JEMBC Cooling Tower Rebuild Final.pdf

SPECIFICATIONS

For

CUMBERLAND COUNTY

ENGINEERING DEPARTMENT

JUDGE E. MAURICE BRASWELL COURTHOUSE

COOLING TOWER REBUILD

CONTENTS

Invitation For Bid General Conditions of the Contract for Construction Supplementary General Conditions Division 1 – General Requirements Bid Contract EJCDC General Conditions

INVITATION FOR BID

CUMBERLAND COUNTY

ENGINEERING DEPARTMENT

Judge E. Maurice Braswell Courthouse Cooling Tower Rebuild, FAYETTEVILLE, NORTH CAROLINA

Cumberland County, North Carolina

A mandatory pre-bid conference will be held at 10:00 AM on SEPTEMBER 2, 2026, at the project site, 117 Dick Street, Fayetteville NC 28301. Contractors will convene in front of the Courthouse. Please see the map included for location and parking. All visitors will be required to go through the main security desk and metal detectors.

Pursuant to Section 143-131 of the General Statutes of North Carolina, informal bids are solicited and will be received in the office of the Cumberland County Engineering Department, Room 214, in the Historic Courthouse located at 130 Gillespie Street, Fayetteville, North Carolina at any time before 10:00 AM as per the clock located in the Engineering office on SEPTEMBER 30, 2026. It is the sole responsibility of the vendor to ensure that the bid reaches the destination listed above by the designated time and hour. Bids received after the specified date and time will be rejected. Bids will be publicly opened in the office of the Cumberland County Engineering Department in the Historic Courthouse and read for construction of the proposed.

The Engineering Department encourages all questions to be submitted to Engineering Project Manager, Donna Rice, via email at drice@cumberlandcountync.gov with the subject “JUDGE E. MAURICE BRASWELL COURTHOUSE COOLING TOWER REBUILD” before the conference such that adequate responses may be provided. Individual telephone responses are discouraged. All questions will be fielded at the pre-bid conference.

Bids must be enclosed in a sealed envelope addressed to to Donna Rice, Engineering Project Manager, 130 Gillespie Street, Room 214, Fayetteville, NC 28301. The outside of the envelope must be marked “BID FOR JUDGE E. MAURICE BRASWELL COURTHOUSE COOLING TOWER REBUILD” and shall indicate the name, address, telephone number and state license number of the bidder. Bids must be submitted on the printed form, or exact copies thereof, contained in the Contract Documents.

Bidder shall identify on the bid, the minority businesses that will be utilized on the project with corresponding total dollar value of the bid and affidavit listing good faith efforts or an affidavit indicating work under Contract will be self-performed, as required by G.S. 143-128.2(c) and G.S. 143-128.2(f). Failure to comply with these requirements is grounds for rejection of the bid.

The Owner will require the apparent Low Bidder to qualify himself to be a responsible Bidder by furnishing Affidavit C or Affidavit D of the MWBE Participation Program.

Bid security is required in the amount of 5% of the bid in cash, certified check, or Bid Bond.

Performance and Payment Bonds for 100% of the contract amount will be required.

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

Plans and specifications, including Contract Documents, are open to public inspection and available upon request at the Cumberland County Engineering Department Office, 130 Gillespie Street, Fayetteville, NC.

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

mailto:drice@cumberlandcountync.gov https://ccmunis.co.cumberland.nc.us/vss/Vendors/VBids/Default.aspx

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

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

Vendor’s submission of a bid after receipt of this notice from the Engineering Department shall be deemed to be acceptance of the Engineering Department’s statement of how it will maintain confidentiality. If the Engineering Department determines the information for which confidentiality is requested is not a “trade secret” covered by the Act, it will notify vendor of that determination. Any bid marked with any information as “confidential” or as a “trade secret” or in any other manner as to indicate that it is information protected by the Act in violation of this section shall be regarded as not responsive to the invitation for bids and shall not be considered.

