DURHAM COUNTY

NORTH CAROLINA

INVITATION FOR BIDS

DURHAM COUNTY UTILITIES ADMINISTRATION

BUILDING

IFB NO. 27-007

September 2026

(Architects/Engineers) DTW Architects & Planners, Ltd. • 3333 Durham-Chapel Hill Blvd., Suite D100, Durham, NC

Edmondson Engineers, P.A. • MEP Engineers, Durham, NC Ross Linden Engineers, PC • Structural Engineers, Raleigh, NC

CLH Design, P.A. • Civil/Landscape Engineers, Cary, NC J&A Engineering Consultants • A/V Consultants, Marietta, GA

FY27_Formal Construction

Advertisement for Bids Instructions to Bidders Equal Employment Opportunity General Conditions of the Contract for Construction Special Conditions Affidavit of Compliance (E-Verify) Bid Forms Special Notice Non-Collusion Affidavit Performance Bond Payment Bond Project Procedure Forms Vendor Application/W-9 Form Technical Specifications

DURHAM COUNTY UTILITIES ADMINISTRATION BUILDING

IFB NO. 27-007

TABLE OF CONTENTS

CHAPTERS PAGE #

1. GENERAL REQUIREMENTS

012000 Unit Prices 1-2 012100 Allowances 1-3 012300 Alternates 1-2 014100 Regulatory Requirements 1 014126 Permitting & Governmental Review Requirements 1 014200 References 1-4 014500 Quality Control 1 015000 Temporary Facilities & Controls 1-3 016000 Product Requirements 1-4 017000 Execution Requirements 1-5 017413 Cleaning Up 1 017419 Construction Waste Management & Disposal 1-2 017700 Closeout Procedures 1-5 018113 Sustainable Design Requirements 1-6 018119 Indoor Air Quality Management Plan During

Construction 1-4 019113 General Commissioning Requirements 1-24 019114 LEED Documentation Requirements 1-1 019115 Envelope Commissioning Requirements 1-13

2. EXISTING CONDITIONS

NOT USED

3. CONCRETE

031000 Concrete Forming and Accessories 1-7

033000 Concrete Reinforcing 1-5 033000 Cast-In-Place Concrete 1-23 033543 Polished Concrete Finishing 1-10 034500 Architectural Precast Concrete 1-3

4. MASONRY

040513

Masonry Mortar

1-2

040523 Masonry Accessories 1-2 042000 Brick Unit Masonry 1-3 042200 Concrete Unit Masonry 1-4 044000 Stone Assemblies-Marble 1

5. METALS

051000

Structural Steel

1-7

052000 Steel Joists 1-6 053100 Steel Deck 1-4 054000 Cold Formed Metal Framing 1-8 055000 Metal Fabrications 1-3 055133 Wall Mounted Ladders 1-2 055200 Metal Railing Systems 1-2

6. WOOD & PLASTICS & COMPOSITES

060573 Pressure Treated Lumber 1 061000 Rough Carpentry 1-2 061800 Glue-Laminated Construction 1-3 062000 Finish Carpentry and Millwork 1-2

7. THERMAL & MOISTURE PROTECTION

072000

Insulation

1-2

072100 Structural Insulated Sheathing 1-5 072726 Fluid Applied Membrane Air Barrier 1-11 074213 Metal Wall Panels – Type 1 1-8 074214 Metal Wall Panels – Type 2 1-8 075419 Adhered Thermoplastic Membrane Roofing 1-13 076000 Flashing & Sheet Metal 1-3 077000 Roof Specialties & Accessories 1-2 079000 Joint Sealers 1-3

8. OPENINGS (DOORS & WINDOWS)

081100 Metal Doors and Frames 1-5 081400 Wood Doors 1-4 083000 Special Doors - Access Doors 1-2 083336 Overhead Coiling Doors 1-9 084000 Aluminum Window Framing – Exterior and Interior 1-14

087000 Finish Hardware 1-14

088000 Glazing 1-2

9. FINISHES

092116

Gypsum Wallboard

1-3

093000 Ceramic Tile 1-3 096500 Rubber Base 1 096566 Resilient Athletic Flooring 1-2 096623 Resinous Matrix Terrazzo Flooring 1-9 096700 Special Flooring System (Epoxy) 1-3 096800 Carpeting 1-3 097700 Fiberglass Reinforced Wall Panels 1-4 098000 Acoustical Treatment 1-3 099000 Painting 1-8 099410 Architectural Window Film 1-5

