2877-U_CC Coolers&Freezer_Bid Specs_8-24-26 Corrected.pdf

2877-U : 08-20-2026 00 00 00 - 1 COVER SHEET

CUMBERLAND COUNTY

CROWN COLISEUM

COOLER & FREEZER UPGRADE

1960 COLISEUM DR

FAYETTEVILLE, NC 28306

BID DOCUMENTS

AUGUST 2026

TWC PROJECT #: 2877-U

This page intentionally left blank

2877-U : 08-19-2026 00 01 05 - 1 Certifications Page

CERTIFICATIONS PAGE

A. Mechanical and Front End Specifications

I, Scott L. Ennis, P.E., hereby certify that Division 01, Division 02, Division 22, Division 23, and Division 00 of the, Cumberland County - Crown Coliseum - Coolers & Freezers Upgrade Project Manual were prepared by me or under my direct supervision.

B. Electrical Specifications

I, Robert Egan, P.E., hereby certify that Division 26 of the, Cumberland County - Crown Coliseum

- Coolers & Freezers Upgrade Project Manual were prepared by me or under my direct supervision.

END OF SECTION

Docusign Envelope ID: CB13EC38-0430-810A-81CB-FCB3D4937580

8/19/2026

8/19/2026

Cumberland County - Crown

Coliseum - Coolers - Freezers

Upgrade

TABLE OF CONTENTS 08-20-2026

TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 00 00 COVER SHEET 1

00 01 05 CERTIFICATIONS PAGE 1

00 11 13 ADVERTISEMENT FOR BIDS 1

00 42 00 PROPOSAL FORM 4

00 43 13 BID BOND (PENAL SUM FORM) 2

00 43 14 POWER OF ATTORNEY, BID BOND 1

00 43 16 MB FORMS 2

00 43 17 E-VERIFY 1

00 52 00 CONTRACT 3

00 61 14 PERFORMANCE BOND 4

00 61 16 PAYMENT BOND 4

00 72 00 GENERAL CONDITIONS 66

00 73 00 SUPPLEMENTARY GENERAL CONDITIONS 5

DIVISION 01 - GENERAL REQUIREMENTS

01 10 00 SUMMARY 2

01 20 00 PRICE AND PAYMENT PROCEDURES 2

01 21 00 ALLOWANCES 1

01 25 00 SUBSTITUTION PROCEDURES 2

01 30 00 ADMINISTRATIVE REQUIREMENTS 7

01 32 16 CONSTRUCTION PROGRESS SCHEDULE 2

01 40 00 QUALITY REQUIREMENTS 3

01 60 00 PRODUCT REQUIREMENTS 3

01 70 00 EXECUTION AND CLOSEOUT REQUIREMENTS 7

01 78 00 CLOSEOUT SUBMITTALS 4

DIVISION 02 - EXISTING CONDITIONS

02 41 00 DEMOLITION 1

Cumberland County - Crown

Coliseum - Coolers - Freezers

Upgrade

TABLE OF CONTENTS 08-20-2026

DIVISION 23 - HEATING, VENTILATING, AND AIR-CONDITIONING (HVAC)

23 05 13 COMMON MOTOR REQUIREMENTS FOR HVAC EQUIPMENT 2

23 05 29 HANGERS AND SUPPORTS FOR HVAC PIPING AND

EQUIPMENT

23 05 48 VIBRATION AND SEISMIC CONTROLS FOR HVAC 3

23 05 53 IDENTIFICATION FOR HVAC PIPING AND EQUIPMENT 2

23 05 93 TESTING, ADJUSTING, AND BALANCING FOR HVAC 2

23 07 19 HVAC PIPING INSULATION 4

23 21 13 HYDRONIC PIPING 4

23 23 00 REFRIGERANT PIPING 4

23 63 13 AIR COOLED REFRIGERANT CONDENSERS 3

23 82 19 FAN COIL UNITS (WALK-IN EVAPORATORS) 3

DIVISION 26 - ELECTRICAL

26 05 05 SELECTIVE DEMOLITION FOR ELECTRICAL 1

26 05 19 LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND

CABLES

26 05 26 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS 2

26 05 29 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS 4

26 05 33.13 CONDUIT FOR ELECTRICAL SYSTEMS 7

26 05 53 IDENTIFICATION FOR ELECTRICAL SYSTEMS 4

26 24 16 PANELBOARDS 5

2877-U : 08-20-2026 00 11 13 - 1 Advertisement for Bids

SECTION 00 11 13

ADVERTISEMENT FOR BIDS

INVITATION FOR BIDS

FOR

CUMBERLAND COUNTY ENGINEERING & INFRASTRUCTURE DEPARTMENT

Cumberland County - Crown Coliseum - Coolers & Freezers Upgrade, Fayetteville, North Carolina

Cumberland County

A pre-bid conference will be held at 3:00 PM on September 1, 2026, at 1960 Coliseum Dr, Fayetteville, NC 28306.

