50194091 - Cliffdale Library Boiler Replacement - Spec.pdf

Cumberland County

Cliffdale Library

Boiler Replacement

Dewberry Project No. 50194091

PROJECT MANUAL

PREPARED FOR:

Engineering Department

130 Gillespie Street

Fayetteville, NC 28301

October 7, 2026

PREPARED BY:

Dewberry Engineers, Inc.

2610 Wycliff Road

Suite 410

Raleigh, NC 27607

Phone: 919.881.9939

Fax: 919.881.9923 www.dewberry.com

NC License No.: F-0929 10/07/2026 10/07/2026

Docusign Envelope ID: BA62D07C-0566-83AC-82E8-2AF9FB156B34 http://www.dewberry.com/

Cliffdale Library Boiler Replacement

TABLE OF CONTENTS

DIVISION 00 - BIDDING & CONTRACT REQUIREMENTS

Invitation for Bids

Bid Form

Bid Bond Form

Owner / Contractor Agreement Form

Substitution Request

General and Supplementary Conditions

DIVISION 01 - GENERAL REQUIREMENTS

Section 01 11 00 Summary of Work

Section 01 14 00 Work Restrictions

Section 01 21 00 Allowances

Section 01 23 00 Alternates

Section 01 25 00 Substitutions Procedures

Section 01 26 00 Modification Procedures

Section 01 26 13 Request for Information

Section 01 29 00 Payment Procedures

Section 01 31 00 Project Management & Coordination

Section 01 32 00 Construction Progress Documentation

Section 01 32 16 Construction Schedules and Reports

Section 01 33 00 Submittals

Section 01 52 00 Construction Facilities

Section 01 77 00 Closeout Procedures

Section 01 77 19 Closeout Requirements

Section 01 78 36 Warranties

Section 01 79 00 Demonstration and Training

DIVISION 23 - HEATING, VENTILATION, AND AIR CONDITIONING

Section 23 00 10 HVAC Summary

Section 23 01 00 HVAC General Work Requirements

Section 23 05 11 HVAC Electrical Provisions

Section 23 05 13 HVAC Equipment Motors

Section 23 05 14 Variable Speed Controllers

Section 23 05 19 Piping and Piped Equipment Insulation

Section 23 05 29 Hangers and Supports

Section 23 05 53 HVAC Systems Identification

Section 23 05 55 HVAC Piping Systems Flushing and Testing

Section 23 05 93 Testing, Adjusting, and Balancing

Section 23 07 19 Piping and Piped Equipment Insulation

Section 23 21 13 Hydronic Piping

Section 23 21 16 Hydronic Piping Specialties

Section 23 21 19 Hydronic Piping Valves

Section 23 21 23 Hydronic Pumps

Section 23 52 16 Condensing Boilers

Section 23 90 00 BAS General Requirements

Section 23 90 10 BAS Instrumentation

Section 23 90 20 BAS Field Controllers

DIVISION 26 - ELECTRICAL

Section 26 01 00 Basic Electrical Requirements

Section 26 05 00 Basic Electrical Materials and Methods

Section 26 05 19 Conductors and Cables

Section 26 05 26 Grounding and Bonding

Section 26 05 29 Hangers and Supports

Section 26 05 33 Raceways and Boxes

Section 26 05 53 Identification for Electrical Systems

Section 26 27 26 Wiring Devices

Section 26 28 13 Fuses

Section 26 28 16 Enclosed Switches and Circuit Breakers

Advertisement for Bids 00 01 10-1

INVITATION FOR BID

CUMBERLAND COUNTY

ENGINEERING & INFRASTRUCTURE DEPARTMENT

CLIFFDALE LIBRARY BOILER REPLACEMENT

FAYETTEVILLE, NORTH CAROLINA

Cumberland County, North Carolina

Project scope: Replacement of HVAC boiler, pumps, and control system in Cliffdale Library building. Replacement includes upgrade to condensing boiler with new vent and combustion air duct, piping modifications, conversion to primary/secondary pumping system, building automation system heating hot water and chilled water system controller replacement with BACnet integration to existing enterprise system, and additional to support installation to meet project drawings and specifications.

A mandatory attendance pre-bid conference will be held at 2:00 PM ON WEDNESDAY, OCTOBER 14TH, 2026, at the Cliffdale Library at 6882 Cliffdale Rd, Fayetteville, NC 28314.