10. SPECIALTIES

101100 Dry Erase Boards and Tackboards 1 101423 Interior Signage 1 102113 Plastic Toilet Compartments 1-2 102226 Operable Partitions 1-3 102800 Toilet and Bath Accessories 1-2 104400 Fire Protection Specialties 1-2 105113 Metal Lockers 1-3 105600 Storage Assemblies 1-3 107300 Aluminum Walkway Covers 1-4 108300 Louvers, Grilles & Vents 1-2

11. EQUIPMENT

112000 Commercial Equipment 1-2 114001 Appliances 1-3

12. FURNISHINGS

122000 Window Treatments 1-2 123216 Plastic Laminate Faced Cabinetwork 1-5

13. SPECIAL CONSTRUCTION

14. CONVEYING SYSTEMS

21. FIRE PROTECTION

210500

Common Work Results for Fire Suppression

1-8 211313 Wet-Pipe Fire Sprinkler Systems 1-15

22. PLUMBING

220500 Common Work Results for Plumbing 1-11 220501 Penetration Firestopping 1-5 220505 Excavation and Backfill 1-3 220506 Roof Curbs and Supports 1-3 220510 Pipe Testing 1 220513 Common Motor and Controller for Plumbing 1-5 220519 Meters and Gages for Plumbing 1-5 220523 General-Duty Valves for Plumbing Piping 1-5 220529 Hangers and Supports for Plumbing Piping Equipment 1-5 220553 Identification for Plumbing and Equipment 1-3 220700 Plumbing Insulation 1-11 220800 Plumbing Commissioning Requirements 1-6 221113 Facility Water Distribution Piping 1-9 221116 Domestic Water Piping 1-8 221119 Domestic Water Piping Specialties 1-15 221316 Sanitary Waste and Vent Piping 1-4 221319 Sanitary Waste Piping Specialties 1-5 221513 General Service Compressed Air Piping 1-8 223300 Electric Domestic Water Heaters 1-4 224000 Plumbing Fixtures 1-11 226800 Non-Potable Water Pressure Booster System 1-11

23. HVAC

230500

Common Work Results

1-10

230505 Roof Curbs and Supports 1-4 230513 Common Motor Requirements for HVAC Equipment 1-5 230514 Variable Frequency Drives 1-8 230519 Meters and Gages for HVAC Piping 1-5 230523 General-Duty Valves for HVAC Piping 1-6 230529 Hangers and Supports for HVAC Piping and Equipment 1-4 230533 Heat Tracing for HVAC Piping 1-4 230553 Identification for HVAC Piping and Equipment 1-6 230593 Testing, Adjusting, And Balancing for HVAC 1-26 230700 HVAC Duct Insulation 1-5 230705 HVAC Pipe Insulation 1-12 230706 Refrigerant and Condensate HVAC Pipe Insulation 1-3 230707 HVAC Equipment Insulation 1-5 230800 Mechanical Commissioning Requirements 1-11 230900 Instrumentation and Control 1-17 232113 Hydronic Piping 1-6 232123 Hydronic Pumps 1-5 232300 Refrigerant Piping 1-3 233113 Metal Ducts 1-8 233300 Air Duct Accessories 1-7 233423 HVAC Power Ventilators 1-7 233600 Air Terminals 1-3

233713 Diffusers, Registers, And Grilles 1-2

234100 Particulate Air Filtration 1-3 235216 Condensing Boilers 1-6 237313 Modular Indoor Central-Station Ahu 1-9 238126 Split-System Heat Pumps 1-4 238127 Ductless Split-System Air Conditioners 1-5 238146 Water-Source Unitary Heat Pumps 1-15 238239 Electric Unit Heaters

26. ELECTRICAL

260500

Common Work Results for Electrical

1-10

260519 Low-Voltage Electrical Power Conductors and Cables 1-4 260526 Grounding and Bonding for Electrical Systems 1-6 260529 Hangers and Supports for Electrical Systems 1-5 260533 Raceway and Boxes for Electrical Systems 1-5 260534 Voice and Data Communications Systems 1-9 260553 Identification for Electrical Systems 1-6 260800 Electrical Commissioning Requirements 1-8 260923 Lighting Control Devices 1-3 262200 Transformers 1-4 262416 Panelboards 1-5 262726 Wiring Devices 1-4 262813 Fuses 1-2 262816 Enclosed Switches and Circuit Breakers 1-3 263213 Engine Generators 1-13 263600 Transfer Switches 1-8 265100 Interior Lighting 1-5