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

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

COURTHOUSE AREA PARKING

- ADA Parking

• Courthouse Visitor Parking

• No Public Parking- Towing Enforced

Courthouse & County Staff Parking with Parking Pass Only

• Jury, Reserved & Law Enforcement Visitors Only

CJ Building Footprint

THE COUNTY OF CUMBERLAND AND ITS GIS DEPARTMENT DISCLAIMS ACCOUNTABILITY FOR THIS PRODUCT AND MAKES NO WARRANTY EXPRESSED OR IMPLIED CONCERNING THE ACCURACY THEREOF. RESPONSIBILITY FOR INTERPRETATION OF THIS PRODUCT LIES WITH THE USER.

Pre -bid Meeting Location drice Oval

GENERAL CONDITIONS

A. The “General Conditions” referred to in this and the following section of the specifications is EJCDC “Standard General Conditions of the Construction Contract”, EJCDC No. C-700 (2013 Edition) and SHALL BE considered Section II of this specification.

B. Wherein the Supplementary Conditions are in conflict with the “General Conditions” (EJCDC No. C-700 (2013 Edition), the Provisions of the Supplementary Conditions SHALL govern.

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

SUPPLEMENTARY GENERAL CONDITIONS

GENERAL

The following Supplements modify, change, delete from or add to the "Standard General Conditions of the Construction Contract". Where any Article of the General Conditions is modified or any Paragraph, Subparagraph or Clause thereof is modified or deleted by these supplements, the unaltered provisions of that Article, Paragraph, Subparagraph or Clause shall remain in effect.

DEFINITIONS:

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

B. "Engineer" Cumberland County Engineering Department

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

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

CONTRACT COMPLETION TIME AND LIQUIDATED DAMAGES:

The time for completion of the work including clean-up, under this contract shall be 240 calendar days from the date specified in a written "Notice to Proceed" to the Contractor(s). Liquidated damages in the amount of $500.00 per day for each day in excess of the time allowed will be deducted from the contract amount to be paid to the Contractor(s).

See General Conditions of the Contract, Article 15, regarding construction schedules, delays and extensions of time.

Project must be complete and turned over to Cumberland County prior to June 30, 2027.

Project will not be deemed complete until Contractor has passed all required inspections, performed start-up per the manufacturer’s instructions, all work has been completed, and Owner acceptance is issued to the Contractor.

NORTH CAROLINA SALES TAX:

The following procedure shall be followed relative to the North Carolina Sales Tax applicable to this project.

Contractors shall comply fully with the requirements outlined hereinafter, in order that the County may recover the amount of the tax permitted under the law.

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

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

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

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

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

F. The Contractor to whom award is made on this project will be required to follow the procedure outlined above. Failure to comply with these requirements will result in delays in payment to the Contractor.

PLANS AND SPECIFICATIONS:

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

MANUFACTURER'S RECOMMENDATIONS AND CERTIFICATION:

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

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

The Contractor shall be responsible at his own expense to provide certification to the Engineer by the manufacturer that all materials used for this project meet project specifications and are in compliance with referenced American Society for Testing Materials (ASTM). Materials or material suppliers shall not be changed after submittal or certifications without written approval by the Engineer. Any changes and re-certification cost shall be at the Contractor's expense and approval.

CONTRACTORS INSURANCE:

The Contractor shall not commence work under this Contract until he has obtained all insurance required below and submitted to the Owner in the form of a Certificate of Liability Insurance naming the County of Cumberland, P.O. Box 1829, Fayetteville, NC 28302 as the certificate holder, and such insurance has been approved by the Owner; nor shall the Contractor allow any subcontractor to commence work until such insurance has been obtained and approved. If a subcontractor does not take-out insurance in his own name and his principle Contractor wishes to provide insurance protection for such subcontractor and such subcontractor's employees, a rider must be attached to the principal policy, the Contractor must take out appropriate policies in the name of the subcontractor.

Minimum acceptable coverages are as follows:

Workers Compensation Statutory

General Liability $1,000,000

Vehicle Bodily Injury $300,000 per Occurrence $500,000 Annual Aggregate

Property Damage $500,000 Annual Aggregate

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

FIELD DIRECTIVES FROM THE ENGINEER:

The Contractor shall communicate with and take field directives only from the Engineer or his representative.

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

FORCE ACCOUNT WORK:

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

Work done on this basis shall be paid as follows:

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

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

c. Materials used, to be listed with invoices.

