6 Classroom Modular Building.pdf

Board Members: Steve Gainey, Chairman • Vickie Smith, Vice-Chair • Robin Moffitt • Catherine Cooke •Stephen Barger

Dale Cole, Superintendent

DATE: MAY4, 2026

REQUEST FOR BID: 6 CLASSROOM MODULAR BUILDING

RFB #: 153.340.26.CPP.15

BIDS DUE: June 5, 2026 2:00PM

Sealed Bids for the construction of a 6 classroom modular building for Union Elementary will be accepted by the

Brunswick County Board of Education (the Owner) on or before June 5, 2026 at 2:00pm. Bids can be delivered by mailing or dropping off at Brunswick County Schools Operations office at 199 Sessions Dr., Bolivia, NC

28422 and placing in the drop box. Please be advised that mail or delivery services do not normally deliver before 3:00PM.

The successful contractor will be responsible for all work described herein. If necessary, addendum(s) will be issued and posted on or before May 25, 2026. Contractors are encouraged to access the Brunswick County

Schools website at the following link for addendums.

https://www.bcswan.net/departments/capital-projects/requests-for-bids-capital-projects

Bids are to be binding for a period of sixty days (60) days from the date of the Bid opening. Brunswick County

Board of Education reserves the right to select a contractor, which it deems to offer the best overall bid taking into consideration all factors including the information requested herein. The awards will be based on the owner’s evaluation of furnished information itemized in the Request for Bid, including information regarding the contractor’s ability to meet the required schedule. Cost, past performance on other similar projects, production and delivery time duration after the receipt of approved submittals, time duration for onsite installation activities will be a consideration in the selection of successful contractor. Contractors are directed to include references, preferably from other school districts, in their sealed bid. The Brunswick County Board of Education reserves the right to reject any or all bids, and to request modifications subject to the provisions of the General Statues of the State of North Carolina, and Brunswick County School policy. The Brunswick County Board of Education is not liable for any cost incurred by contractors prior to issuance of a Purchase Order for the work.

Submittal of bids indicates that the bidder is aware of and can meet all regulatory requirements of authorities having jurisdiction governing the installation and/or construction of a modular classroom building in North

Carolina. The contractor and all sub-contractors must be appropriately licensed, as required by the NC General

Statutes.

A Bid Bond in the amount of 5% of the bid is required to be included with the bid. THE BID BOND SHALL BE

IN A SEPARATE ENVELOPE CONTAINED WITHIN THE BID PACKAGE. The contractor will be required to furnish a Payment and Performance Bond upon award of the contract. The cost of all bonds is to be included in the bid.

Brunswick County Board of Education invites and encourages participation in this procurement process by minority-owned businesses, women-owned businesses, and businesses owned by disabled persons or veterans.

Owner Contacts: Questions concerning this Request for Bid may be directed to Cherie Suther Email:

csuther@bcswan.net.

Pre-Bid Site Meeting: A -mandatory pre-bid meeting will be held on May 19,2026 at Union Elementary School located at 180 Union School Rd., Shallotte, NC 28470 at 9AM. The pre-bid meeting is mandatory. Visits to the school can be scheduled by emailing Cherie Suther at csuther@bcswan.net.

Interpretation, Inconsistencies and Addenda: No interpretation to the meaning of this Request for Bid will be made orally to any contractor. Prospective contractors must request such interpretation in writing from the Owner.

Evaluation Factors For Award

Brunswick County Schools intends to award a contract to the lowest, responsive, responsible bidder. A responsive bid is one that fully complies with all requirements of the solicitation. A responsible bidder is one who demonstrates the necessary skill, judgment, and integrity, possesses adequate financial resources, and has the capacity and ability to satisfactorily perform the contract.

This is to be considered a Formal Bid and as such requirements pertain to formal bids will apply.

The following elements shall be the primary considerations in evaluating all submitted bids/bidders as to whether they are responsive and responsible:

1. The extent to which the contractor’s proposed solution fulfills Brunswick County Schools stated requirements as set out in this Request for Bid.

2. Contractor’s acceptance of BCS’s contractual terms and conditions.

3. An assessment of the contractor’s ability to deliver the indicated service in accordance with the specifications set out in this Request for Bid.

4. Overall cost of the contractor’s bid.

5. The contractor’s stability, experiences and record of past performance in delivering such services, preferably in K-12 Schools. Provide a minimum of 3 references with the Bid.

6. Evaluation of references.

7. Completion of all required responses in the correct format.

Intent of Bid Documents It is the intent of these bid documents that the completed modular building will comply with current NC Building Codes, North Carolina Department of Public Instruction, and North Carolina Department of Insurance requirements. It is the contractor’s responsibility to ensure compliance. Submittal of bids indicates that the bidder is aware of and can meet all regulatory authorities having jurisdiction requirements pertaining to the installation and/or construction of a modular classroom building in North Carolina.