27. AUDIO-VIDEO COMMUNICATIONS

274000 Audio Visual Systems 1-17 275319 CATV Distribution 1-6

28. ELECTRONIC SAFETY & SECURITY

281300 Electronic Access Control System 1-7 281600 Panic Alarm System 1-5 282301 CCTV Camera Systems 1-9 283111 Digital, Addressable Fire-Alarm System 1-29

31. EARTHWORK

311000 Site Clearing 1-5 312000 Earth Moving 1-16 312500 Erosion & Sediment Controls 1-6 313116 Termite Control 1-3

32. EXTERIOR IMPROVEMENTS

321216 Asphalt Paving 1-6 321313 Concrete Paving 1-11

321415 Unit Paving 1-10

323113 Chain-Link Fences and Gates 1-10 324000 Site Furnishings 1-3 329000 Planting 1-16

33. UTILITIES

331000

Site Water Utilities

1-11

333000 Site Sanitary Sewer Utilities 1-10 334000 Site Storm Drainage Utilities 1-9 339000 Site Reclaimed Water Utilities 1-9

41. MATERIAL PROCESSING AND HANDLING EQUIPMENT

412200 Cranes and Hoists 1-9

FOR IMFORMATION ONLY

Appendix A: Soil Boring Report

BID SCHEDULE

(Note: The dates below are subject to change)

Durham County Utilities Administration Building

Advertisement Date

September 13, 2026

Pre-Bid Conference

September 29, 2026, at 10:00AM

Site Visit

September 29, 2026, immediately after the pre-bid conference

Last Date for Questions

October 13, 2026, at 3:00PM

Bids Due Date

October 22, 2026, at 2:00PM

0001 – Advertisement for Bids

LEGAL NOTICE

Sealed bids, so marked, will be received by the County of Durham Purchasing Division until 2:00 P.M. Eastern Time, on October 22, 2026, in Room 461, Durham County Administrative Complex, 201 East Main Street, 4th Floor, Durham, North Carolina, at which time they will be publicly opened and read. The work contemplated will include construction of a 28,895 sq.ft. Administration Building, construction of a 9,150 sq.ft. warehouse building and all associated site work.

A Pre-Bid Conference will be held on September 29, 2026, at 10:00 A. M. Eastern Time, Room 461, Durham County Administrative Complex, 201 East Main Street, 4th Floor, Durham, North Carolina 27701. All bidders who intend to bid are encouraged to attend.

A site visit will be held on September 29, 2026, immediately after the pre-bid conference.

Instructions for submitting bids, specifications, and a complete description of the work involved and the apparatus, supplies, materials, equipment for which bids are invited can be examined at the office of the (DTW Architects & Planners, Ltd., 3333 Durham-Chapel Hill Blvd., Suite D-100, Durham, NC 27707); and at the following locations:

Durham County Government – Finance Department 201 E. Main St, Floor 7, Room 703, Durham NC, 27701

NC Institute of Minority Economic Development Durham, NC 27701 info@theinstitute.org

Construct Connect Cary, NC www.content@constructionconnect.com

Dodge Data & Analytics www.construction.com

Construction Journal mailto:info@theinstitute.org http://www.content@constructionconnect.com/ http://www.construction.com/ www.constructionjournal.com

The Blue Book Online Plan Room www.thebluebook.com

Questions concerning administrative matters should be directed to Delta Farrington, Senior Procurement Specialist at (919) 560-0054 or via email at purchasinggroup@dconc.gov.

Document to be issued electronically at no cost to the Contractor.

Contractors who bid must be licensed to do work in the State of North Carolina under the Act to Regulate the Practice of General Contracting. The Contractor’s North Carolina License number shall be designated on the outside of the envelope containing the bid.

A 5% bid security is required with each bid that equals or exceeds $500,000.00.

Bids will be evaluated and the Contract will be awarded in accordance with statutory public contract requirements as supplemented.

The County reserves the right to reject any and/or all bids, waive informalities, and/or accept such bid as appears in its judgement to be in the best interest of the County.

Publication Date: September 13, 2026 http://www.constructionjournal.com/ http://www.thebluebook.com/ mailto:purchasinggroup@dconc.gov

0002 – Instructions to Bidders

INSTRUCTIONS TO BIDDERS

1. For a Bid to be considered, it must be in accordance with the following instructions:

Bids must be made in strict accordance with the “Bid Form” provided therefore and all blank spaces for the Bid Alternates and Unit Prices shall be properly filled in. When alternates are requested, and alternates are not included in the bid, the bid will be considered incomplete. The Bidders agree that Bids on Bid Form detached from Specifications will be considered and will have the same force and effect as if attached hereto. Numbers shall be stated both in writing and in figures for the Base Bid and Alternates. One (1) original copy shall be submitted to the Purchasing Division.