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

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

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

LOCAL LAWS AND REGULATIONS:

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

PERMITS AND LICENSES:

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

CONSTRUCTION TRASH & DEBRIS REMOVAL:

During construction of the Project, the Contractor shall be responsible for the removal of any trash or debris created by his work to an approved disposal site. The site will be maintained in a clean condition at all times.

Trash and debris from daily operations are to be stored in appropriate storage containers or trucks until removal to the disposal facility.

PAYMENTS:

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

DISPUTE RESOLUTION:

The parties must resolve any claim, dispute or other matter in contention arising out of, or relating to, this Contract which involves $15,000 or more through the following procedure. The parties shall first negotiate in good faith to reach an equitable settlement to the dispute. If a negotiated settlement cannot be reached within 10 business days, the parties shall submit to mediation. The parties shall select a mediator, licensed by either North Carolina or federal courts and mutually agreeable to all parties in the dispute to conduct the proceedings which shall be held at the Owner’s place of business. If the parties cannot agree on the selection of a mediator within 10 business days, then the parties agree that the Cumberland County Attorney shall select the mediator. The mediators cost shall be equally shared by all parties to the dispute. If a mediated settlement cannot be reached, the final recourse to the aggrieved party is legal action instituted and tried in the General Court of Justice of North Carolina under North Carolina Law with venue for trial being Cumberland County.

No party shall have a right to resort to litigation until mediation shall first have occurred and not been successful.

In accordance with North Carolina General Statute 143-135.26(12) and as a condition to this Contract, the prime CONTRACTOR shall incorporate this dispute resolution clause in any and all contracts with first-tier subcontractors who in turn shall incorporate this clause in any contracts with lower-tier subcontractors.

WARRANTY

The CONTRACTOR shall provide a 12-month complete parts and labor warranty beginning on the date of final acceptance.

END OF SECTION

DIVISION ONE - GENERAL REQUIREMENTS

SECTION 01110 - SUMMARY OF WORK

Single prime cooling tower manufacturer representative rebuild contractor shall provide all labor, equipment, and materials necessary for turnkey cooling tower rebuild services for cooling tower 1 and 2 at the Cumberland County JEMBC Courthouse located at 117 Dick Street, Fayetteville, NC 28301.

Provide cooling towers 1 and 2 rebuild for BAC cooling towers model number FXV-LQ661 (Serial Number:

J082615701 & J082615702). Contractor to provide:

• Mobilization and jobsite set up.

• Contractor shall schedule and plan work to limit cooling tower outage to 1 unit at a time. Existing valves shall isolate cooling tower 1 for demolition until startup before cooling tower 2 rebuild is started and completed.

• Complete necessary site access procedures for courthouse.

• Contractor may set up a superintendent work truck and tool trailer in a designated area in the parking lot / loading dock location.

• Factory components may ship directly to the job site prior to contractor arrival. Contractor shall be responsible for offloading materials. Contractor shall receive the materials and perform inventory.

Contractor responsible for storage and protection from damage if stored at the site.

• Contractor shall provide job site dumpsters in a designated location for disposal of materials.

• Contractor shall set up the crane in a designated parking lot location for hoisting all materials up onto the roof top / tower location. The crane shall be provided / furnished by the contractor.

• A crane lift plan must be developed, and contractor shall apply for any permits that are applicable. The lift plan shall include:

• Current certification of crane operator (accredited certifications)

• Lift plan responsible persons and contact (designate qualified lift plan supervisor)

• Types of crane, assembly requirements, operation radius, weight, load capacities, and annual crane inspection documentation

• Load details (load, dimensions, weight, crane configurations, crane <90% capacity)

• Weather conditions for delay and contingency plan for mechanical failure.

• Crane location and clearances (such as overhead hazards – power lines, guidelines, etc)

• Soil and ground conditions assessment for crane.

• Communication plan including pre-lift meeting, lift area ground access restrictions, and notifications to employees in the area.

• Site assessment and lift plan sketch.

• Fill Material and Drift Eliminator Replacement

• Remove the existing PVC fill material from the cooling tower cells along with the PVC drift eliminators.

• Place the deteriorated components into job site dumpsters.

• Furnish and install new original equipment manufacturer (OEM) BAC Bacross PVC fill material and new galvanized fill supports.

• Furnish and install new OEM BAC PVC blade style drift eliminators in the upper / coil section or equivalent.