Pursuant to Section 143-131 of the General Statutes of North Carolina, formal bids are solicited and will be received in the office of the Cumberland County Engineering & Infrastructure

Department, Room 214, in the Historic Courthouse located at 130 Gillespie Street, Fayetteville, North Carolina at any time before 2:00 PM on 09-17-2026, per the clock in the Engineering office, and then publicly opened in the office of the Cumberland County Engineering & Infrastructure Department in the Historic Courthouse and read for construction of the proposed:

Bids must be enclosed in a sealed envelope addressed to Ms. Donna Rice, Engineering Project Manager, 130 Gillespie Street, Room 214, Fayetteville, NC 28301. The outside of the envelope must be marked “BID FOR Cumberland County - Crown Coliseum - Coolers & Freezers Upgrade" and shall indicate the name, address, telephone number and state license number of the bidder. Bids must be submitted on the printed form, or exact copies thereof, contained in the

Contract Documents.

A bid bond is required for this project.

Minority bidders are strongly encouraged to participate.

Cumberland County MWBE goal is 15%.

Performance and Payment Bonds are required.

All Contractors are notified that North Carolina Statutory provisions as to licensing for Contractors will be observed in receiving, reading and awarding of contracts.

Plans and specifications, including Contract Documents, are open to public inspection and available upon request at the Cumberland County Engineering & Infrastructure Department

Office, 130 Gillespie Street, Fayetteville, NC.

The County reserves the right to reject any or all bids. The bidder to whom the contract may be awarded must comply with the requirements of G.S. Section 143-131, as amended.

No bids may be withdrawn after the scheduled closing time for the receipt of proposals for a period of sixty (60) days.

2877-U : 08-20-2026 00 42 00 - 1 Proposal Form

SECTION 00 42 00

PROPOSAL FORM

The undersigned hereby signifies that it is (his or her) intention and purpose to enter into a contract to furnish labor, materials, equipment, apparatus, etc., as required and to do all the work necessary for the:

Cumberland County - Crown Coliseum - Coolers & Freezers Upgrade as described in the specifications and shown on the plans in accordance with the terms of the Advertisement, Instructions to Bidders, the foregoing Specifications, and the following form of Contract, and this Proposal and the Plans; and pursuant with the requirements of the Advertisement and Instructions to bidders which are as follows:

THAT: The undersigned carefully examined the Instructions to Bidders, the Specifications, Plans, this form of Proposal, and the Contract and Fully understands them.

THAT: The undersigned carefully examined the site or sites of the project or projects and is familiar with the conditions under which the work, or any part of it, is to be done and the conditions which must be fulfilled in furnishing and/or erection or construction of any or all items of the project, and the furnishing only of any materials, equipment, or apparatus specified in connection therewith.

THAT: The undersigned will provide all necessary tools, machinery apparatus, and all means necessary to complete such Contract as may be entered into, and in the manner prescribed in the Contract and Specifications and according to the Plans and requirements under the of the Engineer, in the first class manner.

THAT: The right of Cumberland County and the recommendations of the Engineer are not to be questioned in the award of the Contract.

THAT: It is the intention of Cumberland County, North Carolina, subject to the conditions set forth, to award contracts for the project on the basis of bids received at this letting and in such manner as they may decide as being in the best interests of the County.

THAT: The County reserves the right to reject any of all proposals.

THAT: A proposal made by a corporation must be signed by its proper officers in a legal manner and its official address stated herein.

THAT: A proposal made by a firm shall be signed with the name of each member of said firm and the firm name added, with the official address of said firm.

THAT: The undersigned will complete such contract as is hereby proposed to enter into within the time stated in the notice to proceed and stipulated in the Contract.

THAT: The Bidder acknowledges receipt of the following Addendum (write in addendum #'s):

THAT: The Contractor agrees to furnish all materials, labor and equipment and to install complete in place the work in accordance with the Plans and Specifications for the lump sum of:

Proposal Form 00 42 00 - 2 2877-U

BASE BID:

_______________________________________________________Dollars ($____________).

ALTERNATE 1:

_______________________________________________________Dollars ($____________).

Total Bid ($____________).