Bids are invited on the basis of a Single Prime Contract.

Any modification to the Bid Form (including Alternates and Unit Prices) may disqualify the Bid and may cause the Bid to be rejected.

The Contractor shall fill in the Bid Form as follows:

A. If the documents are executed by a sole Owner, that fact shall be evidenced by the word of “Owner” appearing after the name of the person.

B. If the documents are executed by a Partnership, that fact shall be evidenced by the word of “Co-Partner” appearing after the name of the partner executing them.

C. If the documents are executed on the part of a Corporation, they shall be executed by either the President or the Vice-President and attested by the Secretary or Assistant Secretary in either case, and the title of the office of such person shall appear after their signatures. The Seal of the Corporation shall be impressed on each signature page of the documents.

D. If the Bid is made by a Joint Venture, it shall be executed by each member of the Joint Venture in the above form for sole Owner, Partnership, or Corporation, whichever form is applicable.

E. All signatures shall be properly witnessed.

F. It shall be the specific responsibility of the Bidder to deliver this Bid to the proper official at the appointed place and prior to the time for the opening of the Bids. Late delivery of a Bid for any reason, including delivery by the United States Mail, shall disqualify the Bid.

G. Modifications of previously deposited Bids will be acceptable only if delivered to the place of the bid opening prior to the time for opening Bids.

H. Unit Prices quoted in the Bids shall include overhead and profit and shall be the full compensation for the Contractor’s cost involved in the work.

2. It is understood and mutually agreed that by submitting a Bid the Contractor acknowledges that he/she has carefully examined the bidding documents pertaining to the work, the locations, accessibility and general character of the site of the work and all existing buildings and structures within and adjacent to the site; and has satisfied him/herself as to the nature of the work, the condition of the existing buildings and structures, the conformation of the ground, the character, quality and quantity of the materials to be encountered; the character of the equipment, machinery, plant and other facilities needed preliminary to and during prosecuting of the work; the general and local conditions; the construction hazards; and all other matters, including but not limited to, the labor situation which can in any way affect the work under the Contract; and including all safety measures required by the Occupational Safety Health Act of 1970 and all rules and regulations issued pursuant thereto. It is further mutually agreed that by submitting a Bid, the Contractor acknowledges that he/she has satisfied him/herself as to the feasibility and meaning of the plans, drawings, Specifications, and other contract documents for the construction of the work and that he/she accepts all terms, conditions and stipulations contained therein and that he/she is prepared to work in cooperation with the other contractors performing work on the site.

3. Material substitutions will be considered during the bidding phase until October 13, 2026, at 3:00 p.m.

No substitutions will be considered after that time and date.

For proposed material substitutions submit the following information directly to the Architect/Engineer at:

DTW Architects & Planners, Ltd. • Attn: J. Paul Young, AIA at pyoung@dtwarch.com Email or

919.371.4020 (Office Phone) • 919.697.7816 (Cell).

Name of manufacturer Address of manufacturer Phone number of manufacturer Trade name Model or catalogue designation Manufacturer’s date including:

Performance and test data Reference standards

Detailed comparison with specified product including:

Performance Test results Warranties Gauge, thickness or strength of material finish

Other pertinent data Other information requested by the Project Manager

To ensure a fair bidding process, all other questions from the contractors must be emailed to purchasinggroup@dconc.gov no later than 3:00 P.M. Eastern Time, on October 13, 2026. These questions will be addressed in an Addendum.

4. Any Addenda to Specifications issued during the time of bidding will be sent to each bidder. All Addenda issued are to be considered covered in the bid and in closing a Contract will become part thereof. All Addenda issued will be posted on our eBid System. It shall be the Contractor’s responsibility to ascertain prior to bid time the Addenda issued and to see that his/her bid includes any changes thereby required.

mailto:pyoung@dtwarch.com mailto:purchasinggroup@dconc.gov

The Project Manager will not be responsible for any explanation or interpretation of the proposed documents.

Neither the Owner nor the Project Manager will be responsible for any oral instructions. Any interpretation of the proposed document will be made only by Addendum duly issued, a copy of which will be mailed or delivered to each person receiving a set of such documents. Notification should not be later than seven (7) days prior to the date set for receipt of Bids.

All Addenda shall be acknowledged by the bidder(s) on the Bid Form. Failure to do so may disqualify the bid and may cause the bid to be rejected.