• Louvers and Louver Support Replacement

• Remove the existing galvanized louver supports and louvers from the towers. Place the deteriorated components into job site dumpsters for disposal.

• Furnish and install new epoxy coated OEM BAC louver support members and new fiberglass reinforced polymer (FRP) louver blades or equivalent.

• Furnish and install new OEM BAC intake screens and hardware or equivalent.

• Water Diverter Replacement

• While performing the fill material replacement; remove the heavily corroded galvanized water diverter / baffle located above the fill material.

• Furnish and install new hot dip galvanized OEM BAC water diverters / baffles with new hardware or equivalent.

• Water Distribution System Clean Out and Nozzle Replacement

• Remove the existing PVC distribution lateral spray piping from the header box.

• Clean out the distribution lateral pipes of any debris and/or sediment.

• Replace distribution nozzles with new OEM BAC nozzles, including new nozzle grommets or equivalent.

• Re-install the existing PVC distribution lateral pipes. Include new lateral pipe grommets and ensure the distribution lateral pipe spray system is properly aligned and secured.

• Clean spray water pump strainer and basin of all debris and surface contaminants.

• Clean coil of all debris and surface contaminants.

• Contractor shall be responsible for verifying operation of basin water level control and heater prior to starting work. Contractor responsible for replacement if damaged during construction.

• Mechanical Component Replacement

• Remove the existing fan assemblies and set the fans aside to be reinstalled upon project completion.

• Remove the existing fan shafts, fan bushings, bearings, fan sheaves and associated bushings.

• Place the old components into job site dumpsters for disposal.

• Furnish and install new OEM BAC aluminum fan shafts, fan bushings, bearings, fan sheaves, belts, and necessary bushings or equivalent.

• Re-install the original fan assemblies. Verify proper fan blade time clearance and blade tracking.

• Perform a mechanical alignment per the manufacturer's specifications.

• Motor Adjustment Rod Replacement

• Remove the heavily corroded mechanical / motor adjustment rods.

• Furnish and install new motor adjustment rods to match the original design.

• Grease the adjustment rods to mitigate potential corrosion.

• Verify the mechanical components are properly aligned and belt tensions are properly set. Record alignment and belt tensions on contractor data sheets. Provide to customer for records.

• Cumberland County will provide an electrician to disconnect the electrical wiring for the motors.

• Longitudinal Channel Member Replacement

• Remove the heavily corroded longitudinal channel members (1 per cell) located in the tower plenum area.

• Furnish and install new epoxy coated OEM BAC longitudinal channel members (1 per cell).

Include new bolting hardware or equivalent.

• Wetted Area Casing Panel Coating

• While the PVC fill material is removed from the cooling tower units; mechanically power grind the interior side of the casing panels located in the wetted area (fill area) of the towers.

• Furnish and install elastomeric urethane coating to the wetted area (fill area) of the towers to mitigate corrosion degradation and help extend the equipment life.

• Jobsite cleanup & Demobilize

• Hoist all trash and debris from the roof top down to ground level and place into job site dumpsters.

• Note: Contractor shall provide the crane as necessary to hoist debris and trash down from the rooftop.

• All debris and trash shall be placed into contractor supplied job site dumpsters for disposal.

• Contractor may utilize non-OEM parts or factory authorized equivalent parts with approval during submittal phase. Parts must be submitted for substitution with factory authorization as greater than or equal to in performance and material quality, or documentation that OEM parts are not available.

Substitutions must include OEM and non-OEM part submittal information for comparison. If non- OEM part is not deemed of greater or equal quality to OEM part, then contractor will be responsible for providing OEM part at no additional cost to Cumberland County.

• Fill media kits must match or exceed original performance.

• Controls modifications are not expected for rebuild.

• Provide testing, adjusting and balancing for each tower cell to original design flow via flow balancing valves.

• Add Alternate 1 – Actuator Damper System Replacement

• Remove the existing damaged / seized actuator damper system. Place into job site dumpsters for disposal.

• Furnish and install a new OEM BAC positive closure polymer coated galvanized damper system with new actuators and stainless-steel linkages on both cells, or equivalent.

• Properly seat the damper system on the top of the unit and secure with new hardware and fasteners.

• Cumberland County will provide an electrician to disconnect and reconnect the electrical wiring for the damper system.

