NOMACO PARK RENOVATIONS Project Manual 08142026.pdf

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Attached to
Renovations at Nomaco Park
Solicitation number
26-085
Issued by
Wake County, North Carolina

About this file

This is a Project Manual and contract bidding document for Nomaco Park Renovations, a construction project administered by Wake County in Zebulon, North Carolina. The project encompasses comprehensive renovations including paving, earthwork, planting, landscaping, storm drainage, concrete curb and gutter, lighting, electrical work, selective demolition, playground equipment, fire suppression systems, plumbing, HVAC, painting, gypsum board and finishes, metals, and masonry. The work is organized under a single prime general construction contract with separate bid proposals required for plumbing, HVAC, and electrical subcontractors. Sealed bids are due by 2:00 p.m. on September 15, 2026, at Wake County Procurement Services in Raleigh, North Carolina. A pre-bid conference is scheduled for August 27, 2026, at 2:00 p.m. at Nomaco Park (1501 NC-39, Zebulon, NC 27597), with written questions accepted until 5:00 p.m. on August 28, 2026. A final addendum will be released no later than 5:00 p.m. on September 4, 2026. Contract documents are available electronically from LS3P (the architect) and open for inspection at their Raleigh office. The selected contractor must execute the contract within ten days of award notification and maintain a sixty-day bid validity period.

Bidders must submit a 5 percent bid security via cash deposit, certified check, or bid bond and must provide performance and payment bonds each equal to 100 percent of the contract price upon award. The project manual requires submission of base bid pricing plus pricing for five alternates, with unit prices to include overhead and profit. All contractors and subcontractors must comply with North Carolina E-Verify requirements and anti-discrimination provisions per Wake County Ordinance SL 2017-4. Insurance requirements are extensive, including workers' compensation, automobile liability with $1,000,000 combined single limit, general liability with $2,000,000 aggregate per project, and umbrella liability with $3,000,000 limits. The contractor must name Wake County, the designer (LS3P), and the construction manager as additional insureds. All contractors must be registered as Wake County vendors and will execute contracts electronically through DocuSign. Liquidated damages apply for failure to meet project completion dates as specified in the supplemental general conditions. The contract documents establish North Carolina law as governing and require venue in Wake County courts.