5. A 5% bid security is required with each bid that equals or exceeds $500,000.00. As required by Statute, cash, a certified check drawn on some bank or trust company insured by the Federal Deposit Insurance Corporation or Bid Bond in the amount of 5% five percent the bid must be attached to each bid/contract. Each bid/contract requires a separate Bid Bond deposit. Said deposit shall guarantee that the Contract will be entered into by the successful bidder if the award is made. Said deposit to be retained by the Owner in the successful bidder fails to execute the contract within fifteen (15) days after the award or to give satisfactory Surety as required by law. “Payee shall be the County of Durham.”

Such deposit of cash or certified check may be held by the County of Durham until the successful bidder has executed and delivered the contract documents, including Performance and Payment Bonds, to the County of Durham. Bid deposits submitted in the form of cash, cashier’s check or certified check will be deposited in the County’s account as required by North Carolina Local Government Budget and Fiscal Control Act (N.C. General Statute Chapter 159, Article 3). The bids will be evaluated, and the contract will be awarded in accordance with statutory public contract requirements as supplemented.

6. Bids and Bid Security shall be received in strict accordance with requirements of the General Statutes.

All copies of the Bid, the Bid Security, if any and any other documents required to be submitted with the Bid shall be enclosed in a sealed opaque envelope. The envelope can be hand delivered or mailed and shall be addressed to the Durham County Purchasing Division, Durham County Administrative Complex, 201 East Main Street, 7th Floor, Room 703, Durham, NC 27701, and should be identified with the project name, time and date of Bid Opening, the Bidder’s name and address, Bidder’s license number and designated portion of the work for which the Bid is submitted.

7. Contractors who bid must be licensed to do work in the State of North Carolina under the Act to Regulate the Practice of General Contracting. The Contractor’s North Carolina license number shall be designated on the outside of the envelope containing the bid.

8. It is the responsibility of the bidder to ensure that the bid arrives at or before the time and date indicated.

Upon opening, all bids shall be read aloud. Once any bid is opened, there shall not be any withdrawal of bids by any Bidder and no bids may be returned by the Owner to any Bidder.

A Bidder may withdraw its formal Bid after the Bids are opened without forfeiting its Bid deposit in certain limited circumstances. Withdrawal after opening is permitted only if all conditions specified in North Carolina General Statutes Section 143-129.1 are met.

9. Bids shall be evaluated using the Total Bid. The Total Bid shall be the summation of the product of all the Items’ Unit Bid Prices by their Estimated Quantities. In the event of a math error, the Extended Totals and the Total Bid will be corrected based on the Unit Price furnished in the bid. Bids with math errors will be compared using the corrected Total Bid (i.e., the math must be correct before a bid is considered for award).

10. The Owner shall award the contract to the lowest, responsible, responsive bidder taking into consideration the past performance of the Bidder on Construction Contracts for the County of Durham, the State of North Carolina, or other governmental agencies with particular concern given to completion times, quality of work, cooperation with other Contractors, and cooperation with the Project Manager and Owner. The Owner shall have the right to accept Alternates in any order of combination.

11. The successful Bidder, upon award of the Contract, shall furnish a Performance Bond in an amount equal to one hundred percent (100%) of the Contract Price.

12. The successful Bidder, upon award of Contract, shall furnish a Payment Bond in an amount equal to one hundred percent (100%) of the Contract Price.

13. For all work being performed under this Contract, the County of Durham has the right to inspect, examine, and to make copies of any books, accounts, records, and other writings related to the performance of the work.

Audit shall take place at times and locations mutually agreed upon by both parties, although the contractor must make the materials to be audited available within one (1) week of the request.

14. Contract completion time for all work on this project is 450 Calendar Days or 15 days from substantial completion, which ever is first.

15. Bids will be examined promptly after opening and award will be made at the earliest possible date. The prices quoted must be held firm for ninety (90) days. Bids may be withdrawn by written notice of a request to withdraw the bid within seventy-two hours of the bid opening date, not including Saturdays, Sundays, or other days (such as holidays) on which the local government offices are closed.

16. All bidders must complete the Vendor Application/W-9 Form and include it with their bid package. This information will be used to create or update Durham County’s electronic Bidder/Vendor files if awarded contract.

17. A Pre-Bid Conference will be held on September 29, 2026, at 10:00 A.M. Eastern Time, at the Durham

County Administrative Complex, 201 East Main Street, 4th Floor Room 4 6 1 , Durham, North Carolina 27701. All bidders who intend to bid are encouraged to attend.