Contractor shall also meet the following qualifications:

The contractor shall be in good standing with the original equipment manufacturer (OEM) and located within 120 miles of the project site.

Company specializing in cooling tower rebuilds with minimum 5 years of experience and must be able to produce 5 past project references of successful cooling tower rebuilds upon request.

Factory trained technicians shall be able to provide instruction, routine maintenance, and emergency service within 24 hours upon receipt of request.

A full-time on-site experienced project manager for this work shall be responsible for the direct supervision of the installation and start-up of the system.

Contractor shall provide 2-hour onsite owner training to review operations and maintenance requirements and scheduled 2 weeks in advance.

Contractor to include all permitting and inspection costs.

Contractor shall clean-up work area and work area shall be free of any debris.

Contractor shall submit pay application with schedule of values approved by Cumberland County as described in general conditions.

Cumberland County is not aware of hazardous materials present in the project scope; however, contractor must comply with hazardous environmental conditions requirements in general conditions if discovered during construction.

Contractor to furnish all crane, rigging, and trucking as needed for this project and shall be responsible for all damage to equipment done during transportation, installation, and prior to turnover to Cumberland County.

Contractor to furnish all equipment necessary to protect existing facility and parking lot from damage. Any and all damage done to be responsibility of Contractor to repair. Contractor and County to walk area of work prior to beginning of project to note any pre-existing damage.

SECTION 01140 - WORK RESTRICTIONS

Contractor shall coordinate schedule for work to be done during normal business hours (M-F; 8am to 5pm) and coordinate with Cumberland County to limit downtime for the condenser water system during construction.

Contractor to commence work within 120 days of award, and work shall be complete within 60 days of the commencement of work.

All work to be completed in such manner that there is no interruption to the operation of the facility and during a time period in which building temperature may be adequately maintained between 68 and 72 degrees by the existing HVAC system.

All work to completed in such manner that there is no unplanned interruption to the operation of the facility.

Outages must be scheduled and approved with owner at least 2 weeks in advance with start and finish times.

SECTION 01330 - SUBMITTAL PROCEDURE

The Contractor shall, within 30 days after the Notice to Proceed has been issued by the Owner, provide submittals to the Engineer prior to acquiring the materials for this project. The Submittal SHALL include all pertinent information about the product, including but not limited to:

• Product Data

• Samples of the Materials

• Manufacturer’s Instructions for Application or Installation

END OF SECTION

BID

TO CUMBERLAND COUNTY

NORTH CAROLINA

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

CUMBERLAND COUNTY JUDGE E. MAURICE BRASWELL COURTHOUSE

COOLING TOWER REBUILD

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

THAT: The undersigned carefully examined the Invitation for Bid, the Specifications, Plans, this form of Bid, and the Contract and fully understands them.

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

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

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

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

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

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

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

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

THAT: The Bidder acknowledges receipt of the following Addendum:

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

BASE BID:

Dollars ($ ).

ALTERNATE 1: ACTUATOR DAMPER SYSTEM REPLACEMENT

Dollars ($ ).

Total Bid ($ ).

Submitted, this day of May, 2026.

CONTRACTOR

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

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

Address: _________________________________________

Attest: _________________________

License No. ______________________________________

Phone: __________________________________________

INSTRUCTIONS ON PROPER SIGNING

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

John Jones (Seal) Trading as [Type Company Name Here]

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

JONES PAVING COMPANY (Seal)

By: John Jones (Seal)

Title: General Contractor

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

(Corporate Seal) John Jones (Seal)

Title: President

ATTEST:

Thomas Jones Assistant Secretary

CONTRACT

THIS CONTRACT, made the day of , 2026 between the County of Cumberland, a body politic and a subdivision of the State of North Carolina, hereinafter referred to as COUNTY, and ____________________, a business located at ____________________ hereinafter referred to as

CONTRACTOR.

WITNESSETH:

THAT WHEREAS, a contract for the CUMBERLAND COUNTY JUDGE E. MAURICE BRASWELL COURTHOUSE COOLING TOWER REBUILD has recently been awarded to CONTRACTOR by the COUNTY, at and for a sum of:

($ ) as shown in the Bid attached hereto:

AND WHEREAS, it is provided in said award that a formal contract would be executed by and between CONTRACTOR and the COUNTY, evidencing the terms of said award, and that CONTRACTOR would commence the work to be performed under this agreement on a date to be specified in a written order by the COUNTY, and would fully complete all work within 60 calendar days from the date the Notice to Proceed is issued.