Submitted, this _________day of __________________, 2026.

CONTRACTOR

By: ________________________________________ (Signature of Person, Firm or Corporation making Bid)

Title: ____________________________________________

Address: _________________________________________

Attest: _________________________

License No. ______________________________________

Phone: __________________________________________

2877-U : 08-20-2026 00 42 00 - 3 Proposal Form

INSTRUCTIONS ON PROPER SIGNING

If Contractor is an individual, sign on first line only and designate trade name below first line, thus:

________________John Jones_____________ (Seal)

Trading as [Type of Company Name Here]

If Contractor is a partnership, sign partnership name on first line; have at least one general (not limited) partner sign on second line, and put his designation as partner on third line, thus:

_________JONES PAVING COMPANY ____(Seal) By:___________John Jones_____________ (Seal)

Title: ___________General Contractor________

If Contractor is a corporation, sign corporate name on first line (exactly as such name appears on the corporate seal); have the President or Vice-President sign on second line, put his title on third line, have the Secretary or Assistant Secretary sign on the left "ATTEST" line (adding the word "Assistant before the word "Secretary", if the Assistant Secretary is signing), and imprint corporate seal above the word "Attest", thus:

_________JONES PAVING COMPANY ____(Seal) (Corporate Seal) ___________John Jones_____________

(Seal) Title: ___________President________

ATTEST:

____Thomas Jones_____

Assistant Secretary

2877-U : 08-20-2026 00 43 13 - 1 Bid Bond (Penal Sum Form) 2018 EJCDC® C-430, Bid Bond (Penal Sum Form)

BID BOND (PENAL SUM FORM)

Contractor Name: Contractor's Legal Name Address (principal place of business) Contractor's Address Contractor's City, State, Zip Code

Surety Name:

Address (principal place of business):

Owner Name: Cumberland County Address (principal place of business):

130 Gillespie St, Fayetteville, NC 28301

Contract Description (name and location) Cumberland County - Crown Coliseum - Coolers & Freezers Upgrade 1960 Coliseum Dr.

Fayetteville, NC 28306 Contract Price: Contract Price Effective Date of Contract: Date of Contract

Bond Bond Amount:

Date of Bond:

(date of Bond cannot be earlier than Effective Date of Contract) Modifications to this Bond Form None See Paragraph 16 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth in this Performance Bond, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative.

Contractor as Principal

(Full formal name of Contractor)

By:

(Signature)

Name:

(Printed or typed)

Title:

Attest:

(Signature)

Name:

(Printed or typed)

Title:

Surety

(Full formal name of Surety) (corporate seal)

(Signature) (Attach Power of Attorney)

Name:

(Printed or typed)

Title:

Attest:

(Signature)

Name:

(Printed or typed)

Title:

Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party is considered plural where applicable.

Bid Bond (Penal Sum Form) 00 43 13 - 2 2877-U : 08-20-2026 2018 EJCDC® C-430, Bid Bond (Penal Sum Form)

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond will be Owner’s sole and exclusive remedy upon default of Bidder.

2. Default of Bidder occurs upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.

3. This obligation will be null and void if:

1. Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or

2. All Bids are rejected by Owner, or

3. Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions does not in the aggregate exceed 120 days from the Bid due date without Surety’s written consent.

6. No suit or action will be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety, and in no case later than one year after the Bid due date.

7. Any suit or action under this Bond will be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder must be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Postal Service registered or certified mail, return receipt requested, postage pre-paid, and will be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond will be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute governs and the remainder of this Bond that is not in conflict therewith continues in full force and effect.

11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable.

2877-U : 08-20-2026 00 43 14 - 1 Power of Attorney, Bid Bond

SECTION 00 43 14

POWER OF ATTORNEY, BID BOND

PAGE FOR ATTACHING

BID BOND

POWER OF ATTORNEY

END OF SECTION

2877-U : 08-20-2026 00 43 16 - 1 MB Forms

Attach to bid Attach to bid Attach to bid Attach to bid Attach to bid Attach to bid Attach to bid Attach to bid Attach to bid

Identification of HUB Certified/ Minority Business Participation

I, , (Name of Bidder) do hereby certify that on this project, we will use the following HUB Certified/ minority business as construction subcontractors, vendors, suppliers or providers of professional services.

Firm Name, Address and Phone # Work Type *Minority **HUB

Category Certified

(Y/N)

MB Forms 00 43 16 - 2 2877-U

*Minority categories: Black, African American (B), Hispanic (H), Asian American (A) American Indian (I), Female (F) Socially and Economically Disadvantaged (D)

** HUB Certification with the state HUB Office required to be counted toward state participation goals.

The total value of minority business contracting will be ($) .