Pursuant to Section 143-131 of the General Statutes of North Carolina, informal 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 as per the clock located in the Engineering office on

WEDNESDAY, NOVEMBER 4TH, 2026. It is the sole responsibility of the vendor to ensure that the bid reaches the destination listed above by the designated time and hour. Bids received after the specified date and time will be rejected. Bids will be publicly opened in the office of the

Cumberland County Engineering & Infrastructure Department in the Historic Courthouse and read for construction of the proposed.

The Engineering Department encourages all questions to be submitted to Engineering Project

Manager, Abu Farrakhan, via email at afarrakhan@cumberlandcountync.gov with the subject

“Cliffdale Boiler Replacement” before the conference such that adequate responses may be provided. Individual telephone responses are discouraged. All questions will be fielded at the pre-bid conference.

The project Designer or Designer’s representative will be available at the pre-bid to answer questions.

Dewberry Engineers Inc. Weston Hockaday.

Bids must be enclosed in a sealed envelope addressed to Mr. Abu Farrakhan, Project Manager, 130 Gillespie Street, Room 214, Fayetteville, NC 28301. The outside of the envelope must be marked “BID FOR CLIFFDALE BOILER REPLACEMENT” 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.

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.

mailto:afarrakhan@cumberlandcountync.gov

Advertisement for Bids 00 01 10-2

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

Department Office, 130 Gillespie Street, Fayetteville, NC.

All addendums and/or corrections will be sent by email to vendors who submit an intent to bid and be posted to the Cumberland County Vendor Self Service site https://ccmunis.co.cumberland.nc.us/vss/Vendors/VBids/Default.aspx.

PROHIBITED COMMUNICATION: Each vendor submitting a bid, including its representatives, subcontractors, and suppliers, is prohibited from having any communication with any employees or members of the board of commissioners of the County except those employees of the Engineering Department as designated in this invitation for bid. A vendor who does not comply with this provision may be disqualified from award of a contract.

!IMPORTANT INFORMATION! CONFIDENTIAL INFORMATION: The bid must not contain any information marked as “confidential” or as a “trade secret” or in any other manner as to indicate that it is information protected by the Trade Secrets Protection Act ( the “Act”) as set out in Article 24 of Chapter 66 of the North Carolina General Statutes, unless the vendor has noticed the Engineering Department of its intent to designate any information in the bid as such and received permission from the Engineering Department to do so in writing. Vendor’s notice to the Engineering Department must be in writing and must describe the information for which confidentiality is requested and explain how the information is a “trade secret” as defined in G.S. § 66-152(3). If the Engineering Department determines the information for which confidentiality is requested is a “trade secret” covered by the Act, it will notify the vendor how to mark the information in the bid and will identify the measures that Engineering will take to protect the confidentiality of the information. Vendor’s submission of a bid after receipt of this notice from the Engineering Department shall be deemed to be acceptance of the Engineering

Department’s statement of how it will maintain confidentiality. If the Engineering Department determines the information for which confidentiality is requested is not a “trade secret” covered by the Act, it will notify vendor of that determination. Any bid marked with any information as

“confidential” or as a “trade secret” or in any other manner as to indicate that it is information protected by the Act in violation of this section shall be regarded as not responsive to the invitation for bids and shall not be considered.

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 bids for a period of forty-five (45) days.

https://ccmunis.co.cumberland.nc.us/vss/Vendors/VBids/Default.aspx

BID FORM Section 00 41 13.02 Contractor Initials & Date ________

Section 004113

Single Prime Construction Bid Form

BID

TO CUMBERLAND COUNTY

NORTH CAROLINA

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 CLIFFDALE BOILER REPLACEMENT

as described in the specifications and shown on the plans in accordance with the terms in the Invitation for Bid, the foregoing Specifications, and the following form of Contract, and this Bid; and pursuant with the requirements as follows:

THAT: The undersigned carefully examined the Invitation for Bid, the Specifications, Plans, this form of Bid, 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 bids.

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

THAT: A bid 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.

Single Prime Construction Bid Form

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 via date/initials:

Addendum 1:

Addendum 2:

THAT: Base bid shall include an allowance of $5,000 to be used for unforeseen conditions as directed by Cumberland County. Unused allowance shall be returned at the end of the project.

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:

BASE BID: ____________________________ Dollars ($)

List subcontractors to be used on the project as part of base bid:

Mechanical Subcontractor:

_________________________________________ Sub Bid Amount ($_____________________)

Electrical Subcontractor:

Controls Subcontractor:

Bidders must enter an amount for each alternate. If acceptance of the alternate will not change the base bid contract amount, enter “No Change”. Circles the word “Add” or “Deduct” in the space provided before the amount.)