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

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

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

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

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

It is further mutually agreed that, if at any time after the execution of this agreement and the surety bond hereto attached for its faithful performance, the COUNTY shall deem the surety or sureties upon such bond to be unsatisfactory, or if, for any reason, such bond ceases to be adequate to cover the performance of the work, CONTRACTOR shall at its expense, within five days after the receipt of notice from the COUNTY so to do, furnish an additional bond or bonds in such form and amount, and with such surety or sureties as shall be satisfactory to the COUNTY. In such event no further payment to CONTRACTOR shall be deemed to be due under this agreement until new or additional security for the performance of the work shall be furnished in manner and form satisfactory to the COUNTY.

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

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

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

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

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

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

(Imprint corporate seal below this line)

ATTEST: By: _______________________________________

_________________________________ Title: ______________________________________

ATTEST: For the COUNTY OF CUMBERLAND COUNTY, NC

_________________________________ By: ___________________________________ Clarence Grier, County Manager

This instrument has been Pre-audited in the manner

Required by the local Government Budget and Fiscal Control Act.

County Finance Office

Approved for Legal Sufficiency upon formal execution by all parties

County Attorney’s Office ( ) Renewable ( ) Nonrenewable

Expiration Date: _________________

INSTRUCTIONS ON PROPER SIGNING

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

John Jones (Seal) Trading as [Type Company Name Here]

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

By: John Jones (Seal)

Title: General Contractor

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

(Corporate Seal) John Jones (Seal)

Title: President

ATTEST:

Thomas Jones Assistant Secretary

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

STANDARD GENERAL CONDITIONS

OF THE CONSTRUCTION CONTRACT

Endorsed by

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

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

Copyright © 2013:

National Society of Professional Engineers

1420 King Street, Alexandria, VA 22314-2794

(703) 684-2882 www.nspe.org

American Council of Engineering Companies

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

(202) 347-7474 www.acec.org

American Society of Civil Engineers

1801 Alexander Bell Drive, Reston, VA 20191-4400

(800) 548-2723 www.asce.org

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

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

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

STANDARD GENERAL CONDITIONS OF THE

CONSTRUCTION CONTRACT

TABLE OF CONTENTS

Page

ARTICLE 1 – Definitions and Terminology

1.01 Defined Terms

1.02 Terminology

ARTICLE 2 – Preliminary Matters

2.01 Delivery of Bonds and Evidence of Insurance

2.02 Copies of Documents

2.03 Before Starting Construction

2.04 Preconstruction Conference; Designation of Authorized Representatives

2.05 Initial Acceptance of Schedules

2.06 Electronic Transmittals

ARTICLE 3 – Documents: Intent, Requirements, Reuse

3.01 Intent

3.02 Reference Standards

3.03 Reporting and Resolving Discrepancies

3.04 Requirements of the Contract Documents

3.05 Reuse of Documents

ARTICLE 4 – Commencement and Progress of the Work

4.01 Commencement of Contract Times; Notice to Proceed

4.02 Starting the Work

4.03 Reference Points

4.04 Progress Schedule

4.05 Delays in Contractor’s Progress

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

5.01 Availability of Lands

5.02 Use of Site and Other Areas

5.03 Subsurface and Physical Conditions

5.04 Differing Subsurface or Physical Conditions

5.05 Underground Facilities

5.06 Hazardous Environmental Conditions at Site

ARTICLE 6 – Bonds and Insurance

6.01 Performance, Payment, and Other Bonds

6.02 Insurance—General Provisions

6.03 Contractor’s Insurance

6.04 Owner’s Liability Insurance

6.05 Property Insurance

6.06 Waiver of Rights

6.07 Receipt and Application of Property Insurance Proceeds

ARTICLE 7 – Contractor’s Responsibilities

7.01 Supervision and Superintendence

7.02 Labor; Working Hours

7.03 Services, Materials, and Equipment

7.04 “Or Equals”