Attach to bid Attach to bid Attach to bid Attach to bid Attach to bid Attach to bid Attach to bid Attach to bid Attach to bid

State of North Carolina AFFIDAVIT A – Listing of Good Faith Efforts

County of

(Name of Bidder)

Affidavit of

I have made a good faith effort to comply under the following areas checked:

Bidders must earn at least 50 points from the good faith efforts listed for their bid to be considered responsive. (1 NC Administrative Code 30 I.0101)

1 – (10 pts) Contacted minority businesses that reasonably could have been expected to submit a quote and that were known to the contractor, or available on State or local government maintained lists, at least 10 days before the bid date and notified them of the nature and scope of the work to be performed.

2 --(10 pts) Made the construction plans, specifications and requirements available for review by prospective minority businesses, or providing these documents to them at least 10 days before the bids are due.

3 – (15 pts) Broken down or combined elements of work into economically feasible units to facilitate minority participation.

4 – (10 pts) Worked with minority trade, community, or contractor organizations identified by the Office of Historically Underutilized Businesses and included in the bid documents that provide assistance in recruitment of minority businesses.

5 – (10 pts) Attended prebid meetings scheduled by the public owner.

6 – (20 pts) Provided assistance in getting required bonding or insurance or provided alternatives to bonding or insurance for subcontractors.

7 – (15 pts) Negotiated in good faith with interested minority businesses and did not reject them as unqualified without sound reasons based on their capabilities. Any rejection of a minority business based on lack of qualification should have the reasons documented in writing.

8 – (25 pts) Provided assistance to an otherwise qualified minority business in need of equipment, loan capital, lines of credit, or joint pay agreements to secure loans, supplies, or letters of credit, including waiving credit that is ordinarily required. Assisted minority businesses in obtaining the same unit pricing with the bidder's suppliers in order to help minority businesses in establishing credit.

9 – (20 pts) Negotiated joint venture and partnership arrangements with minority businesses in order to increase opportunities for minority business participation on a public construction or repair project when possible.

10 - (20 pts) Provided quick pay agreements and policies to enable minority contractors and suppliers to meet cash-flow demands.

The undersigned, if apparent low bidder, will enter into a formal agreement with the firms listed in the Identification of Minority Business Participation schedule conditional upon scope of contract to be executed with the Owner. Substitution of contractors must be in accordance with GS143-128.2(d) Failure to abide by this statutory provision will constitute a breach of the contract.

The undersigned hereby certifies that he or she has read the terms of the minority business commitment and is authorized to bind the bidder to the commitment herein set forth.

Date: Name of Authorized Officer:

Signature:

(SEAL) Title:

State of______________, County of Subscribed and sworn to before me this day of 20 Notary Public My commission expires

Attach to bid Attach to bid Attach to bid Attach to bid Attach to bid Attach to bid Attach to bid Attach to bid Attach to bid

State of North Carolina --AFFIDAVIT B-- Intent to Perform Contract with Own Workforce.

County of

Affidavit of

(Name of Bidder)

I hereby certify that it is our intent to perform 100% of the work required for the contract.

(Name of Project)

In making this certification, the Bidder states that the Bidder does not customarily subcontract elements of this type project, and normally performs and has the capability to perform and will perform all elements of the work on this project with his/her own current work forces; and

The Bidder agrees to provide any additional information or documentation requested by the owner in support of the above statement. The Bidder agrees to make a Good Faith Effort to utilize minority suppliers where possible.

The undersigned hereby certifies that he or she has read this certification and is authorized to bind the Bidder to the commitments herein contained.

Date: Name of Authorized Officer:

Signature:

(SEAL)

State of , County of Subscribed and sworn to before me this day of 20 Notary Public

Do not submit with bid Do not submit with bid Do not submit with bid Do not submit with bid Do not submit with bid Do not submit with bid

State of North Carolina - AFFIDAVIT C - Portion of the Work to be

Performed by HUB Certified/Minority Businesses

County of

(Note this form is to be submitted only by the apparent lowest responsible, responsive bidder.)

If the portion of the work to be executed by HUB certified/minority businesses as defined in GS143- 128.2(g) and 128.4(a),(b),(e) is equal to or greater than 10% of the bidders total contract price, then the bidder must complete this affidavit.

This affidavit shall be provided by the apparent lowest responsible, responsive bidder within 72 hours after notification of being low bidder.

