contractor's default, shall be certified by the Engineer. 24. Contractor's Right to Stop Work or Terminate Contract: If the work should be stopped under an order of any Court, or other public authority, for a period of three months, through no act or fault of the Contractor or of anyone employed by him, then the Contractor may, upon seven days written notice to the Engineer, stop work RFP 320-010922RP CONTRACTOR: _______________________________ Standard Form of Formal Contract and General Conditions Page 32 of 67 or terminate this contract and recover from the City payment for all work executed and loss sustained upon any plant or materials and reasonable profit and damages. 25. Liability Insurance: The Contractor shall maintain such insurance as will protect him from claims under workman's compensation acts and such other insurance as will protect him and the City from any other claims for damages for property damage and personal injury, including death, which may arise from operations under this contract whether such operations be by himself, or by any subcontractor or anyone directly or indirectly employed by either of them. Certificates of insurance shall be filed with the City’s Purchasing Manager, if he so requires, and shall be subject to his approval for adequacy of protection. Policies of insurance coverage for personal liability and property damage shall be in shall be in accordance with Section 19 of the General Conditions and name the City of Rocky Mount as an additionally insured. 26. Care of Work: a. The Contractor shall be responsible for all damages to person or property that occur as a result of his fault or negligence in connection with the prosecution of the work and shall be responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance, whether or not the same has been covered in whole or in part by payments made by the City of Rocky Mount. b. In an emergency affecting the safety of life or property, including adjoining property, the Contractor, without special instructions or authorization is authorized to act at his discretion to prevent such threatened loss or injury and he shall so act. He shall likewise act if instructed to do so by the City of Rocky Mount. Any compensation claimed by the Contractor on account of such emergency work will be determined by the City of Rocky Mount as provided in Section 15 "CHANGES IN WORK". c. The Contractor shall avoid damage as a result of his operations to existing sidewalks, streets, curbs, pavements, utilities (except those which are to be replaced or removed), adjoining property, etc., and he shall at his own expense completely repair any damage thereto caused by his operations. d. The Contractor shall shore up, brace, underpin, secure, and protect as may be necessary, all foundations and other parts of existing structures adjacent to, adjoining, and in the vicinity of the site, which may be in any way affected by the excavations or other operations connected with the construction of the improvements embraced in this contract. The Contractor shall be responsible for the giving of any and all required notices to any adjoining or adjacent property owner or other party before the commencement of any work. The Contractor shall indemnify and save harmless the City of Rocky Mount from any damages on account of settlements or the loss of lateral support of adjoining property and from all loss or expense and all damages for which the City of Rocky Mount may become liable in consequence of such injury or damage to adjoi