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PROJECT MANUAL

NOMACO PARK RENOVATION

1501 NC-39

ZEBULON, NC 27597

PERMIT SET

AUGUST 13, 2026 VOLUME NO. 1 OF 1

421 N. HARRINGTON ST

SUITE 700

RALEIGH, NC 27603

PHONE: 919.829.2700

LS3P COMMISSION NUMBER: 8110-250883

© 2026

LS3P NOMACO PARK RENOVATIONS 8110-250883

Permit Set August 13, 2026

PROJECT DIRECTORY AND SEALS PAGES 000107 - 1

DOCUMENT 000107 – PROJECT DIRECTORY AND SEALS PAGES

ARCHITECTURE FIRM

421 N. Harrington St, Suite 700, Raleigh, NC 27603

Phone: 919.829.2700

LS3P

Corporate License #50417

ARCHITECT

Suite 700, Raleigh, NC 27603

Phone: 919.829.2700

Ryan MacCrea

License # 15960

CIVIL ENGINEER

McAdams

621 Hillsborough St.

Suite 500

Raleigh, NC 27603

919.361.5000

Nathan Bales

License # 044862

LANDSCAPE

ARCHITECT

McAdams

621 Hillsborough St.

Suite 500

Raleigh, NC 27603

919.361.5000

Dave Toms

License# 1898

08/12/2026

8.13.2026

Michael Cassibry

License #060238

Brian Kisko

License #2126

PROJECT DIRECTORY AND SEALS PAGES 000107 - 2

STRUCTURAL

ENGINEER

Scalene

Suite 440, Raleigh, NC 27603

Phone: 919.889.5383

Sarah Musser

License # 031551

FIRE PROTECTION

BN&K

6310 Chapel Hill Rd

Suite 250

Durham, NC 27607

919.851.4422

Mark A. Seaboch

License # 21653

PLUMBING

Suite 250

Durham, NC 27607

919.851.4422

Victoria L. Johnson

License # 39709

MECHANICAL

Suite 250

Durham, NC 27607

919.851.4422

Steven P. Shemkovitz

License # 37262

PROJECT DIRECTORY AND SEALS PAGES 000107 - 3

ELECTRICAL

Newcomb & Boyd

5425 Page Road

Suite 215

Durham, NC 27703

919.783.7812

Matthew D. Burleson

License # 20619

END OF PROJECT DIRECTORY AND SEALS PAGES

TABLE OF CONTENTS 000110 - 1

TABLE OF CONTENTS

COVER & PROJECT DIRECTORY

000101 – PROJECT COVER PAGE

000107 – PROJECT DIRECTORY AND SEALS PAGE

000110 – TABLE OF CONTENTS

DIVISION 00 — PROCUREMENT AND CONTRACTING REQUIREMENTS

01 - NOTICE TO BIDDERS

02 - INSTRUCTIONS TO BIDDERS-FORMAL

03 - NOTICE OF WC ELECTRONIC CONTRACTING PROCESSES

04 - BID PROPOSAL FORM

05 - BID BOND FORM

06 – CONSTRUCTION AGREEMENT FORM

ATTACHMENT A – REMOVE MBE PROVISIONS

07 – PAYMENT AND PERFORMANCE BOND FORMS

08 - GENERAL CONDITIONS

09 - SUPPLEMENTAL GENERAL CONDITIONS

10 - APPENDIX A - DISPUTE RESOLUTION & MEDIATOR LIST

11 - APPENDIX B - SALES TAX REPORT FORM FOR PAY APPS

DIVISION 01 — GENERAL REQUIREMENTS

011000 - SUMMARY

012300 - ALTERNATES

012500 - SUBSTITUTION PROCEDURES

CONTRACTOR'S REQUEST FOR SUBSTITUTION FORM

012600 - CONTRACT MODIFICATION PROCEDURES

012900 - PAYMENT PROCEDURES

013100 - PROJECT MANAGEMENT AND COORDINATION

013200 - CONSTRUCTION PROGRESS DOCUMENTATION

013233 - PHOTOGRAPHIC DOCUMENTATION

013300 - SUBMITTAL PROCEDURES

DIGITAL DATA LETTER OF AGREEMENT

014000 - QUALITY REQUIREMENTS

014100 – SPECIAL INSPECTIONS

015000 - TEMPORARY FACILITIES AND CONTROLS

LS3P JOBSITE SIGNAGE SPECIFICATION

015639 - TEMPORARY TREE AND PLANT PROTECTION

016000 - PRODUCT REQUIREMENTS

017300 - EXECUTION

017329 - CUTTING AND PATCHING

017419 - CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL

017700 - CLOSEOUT PROCEDURES

017823 - OPERATION AND MAINTENANCE DATA

017839 - PROJECT RECORD DOCUMENTS

017900 - DEMONSTRATION AND TRAINING

DIVISION 02 — EXISTING CONDITIONS

024119 - SELECTIVE DEMOLITION

VOLUME ONE

TABLE OF CONTENTS 000110 - 2

DIVISION 03 — CONCRETE

033000 – CAST-IN-PLACE CONCRETE

DIVISION 04 — MASONRY

042000 - UNIT MASONRY

DIVISION 05 — METALS

051200 – STRUCTURAL STEEL FRAMING

051521 - BARRIER CABLE SYSTEMS

054000 – COLD-FORMED METAL FRAMING

055000 - METAL FABRICATIONS

055119 - METAL GRATING STAIRS

055213 - PIPE AND TUBE RAILINGS

055213.1 - PIPE AND TUBE RAILINGS - SITE

057000 - DECORATIVE METAL

057300 - DECORATIVE METAL RAILINGS

057313 - GLAZED DECORATIVE METAL RAILINGS

DIVISION 06 — WOOD, PLASTICS, AND COMPOSITES

061053 - MISCELLANEOUS ROUGH CARPENTRY

061600 - SHEATHING

064116 - PLASTIC-LAMINATE-CLAD ARCHITECTURAL CABINETS

066400 – PLASTIC PANELING

DIVISION 07 — THERMAL AND MOISTURE PROTECTION

071326 - SELF-ADHERING SHEET WATERPROOFING

075423 – THERMOPLASTIC-POLYOLEFIN (TPO) ROOFING

076200 - SHEET METAL FLASHING AND TRIM

078100 – APPLIED FIREPROOFING

079200 - JOINT SEALANTS

DIVISION 08 — OPENINGS

081113 - HOLLOW METAL DOORS AND FRAMES

083113 - ACCESS DOORS AND FRAMES

083326 - OVERHEAD COILING GRILLES

085693 - TRANSACTION WINDOWS

087100 - DOOR HARDWARE

088700 – GLAZING SURFACE FILM

DIVISION 09 — FINISHES

092216 - NON-STRUCTURAL METAL FRAMING

092900 - GYPSUM BOARD

093000 - TILING

095113 - ACOUSTICAL PANEL CEILINGS

095461 - MODULAR FELT CEILING PANELS

096513 - RESILIENT WALL BASE AND ACCESSORIES

096519 - RESILIENT TILE FLOORING

096813 - TILE CARPETING

097200 - WALL COVERINGS

099113 - EXTERIOR PAINTING

099123 - INTERIOR PAINTING

DIVISION 10 — SPECIALTIES

101419 - DIMENSIONAL LETTER SIGNAGE

TABLE OF CONTENTS 000110 - 3

101423 - PANEL SIGNAGE

102113 - PLASTIC TOILET COMPARTMENTS

102800 - TOILET, BATH, AND LAUNDRY ACCESSORIES

104413 - FIRE PROTECTION CABINETS

104416 - FIRE EXTINGUISHERS

108113 - BIRD CONTROL DEVICES

DIVISION 11 — EQUIPMENT

116813 - PLAYGROUND EQUIPMENT

DIVISION 12 — FURNISHINGS

122413 - ROLLER WINDOW SHADES

123661.19 - QUARTZ AGGLOMERATE COUNTERTOPS

126100 - FIXED AUDIENCE SEATING

129300 - SITE FURNISHINGS

DIVISION 21 — FIRE SUPPRESSION

210050 - FIRE SUPPRESSION GENERAL

210500 - COMMON WORK RESULTS FOR FIRE SUPPRESSION

210513 - COMMON MOTOR REQUIREMENTS FOR FIRE SUPPRESSION EQUIPMENT

210523 - GENERAL-DUTY VALVES FOR WATER-BASED FIRE-SUPPRESSION PIPING

210553 - IDENTIFICATION FOR FIRE SUPPRESSION PIPING AND EQUIPMENT

211300 - FIRE-SUPPRESSION SPRINKLER SYSTEMS

DIVISION 22 — PLUMBING

220050 - PLUMBING GENERAL

220513 - COMMON MOTOR REQUIREMENTS FOR PLUMBING EQUIPMENT

220519 - METERS AND GAUGES FOR PLUMBING PIPING

220533 - HEAT TRACING FOR PLUMBING PIPING

220553 - IDENTIFICATION FOR PLUMBING PIPING AND EQUIPMENT

220719 - PLUMBING PIPING INSULATION

221005 - PLUMBING PIPING

221119 - DOMESTIC WATER PIPING SPECIALTIES

221123 - DOMESTIC WATER PUMPS

221319 - SANITARY WASTE PIPING SPECIALTIES

221323 - SANITARY WASTE INTERCEPTORS

223000 - PLUMBING EQUIPMENT