Affidavit of I do hereby certify that on the

(Name of Bidder)

(Project Name)

Project ID# Amount of Bid $

I will expend a minimum of % of the total dollar amount of the contract with minority business enterprises. Minority businesses will be employed as construction subcontractors, vendors, suppliers or providers of professional services. Such work will be subcontracted to the following firms listed below.

Attach additional sheets if required

Name and Phone Number *Minority Category

**HUB

Certified

Y/N

Work

Description

Dollar Value

*Minority categories: Black, African American (B), Hispanic (H), Asian American (A) American Indian (I), Female (F) Socially and Economically Disadvantaged (D)

** HUB Certification with the state HUB Office required to be counted toward state participation goals.

Pursuant to GS143-128.2(d), the undersigned will enter into a formal agreement with Minority Firms for work listed in this schedule conditional upon execution of a contract with the Owner. Failure to fulfill this commitment may constitute a breach of the contract.

The undersigned hereby certifies that he or she has read the terms of this commitment and is authorized to bind the bidder to the commitment herein set forth.

Date: Name of Authorized Officer:

Signature:

Title:

(SEAL)

State of , County of Subscribed and sworn to before me this day of 20 Notary Public

Do not submit with bid Do not submit with bid Do not submit with bid Do not submit with bid Do not submit with bid Do not submit with bid

State of North Carolina AFFIDAVIT D – Good Faith Efforts

County of (Note this form is to be submitted only by the apparent lowest responsible, responsive bidder.)

If the goal of 10% participation by HUB Certified/ minority business is not achieved, the Bidder shall provide the following documentation to the Owner of his good faith efforts:

Affidavit of I do hereby certify that on the

(Name of Bidder)

(Project Name)

Project ID# Amount of Bid $

I will expend a minimum of % of the total dollar amount of the contract with HUB certified/ minority business enterprises. Minority businesses will be employed as construction subcontractors, vendors, suppliers or providers of professional services. Such work will be subcontracted to the following firms listed below. (Attach additional sheets if required)

Name and Phone Number *Minority Category

**HUB

Certified

Y/N

Work

Description

Dollar Value

*Minority categories: Black, African American (B), Hispanic (H), Asian American (A) American Indian (I), Female (F) Socially and Economically Disadvantaged (D)

** HUB Certification with the state HUB Office required to be counted toward state participation goals.

Examples of documentation that may be required to demonstrate the Bidder's good faith efforts to meet the goals set forth in these provisions include, but are not necessarily limited to, the following:

A. Copies of solicitations for quotes to at least three (3) minority business firms from the source list provided by the State for each subcontract to be let under this contract (if 3 or more firms are shown on the source list). Each solicitation shall contain a specific description of the work to be subcontracted, location where bid documents can be reviewed, representative of the Prime Bidder to contact, and location, date and time when quotes must be received.

B. Copies of quotes or responses received from each firm responding to the solicitation.

C. A telephone log of follow-up calls to each firm sent a solicitation.

D. For subcontracts where a minority business firm is not considered the lowest responsible sub-bidder, copies of quotes received from all firms submitting quotes for that particular subcontract.

E. Documentation of any contacts or correspondence to minority business, community, or contractor organizations in an attempt to meet the goal.

F. Copy of pre-bid roster

G. Letter documenting efforts to provide assistance in obtaining required bonding or insurance for minority business.

H. Letter detailing reasons for rejection of minority business due to lack of qualification.

I. Letter documenting proposed assistance offered to minority business in need of equipment, loan capital, lines of credit, or joint pay agreements to secure loans, supplies, or letter of credit, including waiving credit that is ordinarily required.

Failure to provide the documentation as listed in these provisions may result in rejection of the bid and award to the next lowest responsible and responsive bidder.

Pursuant to GS143-128.2(d), the undersigned will enter into a formal agreement with Minority Firms for work listed in this schedule conditional upon execution of a contract with the Owner. Failure to fulfill this commitment may constitute a breach of the contract.

Do not submit with bid Do not submit with bid Do not submit with bid Do not submit with bid Do not submit with bid Do not submit with bid

The undersigned hereby certifies that he or she has read the terms of this commitment and is authorized to bind the bidder to the commitment herein set forth.

Date: Name of Authorized Officer:

Signature:

(SEAL) Title:

State of , County of Subscribed and sworn to before me this day of 20

2877-U : 08-20-2026 00 43 16 - 3 MB Forms

Notary Public

2877-U : 08-20-2026 00 43 17 - 1 E-Verify

STATE OF NORTH CAROLINA

AFFIDAVIT

COUNTY OR MUNICIPALITY

I, ______________________________ (the individual attesting below), being duly authorized by and on behalf of ________________________________ (the entity bidding on project hereinafter “Employer”) after first being duly sworn hereby swears or affirms as follows:

1. Employer understands that E-Verify is the federal E-Verify program operated by the

United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law in accordance with NCGS §64-25(5).