Schedule: Time is of the essence. The Contractor shall commence the Work promptly upon the date established in the Notice to Proceed (NTP), and complete all work within 240 days of the NTP.

The contractor shall include the following milestone dates/and/or durations in his bid. Failure to include the requested information in the bid may cause the bid to be considered “Unresponsive”.

• Submittals for owner review and approval (days from NTP)

• Lead time for all modular building sections to be delivered,

• Building Dry-in

• Completion Date

All onsite activity and equipment delivery shall be scheduled and coordinated with the District’s designated Project manager. Activity may have to be coordinated with district summer-maintenance activities.

The successful contractor shall perform the project expeditiously with adequate forces to complete the project within the required time.

Pre-Construction Meeting: Prior to beginning the installation of the modular classroom building, the successful contractor, representatives of the Owner, and other parties who may be designated by the Owner, will meet at a location chosen by the owner for the purpose of reviewing the specific details of the delivery of services, and Board of Education required limitations and requirements.

Safety & Protection: The successful contractor is solely responsible for the health and safety of his workers and of his subcontractors, and shall take all necessary precautions to protect the health and safety of school students, staff and visitors.

Personnel On-Site Conduct: All Brunswick County Board of Education property is designated as non-smoking, and non-tobacco use areas. Tobacco use is prohibited in school buildings and on school property. Brunswick

County Board of Education has a policy of No Contact, No Socialization, and No Fraternization between contractor personnel and students or school staff, except as required by the delivery of services. The Brunswick County Board of Education has a “zero tolerance” for such actions. Individuals violating any of these policies shall be removed for the site immediately and will be subject to citation for criminal offense, if applicable. All contractor employees on school property must sign the attached Policy Compliance Form.

The contractor must also submit an affidavit indicating that the NC and National Sexual Predator Database have been checked and that no personnel that will be onsite are included on the database.

The Contractor shall employ only skilled workers for services requiring special qualifications. Any person who fails, refuses, or neglects to obey the instructions in anything relating to this work, or who appears to be disorderly, insubordinate, unfaithful, or incompetent, shall upon the order of the Owner be at once discharged and not again employed on any part of the work.

Protection of Building & Property: The successful contractor acknowledges that he is responsible for taking all precautions necessary to protect the building, its contents, and personnel from damage or injury resulting from his operations. The successful contractor shall be liable for any damages resulting from failure to do so. The successful contractor shall remove at his expense all debris and material generated from the delivery of his services from the site in a timely manner to minimize accumulation.

Observation of Service Delivery: The Owner or his designated representative may periodically observe the delivery of the contractor’s services. Such observations by the Owner shall in no way, expressed or implied, relieve the contractor from his responsibilities for the safety of his employees and subcontractors.

Work found to be in violation of specifications or not in accordance with established workmanship practices standards will be subject to complete removal and proper replacement with materials at contractor’s expense.

Failure of Owner to discover or reject defective work, or work not in accordance with the agreed upon services, shall not be deemed an acceptance thereof, nor a waiver of Owner’s rights to contractor’s compliance with the contract or performance of the work, or any part thereof. No partial or final payment by the Owner shall be deemed to be an acceptance of work or of material which is not strictly in accordance with the Contract, nor shall it be deemed to be a waiver by owner of any of Owner’s rights pursuant to the contract or otherwise.

Exhibits Included:

Exhibit 1 Sample Contract

Exhibit 2 Specifications

Exhibit 3 Typical Floor Plan

Exhibit 4 Bid Package

Exhibit 4.1 Bid Form

Exhibit 4.2 Affidavit E

Exhibit 4.3 MBE documents

Exhibit 4.4 Bid Bond

Exhibit 4.5 3 References

Payments to Contractor: Partial payments may be made by the owner if pay requests are per a vendor supplied owner approved Schedule of Values. The contractor must include a sales tax report covering material purchases with each invoice and a E-589-P will be sent with final invoice. BCS will not process any pay request without these reports. Payments will be emailed to vendorinvoice@bcswan.net.

The successful contractor warrants and guarantees the title to all materials and equipment covered by an invoice will pass to the Owner upon the payment from the owner covering such materials and equipment. The Title shall be free and clear of all liens or other similar or dissimilar encumbrances in any way affecting Owners title thereto.

E-Verify All bidders are to include with their bids an affidavit (1) attesting to the contractor’s compliance with E-

Verify (or, if the contractor employs less than 25 employees in this state, attesting to that fact), and (2) attesting to the contractor’s subcontractors’ compliance with E-Verify (or, if any subcontractors employ less than 25 employees in this state, attesting to that fact). If awarded a contract, the contractor will ensure compliance by any subcontractors subsequently hired by the contractor.

Terms and Conditions Brunswick County Schools Terms and Conditions which are a part of this Request for

Bid will govern this work.