224000 - PLUMBING FIXTURES

DIVISION 23 — HEATING VENTILATING AND AIR CONDITIONING

230050 - HEATING, VENTILATING, AND AIR-CONDITIONING GENERAL

230513 - COMMON MOTOR REQUIREMENTS FOR HVAC EQUIPMENT

230548 - VIBRATION AND SEISMIC CONTROLS FOR HVAC

230553 - IDENTIFICATION FOR HVAC PIPING AND EQUIPMENT

230593 - TESTING, ADJUSTING, AND BALANCING FOR HVAC

230713 - DUCT INSULATION

230719 - HVAC PIPING INSULATION

230910 - CONTROL WIRING

230913 - INSTRUMENTATION AND CONTROL DEVICES FOR HVAC

232113 - HYDRONIC PIPING

232123 - HYDRONIC PUMPS

232300 - REFRIGERANT PIPING

TABLE OF CONTENTS 000110 - 4

233100 - HVAC DUCTS AND CASINGS

233300 - AIR DUCT ACCESSORIES

233423 - HVAC POWER VENTILATORS

233700 - AIR OUTLETS AND INLETS

234000 - HVAC AIR CLEANING DEVICES

238126.13 - SMALL-CAPACITY SPLIT-SYSTEM AIR CONDITIONERS

DIVISION 26 — ELECTRICAL

260050 - ELECTRICAL GENERAL

260505 - SELECTIVE DEMOLITION FOR ELECTRICAL

260519 - LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES

260526 - GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS

260529 - HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS

260533.13 - CONDUIT FOR ELECTRICAL SYSTEMS

260533.16 - BOXES FOR ELECTRICAL SYSTEMS

260533.23 - SURFACE RACEWAYS FOR ELECTRICAL SYSTEMS

260553 - IDENTIFICATION FOR ELECTRICAL SYSTEMS

260801 - TESTING

260916 - ELECTRIC CONTROLS AND RELAYS

260923 - LIGHTING CONTROL DEVICES

262200 - LOW-VOLTAGE TRANSFORMERS

262416 - PANELBOARDS

262726 - WIRING DEVICES

262813 - FUSES

262816.13 - ENCLOSED CIRCUIT BREAKERS

262816.16 - ENCLOSED SWITCHES

264300 - SURGE PROTECTIVE DEVICES

265100 - INTERIOR LIGHTING

265600 - EXTERIOR LIGHTING

DIVISION 31 — EARTHWORK

311000 - SITE CLEARING

312000 - EARTH MOVING

312319 - DEWATERING

312324 - FLOWABLE FILL

312500 - EROSION AND SEDIMENTATION CONTROL

312571 - FODS-WRITTEN SPECIFICATION

DIVISION 32 — EXTERIOR IMPROVEMENTS

321216 - ASPHALT PAVING

321313 - CONCRETE PAVING

321373 - CONCRETE PAVING JOINT SEALANTS

321413 - CONCRETE PAVER

321613 - CURB AND GUTTER

321713 - PARKING BUMPERS

321723 - PAVEMENT MARKINGS

323119 - DECORATIVE METAL FENCES AND GATES

329115 - SOIL PREPARATION (PERFORMANCE SPECIFICATION)

329200 - TURF AND GRASSES

329300 - PLANTS

TABLE OF CONTENTS 000110 - 5

DIVISION 33 — UTILITIES

334100 - STORM UTILITY DRAINAGE PIPING

334101 - STORM SYSTEM CLEANING

334102 - POST-CONSTRUCTION STORMWATER SYSTEM INSPECTIONS

334103 - STORMWATER FLEXIBLE PIPE DEFLECTION TESTING

334211 - STORMWATER GRAVITY PIPING

334213 - PRECAST REINFORCED CONCRETE BOX CULVERT

334223 - DRAINAGE STRUCTURES

334600 - SUBDRAINAGE

334913 - STORM DRAINAGE STRUCTURES

END OF TABLE OF CONTENTS

NOTICE TO BIDDERS 01 - 1

NOTICE TO BIDDERS

Sealed proposals will be received by Wake County Procurement Services, in Suite 2900, Wake

County Justice Center, 301 McDowell Street, Raleigh, NC 27601, up to 2:00 p.m., September 15, 2026, and immediately thereafter publicly opened and read for providing labor, material and equipment entering into the construction of _Five County Stadium, located in Zebulon, NC. An electronic copy of the contract documents (PDF) may be obtained from the Architect – LS3P by sending an email request to Ryan MacCrea at ryanmaccrea@ls3p.com. Complete contract documents will also be open for inspection in the offices of the LS3P, 421 N. Harrington St, Suite 700, Raleigh, NC 27603.

A Pre-Bid Conference will be held at Nomaco Park, 1501 NC-39, Zebulon, NC 27597 at 2:00 pm, local prevailing time, on August 27, 2026. Purpose of conference is for prospective Bidders to familiarize themselves with the site and to ask questions pertaining to the Contract Documents. Bidders are reminded that no oral interpretations of meaning of Drawings and Specifications can be made. Questions will be received ONLY in written form. The deadline to submit written questions to LS3P is 5:00 pm local prevailing time on August 28, 2026. A final addendum will be released will be released no later than 5:00 pm on September 4, 2026.

No bid may be withdrawn for sixty (60) days after the scheduled closing time for bids.

The Owner reserves the right to reject any or all bids and to waive informalities.

Signed: COUNTY OF WAKE

By: Eric Staehle

Facilities Design & Construction

DESIGNER: LS3P

INSTRUCTIONS TO BIDDERS-FORMAL 02 - 1

INSTRUCTIONS TO BIDDERS

For a Proposal to be considered, it must be in accordance with the following instructions:

1. PROPOSALS

Proposals must be made on the Bid Proposal Forms provided herein, and all blank spaces for Bids, Alternates and Unit Prices, applicable to bidder’s work, shall be properly filled in. When requested

Alternates are not Bid, the Proposal may be considered nonresponsive. The Bidders agree that Bids submitted on the specified Bid Proposal Forms, which are detached from specifications, will be considered and will have the same force and effect as if attached thereto. Numbers shall be stated both in writing and in figures for the Base Bids and Alternates.

Any modification to the Bid Proposal Forms (including Alternates and/or Unit Prices) may disqualify the Bid and may cause the Bid to be rejected.

The Contractor shall fill in the Bid Proposal Forms as follows:

A. If the documents are executed by a sole Owner, that fact shall be evidenced by the word

"Owner" appearing after the name of the person.

B. If the documents are executed by a Partnership, that fact shall be evidenced by the word

"Co-Partner" appearing after the name of the partner executing them.

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

D. If the Proposal is made by a Joint Venture, it shall be executed by each member of the Joint

Venture in the above form for sole Owner, Partnership, or Corporation, whichever form is applicable.

E. All signatures shall be properly witnessed or attested as applicable.

F. Each proposal shall be addressed as indicated in the Advertisement for Bids and shall be delivered, enclosed in an opaque sealed envelope, marked "Proposal" and bearing the name of Project, name and address of the Bidder, the Bidder's license number and, if applicable, the designated portion of the Work for which Bid is submitted.

