NBHS Cafeteria Addition.pdf

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

Dale Cole, Superintendent

Dale Cole, Superintendent

DATE: September 9, 2026

REQUEST FOR BID: NBHS Cafeteria Addition

RFB #: 153.326.27.OPS.003

BIDS DUE: September 22, 2026 2:00PM

Sealed Bids for the construction of NBHS Cafeteria Addition will be accepted by the Brunswick County Board of Education (the Owner) on or before September 22, 2026 at 2:00PM. Bids can be delivered by mailing or dropping off at Brunswick County Schools Operations office at 199 Sessions Dr., Bolivia, NC 28422 and placing in the drop box. Please be advised that mail or delivery services do not normally deliver before 3:00PM. Bids will be publicly opened and read aloud immediately after 2:00 PM in the Operations Conference Room at the same location. Late bids will not be accepted.

The successful contractor will be responsible for all work described herein. All questions should be emailed to

Cherie Suther at csuther@bcswan.net and reference RFB# in subject line by September 17, 2026. If necessary, addendum(s) will be issued and posted on or before September 18, 2026. Contractors are encouraged to access the Brunswick County Schools website at the following link for addendums.

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

Bids are to be binding for a period of sixty (60) days from the date of the Bid opening. Brunswick County Board of Education plans to award a contract to the lowest responsive responsible bidder taking into consideration all factors including the information requested herein. The Brunswick County Board of Education reserves the right to reject any or all bids, and to request modifications subject to the provisions of the General Statutes of the State of North Carolina, and Brunswick County School policy. The Brunswick County Board of Education is not liable for any cost incurred by contractors prior to issuance of a Purchase Order for the work.

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

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

IN A SEPARATE ENVELOPE CONTAINED WITHIN THE BID PACKAGE. The contractor will be required to furnish Payment and Performance Bonds equaling 100% of the contract price which must be issued by an authorized Surety upon award of the contract. The cost of all bonds is to be included in the bid.

Pre-Bid Site Meeting: A pre-bid meeting will be held on September 15, 2026 at 9:00am at North Brunswick

High School. The pre-bid meeting is non-mandatory but strongly encouraged. Visits to the school can be scheduled by emailing Cherie Suther at csuther@bcswan.net.

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

Evaluation Factors For Award

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

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

Scope of Services: The Scope of Services to be included in the bid includes but is not limited to the following items:

The contractors are responsible for all items required to complete the scope of services; those items being included in the scope of services even if not listed below. The subcontractor’s workmanship shall be equal to or exceed the workmanship of reputable contractors performing similar work in the Wilmington Metropolitan

Service Area. Contractor shall perform the following scope of work in compliance with all federal, state, and local codes and in accordance with any plans, specifications and engineered drawings, design, or criteria.

The scope of work for the North Brunswick High School Addition project involves constructing a new cafeteria addition along with associated site, structural, architectural, roofing, and MEP modifications.

Site Work & Demolition: Selectively saw-cutting concrete slabs, stripping interior finishes, removing interior aluminum doors and removing exterior door, soffits, and non-active electrical lines while maintaining existing active utilities and fire protection as per construction plans dated 08-20-26

Structural & Exterior Envelope: Constructing concrete footings, slab-on-grade foundations, structural steel framing, and interior fire-rated walls, alongside a brick veneer system, air/vapor barriers, continuous insulation, and prefinished standing seam metal roofing as per construction plans dated 08-20-26

Architectural & Interior Finishes: Installing new insulated aluminum storefront systems, exterior entrance doors, interior drywall, paint, rubber base, and acoustic tile ceilings as per construction plans dated 08-20-26

MEP Systems: Supplying and Installing one outdoor heat pump unit with three indoor cassette units, upgrading electrical distribution, installing interior/exterior lighting, adding exit signage, and integrating connected fire alarm systems as per construction plans dated 08-20-26

GENERAL

● Brunswick County Schools has a policy of No Contact, Socialization, Or Fraternization between contractor personnel and students or school staff. All Brunswick County Board of Education property is designated as non-smoking non-tobacco use areas. All employees must sign a Policy Compliance Form prior to mobilization to the site.

● Lump Sum Bid to include all applicable taxes, shipping costs, and delivery lead time once selections made.