ALTERNATE 1: Preferred Brand Controls – Johnson Controls Inc

ADD or DEDUCT ____________________________ Dollars ($)

ALTERNATE 2: Preferred Brand Boiler – Riello

ADD or DEDUCT ____________________________ Dollars ($)

TOTAL BID amount reflects the base bid amount plus all alternates accepted. Alternates may or may not be accepted. Bid award shall be based on lowest bid with alternates chosen to be accepted.

TOTAL BID ($): ____________________________ Dollars ($)

Single Prime Construction Bid Form

Submitted, this day of , 2026.

CONTRACTOR

By: ________________________________________

(Signature of Person, Firm or Corporation making Bid)

(Seal - If Bid is by a Corporation) Title: ______________________________________

Address: ___________________________________

Attest: _________________________

License No. _______________________________

Phone: ___________________________________

Single Prime Construction Bid Form

INSTRUCTIONS ON PROPER SIGNING

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

John Jones

(Seal)

Trading as [Type 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

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:

(Corporate Seal) John Jones (Seal)

Title: President

ATTEST:

Thomas Jones

Assistant Secretary

BID BOND FORM Section 00 43 13

Section 004313

BID BOND FORM

KNOW ALL MEN BY THESE PRESENTS, That we, (Bidder's Name)

, of ______________________

(Street Address) (City, State, Zip)

Hereinafter called the Principal, and

(Surety's Name)

A corporation organized and existing under the Laws of the State of __________________________, and authorized to transact business in the State of ____________________________, as Surety, hereinafter called Surety, are held and firmly bound unto the __________________________________________

(Owner).

Hereinafter called Obligee, in the Penal sum of five percent (5%) of the amount bid, good and lawful money of the United States of America, for the payment of which the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

The Condition of this Obligation is such, that, WHEREAS the Principal has submitted a proposal to the

Obligee on a contract for the construction of ___________________________________________________

(Contract Name and Number)

NOW THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee is accordance with the terms of such bid, and give such bond or bonds as may be specified in the Bidding or Contract Documents with good and sufficient surety for the faithful performance of such construction for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void; otherwise to remain in full force and effect.

BID BOND FORM Section 00 43 13

Section 004313

BID BOND FORM

In witness whereof, we have hereunto set our signatures and seal this __________ day of

___________________, 20______, all pursuant to due authorization.

Principal

By

Surety

By

Attorney-in-Fact in accordance with the attached Power of Attorney

STATE OF __________________________________)

ss:

COUNTY OF _________________________________)

I, ____________________________, a Notary Public in and for the State and County aforesaid, do hereby certify that _________________________________, and

____________________________, whose names are signed to the foregoing bond, this day personally appeared before me in my State and County aforesaid and acknowledged the same.

Given under my hand seal this ____________ day of ______________, 19______.

Notary Public

My Commission expires:

OWNER-CONTRACTOR STANDARD AGREEMENT

CONTRACT

THIS CONTRACT, made the day of , [2024] between the County of Cumberland, a body politic and a subdivision of the State of North Carolina, hereinafter referred to as COUNTY, and , a business located at hereinafter referred to as CONTRACTOR.

WITNESSETH:

THAT WHEREAS, a contract for the Cumberland County Cliffdale Library - Boiler Replacement has recently been awarded to CONTRACTOR by the COUNTY, at and for a sum of:

($________) 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 180 calendar days from the date the Notice to Proceed is issued.

The COUNTY may terminate this Agreement prior to the expiration of the above stated period if in the judgment of the COUNTY:

A. The CONTRACTOR has completed all services required.

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

C. 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.

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 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.

INSURANCE AND LIABILITY: CONTRACTOR represents that it has sufficient insurance coverage, and the CONTRACTOR shall maintain such adequate insurance during the term of the agreement.

COMPLIANCE WITH LAW: The CONTRACTOR agrees it shall comply with all laws, rules, regulations, and ordinances, proclamations, demands, directives, executive orders, or other requirements of any government or subdivisions thereof which now govern or may hereafter govern this Agreement, including, but limited to, the provisions of the Fair Labor Standards Act of 1938, equal employment laws, and any other applicable law.