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

INSTRUCTIONS TO BIDDERS-FORMAL 02 - 2

H. Modifications of previously deposited Bids or requests for withdrawal will be acceptable only if delivered in person or in writing to the place of the Bid opening prior to the time for opening Bids.

I. Unit Prices quoted in the Proposal shall include overhead and profit and shall be the full compensation for the Contractor's cost involved in the work.

2. EXAMINATION OF CONDITIONS

It is understood and mutually agreed that by submitting a Bid the Contractor acknowledges his careful examination of the Bidding Documents pertaining to the work, the location, accessibility and general character of the site of the work and all existing buildings and structures within and adjacent to the site; and has satisfied himself as to the nature of the work, the condition of existing buildings and structures, the conformation of the ground, the character, quality and quantity of the materials to be encountered; the character of the equipment, machinery, plant and any other facilities needed preliminary to and during prosecution of the work; the general and local conditions; the construction hazards; and all other matters, including but not limited to, the labor situation which can in any way affect the work under the Contract;

and including all safety measures required by the latest edition of the Occupational Safety Health Act and all rules and regulations issued pursuant thereto. It is further mutually agreed that by submitting a Proposal, the Contractor acknowledges that he has satisfied himself as to the feasibility and meaning of the plans, drawings, specifications, and other Contract Documents for the construction of the work and that he accepts all the terms, conditions and stipulations contained therein; and that he is prepared to work in cooperation with the Owner and all other Contractors performing work on the site.

Reference is made to the Contract Documents for the identification of those surveys and investigative reports of subsurface or latent physical conditions at the site or otherwise affecting performance of the work which have been relied upon by the Licensed Professional who prepared the documents. Copies of all such surveys and reports are available to the Bidders, upon request. All Bidders are responsible for reviewing these documents prior to submission of their Bid Proposal.

Each Bidder may, at his own expense, make such additional surveys and investigations, as he may deem necessary to determine his Bid price for the performance of the work. Any on-site investigation shall be done at the convenience of the Owner. The Owner will honor any reasonable request for access to the site.

4. SUBSTITUTIONS

Material substitutions will be considered during the bidding phase until seven (7) days prior to the receipt of bids. No substitutions will be considered after seven (7) days prior to the receipt of Bids.

For proposed material substitutions submit the following information to the Licensed Professional who prepared the bidding documents:

Name of manufacturer

Address of manufacturer

INSTRUCTIONS TO BIDDERS-FORMAL 02 - 3

Phone number of manufacturer

Trade name

Model or catalogue designation

Manufacturer's data including:

Performance and test data

Reference standards

Detailed comparison with specified product including:

Performance

Test results

Warranties

Gauge, thickness or strength or material

Finish

Other pertinent data

Other information requested by the Licensed Professional who prepared the bidding documents

Submittals relating to substitutions, which are not fully complete by seven (7) days prior to the receipt of bids, will not be reviewed.

If the Licensed Professional who prepared the bidding documents accepts a material substitution, Contractors will be notified by Addendum.

3. ADDENDA

Any Addenda to bidding documents issued during the time of bidding will be sent to each Bidder, and are to be considered covered in the Bid Proposal. It is the Contractor's responsibility to ascertain prior to Bid time, which Addenda have been issued and confirm that his Bid Proposal includes any changes covered by the Addenda.

Should the Bidder find discrepancies in, or omissions from, the drawings or documents or should he be in doubt as to their meaning, he shall at once notify the Licensed Professional who prepared said drawings or documents. Neither the Owner nor the Licensed Professional who prepared the bidding documents will be responsible for any oral instructions.

The Bidder on his Bid Proposal shall acknowledge all Addenda. Failure to do so may disqualify the

Bid and may cause the Bid to be rejected.

INSTRUCTIONS TO BIDDERS-FORMAL 02 - 4

4. BID SECURITY

Each Proposal shall be accompanied by a cash deposit, or a certified check drawn on some bank or trust company insured by the Federal Deposit Insurance Corporation, or a Bid Bond in an amount equal to not less than five percent (5%) of the Proposal. Said deposit to be retained by the Owner (referred to as

Obligee on the Bond Form) as liquidated damages in event of failure of the successful Bidder to execute the Contract within ten (10) days after the award or to give satisfactory Surety as required by law.

The Bid Bond shall be conditioned that the surety will, upon demand, forthwith make payment to the Owner (referred to as Obligee on the Bond Form) upon the said bond if the Bidder fails to execute the contract.

A Wake County Bid Bond form is included in the project manual. The language in the Bid Bond form is required. Your Bid may be considered non-responsive if your Surety uses a different Bid Bond form. Notify your Surety that the language in the Wake County Bid Bond form must be used.

5. RECEIPT OF BIDS

Bids and Bid Security shall be received in strict accordance with requirements of the North Carolina

General Statutes. Prior to opening of any Bids on the Project, the Bidder will be permitted to change or withdraw his Bid as allowed by Item 1-H of these Instructions.

All copies of the Bid, the Bid security, if any, and any other documents required to be submitted with the Bid shall be enclosed in a sealed opaque envelope. The envelope shall be addressed to the party receiving the Bids and should be identified with the Project name, time and date of Bid Opening, the

Bidder's name and address, Bidder's license number and, if applicable, the designated portion of the Work for which the Bid is submitted. If the Bid is sent by mail, the sealed envelope shall be enclosed in a separate mailing envelope with the notation "SEALED BID ENCLOSED" on the face thereof.

6. OPENING OF BIDS

Upon opening, all Bids shall be read aloud. Once any Bid is opened, the Owner may return no Bids to any Bidder.

After Bids are opened, a Bidder may request that his Bid be withdrawn without forfeiting his Bid deposit in certain limited circumstances. Withdrawal after opening is permitted only if all of the following conditions specified in North Carolina General Statutes §143-129.1 are met:

A. The Bid was submitted in good faith.

B. The price Bid "was based upon a mistake, which constituted a substantial error".

C. Credible evidence is submitted showing that the error (1) was clerical in nature, as opposed to a judgment error; and (2) was actually due to an unintentional and substantial arithmetic

INSTRUCTIONS TO BIDDERS-FORMAL 02 - 5

error or an unintentional omission of a substantial quantity of work, labor, material or services made directly in the compilation of the Bid.