● The contractor shall provide Brunswick County Schools with a list of subcontractors along with subcontractor’s contact information that will be performing work for the contractor.

● The contractor shall supply submittals, shop drawings, color selections samples, schedule of construction, and a schedule of values prior to commencement of the work.

● The contractor shall schedule and perform the work without impeding or interfering with day-to-day school activities, functions, classes, etc This may include installing temporary routes, barricades, etc… for the protection of the public where the work is to be performed

● Contractor shall obtain all required permits and pay all fees associated with this work.

● Contractor will be responsible for having all utilities, power lines, water lines, sewer lines, gas lines, telephone lines, data lines, communication lines, etc located by locating service as necessary.

● Contractor shall maintain a safe and clean work environment. Contractor shall maintain a dumpster on site for duration of the project with periodic hauling off trash and construction debris. Contractor is responsible for daily cleanup of any trash and construction debris to maintain a safe and clean job site.

● Contractor shall provide its employees and subcontractors with a portable restroom facility to be maintained, cleaned, and emptied weekly.

● Work area is to be left safe at the close of each workday. Leave no unfilled/protected holes. Remove all aluminum cuttings/waste immediately. Do not interrupt power, telephone, or communication systems.

Coordinate work with Capital Projects Office.

● Safety: Contractor shall erect barriers as needed, to prevent pedestrians and vehicles from entering the work area. Contractor to provide and use any and all equipment needed to complete the work following all OSHA guidelines and requirements.

● Contractor shall complete Architect’s, Engineer’s, or Owner’s punch list before final payments and release of retainage will be issued.

● Upon completion of the work the contractor is to perform a final construction cleaning of all surfaces and areas associated with this project.

Schedule of Completion: The undersigned understands that time is of the essence and agrees to the Contract

Time and liquidated damages as indicated in Owner Contractor Agreement will apply to this Work. The undersigned hereby agrees to commence work on this project within 30 days following receipt of an Executed

Agreement between the Owner and Contractor. Complete work under the Base Bid and all alternates accepted within 90 calendar days from the date of commencement. Liquidated damages shall be $250.00 per day after substantial completion date agreed upon in Owner Contractor Agreement.

Pre-Construction Meeting: Prior to beginning of construction, the successful contractor, representatives of the

Owner, and other parties who may be designated by the Owner, will meet at a location chosen by the owner for the purpose of reviewing the specific details of the delivery of services, and Board of Education required limitations and requirements.

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

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

County Board of Education has a policy of No Contact, No Socialization, and No Fraternization between contractor personnel and students or school staff, except as required by the delivery of services. The Brunswick

County Board of Education has a “zero tolerance” for such actions. Individuals violating any of these policies shall be removed from the site immediately and will be subject to citation for criminal offense, if applicable. All contractor employees on school property must sign the attached Policy Compliance Form.

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

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

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

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

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

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

Payments to Contractor: Partial payments may be made by the owner if pay requests are per a vendor supplied owner approved Schedule of Values. The contractor must include a sales tax report covering material purchases with each invoice. BCS will not process any pay request without this report.

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

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

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

Bid will govern this work included in Exhibit 1.

Exhibit 1 Sample Contract

OWNER-CONTRACTOR AGREEMENT

SCHOOL NAME: __________

THIS AGREEMENT, made this ( ) day of ________, Two Thousand and Twenty-Six by and between Brunswick County

Board of Education(herein referred to as the "Owner"), whose mailing address is 35 Referendum Dr., Bolivia, NC 28422 and

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

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

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

WITNESSETH:

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

_______________ (hereinafter referred to as the "Project" or the "Work"); and

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

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

Article 1

DEFINITIONS

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

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

Agreement, the General and Supplemental Conditions of the Contract, the Drawings, the Specifications, all Addenda issued prior to bidding, and all Modifications and Change Orders issued after execution of the Contract.