Exhibit 1

OWNER-CONTRACTOR AGREEMENT

PROJECT NUMBER:

SCHOOL NAME:

THIS AGREEMENT, made this ( ) day of ________, Two Thousand and Six by and between Brunswick County Board of Education (herein referred to as the "Owner"), whose mailing address is 35 Referendum Dr., Bolivia, NC 28422 and

___________________________. (herein referred to as the "Contractor"), whose mailing address is

___________________________________________. Correspondence, submittals, and notices relating to or required under this

Contract shall be sent in writing to the above addresses; unless either party is notified in writing by the other, of a change in address.

WITNESSETH:

WHEREAS, it is the intent of the Owner to obtain the services of the Contractor in connection with RFB

153.340.26.CPP.15 to provide and set up 6 classroom modular building at Union Elementary(hereinafter referred to as the "Project" or the "Work"); and

WHEREAS, the Contractor desires to perform such construction in accordance with the terms and conditions of this

Agreement, NOW, THEREFORE, in consideration of the promises made herein and other good and valuable consideration, the following terms and conditions are hereby mutually agreed to, by and between the Owner and Contractor:

Article 1

DEFINITIONS

1.1 All terms in this Agreement which are defined in the Information for Bidders and the General Conditions shall have the meanings designated therein.

1.2 The Contract Documents are as defined in the General Conditions. Such documents form the Contract, and all are as fully a part thereof as if attached to this Agreement or repeated herein. The Contract Documents consist of the Owner-

Contractor Agreement, the General and Supplemental Conditions of the Contract, the Drawings, the Specifications, all

Addenda issued prior to bidding, and all Modifications and Change Orders issued after execution of the Contract.

Article 2

STATEMENT OF THE WORK

2.1 The Project is the Work identified in the plans and specifications prepared by NA dated NA for Brunswick County Board of Education, including the following addenda:

NA

A listing of the plans and specifications included in the Contract Documents is attached as Exhibit A.

2.2 The Parties agree that the Project shall include the following alternates:

NA_

2.3 The Parties agree to the following modifications to the Project’s plans and specifications, including the noted value engineering items:

None

2.4 The Parties agree that the following allowances are included in the Contract Sum in Section 5.1 below:

None

2.5 The Contractor shall provide and pay for all materials, tools, equipment, labor and professional and non-professional services, and shall perform all other acts and supply all other things necessary, to fully and properly perform and complete the Work, as required by the Contract Documents.

2.6 The Contractor shall further provide and pay for all related facilities described in any of the Contract Documents, including all work expressly specified therein and such additional work as may be reasonably inferred therefrom, saving and excepting only such items of work as are specifically stated in the Contract Documents not to be the obligation of the

Contractor. The totality of the obligations imposed upon the contractor by this Article and by all other provisions of the

Contract Documents, as well as the structures to be built and the labor to be performed, is herein referred to as the "Work".

Article 3

DESIGN CONSULTANT

3.1 The Design Consultant (as defined in the General Conditions) shall be ( NA ) whose address is ( NA ), however, that the

Owner may, without liability to the Contractor, unilaterally amend this Article from time to time by designating a different person or organization to act as its Design Consultant and so advising the Contractor in writing, at which time the person or organization so designated shall be the Design Consultant for purposes of this Contract.

Article 4

TIME OF COMMENCEMENT AND COMPLETION

4.1 The Contractor shall commence the Work promptly upon the date established in the Notice to Proceed. If there is no

Notice to Proceed, the date of commencement of the Work shall be the date of this Agreement or such other date as may be established herein.

4.2 Time is of the essence. The Contractor shall achieve Final Completion, as defined in the General Conditions on or before the date established for Final Completion in the Supplemental Conditions.

4.3 The Supplemental Conditions contains certain specific dates that shall be adhered to and are the last acceptable dates unless modified in writing by mutual agreement between the Contractor and the Owner. All dates indicate midnight unless otherwise stipulated. The only exceptions to this schedule are defined in the General Conditions under 8.3

DELAYS AND EXTENSIONS OF TIME.

4.4 Should the Contractor fail to complete the Work on or before the dates stipulated for Substantial Completion and/or Final

Completion, or such later date as may result from an extension of time granted by the Owner, he shall pay the Owner, as liquidated damages the sums set forth in the General and Supplemental Conditions.

Article 5

CONTRACT SUM

5.1 Provided that the Contractor shall strictly and completely perform all of its obligations under the Contract Documents, and subject only to additions and deductions by Modification or as otherwise provided in the Contract Documents, the

Owner shall pay to the Contractor, in current funds and at the time and in the installments hereinafter specified, the sum of ______________________________________ Dollars ($___________) herein referred to as the "Contract Sum". This amount includes the base bid and the Alternates in Section 2.2

5.2 The Contract Sum includes the value engineering items and other contract modifications noted in Section 2.3 above that total $______________.