2. Employer understands that Employers Must Use E-Verify. Each employer, after hiring an employee to work in the United States, shall verify the work authorization of the employee through E-Verify in accordance with NCGS§64-26(a).

3. Employer is a person, business entity, or other organization that transacts business in this State and that employs 25 or more employees in this State. (mark Yes or No)

a. YES ______, or

b. NO _______

4. Employer’s subcontractors comply with E-Verify, and if Employer is the winning bidder on this project Employer will ensure compliance with E-Verify by any subcontractors subsequently hired by Employer.

This ______ day of _______________, 20 .

Signature of Affiant Print or Type Name: _________________________

State of North Carolina County of __________________

Signed and sworn to (or affirmed) before me, this the ______ day of __________________, 20 .

My Commission Expires:

Notary Public

(Affix Official Notarial Seal)

2877-U : 08-25-2026 00 52 00 - 1 Contract

SECTION 00 52 00

CONTRACT

THIS CONTRACT, made the ____ day of September, 2026 between the County of Cumberland, a body politic and a subdivision of the State of North Carolina, hereinafter referred to as COUNTY, and To Be Determined, a business located at 5995 Chapel Hill Road, Suite 101, Raleigh NC hereinafter referred to as CONTRACTOR.

WITNESSETH:

THAT WHEREAS, a contract for CROWN COLISEUM COOLERS & FREEZERS UPGRADES has recently been awarded to CONTRACTOR by the COUNTY, at and for a sum of: CONTRACT PRICE ($Contract Price) as shown in the Proposal attached hereto:

AND WHEREAS, it is provided in said award that a formal contract would be executed by and between CONTRACTOR and the COUNTY, evidencing the terms of said award, and that CONTRACTOR would commence the work to be performed under this agreement on a date to be specified in a written order by the COUNTY, and would fully complete all work within 210 consecutive calendar days from the date the Notice to Proceed is issued, unless sooner terminated or extended by mutual agreement. The COUNTY may terminate this Agreement prior to the expiration of the above stated period if in the judgment of the COUNTY, The CONTRACTOR has completed all services required.

The CONTRACTOR failed or neglected to furnish or perform the necessary services to the reasonable satisfaction of the COUNTY.

The COUNTY shall have given the CONTRACTOR seven (7) days written notice of the COUNTY’s intent to terminate this Agreement. The COUNTY will make all payments due the CONTRACTOR for services rendered and/or expenses actually incurred up to and including the date of such notice of termination.

NOW, THEREFORE, CONTRACTOR doth hereby covenant and agree with the COUNTY that it will well and faithfully perform and execute such work and furnish such labor, materials, equipment, apparatus, and supplies, in accordance with each and every one of the conditions, covenants, stipulations, terms, and provisions contained in said Specifications and in accordance with the Plans, at and for a sum named therefore in the Proposal attached hereto, and will well and faithfully comply with and perform each and every obligation imposed upon it by said Plans and Specifications and the terms of said award.

CONTRACTOR shall promptly make payments to all persons supplying materials in the prosecution of the work, and to all laborers and others employed thereon.

Contract 00 52 00 - 2 2877-U

CONTRACTOR shall be responsible for all damages to the property of Cumberland County and other utilities that may be consequent upon the normal procedure of its work or that may be caused by or result from the negligence of the CONTRACTOR, its employees or agents, during the progress of or connected with the prosecution of the work, whether within the limits of the work or elsewhere. CONTRACTOR must restore all property so injured to a condition as good as it was when CONTRACTOR entered upon the work.

CONTRACTOR shall furthermore be responsible for and required to make good at its expense any and all damages of whatever nature to persons or property, arising during the period of the Contract, caused by carelessness, neglect, or want of due precaution on the part of the CONTRACTOR, its agents, employees or workmen. CONTRACTOR shall also indemnify and save harmless the COUNTY, and the officers and agents thereof from all claims, suits, and proceedings of every name and description which may be brought against the COUNTY, or the officers and agents thereof, for or on account of any injuries or damages to persons or property received or sustained by any person or persons, firm or corporation, or by or in consequence of any materials used in said work or by or on account of any improper material or workmanship in its construction, or by or on account of any accident, or any other act or omission of CONTRACTOR, its agents, employees, servants, or workmen.