Article 2

STATEMENT OF THE WORK

2.1 The Project is the Work identified in the plans and specifications prepared by ________________ dated ________, 2026 for

Brunswick County Board of Education, ___________________, including the following addenda:

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

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

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

List item(s) and proposed deduct/add(s). If none, delete this language list “None”

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

List item(s) and proposed allowance(s). If none, delete this language list “None”

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

2.6 The Contractor shall further provide and pay for all related facilities described in any of the Contract Documents, including all work expressly specified therein and such additional work as may be reasonably inferred therefrom, saving and excepting only such items of work as are specifically stated in the Contract Documents not to be the obligation of the Contractor. The totality of the obligations imposed upon the contractor by this Article and by all other provisions of the Contract Documents, as well as the structures to be built and the labor to be performed, is herein referred to as the "Work".

Article 3

DESIGN CONSULTANT

3.1 The Design Consultant (as defined in the General Conditions) shall be ( ) whose address is ( ), however, that the Owner may, without liability to the Contractor, unilaterally amend this Article from time to time by designating a different person or organization to act as its Design Consultant and so advising the Contractor in writing, at which time the person or organization so designated shall be the Design Consultant for purposes of this Contract.

Article 4

TIME OF COMMENCEMENT AND COMPLETION

4.1 The Contractor shall commence the Work promptly upon the date established in the Notice to Proceed. If there is no Notice to Proceed, the date of commencement of the Work shall be the date of this Agreement or such other date as may be established herein.

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

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

EXTENSIONS OF TIME.

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

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

Article 5

CONTRACT SUM

5.1 Provided that the Contractor shall strictly and completely perform all of its obligations under the Contract Documents, and subject only to additions and deductions by Modification or as otherwise provided in the Contract Documents, the Owner shall pay to the Contractor, in current funds and at the time and in the installments hereinafter specified, the sum of

______________________________________ Dollars ($___________) herein referred to as the "Contract Sum". This amount includes the base bid and the Alternates in Section 2.2

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

5.3 Unit Prices are established as follows for the Project:

Unit Price No. 1 $

Unit Price No. 2 $

Article 6

PROGRESS PAYMENTS

6.1 The Contractor hereby agrees that on or about the First day of the month for every month during the performance of the Work he will deliver to the Owner's Project Manager an Application for Payment in accordance with the provisions of Article 9 of the General Conditions. This date may be changed upon mutual agreement, stated in writing, between the Owner and

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

Article 7

OTHER REQUIREMENTS

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

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

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

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

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

BRUNSWICK COUNTY BOARD OF EDUCATION

Board Chairperson

ATTEST:

Superintendent

By: ________________________________________

_________________, President or Vice-President

(Print Name)

ATTEST:

Corporate Secretary

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

Finance Officer Date

SECTION GC

GENERAL CONDITIONS

OF THE

CONTRACT FOR CONSTRUCTION

TABLE OF ARTICLES

1. CONTRACT DOCUMENTS

2. OWNER

3. CONTRACTOR

4. SUBCONTRACTORS

5. WORK BY OWNER OR BY SEPARATE CONTRACTORS

6. MISCELLANEOUS PROVISIONS

7. TIME

8. PAYMENTS AND COMPLETION

9. INSURANCE

10. CHANGES IN THE WORK

11. UNCOVERING AND CORRECTION

12. TERMINATION OF THE CONTRACT

APPENDIX A – Contractor’s Sales Tax Report

APPENDIX B-1 – Change Proposal Form (Time & Materials or Unit Price)

APPENDIX B-2 – Change Proposal Form (Fixed Price)

APPENDIX C – Sexual Registry Check Form

ARTICLE 1

CONTRACT DOCUMENTS

1.1 GENERAL

1.1.1 The Contract Documents consist of the Owner-Contractor Agreement, the Conditions of the Contract (General, Supplementary and other Conditions), the Drawings, the Specifications, and all Addenda issued prior to and all

Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order issued pursuant to the provisions of Article 10, (3) a written interpretation issued by the Design Consultant, or (4) a written order for a minor change in the Work issued pursuant to this contract.

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

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

END OF ARTICLE 1

ARTICLE 2

OWNER

2.1 INFORMATION, SERVICES AND RIGHTS OF THE OWNER

2.1.1 The Owner shall at all times have access to the Work whenever it is in preparation or progress. The Contractor shall provide safe facilities for such access.

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

Documents.