Article 6

PROGRESS PAYMENTS

6.1 The Contractor hereby agrees that on or about the First day of the month for every month during the performance of the

Work he will deliver to the Owner's Project Manager an Application for Payment in accordance with the provisions of

Article 9 of the General Conditions. This date may be changed upon mutual agreement, stated in writing, between the

Owner and Contractor. Payment under this Contract shall be made as provided in the General Conditions. Payments due and unpaid under the Contract Documents shall not bear interest.

Article 7

OTHER REQUIREMENTS

7.1 The Contractor shall submit the Performance Bond, Labor and Material Payment Bond and Certification of Insurance as required by the Contract Documents.

7.2 The Owner shall furnish to the Contractor one (1) set of drawings and one (1) set of specifications, at no extra cost, for use in the Construction of the Work. Additional sets of drawings or specifications may be obtained by the Contractor by paying the Owner for the costs of reproduction, handling and mailing.

7.3 The Contractor shall make a good faith effort to utilize Historically Underutilized Businesses (HUB’s) per N.C. Gen. Stat.

143-128.2, and as described in the construction documents.

7.4 The General Conditions, Supplemental Conditions and the plans and specifications, including any addenda, are incorporated herein by reference.

IN WITNESS WHEREOF, Brunswick County Board of Education (hereinbefore called the "Owner") has caused these presents to be signed and its corporate seal to be hereunto affixed, attested by its Chairperson and Secretary, and ________________

(hereinbefore called "Contractor") has caused these presents to be signed by its President and its Corporate seal to be hereunto affixed, as hereinafter attested, all as of the day and year first above written.

BRUNSWICK COUNTY BOARD OF EDUCATION

Board Chairperson

ATTEST:

Superintendent

[Corporate Seal]

By: ________________________________________

_________________, President or Vice-President

(Print Name)

ATTEST:

Corporate Secretary

[Corporate Seal]

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

Finance Officer Date

GENERAL CONDITIONS

OF THE

CONTRACT FOR CONSTRUCTION

TABLE OF ARTICLES

1. CONTRACT DOCUMENTS

2. OWNER

3. CONTRACTOR

4. SUBCONTRACTORS

5. WORK BY OWNER OR BY SEPARATE CONTRACTORS

6. MISCELLANEOUS PROVISIONS

7. TIME

8. PAYMENTS AND COMPLETION

9. INSURANCE

10. CHANGES IN THE WORK

11. UNCOVERING AND CORRECTION

12. TERMINATION OF THE CONTRACT

APPENDIX A – Contractor’s Sales Tax Report APPENDIX B-1 – Change Proposal Form (Time & Materials or Unit Price) APPENDIX B-2 – Change Proposal Form (Fixed Price) APPENDIX C – Sexual Registry Check Form

ARTICLE 1

CONTRACT DOCUMENTS

1.1 GENERAL

1.1.1 The Contract Documents consist of the Owner-Contractor Agreement, the Conditions of the Contract

(General, Supplementary and other Conditions), the Drawings, the Specifications, and all Addenda issued prior to and all Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order issued pursuant to the provisions of

Article 10, (3) a written interpretation issued by the Design Consultant, or (4) a written order for a minor change in the Work issued pursuant to this contract.

1.1.2 By executing the Contract, the Contractor represents that he has visited the site, familiarized himself with the local conditions under which the Work is to be performed, and correlated his observations with the requirements of the Contract Documents.

1.1.4 The Contractor will be furnished with 3 sets of drawings and specifications at no cost. Additional copies may be purchased.

END OF ARTICLE 1

ARTICLE 2

OWNER

2.1 INFORMATION, SERVICES AND RIGHTS OF THE OWNER

2.1.1 The Owner shall at all times have access to the Work whenever it is in preparation or progress. The

Contractor shall provide safe facilities for such access.

2.1.2 The Owner shall not be responsible for or have control or charge of the construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work, and will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract

Documents.

2.1.3 The Owner will have authority to require special inspection or testing of the Work whether or not such Work is then fabricated, installed, or completed. However, neither the Owner's authority to act under

Subparagraph 6.5.3, nor any decision made by the Owner in good faith either to exercise or not to exercise such authority shall give rise to any duty or responsibility of the Owner to the Contractor, any Subcontractor, any of their agents or employees, or any other person performing any of the Work.

2.1.4 The Owner shall have the authority and discretion to call, schedule, and conduct job meetings to be attended by the Contractor, representatives of his Subcontractors, and the Design Consultant, to discuss such matters as procedures, progress, problems, and scheduling.

2.1.5 The Owner and Design Consultant shall not be responsible or liable to Contractor for the acts, errors or omission of the Contractor, any separate Subcontractor, any separate contractor or any contractor's or subcontractor's agents or employees, or any other persons performing any of the Work.

2.1.6 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid unreasonable delay in the orderly progress of the Work.

2.1.7 The parties acknowledge that the Owner may perform all or part of its obligations pursuant to this Agreement through the Superintendent or his designee.