It is agreed and understood that the Advertisement for Bids, Instructions To Bidders, the General Conditions, the Specifications, the accepted Proposal, and the enumerated addenda and drawings are parts and parcels of this Contract, to the same extent as if incorporated herein in full.

It is further mutually agreed that, if at any time after the execution of this agreement and if required, the surety bond hereto attached for its faithful performance, the COUNTY shall deem the surety or sureties upon such bond to be unsatisfactory, or if, for any reason, such bond ceases to be adequate to cover the performance of the work, CONTRACTOR shall at its expense, within five days after the receipt of notice from the COUNTY so to do, furnish an additional bond or bonds in such form and amount, and with such surety or sureties as shall be satisfactory to the COUNTY.

In such event no further payment to CONTRACTOR shall be deemed to be due under this agreement until new or additional security for the performance of the work shall be furnished in manner and form satisfactory to the COUNTY.

And the COUNTY doth hereby covenant and agree with CONTRACTOR that it will pay to CONTRACTOR, when due and payable under the terms of said Specifications and said award, the above-mentioned sum, and that it will well and faithfully comply with and perform each and every obligation imposed upon it by said Specifications and the terms of said award.

CONTRACTOR shall upon completion of all work awarded under this Contract, furnish to the COUNTY, invoices or copies of invoices for all materials purchased for said work and such invoices shall state the amount of North Carolina sales tax paid for said materials. CONTRACTOR shall furnish the COUNTY an affidavit certifying the total costs of materials purchased for all work performed under the Contract and the total amount of North Carolina sales tax paid for said materials.

NON-APPROPRIATION CLAUSE: This agreement is subject to and contingent upon appropriation of funds for current and subsequent fiscal years.

2877-U : 08-25-2026 00 52 00 - 3 Contract

E-VERIFY. CONTRACTOR shall comply with the requirements of Article 2 of Chapter 64 of the General Statutes. Further, if CONTRACTOR utilizes a subcontractor, CONTRACTOR shall require the subcontractor to comply with the requirements of Article 2 of Chapter 64 of the General Statutes.

IRAN DIVESTMENT ACT CERTIFICATION. Contractor hereby certifies that Contractor, and all subcontractors, are not on the Iran Final Divestment List (“List”) created by the North Carolina State Treasurer pursuant to N.C.G.S. 147-86.55-69. Contractor shall not utilize any subcontractor that is identified on the List.

Whenever used herein, the singular shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders as the context may require.

IN TESTIMONY WHEREOF, CONTRACTOR and the COUNTY have duly signed and sealed this Contract.

(Imprint corporate seal below this line)

ATTEST: By: _______________________________________

_________________________________ Title: ______________________________________

ATTEST: COUNTY OF CUMBERLAND

Kirk deViere, Chairman

This instrument has been Pre-audited in the manner

Required by the local Government Budget and

Fiscal Control Act.

County Finance Office

Approved for Legal Sufficiency upon formal execution by all parties

County Attorney’s Office

2877-U : 08-20-2026 00 61 14 - 1 Performance Bond 2018 EJCDC® C-610, Performance Bond.

PERFORMANCE BOND

Contractor Name: Contractor's Legal Name Address (principal place of business) Contractor's Address Contractor's City, State, Zip Code

Surety

Description (name and location) Cumberland County - Crown Coliseum - Coolers & Freezers Upgrade 1960 Coliseum Dr.

Fayetteville, NC 28306 Contract Price: Contract Price Effective Date of Contract: Date of Contract

Bond Bond Amount:

Date of Bond:

(date of Bond cannot be earlier than Effective Date of Contract) Modifications to this Bond Form None See Paragraph 16 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth in this Performance Bond, do each cause this Performance Bond to be duly executed by an authorized officer, (Signature)

Name:

(Printed or typed)

Title:

Attest:

(Signature)

Name:

(Printed or typed)

(Signature) (Attach Power of Attorney)

Name:

(Printed or typed)

Title:

Attest:

(Signature)

Name:

(Printed or typed)

Title:

Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party is considered plural where applicable.

Performance Bond 00 61 14 - 2 08-20-2026 : 2877-U

1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference.

2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3.

3. If there is no Owner Default under the Construction Contract, the Surety’s obligation under this Bond will arise after:

3.1. The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice may indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor’s performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner’s notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 will be held within ten (10) business days of the Surety’s receipt of the Owner’s notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement does not waive the Owner’s right, if any, subsequently to declare a Contractor Default;

3.2. The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and

3.3. The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.

4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 does not constitute a failure to comply with a condition precedent to the Surety’s obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice.

5. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety’s expense take one of the following actions:

5.1. Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract;

5.2. Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors;

5.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or

5.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances:

2877-U : 08-20-2026 00 61 14 - 3 Performance Bond

5.4.1. After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or

5.4.2. Deny liability in whole or in part and notify the Owner, citing the reasons for denial.

6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment, or the Surety has denied liability, in whole or in part, without further notice, the Owner shall be entitled to enforce any remedy available to the Owner.

7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner will not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety will not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for:

7.1. the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract;

7.2. additional legal, design professional, and delay costs resulting from the Contractor’s Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and

7.3. liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor.

8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety’s liability is limited to the amount of this Bond.

9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price will not be reduced or set off on account of any such unrelated obligations. No right of action will accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns.

10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations.

11. Any proceeding, legal or equitable, under this Bond must be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and must be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit will be applicable.

12. Notice to the Surety, the Owner, or the Contractor must be mailed or delivered to the address shown on the page on which their signature appears.

13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement will be deemed deleted therefrom and provisions conforming to such statutory or other legal requirement will be deemed incorporated herein. When so furnished, the intent is that this Bond will be construed as a statutory bond and not as a common law bond.

14. Definitions

Performance Bond 00 61 14 - 4 08-20-2026 : 2877-U

14.1. Balance of the Contract Price—The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract.

14.2. Construction Contract—The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents.

14.3. Contractor Default—Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract.

14.4. Owner Default—Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract.

14.5. Contract Documents—All the documents that comprise the agreement between the Owner and Contractor.

15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond will be deemed to be Subcontractor and the term Owner will be deemed to be Contractor.

16. Modifications to this Bond are as follows : None

2877-U : 08-20-2026 00 61 16 - 1 Payment Bond 2018 EJCDC® C-615, Payment Bond.

PAYMENT BOND

Contractor Name: Contractor's Legal Name Address (principal place of business) Contractor's Address Contractor's City, State, Zip Code

Surety

Description (name and location):

Cumberland County - Crown Coliseum - Coolers & Freezers Upgrade 1960 Coliseum Dr.

Fayetteville, NC 28306 Contract Price: Contract Price Effective Date of Contract: Date of Contract

Bond Bond Amount:

Date of Bond:

(date of Bond cannot be earlier than Effective Date of Contract) Modifications to this Bond Form None See Paragraph 18 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth in this Performance Bond, do each cause this Performance Bond to be duly executed by an authorized officer, (Signature)

Name:

(Printed or typed)

Title:

Attest:

(Signature)

Name:

(Printed or typed)

(Signature) (Attach Power of Attorney)

Name:

(Printed or typed)

Title:

Attest:

(Signature)

Name:

(Printed or typed)

Title:

Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party is considered plural where applicable.

Payment Bond 00 61 16 - 2 2877-U : 08-20-2026

1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms.

2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens, or suits by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond.

3. If there is no Owner Default under the Construction Contract, the Surety’s obligation to the Owner under this Bond will arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 13) of claims, demands, liens, or suits against the Owner or the Owner’s property by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, and tendered defense of such claims, demands, liens, or suits to the Contractor and the Surety.

4. When the Owner has satisfied the conditions in Paragraph 3, the Surety shall promptly and at the Surety’s expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit.

5. The Surety’s obligations to a Claimant under this Bond will arise after the following:

5.1. Claimants who do not have a direct contract with the Contractor

5.1.1. have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and

5.1.2. have sent a Claim to the Surety (at the address described in Paragraph 13).

5.2. Claimants who are employed by or have a direct contract with the Contractor have sent a Claim to the Surety (at the address described in Paragraph 13).

6. If a notice of non-payment required by Paragraph 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant’s obligation to furnish a written notice of non-payment under Paragraph 5.1.1.

7. When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety’s expense take the following actions:

7.1. Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and

7.2. Pay or arrange for payment of any undisputed amounts.

7.3. The Surety’s failure to discharge its obligations under Paragraph 7.1 or 7.2 will not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement.

If, however, the Surety fails to discharge its obligations under Paragraph 7.1 or 7.2, the Surety

2877-U : 08-20-2026 00 61 16 - 3 Payment Bond shall indemnify the Claimant for the reasonable attorney’s fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.

8. The Surety’s total obligation will not exceed the amount of this Bond, plus the amount of reasonable attorney’s fees provided under Paragraph 7.3, and the amount…