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

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

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

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

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

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

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

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

2.2.1 If the Contractor fails to correct defective Work or fails to carry out the Work or supply labor and materials in accordance with the Contract Documents, the Owner by a written order may order the Contractor to stop the

Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the

Owner to stop the Work shall not give rise to any duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity.

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

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

Consultant in the administration of this Contract, or by failure of any one of them to act within the time specified in this Contract (or if no time is specified, within a reasonable time), an adjustment shall be made for an increase in the actual time required for performance of the Work by the Contractor, due solely to such unreasonable suspension, delay, or interruption and the Contract modified in writing accordingly. However, no claim shall be made under this Subparagraph for any suspension, delay, or interruption pursuant to Subparagraph 2.3.1, or for which claim is provided or excluded under any other provision of this Contract. No claim under this

Subparagraph shall be allowed on behalf of the Contractor or its subcontractors, unless within 10 days after the act or failure to act involved, and for continuing or ongoing acts or failures to act within 10 days of the first day of the act or failure to act the Contractor submits to the Owner a written statement setting forth, as fully as then practicable, the extent of such claim, and unless the claim is asserted in writing within 20 days after the termination of such suspension, delay, or interruption. For continuing or ongoing acts or failures to act, the

Contractor shall update its written statement every 15 days until the suspension, delay or interruption is terminated. The Contractor shall waive any and all claims not filed in strict conformance with this paragraph.

The Contractor shall indemnify, defend and hold the Owner harmless from any claim by a Subcontractor that is waived because it is not filed in strict conformance with this paragraph or any other provision of this

Agreement regarding claims.

2.2.4 In the event of a suspension of work or delay or interruption of work, the Contractor will and will cause his subcontractors to protect carefully his, and their, materials and work against damage or injury from the weather and maintain completed and uncompleted portions of the work as required by the Contract Documents. If, in the opinion of the Owner, any work or material shall have been damaged or injured by reason of failure on the part of the Contractor or any of his subcontractors to so protect same, such work and materials shall be removed and replaced at the expense of the Contractor.

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

2.3 OWNER'S RIGHT TO CARRY OUT THE WORK

2.3.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within ten days after the date written notice is mailed by the Owner to commence and continue remedy of such default or neglect with diligence and promptness, the Owner may, without prejudice to any other remedy he may have, make good such deficiencies and may further elect to complete all Work thereafter through such means as the Owner may select, including the use of a new contractor. In such case the Owner shall issue a

Change Order deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for the Design Consultant's additional services made necessary by such default, neglect or failure. Such action by the Owner and the amount charged to the Contractor are both subject to the prior approval of the Design Consultant. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. Notwithstanding the

Owner's right to carry out a portion of the work, warranty, maintenance and protection of the work remains the

Contractor's responsibility. Further, the provisions of this paragraph do not affect the Owner's right to require the correction of defective or non-conforming work in accordance with this contract.

END OF ARTICLE 2

ARTICLE 3

CONTRACTOR

3.1 DEFINITION

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

3.2 REVIEW OF CONTRACT DOCUMENTS

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

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

Samples for such portion of the Work.

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

3.3 SUPERVISION AND CONSTRUCTION PROCEDURES

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

3.3.2 The Contractor shall be responsible to the Owner for the acts and omissions of his employees, Subcontractors and Sub- subcontractors, suppliers, their agents and employees, and other persons performing any of the Work and for their compliance with each and every requirement of the Contract Documents, in the same manner as if they were directly employed by the Contractor.

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

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

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

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

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

3.4 LABOR AND MATERIALS

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

3.4.2 The Contractor shall at all times enforce strict discipline and good order among his employees and shall not employ on the Work any unfit person or anyone not skilled in the task assigned to him. The Owner may, by notice in writing, require the Contractor to remove from the work any employee the Owner deems incompetent, careless or otherwise objectionable. All agents and workers of the Contractor and its Subcontractors shall wear identification badges provided by the Contractor at all times they are on the Owner’s property. The identification badges shall at a minimum display the company name, telephone number and employee’s picture and name and must be worn in plain view at all times. Additionally, once school staff occupies the building, all contractors and their respective subcontractors shall be required to sign in and out of the visitor’s log each day they are performing services. They must also wear a visitor’s pass which will indicate to staff that they have met this requirement which applies to anyone performing services anywhere on the school property.