18. A site visit will be held following the Pre-Bid Conference on September 29, 2026, at 5926 NC-55

Durham, North Carolina 27713. All bidders who intend to bid are encouraged to attend.

19. Security of Non-public Records: Pursuant to N.C.G.S. § 132-1.7, entitled, “Sensitive Public Security Information”, public records, as defined in G.S. 132-1, shall not include information containing specific details of public security plans and arrangements or the detailed plans and drawings of public buildings and infrastructure facilities. Therefore, all information provided, received, gathered or obtained by BIDDER containing specific details of public security plans and arrangements or the detailed plans and drawings of public buildings and infrastructure facilities shall be held confidential and shall be used by the BIDDER only for the purpose of responding to this bid. All plans and drawings shall be returned to the County. Any breach of this paragraph by the BIDDER may result in BIDDER being barred from being awarded any contracts with the

COUNTY.

20. E-VERIFY: As a condition of payment for services rendered under this agreement, CONTRACTOR shall comply with the requirements of Article 2 of Chapter 64 of the General Statutes. Further, if CONTRACTOR provides the services to the County utilizing a subcontractor, CONTRACTOR shall require the subcontractor to comply with the requirements of Article 2 of Chapter 64 of the General Statutes as well. CONTRACTOR shall verify, by affidavit, compliance of the terms of this section upon request by the COUNTY.

21. DRUG FREE WORKPLACE: The Contractor acknowledges and certifies that they understand that the following acts by the Contractor, its employees and/or agents performing services on County property is prohibited.

• The unlawful manufacture, distribution, dispensing, possession or use of alcohol or other drugs, and;

• Any impairment or incapacitation from the use of alcohol or other drugs (except the use of drugs for legitimate medical purposes).

The Contractor further acknowledges and certifies that it understands that a violation of these prohibitions constitutes a breach of contract and may result in default action being taken by the County of Durham in addition to any criminal penalties that may result from such conduct.

23. The following forms/documents must be returned with your original Bid Proposal:

a. Bid Form (Addenda issued must be acknowledged on the Bid Form)

b. Non-Collusion Affidavit (Notarized)

c. Vendor Application/W-9 Form

d. Bid Deposit (Bid Bond, cash, cashier’s check or certified check). Power of Attorney must be included when submitting a Bid Bond)

e. Affidavit of Compliance (E-Verify) (Notarized)

END OF INSTRUCTIONS TO BIDDERS

0003 – Equal Employment Opportunity

EQUAL EMPLOYMENT OPPORTUNITY

During the performance of this contract, the contractor agrees as follows:

a. The contractor will not discriminate against any employee or applicant for employment because of race, handicap, age, color, religion, sex, or national origin.

The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to race, handicap, age, color, religion, sex or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruiting advertising, layoff or termination rates of pay or other forms of compensation, and selection for training including apprenticeship. The contractor agrees to post in conspicuous places available to employees and applicants for employment notices setting forth the provisions of the nondiscrimination clause.

b. The contractor will in all solicitations or advertisements for employees placed by or on behalf of the contractor state that all qualified applicants will receive consideration for employment without regard to race, handicap, age, color, religion, sex, or national origin.

c. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice to be provided advising the labor union or workers’ representative of the contractor’s commitments under the Equal Employment Opportunity section of this contract and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

d. In the event of the contractor’s noncompliance with nondiscrimination clauses of this contract or with any such rules, regulations or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further County contracts.

e. The contractor will include the provisions of this section in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Board of County Commissioners of the County of Durham, North Carolina so that such provisions will be binding such subcontractor or vendor.

0004 - General Conditions of the Contract for Construction

GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION

TABLE OF ARTICLES

1. GENERAL PROVISIONS

2. OWNER

3. CONTRACTOR

4. ADMINISTRATION OF THE CONTRACT

5. SUBCONTRACTORS

6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS

7. CHANGES IN THE WORK

8. TIME

9. PAYMENTS AND COMPLETION

10. PROTECTION OF PERSONS AND PROPERTY

11. UNCOVERING AND CORRECTION OF WORK

12. MISCELLANEOUS PROVISIONS

13. TERMINATION OR SUSPENSION OF THE CONTRACT

GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION

ARTICLE 1

GENERAL PROVISIONS

1.1. BASIC DEFINITIONS

1.1.1 Contract for Construction. The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification.

1.1.2 Contract Documents. The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract, Advertisement or Invitation to Bid, Instructions to Bidders, other documents listed in the Agreement and Modifications issued after execution of the Contract. In the event of conflicts among the contract documents, the Specifications shall take precedence over the Drawings, and the Supplementary Conditions shall take precedence over the General Conditions. The Contract Documents shall not be construed to create a contractual relationship of any kind between the Owner and a Subcontractor or Sub-subcontractor.