7.05 Substitutes

7.06 Concerning Subcontractors, Suppliers, and Others

7.07 Patent Fees and Royalties

7.08 Permits

7.09 Taxes

7.10 Laws and Regulations

7.11 Record Documents

7.12 Safety and Protection

7.13 Safety Representative

7.14 Hazard Communication Programs

7.15 Emergencies

7.16 Shop Drawings, Samples, and Other Submittals

7.17 Contractor’s General Warranty and Guarantee

7.18 Indemnification

7.19 Delegation of Professional Design Services

ARTICLE 8 – Other Work at the Site

8.01 Other Work

8.02 Coordination

8.03 Legal Relationships

ARTICLE 9 – Owner’s Responsibilities

9.01 Communications to Contractor

9.02 Replacement of Engineer

9.03 Furnish Data

9.04 Pay When Due

9.05 Lands and Easements; Reports, Tests, and Drawings

9.06 Insurance

9.07 Change Orders

9.08 Inspections, Tests, and Approvals

9.09 Limitations on Owner’s Responsibilities

9.10 Undisclosed Hazardous Environmental Condition

9.11 Evidence of Financial Arrangements

9.12 Safety Programs

ARTICLE 10 – Engineer’s Status During Construction

10.01 Owner’s Representative

10.02 Visits to Site

10.03 Project Representative

10.04 Rejecting Defective Work

10.05 Shop Drawings, Change Orders and Payments

10.06 Determinations for Unit Price Work

10.07 Decisions on Requirements of Contract Documents and Acceptability of Work

10.08 Limitations on Engineer’s Authority and Responsibilities

10.09 Compliance with Safety Program

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

11.01 Amending and Supplementing Contract Documents

11.02 Owner-Authorized Changes in the Work

11.03 Unauthorized Changes in the Work

11.04 Change of Contract Price

11.05 Change of Contract Times

11.06 Change Bids

11.07 Execution of Change Orders

11.08 Notification to Surety

ARTICLE 12 – Claims

12.01 Claims

ARTICLE 13 – Cost of the Work; Allowances; Unit Price Work

13.01 Cost of the Work

13.02 Allowances

13.03 Unit Price Work

ARTICLE 14 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work

14.01 Access to Work

14.02 Tests, Inspections, and Approvals

14.03 Defective Work

14.04 Acceptance of Defective Work

14.05 Uncovering Work

14.06 Owner May Stop the Work

14.07 Owner May Correct Defective Work

ARTICLE 15 – Payments to Contractor; Set-Offs; Completion; Correction Period

15.01 Progress Payments

15.02 Contractor’s Warranty of Title

15.03 Substantial Completion

15.04 Partial Use or Occupancy

15.05 Final Inspection

15.06 Final Payment

15.07 Waiver of Claims

15.08 Correction Period

ARTICLE 16 – Suspension of Work and Termination

16.01 Owner May Suspend Work

16.02 Owner May Terminate for Cause

16.03 Owner May Terminate For Convenience

16.04 Contractor May Stop Work or Terminate

ARTICLE 17 – Final Resolution of Disputes

17.01 Methods and Procedures

ARTICLE 18 – Miscellaneous

18.01 Giving Notice

18.02 Computation of Times

18.03 Cumulative Remedies

18.04 Limitation of Damages

18.05 No Waiver

18.06 Survival of Obligations

18.07 Controlling Law

18.08 Headings

ARTICLE 1 – DEFINITIONS AND TERMINOLOGY

1.01 Defined Terms

A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term’s singular and plural forms, will have the meaning indicated in the definitions below. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms.

1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents.

2. Agreement—The written instrument, executed by Owner and Contractor, that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that are Contract Documents.

3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents.

4. Bid—The offer of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed.

5. Bidder—An individual or entity that submits a Bid to Owner.

6. Bidding Documents—The Bidding Requirements, the proposed Contract Documents, and all Addenda.

7. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments.

8. Change Order—A document which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, or other revision to the Contract, issued on or after the Effective Date of the Contract.

9. Change Bid—A written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Contract Price or Contract Times, or both;

contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; challenging a set-off against payments due;

or seeking other relief with respect to the terms of the Contract.

10. Claim—(a) A demand or assertion by Owner directly to Contractor, duly submitted in compliance with the procedural requirements set forth herein: seeking an adjustment of Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; contesting Engineer’s decision regarding a…