AGENCY AND AUTHORITY: The COUNTY hereby designates the [approval authority here] as its exclusive agent with respect to this Agreement. The [approval authority here] as is authorized, on behalf of the COUNTY, to negotiate directly with the CONTRACTOR on all matters pertaining to this Agreement. The CONTRACTOR agrees that all of its dealings with the COUNTY in respect to the terms and conditions of this Agreement shall be exclusively with the [approval authority here]. Further, the VENDOR specifically agrees that it shall not modify any of the specifications of any of the services subject to this Agreement except pursuant to the paragraph entitled MODIFICATIONS.

REMEDIES: If either party shall default with respect to any performance hereunder, it shall be liable for reasonable damages as provided by law and for all costs and expenses incurred by the other party on account of such default. Waiver by either party of any breach of the other’s obligation shall not be deemed a waiver of any other or subsequent breach of the same obligation. No right or remedy of any party is exclusive of any other right or remedy provided or permitted by law or equity, but each shall be cumulative of every other right or remedy now or hereafter existing at law or in equity, or by statute, and may be enforced concurrently or from time to time.

APPLICABLE LAW: This Agreement shall be governed by the laws of the State of North Carolina. The parties mutually agree that the courts of the State of North Carolina shall have exclusive jurisdiction of any claim arising under the terms of this Agreement with appropriate venue being Cumberland County.

NOTICES: Any notices to be given by either party to the other under the terms of this Agreement shall be in writing and shall be deemed to have been sufficiently given if delivered by hand, with written acknowledgment of receipt, or mailed by certified mail return receipt requested to the other party at the following addresses or to such other addresses as either party from time to time may designate in writing to the other party for receipt of notice:

VENDOR: COUNTY:

[Contact Name and Title] [Contact Name and Title] [Company Name] [County Dept. Name] [Address] [Address] [City, State Zip Code] Fayetteville, NC 28302

Such notice, if mailed, shall be deemed to have been received by the other party on the date contained in the receipt.

SEVERABILITY: If any term, duty, obligation or provision of this Agreement should be found invalid or unenforceable, such finding shall not affect the validity of any other terms, duties, obligations, and provisions, which shall remain valid, enforceable and in full force and effect.

MODIFICATION: This Agreement may be modified only by an instrument duly executed by the parties or their respective successors.

MERGER CLAUSE: The parties intend this instrument as a final expression of their Agreement and as a complete and exclusive statement of its terms. No course of prior dealings between the parties and no usage of trade shall be relevant or admissible to supplement, explain, or vary any of the terms of this Agreement.

Acceptance of, or acquiescence in, a course of performance rendered under this or any prior Agreement shall not be relevant or admissible to determine the meaning of this Agreement even though the accepting or acquiescing party has knowledge of the nature of the performance and an opportunity to make objection. No representations, understandings, or agreements have been made or relied upon making this Agreement other than those specifically set forth herein.

DISPUTE RESOLUTION: The parties must resolve any claim, dispute or other matter in contention arising out of, or relating to, this Agreement through the following procedure. The parties shall first negotiate in good faith to reach an equitable settlement to the dispute. If a negotiated settlement cannot be reached within 10 business days, the parties shall submit to mediation. The parties shall select a mediator, approved by either the North Carolina or federal courts and mutually agreeable to all parties in the dispute to conduct the proceedings which shall be held at the Owner’s place of business. If the parties cannot select a mediator within 10 business days, then the Owner shall select a mediator (or, if the Owner is a party to the dispute, the Cumberland County Trial Court Administrator). The mediator’s cost shall be equally shared by all parties to the dispute. If a mediated settlement cannot be reached, the final recourse to the aggrieved party is legal action instituted and tried in the General Court of Justice of North Carolina under North Carolina Law with venue for trial being Cumberland County. No party shall have a right to resort to litigation until mediation shall first have occurred and not been successful.

INDEPENDENT CONTRACTOR: CONTRACTOR is an independent CONTRACTOR and not an agent, officer or employee of the COUNTY and shall have no authority to act as an agent of the COUNTY, nor enter any Agreement for or on behalf of the COUNTY. The relationship of CONTRACTOR with the COUNTY is as an “independent contractor” as that term is defined by the law of the State of North Carolina.

NON-APPROPRIATION CLAUSE: This Agreement shall be subject to the annual appropriation of funds by the Cumberland County Board of Commissioners. Notwithstanding any provision herein to the contrary, in the event funds are not appropriated for this Agreement, County shall be entitled to immediately terminate this Agreement, without penalty or liability, except the payment of all contract fees due under this Agreement through and including the last day of service.