D. The error can be clearly shown by objective evidence drawn from inspection of the original work papers, documents, or materials used in the preparation of the Bid.

E. The request to withdraw (1) is made in writing to the public agency that invited the

Proposals, and (2) is made prior to the award of the Contract, but not later than seventy-two

(72) hours after the opening of Bids.

7. REJECTION OF BIDS

The Owner reserves the unqualified right to reject any and all Bids. Reasons for rejection may include, but shall not be limited to, the following:

A. If the Form of Proposal furnished to the Bidder is not used or is altered.

B. If the Bidder fails to insert a price for all Bid items, Alternates and Unit Prices requested.

C. If the Bidder adds any provisions reserving the right to accept or reject any award.

D. If there are unauthorized additions or conditional Bids, or irregularities of any kind which tend to make the Proposal incomplete, indefinite, or ambiguous as to its meaning.

E. If the Bidder fails to complete the Proposal forms where information is requested so the Bid may be properly evaluated by the Owner.

F. If the Unit Prices contained in the Bid Schedule are unacceptable to the Owner.

G. If the Bidder fails to comply with other instructions stated herein.

8. BID EVALUATION

The award of the Contract will be made to the lowest responsible Bidder as soon as practical. Should the successful Bidder default and fail to execute a Contract, the Contract may be awarded to the next lowest and responsible Bidder.

Before awarding a Contract, the Owner may require the apparent low Bidder to qualify himself to be a responsible Bidder by furnishing any or all of the following data:

A. The latest financial statement showing assets and liabilities of the company or other information satisfactory to the Owner.

INSTRUCTIONS TO BIDDERS-FORMAL 02 - 6

B. A listing of similar completed projects of similar size, with contact persons and telephone numbers.

C. Permanent name and address of place of business.

D. The number of regular employees of the organization and length of time the organization has been in business under present name and percentage of work typically performed by the contractor's firm.

(1) Qualifications of key employees assigned to this Project.

(2) References for key employees assigned to this Project.

E. The name and home office address of the Surety proposed and the name and address of the responsible local claim agent.

F. The names of members of the firm who hold appropriate trade licenses, together with license numbers.

G. Complete list of all subcontractors and suppliers proposed.

H. Any pending arbitration or mediation cases or lawsuits. This may include all arbitration, mediation and lawsuits settled or resolved within last ten (10) years.

Failure or refusal to furnish any of the above information if requested shall constitute a basis for disqualification of any Bidder.

In determining the lowest responsible Bidder, the Owner may consider the past performance of the Bidder on construction contracts for the County of Wake, Wake County Public

School System, the State of North Carolina or other governmental agencies. Particular concern will be given to completion times, quality of work, cooperation with other Contractors, and cooperation with the Designer and Owner.

Should the Owner adjudge that the apparent low Bidder is not the lowest "responsible"

Bidder by virtue of the above information, said apparent low Bidder will be so notified and his Bid

Security shall be returned to him.

The Owner shall have the right to accept Alternates in any order or combination and to determine the low Bidder on the basis of the sum of the Base Bid and the Alternates accepted.

The Owner reserves the right to reject any and all Bids, to waive all technicalities and irregularities, and to make the award as considered to be in the best interest of the Owner.

9. PERFORMANCE BOND

INSTRUCTIONS TO BIDDERS-FORMAL 02 - 7

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

10. PAYMENT BOND

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

11. PRE-BID CONFERENCE

Bidders are requested to attend a Pre-Bid Conference at the time and place stipulated in the

Bidding Documents.

12. PROPOSALS TO BE BID

General Construction Work

Heating and Ventilation and Air Condition Work

Plumbing Work

Electrical Work

13. INFORMATION TO BIDDER

All questions concerning the plans and specifications should be directed to the Licensed

Professional who prepared said documents.

Facilities Design & Construction

919 856 6350 919 856 6355

Waverly F. Akins Wake County Office Building

P.O. Box 550 • Raleigh, NC 27602

336 Fayetteville St., Room 1100 • Raleigh, NC 27601 wake.gov

Notice of Wake County

Electronic Contracting Processes for Construction Agreements

All Wake County contracts are now executed and processed electronically. The successful lowest responsive responsible bidder upon award of the construction contract must be a registered Wake County vendor to start the electronic contract process. Any company not registered as a Wake County vendor must register. The County will contact the low bidder and offer instructions on how to register as a vendor or update their existing vendor registration info if needed.

Upon notification of contract award, contractor will be issued instructions for processing

Performance and Payment Bonds, Certificates of Insurance, and issuance of the Construction

Agreement

Contracts will then be transmitted via DocuSign for signing, attesting, and execution.

BID PROPOSAL-FORMAL 04 - 1

Nomaco Park Renovations

Project No. 8110-250883

BID PROPOSAL FORM

(USE THIS FORM ONLY. Bids submitted on anything other than the form(s) provided may be considered non-responsive and subject to rejection)

SINGLE PRIME GENERAL CONSTRUCTION WORK

FORMAL CONTRACT

BIDDERS NAME

License Number:

BASE BID PROPOSAL

The undersigned, as Bidder, hereby declares that the only person or persons interested in this

Proposal as principal or principals is or are named herein and that no other person than herein mentioned has any interest in this Proposal or in the Contract to be entered into; that this Proposal is made without connection with any other person, company or parties making a Bid or Proposal; and that it is in all respects fair and in good faith without collusion or fraud.

The Bidder further declares that he has examined the site of the work and informed himself fully in regard to all conditions pertaining to the place where the work is to be done; that he has examined the specifications for the work and the Contract Documents relative thereto, including addenda, if any, and has read all special provisions furnished prior to the opening of bids; that he has satisfied himself relative to the work to be performed.

The Bidder proposes and agrees if this Proposal is accepted to contract with the County of Wake with a definite understanding that no money will be allowed for extra work except as set forth in the General

Conditions and Contract Documents, for the sum of:

Base Bid

Dollars ($ ).

BID PROPOSAL-FORMAL 04 - 2

SUBCONTRACTOR LISTING

PLUMBING CONTRACTOR

Name: License Number:

HVAC CONTRACTOR

ELECTRICAL CONTRACTOR

ALTERNATES

Should any of the alternates as described in the specifications be accepted, the amount written below shall be the amount to "add to" of "deduct from" the Base Bid. If to be "deducted from" Base Bid, put minus sign (-) in parentheses at head of alternate and plus sign (+) in parentheses if to be added. Refer to

Section 012300 - Alternates for description of alternates.