2.1.8 The foregoing rights are in addition to other rights of the Owner enumerated herein and those provided by law.

2.2 OWNER'S RIGHT TO STOP OR TO SUSPEND THE WORK

2.2.1 If the Contractor fails to correct defective Work or fails to carry out the Work or supply labor and materials in accordance with the Contract Documents, the Owner by a written order may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the Owner to stop the Work shall not give rise to any duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity.

2.2.2 The Owner may order the Contractor in writing to suspend, delay, or interrupt all or any part of the Work for such period of time as he may determine to be appropriate for the convenience of the Owner.

2.2.3 If the performance of all or any part of the Work (including the work of the Contractor and its subcontractors) is, for an unreasonable period of time, suspended, delayed, or interrupted by an act of the Owner or the

Design Consultant in the administration of this Contract, or by failure of any one of them to act within the time specified in this Contract (or if no time is specified, within a reasonable time), an adjustment shall be made for an increase in the actual time required for performance of the Work by the Contractor, due solely to such unreasonable suspension, delay, or interruption and the Contract modified in writing accordingly.

However, no claim shall be made under this Subparagraph for any suspension, delay, or interruption pursuant to Subparagraph 2.3.1, or for which claim is provided or excluded under any other provision of this Contract. No claim under this Subparagraph shall be allowed on behalf of the Contractor or its subcontractors, unless within 10 days after the act or failure to act involved, and for continuing or ongoing acts or failures to act within 10 days of the first day of the act or failure to act the Contractor submits to the

Owner a written statement setting forth, as fully as then practicable, the extent of such claim, and unless the claim is asserted in writing within 20 days after the termination of such suspension, delay, or interruption.

For continuing or ongoing acts or failures to act, the Contractor shall update its written statement every 15 days until the suspension, delay or interruption is terminated. The Contractor shall waive any and all claims not filed in strict conformance with this paragraph. The Contractor shall indemnify, defend and hold the

Owner harmless from any claim by a Subcontractor that is waived because it is not filed in strict conformance with this paragraph or any other provision of this Agreement regarding claims.

2.2.4 In the event of a suspension of work or delay or interruption of work, the Contractor will and will cause his subcontractors to protect carefully his, and their, materials and work against damage or injury from the weather and maintain completed and uncompleted portions of the work as required by the Contract

Documents. If, in the opinion of the Owner, any work or material shall have been damaged or injured by reason of failure on the part of the Contractor or any of his subcontractors to so protect same, such work and materials shall be removed and replaced at the expense of the Contractor.

2.2.5 No claim by the Contractor shall be allowed if asserted after final payment under this Contract or if it is not asserted in strict conformance with Article 10.

2.3 OWNER'S RIGHT TO CARRY OUT THE WORK

2.3.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within ten days after the date written notice is mailed by the Owner to commence and continue remedy of such default or neglect with diligence and promptness, the Owner may, without prejudice to any other remedy he may have, make good such deficiencies and may further elect to complete all Work thereafter through such means as the Owner may select, including the use of a new contractor. In such case the Owner shall issue a Change Order deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for the Design Consultant's additional services made necessary by such default, neglect or failure. Such action by the Owner and the amount charged to the

Contractor are both subject to the prior approval of the Design Consultant. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the

Owner. Notwithstanding the Owner's right to carry out a portion of the work, warranty, maintenance and protection of the work remains the Contractor's responsibility. Further, the provisions of this paragraph do not affect the Owner's right to require the correction of defective or non-conforming work in accordance with this contract.

END OF ARTICLE 2

ARTICLE 3

CONTRACTOR

3.1 DEFINITION

3.1.1 This entire Contract is not one of agency by the Contractor for Owner but one in which Contractor is engaged independently in the business of providing the services and performing the Work herein described as an independent contractor.

3.2 REVIEW OF CONTRACT DOCUMENTS

3.2.1 Before placing his proposal to the Owner, and continuously after execution of the Contract, the Contractor shall carefully study and compare the Contract Documents and shall at once report to the Owner any error, inconsistency or omission he may discover, including any requirement which may be contrary to any law, ordinance, rule, regulation or order of any public authority bearing on the performance of the Work. If the

Contractor has reported in writing an error, inconsistency or omission, has promptly stopped the affected work until otherwise instructed, and has otherwise followed the instructions of the Owner, the Contractor shall not be liable to the Owner or the Design Consultant for any damage resulting solely from any such errors, inconsistencies or omissions in the Contract Documents. The Contractor shall perform no portion of the Work at any time without Contract Documents and, where required, approved Shop Drawings, Product

Data or Samples for such portion of the Work.

3.2.2 All designs, drawings, specifications, design calculations, notes and other works provided for this contract are the sole property of the Owner and may not be used on any other design or construction project. The use of the design, including tracings and specifications, by any person or entity, for the purpose other than the Project, shall be at the full risk of such person or entity

3.3 SUPERVISION AND CONSTRUCTION PROCEDURES

3.3.1 The Contractor shall supervise and direct the Work, using his best skill and attention. He shall be solely responsible for and have control over all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract. The Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work and all statutory or legal requirements. This requirement applies continuously throughout contract performance and is not limited to regular working hours.