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 WITNESS WHEREOF, the parties hereto have executed this Agreement by their respective duly authorized representatives.

(Imprint corporate seal below this line)

ATTEST COUNTY OF CUMBERLAND

BY: _____________________

Name, Title Cumberland County NC

ATTEST VENDOR NAME

BY:___________________ BY:_________________________________

NAME: ______________________________

TITLE: ______________________________

This instrument has been pre-audited in the manner required Approved for Legal Sufficiency upon formal by the Local Government Budget and Fiscal Control Act. execution by all parties

County Finance Office County Attorney’s Office

□ Renewable □ Nonrenewable

Expiration Date: ______________

INSTRUCTIONS ON PROPER SIGNING

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

John Jones

Trading as [Type 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:

By: John Jones

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:

(Corporate Seal) John Jones

Title: President

ATTEST:

Thomas Jones

Assistant Secretary

Substitution Request Form Section 00 63 25

Date:

Architect:

Contractor:

CONTRACTOR’S REQUEST, WITH SUPPORTING DATA:

1. Section of the Specifications to which this request applies:

______ Product data for proposed substitution is attached (description of product, reference standards, performance and test data).

______ Sample is attached

______ Sample will be sent if requested by Architect

2. Itemized comparison of proposed substitution with product specified.

Original Product Substitution

Name, Brand:

Catalog Number:

Manufacturer:

Significant Variations:

3. Unit costs of original product and proposed substitution

Original Product: $ per

Substitution: $ per

a) State whether cost is for: Material Only or Material Installed

4. Proposed change in Contract Sum:

Credit to Owner: $

Additional Cost to Owner: $

5. Proposed Change in Contract Time:

Reduce/Increase Contract Time by days.

6. Effect of the proposed substitution on other parts of the Work, or on other contracts:

7. Reason for requesting substitution:

CONTRACTOR’S STATEMENT OF CONFORMANCE OF PROPOSED SUBSTITUTION TO CONTRACT

REQUIREMENTS:

We have investigated the proposed substitution and:

1. Believe that it is equal or superior in all respects to the originally specified product, except as stated in

#2 above.

2. Shall provide the same warranty as required in General Conditions.

3. Shall provide the same special warranty or guaranty as specified.

4. Have included all cost data and cost implications of the proposed substitutions.

5. Shall pay review, redesign and special inspection costs caused by the use of this product.

6. Shall pay additional costs to other contractors caused by the substitution.

7. Shall coordinate the incorporation of the proposed substitution in the Work.

8. Shall modify other parts of the Work as may be needed to make all parts of the Work complete and functioning.

9. Waive future claims for added cost to Contractor caused by the proposed substitution.

Contractor (Signature): Date:

ARCHITECT’S REVIEW AND ACTION:

_____ Rejected

_____ Provide more information in the following categories. Resubmit.

_____ Sign contractor’s Statement of Conformance. Resubmit.

_____ The Proposed substitution is approved, with the following conditions:

The following changes will be made by Change Order number:

Addition/Deduction from the Contract Sum: $

Addition/Deduction from the Contract Time: Days

Date

GENERAL AND SUPPLEMENTARY CONDITIONS

GENERAL CONDITIONS

A. The “General Conditions” referred to in this and the following section of the specifications is EJCDC “Standard

General Conditions of the Construction Contract”, EJCDC No. C-700 (2013 Edition) and SHALL BE considered

Section II of this specification.

B. Wherein the Supplementary Conditions are in conflict with the “General Conditions” (EJCDC No. C-700 (2013

Edition), the Provisions of the Supplementary Conditions SHALL govern.

C. All work is to be performed by Contractors licensed in their respective fields of competence.

SUPPLEMENTARY GENERAL CONDITIONS

GENERAL

The following Supplements modify, change, delete from or add to the "Standard General Conditions of the Construction

Contract". Where any Article of the General Conditions is modified or any Paragraph, Subparagraph or Clause thereof is modified or deleted by these supplements, the unaltered provisions of that Article, Paragraph, Subparagraph or Clause shall remain in effect.

DEFINITIONS:

A. "Owner" or "County" Cumberland County, North Carolina

B. "Engineer" Cumberland County Engineering & Infrastructure Department

C. "Drawings" All drawings, or reproductions of drawings pertaining to the construction under the

Contract.