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

3.4.4 All equipment, apparatus and/or devices of any kind to be incorporated into the Work that are shown or indicated on the drawings or called for in the specifications or required for the completion of the work shall be entirely satisfactory to the Owner and the Design Consultant as regards operations, capacity and/or performance. No approval, either written or verbal, of any drawings, descriptive data or samples of such equipment, apparatus and/or device shall relieve the Contractor of his responsibility to turn over the same in good working order for its intended purpose at the completion of the Work in complete accordance with the

Contract Documents. Any equipment, apparatus and/or device not fulfilling these requirements shall be removed and replaced by proper and acceptable equipment, etc. or put in good working order satisfactory to the Owner and Design Consultant without additional cost to the Owner.

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

BE CONSIDERED CONTRACTOR’S NEGLIGENCE AND THE CONTRACTOR SHALL PERFORM ALL

NECESSARY WORK TO REMOVE THE ASBESTOS AND RESTORE THE SITE TO THE ‘PRE-CONTRACT’

CONDITION. Contractor shall assume all facilities built prior to 1979 have lead-based paint. Any paint removal shall be in accordance with OSHA standard pertaining to lead (29 CFR 1915.1025).

3.5 WARRANTY

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

Consultant, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by the provisions of Article 11.

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

Completion of the Work.

3.5.3 If, within one year after the Date of Substantial Completion of the Work or designated portion thereof or within one year after acceptance by the Owner of designated equipment or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective, not in accordance with the Contract Documents, or not in accordance with the guarantees and warranties specified in the Contract documents, the Contractor shall correct it within five (5) working days or such other period as mutually agreed, after receipt of a written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The

Owner shall give such notice with reasonable promptness after discovery of the condition. For items, which remain incomplete or uncorrected on the date of Substantial Completion, the one-year warranty shall begin on the date of Final Completion of the Work. If the Contract Documents include painting work, the one year warranty period in this section shall be extended to two years.

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

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

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

3.6 TAXES

3.6.1 The Contractor shall pay all sales, consumer, use and other similar taxes for the Work or portions thereof provided by the Contractor which are legally enacted at the time bids are received, whether or not yet effective.

The Contractor shall indemnify and hold the Owner harmless from any claims arising out of the Contractor’s failure to pay all required taxes, including claims by the county for its inability to recover taxes that were not properly paid to the State of North Carolina by the Contractor.

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

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

3.7 PERMITS, FEES AND NOTICES

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

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

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

3.8 PROGRESS SCHEDULE

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

3.9 RESPONSIBILITY FOR COMPLETION

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

Agreement.

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

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

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

3.10 DOCUMENTS AND SAMPLES AT THE SITE

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

3.11 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES

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

Data, Manuals and Samples required by the Contract Documents.

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

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

Consultant.

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

Documents by the Design Consultant's review of Shop Drawings, Product Data, Samples or Manuals under unless the Contractor has specifically informed the Design Consultant in writing of such deviation at the time of submission and the Design Consultant has given written approval to the specific deviation. The Contractor shall not be relieved from responsibility for errors or omissions in the Shop Drawings, Product Data, Samples, or Manuals by the Design Consultant's review thereof.

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

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

3.12 EQUAL PRODUCTS AND SUBSTITUTIONS

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

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

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

3.13 USE OF SITE

3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits, easements, right-of- way agreements and the Contract Documents. The Contractor shall not unreasonably encumber the site, in the opinion of the Owner, with any materials, equipment or trailers nor shall he block the entrances or otherwise prevent reasonable access to the site, other working and parking areas, completed portions of the

Work and/or properties, storage areas, areas of other facilities that are adjacent to the worksite. If the

Contractor fails or refuses to move said material, equipment or trailers within 24 hours of notification by the

Owner, to so do, the Owner shall have the right, without further notice, to remove, at the Contractor's expense, any material, equipment and/or trailers which the Owner deems are in violation of this paragraph.

3.14 CUTTING AND PATCHING OF WORK

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

3.14.2 Existing structures and facilities including but not limited to building, utilities, topography, streets, curbs, walks, etc., that are damaged or removed due to required excavations or other construction work, shall be patched, repaired or replaced by…