3.3.2 The Contractor shall be responsible to the Owner for the acts and omissions of his employees, Subcontractors and Sub- subcontractors, suppliers, their agents and employees, and other persons performing any of the Work and for their compliance with each and every requirement of the Contract

Documents, in the same manner as if they were directly employed by the Contractor.

3.3.3 The Contractor shall not be relieved from his obligations to perform the Work in accordance with the

Contract Documents either by the acts, failures to act or duties of the Owner or the Design Consultant in their administration of the Contract, or by inspections, tests or approvals (or the lack thereof) required or performed under Paragraph 6.5 by persons other than the Contractor.

3.3.4 The Contractor shall verify all grades, lines, levels and dimensions as indicated and shown on the Drawings and Specifications prior to beginning the work and shall immediately report in writing any errors or inconsistencies to the Design Consultant before commencing the work.

3.3.5 Contractor shall protect existing surfaces, finishes and adjacent facilities from damage during construction.

Any damage shall be repaired by Contractor at his own expense prior to completion of the Project. Prior to construction start, Contractor and Owner shall perform an inspection to record existing conditions, damaged and undamaged.

3.4 LABOR AND MATERIALS

3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for all labor, materials, equipment, supplies, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary or proper for or incidental to the execution and completion of the Work required by and in accordance with the Contract Documents and any applicable code or statute, whether specifically required by the Contract Documents or whether their provision may reasonably be inferred as necessary to produce the intended results, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Final payment will not be made until the

Work is so completed.

3.4.2 The Contractor shall at all times enforce strict discipline and good order among his employees and shall not employ on the Work any unfit person or anyone not skilled in the task assigned to him. The Owner may, by notice in writing, require the Contractor to remove from the work any employee the Owner deems incompetent, careless or otherwise objectionable. All agents and workers of the Contractor and its

Subcontractors shall wear identification badges provided by the Contractor at all times they are on the

Owner’s property. The identification badges shall at a minimum display the company name, telephone number and employee’s picture and name and must be worn in plain view at all times. Additionally, once school staff occupies the building, all contractors and their respective subcontractors shall be required to sign in and out of the visitor’s log each day they are performing services. They must also wear a visitor’s pass which will indicate to staff that they have met this requirement which applies to anyone performing services anywhere on the school property.

3.4.3 The Contractor shall be responsible for ensuring that the Work is completed in a skillful and workmanlike manner.

3.4.4 All equipment, apparatus and/or devices of any kind to be incorporated into the Work that are shown or indicated on the drawings or called for in the specifications or required for the completion of the work shall be entirely satisfactory to the Owner and the Design Consultant as regards operations, capacity and/or performance. No approval, either written or verbal, of any drawings, descriptive data or samples of such equipment, apparatus and/or device shall relieve the Contractor of his responsibility to turn over the same in good working order for its intended purpose at the completion of the Work in complete accordance with the Contract Documents. Any equipment, apparatus and/or device not fulfilling these requirements shall be removed and replaced by proper and acceptable equipment, etc. or put in good working order satisfactory to the Owner and Design Consultant without additional cost to the Owner.

3.4.5 All materials and Work shall meet North Carolina Building Codes. Should there be any discrepancies between design and code, the more stringent requirement shall apply. All materials shall comply with standards (or approved products) as set by the Specifications. Unless otherwise specified, NO ASBESTOS

CONTAINING MATERIALS SHALL BE INSTALLED. BY DEFINITION, INSTALLATION OF

ASBESTOS MATERIALS WILL BE CONSIDERED CONTRACTOR’S NEGLIGENCE AND THE

CONTRACTOR SHALL PERFORM ALL NECESSARY WORK TO REMOVE THE ASBESTOS AND

RESTORE THE SITE TO THE ‘PRE-CONTRACT’ CONDITION. Contractor shall assume all facilities built prior to 1979 have lead-based paint. Any paint removal shall be in accordance with OSHA standard pertaining to lead (29 CFR 1915.1025).

3.5 WARRANTY

3.5.1 The Contractor warrants to the Owner and the Design Consultant that all materials and equipment furnished under this Contract will be new unless otherwise specified, and that all workmanship will be of first class quality, free from faults and defects and in conformance with the Contract Documents and all other warranties and guaranties specified therein. Where no standard is specified for such workmanship or materials, they shall be the best of their respective kinds. All Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by the Owner or the Design Consultant, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by the provisions of Article 11.

3.5.2 The warranties set forth in this Paragraph 3.5 and elsewhere in the Contract Documents shall survive Final

Completion of the Work.