D. "Work" or "Project" The work shown on the drawings and specified herein.

CONTRACT COMPLETION TIME AND LIQUIDATED DAMAGES:

The time for completion of the work including clean-up, under this contract shall be 45 calendar days from the date specified in a written "Notice to Proceed" to the Contractor(s). Liquidated damages in the amount of $500.00 per day for each day in excess of the time allowed will be deducted from the contract amount to be paid to the Contractor(s).

See General Conditions of the Contract, Article 12, regarding construction schedules, delays and extensions of time.

NORTH CAROLINA SALES TAX:

The following procedure shall be followed relative to the North Carolina Sales Tax applicable to this project. Contractors shall comply fully with the requirements outlined hereinafter, in order that the County may recover the amount of the tax permitted under the law.

A. It shall be the Contractor's responsibility to furnish the County documentary evidence showing the materials used and sales tax paid by the Contractor and each of his subcontractors. Such evidence shall be transmitted to the County together with the Contractor's monthly payment request on the form provided by the County.

B. The documentary evidence shall consist of a certified statement, by the Contractor and each of his subcontractors individually showing total purchases of materials from each separate vendor, total sales taxes paid to each vendor, and the county to which the local sales tax was paid. The certified statement must show the invoice number, or numbers, covered and inclusive dates of such invoices.

C. Materials used from Contractor's or subcontractor's warehouse stock shall be shown in a certified statement at warehouse stock prices.

D. The Contractor shall not be required to certify the subcontractor's statements.

E. The documentary evidence to be furnished to the County eligible for sales tax refunds covers sales taxes paid on building materials, supplies, fixtures and equipment which become a part of or annex to buildings or structures being erected, altered or repaired under contracts with governmental units.

F. The Contractor to whom award is made on this project will be required to follow the procedure outlined above.

Failure to comply with these requirements will result in delays in payment to the Contractor.

PLANS AND SPECIFICATIONS:

The Engineer will furnish to the Contractor two (2) copies of the Plans and Specifications, and the Contractor shall have available on the site at all times during the prosecution of the work one copy of said Plans and Specifications. This copy shall be accurately marked by the Contractor indicating all approved changes occurring during the construction process and delivered to the Engineer upon completion of the project.

MANUFACTURER'S RECOMMENDATIONS AND CERTIFICATION:

The Contractor shall submit to the Engineer for approval a list of proposed materials, equipment, or products to be incorporated in the work, within (10) days after award of the Contract.

The Contractor shall submit to the Engineer, the manufacturer's recommendations for each material or procedure to be utilized which is required to be in compliance with such recommendations. The Contractor shall have a copy of the manufacturer's instructions available at the construction site at all times and shall follow these instructions unless otherwise directed by the Engineer.

The Contractor shall be responsible at his own expense to provide certification to the Engineer by the manufacturer that all materials used for this project meet project specifications and are in compliance with referenced American Society for

Testing Materials (ASTM). Materials or material suppliers shall not be changed after submittal or certifications without written approval by the Engineer. Any changes and re-certification cost shall be at the Contractor's expense and approval.

CONTRACTORS INSURANCE:

The Contractor shall not commence work under this Contract until he has obtained all insurance required below and submitted to the Owner in the form of a Certificate of Liability Insurance naming the County of Cumberland, P.O. Box

1829, Fayetteville, NC 28302 as the certificate holder, and such insurance has been approved by the Owner; nor shall the

Contractor allow any subcontractor to commence work until such insurance has been obtained and approved. If a subcontractor does not take-out insurance in his own name and his principle Contractor wishes to provide insurance protection for such subcontractor and such subcontractor's employees, a rider must be attached to the principal policy, the

Contractor must take out appropriate policies in the name of the subcontractor.

Minimum acceptable coverages are as follows:

Workers Compensation Statutory

General Liability $1,000,000

Vehicle Bodily Injury $300,000 per Occurrence

$500,000 Annual Aggregate

Property Damage $500,000 Annual Aggregate

The Contractor and/or subcontractors shall furnish and keep in force the insurance requirements for a period of one (1) year after completion and acceptance of the work by the Owner. The certificate is to make reference to the project and the

Owner.

FIELD DIRECTIVES FROM THE ENGINEER:

The Contractor shall communicate with and take field directives only from the Engineer or his representative. Any and all changes in the work are to be accomplished only by written change order or written field orders which can be issued only by the Engineer or his representative. No claims for monetary or other considerations will be allowed that are based on verbal agreements only or that are based on Contractor agreements with any agent other than the Engineer or his representative.