Alternate No. 1 _______________________________________________ Dollars ($___________)

Alternate No. 2 _______________________________________________ Dollars ($___________)

Alternate No. 3 _______________________________________________ Dollars ($___________)

Alternate No. 4 _______________________________________________ Dollars ($___________)

Alternate No. 5 _______________________________________________ Dollars ($___________)

BID PROPOSAL-FORMAL 04 - 3

CERTIFICATION OF PROPOSER:

The Bidder further proposes and agrees hereby to commence work under his Contract on a date to be specified in a written order of Wake County and shall fully complete all work thereunder within the number of consecutive calendar days stipulated in the Supplementary General Conditions. Applicable liquidated damages shall be as stated in Supplementary General Conditions.

The undersigned acknowledges receipt of the following addenda issued during the time of bidding and includes the changes therein in this Proposal:

Addendum Number _____, Dated _______________________________________

The undersigned agrees that this Proposal will not be withdrawn for a period of sixty (60) days.

The undersigned agrees to comply with the E-Verify requirements of the General Statutes of North

Carolina, all contractors, including any subcontractors employed by the contractor(s), by submitting a bid, proposal or any other response, or by providing any material, equipment, supplies, services, etc., attest and affirm that they are aware and in full compliance with Article 2 of Chapter 64, (NCGS64-26(a)) relating to the E-Verify requirements.

The undersigned agrees not to discriminate in any manner on the basis of race, natural hair or hairstyles, ethnicity, creed, color, sex, pregnancy, marital or familial status, sexual orientation, gender identity or expression, national origin or ancestry, marital or familial status, pregnancy, National Guard or veteran status, religious belief or non-belief, age, or disability with reference to the subject matter of this Contract.

The Parties agree to comply with the provisions and intent of Wake County Ordinance SL 2017-4. This anti-discrimination provision shall be binding on the successors and assigns of the Parties with reference to the subject matter of this Contract.

The undersigned further agrees that in the case of failure on his part to execute the said Contract and the

Bond within ten (10) consecutive calendar days after written notice being given of the award of the Contract, the check, cash or Bid Bond accompanying this Bid shall be paid into the funds of Owner's Account set aside for this Project, as liquidated damages for such failure; otherwise the check, cash or Bid Bond accompanying this Proposal shall be returned to the undersigned.

BID PROPOSAL-FORMAL 04 - 4

Respectfully submitted this __ day of , 20__

PROPOSER SIGNATURE PAGE

(Name of Firm or Corporation making

Bid)

By:

WITNESS:

(Proprietorship or Partnership)

Title:

(Owner, Partner, or Corporation

President or Vice President only)

Address:

Affix Corporate Seal Above License Number:

ATTEST:

(Corporation Secretary or Assistant Secretary only)

CORP

SEAL

00500-1

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we, , (Bidder’s Name)

, of

(Street Address) (City, State, Zip) hereinafter called the Principal, and of

(Surety’s Name)

, a Corporation duly organized, and existing under the laws of the State of and authorized to transact business in the State of North Carolina, as Surety, hereinafter called the Surety, are held and firmly bound unto the County of Wake as Owner, hereinafter called the Obligee, in the Penal sum of five percent (5%)of the amount bid, good and lawful money of the United States of America, for the payment for which the Principal and the Surety, bind ourselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. This bid bond is submitted in lieu of submitting cash, a cashier’s check, or a certified check pursuant to G.S. 143- 129.

WHEREAS, the Principal has submitted a Bid for the construction of .

(Project Name)

NOW THEREFORE, if the Obligee shall accept the Bid of the Principal and the Principal shall enter into a Contract with the

Obligee in accordance with the terms of said Bid, and give such bond or bonds as may be specified in the Bidding and Contract

Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, then this obligation shall be null and void; but if the Principal fails to so execute such Contract and give such bonds as required by G.S. 143-129, this obligation shall otherwise remain in full force and effect and the Surety shall, upon demand, forthwith pay to the Obligee the full amount set forth in the first paragraph hereof.

SIGNED AND SEALED this __ day of , 20__ in the presence of:

Witness Witness

Principal (SEAL) Surety (SEAL)

Title Title

****USE OF BOND FORM OTHER THAN THIS MAY RESULT IN DISQUALIFICATION OF THE BIDDER****

CONSTRUCTION AGREEMENT FORMS 06 - 1

CONSTRUCTION AGREEMENT

FOR

THIS AGREEMENT, made as of the ___ day of __________, 20__, by and between

________________________________, a corporation, hereinafter called the Contractor, and Wake

County, a body corporate and politic and a political subdivision of the State of North Carolina, hereinafter called the Owner.

W I T N E S S E T H:

That the Contractor and the Owner, for the consideration herein named, agree as follows:

1. SCOPE OF WORK - The Contractor shall furnish and deliver all of the materials, and perform all of the work required by this Agreement and the following enumerated documents, which are attached hereto and made a part hereof as if fully contained herein: General Conditions, Supplemental Conditions, Contract Construction Schedule, Specifications, Drawings entitled

"____________________________________” which Drawings are listed in the Specifications, Performance Bond, Labor and Material Payment Bond, Insurance Certificates, and the following addenda:

Addendum No. _________ Dated __________________

All of the documents listed, referenced or described in this paragraph, together with Modifications made or issued in accordance herewith are the Contract Documents, and the work, labor, materials and completed construction required by the Contract Documents and all parts thereof is the Work. The

Contractor shall perform the Work in the time, manner and form required by the Contract Documents.

The Contract Documents constitute the entire agreement between Owner and Contractor.

2. The Contractor agrees to commence work not later than three (3) days after the commencement date specified in the Notice to Proceed. The Contractor agrees to complete fully all Work hereunder on the dates specified in the Contract Documents, as may be adjusted in accordance with the terms thereof.

Time is of the essence with respect to all dates specified in the Contract Documents as Completion Dates.

Liquidated damages for failure(s) to complete in accordance with the provisions of this paragraph shall be computed and assessed against the Contractor in accordance with the Contract Documents.