3.5.3 If, within one year after the Date of Substantial Completion of the Work or designated portion thereof or within one year after acceptance by the Owner of designated equipment or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract

Documents, any of the Work is found to be defective, not in accordance with the Contract Documents, or not in accordance with the guarantees and warranties specified in the Contract documents, the Contractor shall correct it within five (5) working days or such other period as mutually agreed, after receipt of a written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice with reasonable promptness after discovery of the condition. For items, which remain incomplete or uncorrected on the date of Substantial Completion, the one-year warranty shall begin on the date of Final Completion of the Work. If the Contract Documents include painting work, the one year warranty period in this section shall be extended to two years.

3.5.4 If at any time deficiencies in the Work are discovered which are found to have resulted from fraud or misrepresentation, or an intent or attempt to or conspiracy to defraud the Owner by the Contractor, any

Subcontractor or Supplier, the Contractor will be liable for replacement or correction of such Work and any damages which Owner has incurred related thereto, regardless of the time limit of any guarantee or warranty.

3.5.5 The Contractor shall bear the cost of making good all work of the Owner, separate contractors or others, destroyed or damaged by such correction or removal required under this Article 3, Article 11 or elsewhere in the Contract Documents.

3.6 TAXES

3.6.1 The Contractor shall pay all sales, consumer, use and other similar taxes for the Work or portions thereof provided by the Contractor which are legally enacted at the time bids are received, whether or not yet effective. The Contractor shall indemnify and hold the Owner harmless from any claims arising out of the

Contractor’s failure to pay all required taxes, including claims by the county for its inability to recover taxes that were not properly paid to the State of North Carolina by the Contractor.

3.6.2 The Contractor shall provide a completed Contractor’s Sales Tax Report (attached hereto as Appendix A) with each application for payment for all items provided by the Contractor or any Sub-Contractors and incorporated into this project. The Contractor shall account for at least 2% of the total contract amount in sales tax or provide justification satisfactory to the Owner that the actual sales tax paid is less than 2%. In the event the Contractor does not provide adequate justification to support the shortfall, the Contractor shall pay the Owner the difference between the amount accounted for and the 2% minimum. Such compensation shall not be deemed a penalty, but reimbursement of funds the Owner would otherwise be entitled to recover from the State.

3.6.3 Sales and Use Tax. Contractor shall be responsible for complying with any applicable sales and use tax obligations imposed by Chapter 105, Article 5 of the North Carolina General Statutes. Where Contractor has been contracted with to oversee “new construction” or “reconstruction” as defined in G.S. 105-164.4H, Contractor shall be responsible for issuing and maintaining an Affidavit of Capital Improvement.

3.7 PERMITS, FEES AND NOTICES

3.7.1 The Contractor shall secure and pay for the building permit and for all other permits and governmental fees necessary for the proper execution and completion of the Work. Costs for service and final service connections by public utilities will be reimbursed to the Contractor by the Owner. The Owner shall not be responsible for the cost of any temporary utilities.

3.7.2 The Contractor will pay for his license and reinspection fees for the work necessary for the proper execution and completion of the work.

3.7.3 The Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the Work.

3.8 PROGRESS SCHEDULE

3.8.1 The Contractor shall prepare and submit to the Owner for the Owner's review and approval an estimated progress schedule for the Work. This schedule shall be in accordance with any general requirements included in the Specifications for this project.

3.9 RESPONSIBILITY FOR COMPLETION

3.9.1 The Contractor shall furnish such manpower, materials, facilities and equipment and shall work such hours, including night shifts, overtime operations and Sundays and holidays, as may be necessary to ensure the performance of the Work within the Milestone and Completion dates specified in the Owner-Contractor

Agreement.

3.9.2 If the actions taken by the Contractor are not satisfactory, the Design Consultant or Owner may direct the

Contractor to take any and all actions necessary to ensure completion within the required Milestone and

Completion dates, without additional cost to the Owner. In such event, the Contractor shall continue to assume responsibility for his performance and for completion within the required dates.

3.10 DOCUMENTS AND SAMPLES AT THE SITE

3.10.1 The Contractor shall maintain at the site for the Owner one record copy of all Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to record all changes made during construction, and approved Shop Drawings, Product Data and Samples. These shall be delivered to the Owner upon completion of the Work.

3.11 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES

3.11.1 The Contractor shall review, approve and submit, with reasonable promptness and in such sequence as to cause no delay in the Work or in the work of the Owner or any separate contractor, all Shop Drawings, Product Data, Manuals and Samples required by the Contract Documents.

3.11.2 Do not order materials until receipt of written approval. Furnish materials equal in every respect to approved samples.

3.11.3 By approving and submitting Shop Drawings, Product Data, Manuals and Samples, the Contractor represents that he has determined and verified all materials, field measurements, and field construction criteria related thereto, and that he has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. The Contractor shall adhere to any supplementary processing and scheduling instructions pertaining to Shop Drawings, which may be issued by the Design Consultant.