FORCE ACCOUNT WORK:

Should unforeseen circumstances arise which, in the opinion of the Engineer, require work to be done for which no price can be agreed upon, the Engineer may require that the work be done on a force account basis. Work done on this basis shall be paid as follows:

a. Skilled and common labor at the regular rate of pay for such men. Pay for the foreman may be included provided in the judgment of the Engineer, a foreman is required.

b. To the foregoing shall be added such social security and old age benefit payments made by the Contractor.

c. Materials used, to be listed with invoices.

d. Equipment used shall be paid for at an hourly rate schedule mutually agreed upon, but in no case shall it exceed the hourly rate schedule established for such units by the Associated General Contractors.

To the sum of a, b, c, and d shall be added ten percent (10%) for overhead and profit.

When force account work has been authorized, such authority shall be in writing.

LOCAL LAWS AND REGULATIONS:

The Bidder's attention is directed to the fact that all applicable state laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the Contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full. The Contractor will be responsible for notifying proper inspectors at various stages of construction for inspection and approval before continuing his work.

PERMITS AND LICENSES:

The Contractor shall procure and pay all charges and fees for all permits and licenses incidental to the due and lawful prosecution of the work.

CONSTRUCTION TRASH & DEBRIS REMOVAL:

During construction of the Project, the Contractor shall be responsible for the removal of any trash or debris created by his work to an approved disposal site. The site will be maintained in a clean condition at all times. Trash and debris from daily operations are to be stored in appropriate storage containers or trucks until removal to the disposal facility.

PAYMENTS:

Payments shall be made on a basis of 95% of monthly estimated cost of labor and materials, including freight or hauling on receipted bills until the work is 50% complete. Upon completion of 50% of the work, no additional retainage shall be held provided the work is progressing satisfactorily. If the Contractor fails to maintain the work on schedule, the Owner has the right to reinstate retainage such that the total amount withheld does not exceed 2.5% of the total contract amount. The contract payment shall be due and payable within fifteen (15) days after the Contractor's invoice has been certified for payment by the Engineer, the balance to be paid upon completion and acceptance of the job. Final payment shall be made to the Contractor within thirty (30) days after all work has been finally completed and each and every provision of the specifications and accompanying drawings comply with to the Owner's or Engineer's satisfaction. Acceptance of the completed job shall be made by the Owner or his representative and the Engineer not later than the 25th of the month following in order to receive consideration.

DISPUTE RESOLUTION:

The parties must resolve any claim, dispute or other matter in contention arising out of, or relating to, this Contract which involves $15,000 or more through the following procedure. The parties shall first negotiate in good faith to reach an equitable settlement to the dispute. If a negotiated settlement cannot be reached within 10 business days, the parties shall submit to mediation. The parties shall select a mediator, licensed by either North Carolina or federal courts and mutually agreeable to all parties in the dispute to conduct the proceedings which shall be held at the Owner’s place of business. If the parties cannot agree on the selection of a mediator within 10 business days, then the parties agree that the Cumberland

County Attorney shall select the mediator. The mediators cost shall be equally shared by all parties to the dispute. If a mediated settlement cannot be reached, the final recourse to the aggrieved party is legal action instituted and tried in the

General Court of Justice of North Carolina under North Carolina Law with venue for trial being Cumberland County. No party shall have a right to resort to litigation until mediation shall first have occurred and not been successful.

In accordance with North Carolina General Statute 143-135.26(12) and as a condition to this Contract, the prime

CONTRACTOR shall incorporate this dispute resolution clause in any and all contracts with first-tier subcontractors who in turn shall incorporate this clause in any contracts with lower-tier subcontractors.

WARRANTY

The CONTRACTOR shall provide a 12-month warranty on all materials and workmanship beginning on the date of final acceptance.

This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations.

STANDARD GENERAL CONDITIONS

OF THE CONSTRUCTION CONTRACT

These General Conditions have been prepared for use with the Agreement Between Owner and Contractor for Construction Contract (EJCDC® C-520, Stipulated Sum, or C-525, Cost-Plus, 2013 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other.

To prepare supplementary conditions that are coordinated with the General Conditions, use EJCDC’s Guide to the Preparation of Supplementary Conditions (EJCDC® C-800, 2013 Edition). The full EJCDC Construction series of documents is discussed in the Commentary on the 2013 EJCDC Construction Documents (EJCDC® C-001, 2013 Edition).