3. The Owner hereby agrees to pay to the Contractor for the faithful performance of this Agreement, and the Contractor hereby agrees to perform all of the Work, for the sum of

_________________________________ Dollars ($__________) in the lawful money of the United

CONSTRUCTION AGREEMENT FORMS 06 - 2

States, subject to adjustments as provided for in the Contract Documents. Payment of the Contract Price shall be in accordance with Articles 20 and 21 of the General Conditions.

4. It is further mutually agreed between the parties hereto that if at any time after the execution of this

Agreement and the Performance Bond and Labor and Material Payment Bond hereto attached for its faithful performance, the Owner shall deem the surety or sureties upon such Bonds to be unsatisfactory, or if, for any reason, such Bonds or either of them cease to be adequate to cover the performance of and payment for the Work, the Contractor shall, at its expense, within five (5) days after notice from the

Owner 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 Owner. In such event no further payment to the Contractor shall be deemed to be due under this Agreement until such new or additional security for the faithful performance of or payment for the Work shall be furnished in a manner and form satisfactory to the Owner.

5. Terms used in this Agreement which are defined in the Contract Documents shall have the meanings designated in those Contract Documents.

6. The Contractor agrees to indemnify and hold harmless the Owner against liability for damages arising out of bodily injury including death, or property damage, to any person or persons only to the extent that the fault of the Contractor or its derivative parties is a proximate cause of the loss, damage, or expense to be indemnified. This obligation to indemnify includes the obligation to pay any attorney’s fees, litigation expenses, or court costs actually incurred by Owner to the extent that the fault of the Contractor or its derivative parties is a proximate cause of the fees, expenses, or cost to be indemnified. It is the intent of this provision to require the Contractor to indemnify the Owner to the fullest extent permitted by North

Carolina law. The language and definitions in this section shall be construed consistent with N.C.G.S.

22B-1 et seq. as it may be amended. The indemnification obligation under this paragraph shall not be limited in any way by any limitation of the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' compensation acts, disability benefits acts or other employee benefit acts.

7. The laws of the State of North Carolina shall apply to the interpretation and enforcement of this

Agreement. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or nonperformance of, this Agreement shall be brought in the General

Court of Justice of North Carolina sitting in Wake County, North Carolina, or the United States District

Court sitting in Wake County, North Carolina, and it is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions.

CONSTRUCTION AGREEMENT FORMS 06 - 3

8. To ensure compliance with the E-Verify requirements of the General Statutes of North Carolina, all contractors, including any subcontractors employed by the contractor(s), by submitting a bid, proposal or any other response, or by providing any material, equipment, supplies, services, etc, attest and affirm that they are aware and in full compliance with N.C.G.S. Chapter 64, Article 2 (N.C.G.S. 64-26(a)) relating to the E-Verify requirements.

9. By signing this agreement; accepting this contract/purchase order; or submitting any bid, proposal, etc., vendors and contractors certify that as of the date of execution, receipt, or submission they are not listed on the Final Divestment List created by the NC Office of State Treasurer pursuant to NCGS 147

Article 6E, Iran Divestment Act, Iran Divestment Act Certification. Vendors and contractors shall not utilize any subcontractor that is identified on the Final Divestment List.

Any organization defined under NCGS 147-86.80(2), Divestment from Companies Boycotting Israel, shall not engage in business totaling more than $1,000 with any company/business, etc. that boycotts

Israel. A list of companies that boycott Israel is maintained by the NC Office of State Treasurer, pursuant to NCGS 147-86.81(a)(1). Any company listed as boycotting Israel is not eligible to do business with any

State agency or political subdivision of the State.

10. If the source of funds for this contract is federal funds, the following federal provisions apply pursuant to 2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II (as applicable):

Equal Employment Opportunity (41 C.F.R. Part 60); Davis-Bacon Act (40 U.S.C. 3141-3148); Copeland

“Anti-Kickback” Act (40 U.S.C. 3145); Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-

3708); Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C.

1251-1387); Debarment and Suspension (Executive Orders 12549 and 12689); Byrd Anti-Lobbying

Amendment (31 U.S.C. 1352); Procurement of Recovered Materials (2 C.F.R. § 200.322); and Record

Retention Requirements (2 CFR § 200.324).

11. In consideration of signing this Agreement, the Parties hereby agree not to discriminate in any manner on the basis of race, natural hair or hairstyles, ethnicity, creed, color, sex, pregnancy, marital or familial status, sexual orientation, gender identity or expression, national origin or ancestry, marital or familial status, pregnancy, National Guard or veteran status, religious belief or non-belief, age, or disability with reference to the subject matter of this Contract. The Parties agree to comply with the provisions and intent of Wake County Ordinance SL 2017-4. This anti-discrimination provision shall be binding on the successors and assigns of the Parties with reference to the subject matter of this Contract.

CONSTRUCTION AGREEMENT FORMS 06 - 4

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and date first above written in a number of counterparts, each of which shall, without proof or accounting for other counterparts, be deemed an original contract.

Contractor: (Trade or Corporate Name)

By: ATTEST: (CORPORATION)

Title: By:

(President)

(Corporate Secretary)

(CORPORATE SEAL)

WITNESS:

(Proprietorship or Partnership)

CONSTRUCTION AGREEMENT FORMS 06 - 5

WAKE COUNTY

P. O. Box 550

Raleigh, N.C. 27602

By: __________________________________

County Manager or Designee

This instrument has been pre-audited in the manner required by the local Government Budget and Fiscal

Control Act.

Wake County Finance Officer

This instrument has been reviewed by Wake County Facilities, Design & Construction

Mark Forestieri

Director, Facilities Design & Construction

The person responsible for monitoring the contract performance requirements is

. Department Head Initials

CONSTRUCTION AGREEMENT FORMS 06 - 6

PAYMENT BOND

Date of Contract:

Date of Execution:

Name of Principal:

(Contractor)

Name of Surety:

Name of Contracting Body: County o

P.O. Box 550

Amount of Bond: Dollars

Project:

KNOW ALL MEN BY THESE PRESENTS, that we, the PRINCIPAL and SURETY above named, are held and firmly bound unto the above named owner, hereinafter called "Owner", in the penal sum of the amount stated above, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal entered into a certain Contract with the Owner identified as shown above and hereto attached:

NOW THEREFORE, if the Principal shall promptly make payment to all persons supplying labor and material in the prosecution of the Work provided for in said Contract, and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modification to the Surety being hereby waived, then this obligation to be void; otherwise to remain in full force and virtue.

IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals on the date indicated above, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives, pursuant to authority of its governing body.

CONSTRUCTION AGREEMENT FORMS 06 - 7

PAYMENT BOND

Executed in Four (4) Counterparts.

CONTRACTOR:

(Corporation President or

Vice President Only)

ATTEST: (Corporation)

(Corporation Secretary or Assistant

Secretary Only) (CORPORATE SEAL)

SURETY COMPANY:

WITNESS: By:

(Attorney in Fact)

(SURETY CORPORATE SEAL)

COUNTERSIGNED:

(N.C. Licensed Resident Agent)

Name and Address-Surety Agency

Surety Company Name and N.C.

Regional or Branch Office Address

CONSTRUCTION AGREEMENT FORMS 06 - 8

PERFORMANCE BOND

Date of Contract:

Date of Execution:

Name of Principal:

(Contractor)

Name of Surety:

Name of Contracting Body: County of Wake

P.O. Box 550

Amount of Bond: Dollars

Project:

KNOW ALL MEN BY THESE PRESENTS, that we, the PRINCIPAL and SURETY above named, are held and firmly bound unto the named Contracting Body, hereinafter called the Contracting

Body, in the penal sum of the amount stated above for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal entered into a certain Contract with the Contracting Body, identified as shown above and hereto attached:

NOW THEREFORE, if the Principal shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of said Contract during the original term of said Contract and any extensions thereof that may be granted by the Contracting Body, with or without notice to the

Surety, and during the life of any guaranty required under the Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, then, this obligation to be void; otherwise to remain in full force and virtue.

IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals on the date indicated above, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its countersigned representative, pursuant to authority of its governing body.

CONSTRUCTION AGREEMENT FORMS 06 - 9

PERFORMANCE BOND

Executed in Four (4) Counterparts.

CONTRACTOR:

(Corporation President or

Vice President Only)

ATTEST: (Corporation)

(Corporation Secretary or Assistant

Secretary Only) (CORPORATE SEAL)

SURETY COMPANY:

WITNESS: By:

(Attorney in Fact)

(SURETY CORPORATE SEAL)

COUNTERSIGNED:

(N.C. Licensed Resident Agent)

Name and Address-Surety Agency

Surety Company Name and N.C.

Regional or Branch Office Address

GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION

GENERAL CONDITIONS 00700-1 of 48 2009 EDITION, Rev1-2017

Table of Contents

Page Article 1. Definitions

Article 2. Correlation, Interpretation and Intent of Contract Documents

Article 3. Familiarity with Work, Conditions and Laws

Article 4. Bonds

Article 5. Insurance and Indemnity

Article 6. Other Record Documents and Submittals

Article 7. Contractor

Article 8. Owner

Article 9. Construction Manager

Article 10. Designer

Article 11. Testing and Surveying

Article 12. Separate Contracts

Article 13. Contract Time

Article 14. Changes in the Work

Article 15. Change of the Contract Price

Article 16. Unforeseen Conditions

Article 17. Correction of Work before Final Payment

Article 18. Correction of Work after Substantial Completion; Warranties and Guaranties

Article 19. Owner's Right to Do Work

Article 20. Partial Payments

Article 21. Final Payment

Article 22. Contractor, Subcontractor and Supplier Affidavit

GENERAL CONDITIONS 00700-2 of 48 2009 EDITION, Rev1-2017

Article 23. Assignments and Subcontracts

Article 24. Measurements

Article 25. Contractor and Subcontractor Relationships

Article 26. Use of Premises

Article 27. Cutting, Patching and Fitting

Article 28. Dispute Resolution

Article 29. Taxes

Article 30. Operation of Owner's Facilities

Article 31. Third Party Beneficiary Clause

Article 32. Measurement of Quantities

Article 33. Termination by the Owner for Cause

Article 34. Termination or Suspension by the Owner for Convenience

Article 35. Minority Business Enterprise Program

Article 36. General

GENERAL CONDITIONS 00700-3 of 48 2009 EDITION, Rev1-2017

ARTICLE 1. DEFINITIONS

1.1 Agreement - The Construction Agreement, these General Conditions, and any

Supplementary Conditions.

1.2 AIA - The American Institute of Architects.

1.3 ASTM - The American Society for Testing and Materials.

1.4 Beneficial Occupancy – The point at which the Project can be occupied by the Owner for its intended purpose, upon achievement of Substantial Completion, as defined in 1.40.

1.5 Change Order - A written order to the Contractor signed by the Owner and the Designer authorizing an addition, deletion, or revision in the Work and/or an adjustment in the Contract Price and/or the Contract Time issued after execution of the Construction Agreement. See paragraph 14.1.

1.6 Completion Date - Those dates identified as Completion Dates in the Contract Construction

Schedule or elsewhere in the Contract Documents.

1.7 Construction Agreement – The document executed by the Contractor and the Owner to formally memorialize their consent to the terms of the Agreement.

1.8 Construction Change Directive – A written order to the Contractor signed by the Owner and the Designer directing an addition, deletion, or revision in the Work after execution of the Construction Agreement, in circumstances when the parties have been unable to agree on an adjustment to the Contract Price or the Contract Time, but the Owner requests that the Contractor proceed with said Work subject to adjustment of the Contract Price and/or Contract Time under the procedures described herein.

1.9 Construction Manager(s) - The person or firm designated as the Construction Manager in the Contract Documents, or their authorized representatives. The Construction Manager(s), as referred to herein, will be referred to hereinafter as if each were of the singular number, masculine gender.

1.10 Contract Construction Schedule - That schedule described in Article 13 hereof and identified as the Contract Construction Schedule.

1.11 Contract Documents - All of the documents that make up the Agreement, plus the Drawings and Specifications that describe the scope of the Work, plus allowable Modifications to the Contract Documents.

1.12 Contract Price - The total monies payable to the Contractor under the Contract Documents pursuant to paragraph 15.1 of the Agreement.

1.13 Contract Time - The number of calendar days stated in, or computed from, the Contract

Documents for the completion of the Work, or any portion thereof. See, particularly, Article 13 hereof and the Contract Construction Schedule.

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