1.1.3 Contractor. The person or entity identified as such in the Agreement and is referred to throughout the Contract

Documents as if singular in number. Unless otherwise stated, the term “Contractor” means the General Contractor or the General Contractor’s authorized representative.

1.1.4 Drawings. The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams.

1.1.5 Designer. The Architect or Engineer registered in accordance with the provisions of Chapter 89C of the NC General Statutes, identified as such in the Contract for Construction and is referred to throughout the Contract Documents as if singular in number. The term “Designer” refers to the Designer or the Designer’s authorized representative(s). The Designer shall be entitled to performance and enforcement of obligations under the Contract for Construction intended to facilitate performance of the Designers’ duties.

1.1.6 Modification. A Modification is (1) a written amendment to the Contract signed by the parties, (2) a Change

Order, (3) a Construction Change Directive, or (4) a written order for a minor change in the Work issued by the Designer.

1.1.7 Owner. The person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term “Owner” means the Owner or the Owner’s authorized representative.

1.1.8 Project. The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors.

1.1.9 Project Manual. The Project Manual is the volume usually assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications.

1.1.10 Specifications. The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the Work, and performance of related services.

1.1.11 Work. The term “Work” means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations. The Work may constitute the whole or a part of the project.

1.2 EXECUTION, CORRELATION, AND INTENT

1.2.1 The Contract Documents shall be signed by the Owner and Contractor as provided in the Agreement. If either the

Owner or Contractor or both do not sign all the Contract Documents, the Designer shall identify such unsigned Documents and insure that they are properly signed by the necessary parties.

1.2.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the Work is to be performed, correlated personal observations with requirements of the Contract Documents, has checked and verified all site conditions, and hereby waives any and all claims, present or future, for misrepresentation on the part of the Owner or Designer.

1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all.

1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any Subcontractor.

Unless otherwise stated in the Contract Documents, words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings.

1.3 OWNERSHIP AND USE OF DESIGNER’S DRAWINGS, SPECIFICATIONS AND

OTHER DOCUMENTS

1.3.1 The Drawings, Specifications and other documents prepared by the Designer are instruments of the Designer’s service through which the Work to be executed by the Contractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor, Sub-subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Designer. The Owner will retain all common law, statutory and other reserved rights, in addition to the copyright of the drawings, specifications and other documents prepared by the Designer. All copies of them, except the Contractor’s record set, shall be returned or suitably accounted for to the Designer, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Designer, and copies thereof furnished to the Contractor, are for use solely with respect to this Project; they are not to be used by the Contractor or any Subcontractor, Sub-subcontractor or material or equipment supplier on other projects without the specific written consent of the Owner and Designer. The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Designer appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Designer.

Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Owner’s copyright or other reserved rights.

1.4 CAPITALIZATION

Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of numbered articles and identified references to Paragraphs, Subparagraphs and Clauses in the document or (3) the titles of other documents.

13.5 INTERPRETATION

In the interest of brevity, the Contract Documents frequently omit modifying words such as “all” and “any” and articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement.

ARTICLE 2

OWNER

2.1 INFORMATION AND SERVICES REQUIRED OF THE OWNER

2.1.1 The Owner shall furnish plan and profile of existing County utilities. The Contractor is responsible for locating all existing utilities prior to Work.

2.1.2 Except for permits and fees which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities.

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

2.1.4 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work.

13.5 OWNER’S RIGHT TO CARRY OUT THE WORK

If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such seven-day period, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for the Designer’s additional services and expenses made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior review and confirmation by the Designer. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner.

ARTICLE 3

CONTRACTOR

3.1. REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR

3.1.1 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner pursuant to Section 2.1, and shall at once report to the Designer errors, inconsistencies or omissions discovered. If the Contractor performs any construction activity knowing or should have known it involves an error, inconsistency or omission in the Contract Documents without such notice to the Designer, the Contractor shall assume full responsibility for such performance and shall bear the full costs for correction.

3.1.2 The Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the Designer immediately.

3.1.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pursuant to Section 3.11.

3.2 SUPERVISION AND CONSTRUCTION PROCEDURES

3.2.1 The Contractor shall supervise and direct the Work using the Contractor’s best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless Contract Documents give other specific instructions concerning these matters.