3.11.4 The Contractor shall not be relieved of responsibility for any deviation from the requirements of the Contract

Documents by the Design Consultant's review of Shop Drawings, Product Data, Samples or Manuals under unless the Contractor has specifically informed the Design Consultant in writing of such deviation at the time of submission and the Design Consultant has given written approval to the specific deviation. The

Contractor shall not be relieved from responsibility for errors or omissions in the Shop Drawings, Product

Data, Samples, or Manuals by the Design Consultant's review thereof.

3.11.5 The Contractor shall make corrections required by the Design Consultant and shall resubmit the required number of corrected copies of Shop Drawings or new Product Data or Samples. The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data or Samples, to revisions other than those requested by the Design Consultant on previous submittals. Resubmittals necessitated by required corrections due to Contractor's errors or omissions shall not be cause for extension of Contract

Time, and any costs associated with the processing of these resubmittals shall be paid by the Contractor.

3.11.6 No portion of the Work requiring submission of Shop Drawings, Product Data, Samples or Manuals shall be commenced until the submittal has been approved by the Design Consultant. All such portions of the

Work shall be in accordance with approved submittals.

3.12 EQUAL PRODUCTS AND SUBSTITUTIONS

3.12.1 All materials, supplies and articles furnished under this Contract shall, whenever specified and otherwise practicable, be the standard products of recognized, reputable manufacturers. Unless otherwise specifically provided in the Contract Documents, the naming of a certain brand, make, manufacturer or article, device, product, material, fixture or type of construction shall convey the general style, type, character and standard of quality of the article desired and shall not be construed as limiting competition. The Contractor, in such cases, may with Design Consultant and Owner approval, use any brand, make, manufacturer, article, device, product, material, fixture, form or type of construction which in the judgment of the Design Consultant is equal to that specified. An item may be considered equal to the item so named or described if, in the opinion of the Owner and Design Consultant (1) it is at least equal in quality, durability, appearance, strength, and design; (2) it will perform at least equally the specific function imposed by the general design for the work being contracted for or the material being purchased; and (3) it conforms substantially, even with deviations, to the detailed requirements for the item in the specifications. Approval by the Owner and Design Consultant will be granted based upon considerations of quality, workmanship, economy of operation, suitability for the purpose intended, and acceptability for use on the Project.

3.12.2 Contractor must provide evidence that proposed substitution does not require revisions to the Contract

Documents, that is consistent with Contract Documents, and will produce the indicated results, and is comparable with other portions of the Work. Contractor must provide a detailed comparison of significant qualities or proposed substitution with those of the Work specified, including but not limited to the following significant qualities: performance, weight, size, durability, visual effect, sustainable design features, warranties, and any specific features and requirements indicated in Contract Documents. An annotated copy of applicable Specification section and point-by-point comparison between specified product and the proposed substitution describing each point of compliance, non-compliance, and variance between the specified and proposed product shall be provided.

3.13 USE OF SITE

3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits, easements, right-of- way agreements and the Contract Documents. The Contractor shall not unreasonably encumber the site, in the opinion of the Owner, with any materials, equipment or trailers nor shall he block the entrances or otherwise prevent reasonable access to the site, other working and parking areas, completed portions of the Work and/or properties, storage areas, areas of other facilities that are adjacent to the worksite. If the Contractor fails or refuses to move said material, equipment or trailers within 24 hours of notification by the Owner, to so do, the Owner shall have the right, without further notice, to remove, at the

Contractor's expense, any material, equipment and/or trailers which the Owner deems are in violation of this paragraph.

3.14 CUTTING AND PATCHING OF WORK

3.14.1 The Contractor shall not damage or endanger any portion of the Work or the work of the Owner or any separate contractors by cutting, patching or otherwise altering any work, or by excavation.

3.14.2 Existing structures and facilities including but not limited to building, utilities, topography, streets, curbs, walks, etc., that are damaged or removed due to required excavations or other construction work, shall be patched, repaired or replaced by the Contractor to satisfaction of the Design Consultant and the Owner of such structures and facilities and authorities having jurisdiction.

3.15 CLEANING UP

3.15.1 The Contractor at all times shall keep the premises free from accumulation of waste materials or rubbish caused by his operations. If the Contractor fails to clean up during or at the completion of the Work, the

Owner may do so and the cost thereof shall be charged to the Contractor.

3.16 INDEMNIFICATION

3.16.1 To the fullest extent permitted by law, the Contractor shall, at his sole cost and expense, indemnify, defend, and hold harmless the Owner and the Design Consultant and their agents, representatives, and employees from and against all claims, actions, judgments, costs, liabilities, penalties, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or caused by any negligent act, error, omission or breach of this Agreement by the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The above obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity, which would otherwise exist as to any party or person, described in this Paragraph 3.16. The parties agree that this indemnification clause is an “evidence of indebtedness” for purpose of N.C. Gen. Stat. § 6-21.2.