Copyright © 2013:

National Society of Professional Engineers

1420 King Street, Alexandria, VA 22314-2794

(703) 684-2882 www.nspe.org

American Council of Engineering Companies

1015 15th Street N.W., Washington, DC 20005

(202) 347-7474 www.acec.org

American Society of Civil Engineers

1801 Alexander Bell Drive, Reston, VA 20191-4400

(800) 548-2723 www.asce.org

The copyright for this document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE.

NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above.

Endorsed by http://www.nspe.org/ http://www.acec.org/ http://www.asce.org/ http://www.ejcdc.org/

STANDARD GENERAL CONDITIONS OF THE

CONSTRUCTION CONTRACT

TABLE OF CONTENTS

Page

ARTICLE 1 – Definitions and Terminology

1.01 Defined Terms

1.02 Terminology

ARTICLE 2 – Preliminary Matters

2.01 Delivery of Bonds and Evidence of Insurance

2.02 Copies of Documents

2.03 Before Starting Construction

2.04 Preconstruction Conference; Designation of Authorized Representatives

2.05 Initial Acceptance of Schedules

2.06 Electronic Transmittals

ARTICLE 3 – Documents: Intent, Requirements, Reuse

3.01 Intent

3.02 Reference Standards

3.03 Reporting and Resolving Discrepancies

3.04 Requirements of the Contract Documents

3.05 Reuse of Documents

ARTICLE 4 – Commencement and Progress of the Work

4.01 Commencement of Contract Times; Notice to Proceed

4.02 Starting the Work

4.03 Reference Points

4.04 Progress Schedule

4.05 Delays in Contractor’s Progress

ARTICLE 5 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental

Conditions

5.01 Availability of Lands

5.02 Use of Site and Other Areas

5.03 Subsurface and Physical Conditions

5.04 Differing Subsurface or Physical Conditions

5.05 Underground Facilities

5.06 Hazardous Environmental Conditions at Site

ARTICLE 6 – Bonds and Insurance

6.01 Performance, Payment, and Other Bonds

6.02 Insurance—General Provisions

6.03 Contractor’s Insurance

6.04 Owner’s Liability Insurance

6.05 Property Insurance

6.06 Waiver of Rights

6.07 Receipt and Application of Property Insurance Proceeds

ARTICLE 7 – Contractor’s Responsibilities

7.01 Supervision and Superintendence

7.02 Labor; Working Hours

7.03 Services, Materials, and Equipment

7.04 “Or Equals”

7.05 Substitutes

7.06 Concerning Subcontractors, Suppliers, and Others

7.07 Patent Fees and Royalties

7.08 Permits

7.09 Taxes

7.10 Laws and Regulations

7.11 Record Documents

7.12 Safety and Protection

7.13 Safety Representative

7.14 Hazard Communication Programs

7.15 Emergencies

7.16 Shop Drawings, Samples, and Other Submittals

7.17 Contractor’s General Warranty and Guarantee

7.18 Indemnification

7.19 Delegation of Professional Design Services

ARTICLE 8 – Other Work at the Site

8.01 Other Work

8.02 Coordination

8.03 Legal Relationships

ARTICLE 9 – Owner’s Responsibilities

9.01 Communications to Contractor

9.02 Replacement of Engineer

9.03 Furnish Data

9.04 Pay When Due

9.05 Lands and Easements; Reports, Tests, and Drawings

9.06 Insurance

9.07 Change Orders

9.08 Inspections, Tests, and Approvals

9.09 Limitations on Owner’s Responsibilities

9.10 Undisclosed Hazardous Environmental Condition

9.11 Evidence of Financial Arrangements

9.12 Safety Programs

ARTICLE 10 – Engineer’s Status During Construction

10.01 Owner’s Representative

10.02 Visits to Site

10.03 Project Representative

10.04 Rejecting Defective Work

10.05 Shop Drawings, Change Orders and Payments

10.06 Determinations for Unit Price Work

10.07 Decisions on Requirements of Contract Documents and Acceptability of Work

10.08 Limitations on Engineer’s Authority and Responsibilities

10.09 Compliance with Safety Program

ARTICLE 11 – Amending the Contract Documents; Changes in the Work

11.01 Amending and Supplementing Contract Documents

11.02 Owner-Authorized Changes in the Work

11.03 Unauthorized Changes in the Work

11.04 Change of Contract Price

11.05 Change of Contract Times

11.06 Change Bids

11.07…