3.2.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor’s employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor.

3.2.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract

Documents either by activities or duties of the Designer in the Designer’s administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor.

3.2.4 The Contractor shall be responsible for inspection of portions of Work already performed under this Contract to determine that such portions are in proper condition to receive subsequent Work.

3.3 LABOR AND MATERIALS

3.3.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work.

3.3.2 The Contractor shall enforce strict discipline and good order among the Contractor’s employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them.

3.3.3 Materials, equipment or items required for a complete job which are shown on the drawings but not mentioned in the specifications or materials, equipment or items required by the specifications but not shown on the drawings, shall be furnished and installed the same as though both shown on the drawings and required by the specifications.

3.4 WARRANTY

3.4.1 The Contractor warrants to the Owner and Designer that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents; that the Work will be free from defects not inherent in the quality required or permitted; and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by the Designer, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.

3.4.2 Except as otherwise specifically stated below, the Contractor shall guarantee his materials and workmanship against defect due to faulty materials or faulty workmanship or negligence for a period of twelve (12) months following Substantial Completion of the Work. Where the manufacturer’s warranty on equipment or parts thereof exceeds twelve (12) months, the guarantee period on such equipment or parts thereof shall be extended to include the full warranty of the manufacturer. The Contractor shall repair or replace such defective materials, equipment or workmanship to the full satisfaction of the Owner within the stipulated guarantee period without cost to the Owner.

3.5 TAXES

The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Contractor which are legally enacted when bids are received, or negotiations concluded, whether or not yet effective or merely scheduled to go into effect.

3.6 PERMITS, FEES AND NOTICES

3.6.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract for Construction and which are legally required when bids are received or negotiations concluded.

3.6.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations, and lawful orders of public authorities bearing on performance of the Work.

3.6.3 It is not the Contractor’s responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Designer and Owner in writing, and necessary changes shall be accomplished by appropriate Modification.

3.6.4 If the Contractor performs Work the Contractor knows or should have known it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Designer and Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs.

3.7 ALLOWANCES

3.7.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities against which the Contractor makes reasonable objection.

3.7.2 Unless otherwise provided in the Contract Documents:

(1) materials and equipment under an allowance shall be selected promptly by the Owner to avoid delay in the Work;

(2) allowances shall cover the cost to the Contractor of materials and equipment delivered to the site and all required taxes, less applicable trade discounts;

(3) Contractor’s costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum and not in the allowances;

(4) whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by a Change Order. The amount of the Change Order shall reflect (a) the difference between actual costs and the allowances under Clause 3.7.2.(2) and (b) changes in Contractor’s costs under Clause 3.7.2.(3).

3.8 SUPERINTENDENT

The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing upon request.

3.9 CONTRACTOR’S CONSTRUCTION SCHEDULES

3.9.1 Promptly after being awarded the Contract, the Contractor shall prepare and submit for the Designer's review and comment a construction schedule for the Work. The schedule shall not exceed time limits provided in the Contract Documents. The Contract Documents shall be revised at appropriate intervals as required by the conditions of the Work and Project. The Contract Documents shall be related to the entire Project to the extent required by the Contract Documents. The Contract Documents shall provide for expeditious and practicable execution of the Work. If separate prime contracts are awarded by the Owner in connection with this Project, the Contractor shall additionally submit a Contractor's construction schedule for the Work to the General Contractor in order for the General Contractor to carry out its duties under Article 6.

3.9.2 The Contractor shall prepare and keep current, for the Designer’s approval, a schedule of submittals which is coordinated with the Contractor’s construction schedule and allows the Designer reasonable time to review submittals.

3.9.3 The Contractor shall conform to the most recent schedules.

3.10 DOCUMENTS AND SAMPLES AT THE SITE

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

3.11 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES

3.11.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the

Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work.

3.11.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work.

3.11.3 Samples are physical examples, which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged.

3.11.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Designer is subject to the limitations of Paragraph 4.1.6.

3.11.5 The Contractor shall review, approve and submit to the Designer Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. Submittals made by the Contractor which are not required by the Contract Documents may be returned without action.

3.11.6 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product

Data, Samples or similar submittals until the respective submittal has been reviewed and approved or other appropriate action taken by the Designer. Such Work shall be in accordance with approved submittals.

3.11.7 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents.

3.11.8 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Designer’s review and approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Designer in writing of such deviation at the time of submittal and the Designer has given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Designer’s approval thereof.

3.11.9 The Contractor shall direct specific…