OCH Phase I Landscaping Project Manual.pdf

South Piedmont Community College

OCH Phase 1 Landscaping

Surface 678, PA

Bid Documents SCO ID: #26929 August 11, 2026 NCCCS Project ID: #2787

Bidding and Contract Requirements

Project Manual

OCH Phase 1 Landscaping, Old Charlotte Highway Campus

4150 Student Success Place, Monroe, NC 28110

Bid Documents: August 11th, 2026

SCO ID: #26929

NCCCS PROJECT ID: #2787

Owner: South Piedmont Community College

Old Charlotte Highway Campus

1851 South Piedmont Street, Monroe, NC 28110

CERTIFICATIONS AND SEALS

LANDSCAPE ARCHITECT:

Surface678, P.A.

215 Morris Street, Suite 150.

Durham, NC 27701

Swati Khimesra

NC 2131

August 10, 2026

END OF CERTIFICATIONS AND SEALS DOCUMENT

Project Manual

Table of Contents

Division 00: Bidding and Contract Requirements

Seals

Invitation to Bidders

Instructions to Bidders

Bid Proposal Form

Contractor Qualifications Requirements

Insurance Requirements

Bid Bond

Request for Approval of Substitution

Example Documents for use During Construction

State of North Carolina Standard Form of Construction and General Conditions

Subcontractor Monthly Record of Payment Report

Contract Change Order Form

Claim for Additional Time on the Basis of Adverse Weather Conditions

Division 01: General Requirements

01 11 00

01 21 00

01 22 00

01 23 00

01 25 00

Summary

Allowances

Unit Prices

Alternates

Substitution Procedures

01 31 00 Project Management and Coordination

01 32 00 Construction Progress Documentation

01 33 00 Submittal Procedures

01 40 00 Quality Requirements

01 50 00 Temporary Facility and Controls

01 56 39 Temporary Tree and Plant Protection

01 60 00 Product Requirements

01 73 00 Execution

01 74 19 Construction Waste Management and Disposal

01 77 00 Closeout Procedures

01 78 23 Operation and Mainteance Data

01 78 39 Project Record Documents

Division 32: Exterior Improvements

32 13 13

32 92 00

32 93 00

Concrete Paving

Turf and Grasses

Plants

Contract Drawings

OCH Phase 1 Landscaping Bid Drawings

L101 GENERAL NOTES

L110 OVERALL PLAN

L121 DEMOLITION PLAN

L130 OVERALL MATERIALS PLAN

L131 MATERIALS ENLARGEMENT

L132 MATERIALS ENLARGEMENT

L133 MATERIALS ENLARGEMENT

L134 MATERIALS ENLARGEMENT

L143 SIDEWALK LAYOUT PLAN ENLARGEMENT

L144 SIDEWALK LAYOUT PLAN ENLARGEMENT

L151 GRADING PLAN ENLARGEMENT

L152 GRADING PLAN ENLARGEMENT

L153 GRADING PLAN ENLARGEMENT

L154 GRADING PLAN ENLARGEMENT

L155 ALTERNATE AREA: GRADING PLAN ENLARGEMENT

L161 PLANTING PLAN ENLARGEMENT

L162 PLANTING PLAN ENLARGEMENT

L163 PLANTING PLAN ENLARGEMENT

L164 PLANTING PLAN ENLARGEMENT

L165 PLANTING PLAN ENLARGEMENT

L166 ALTERNATE AREA: PLANTING PLAN ENLARGEMENT

L167 PLANTING SCHEDULE

L171 SOILS PLAN

L501 DETAILS - PAVING

L502 DETAILS - PLANTING

This page intentionally left blank.

INVITATION TO BIDDERS

South Piedmont Community College

OCH Phase 1 Landscaping

NCCCS Project ID #2787

SCO Project ID # 26929

SCO-Notice To Bidders 2010 (Updated Dec. 2010)

N O T I C E TO B I D D E R S

Sealed proposals will be received by South Piedmont Community College by hand delivery or by mail:

South Piedmont Community College

Attn: Erik Dagenhart

A Building # 1118

4150 Student Success Place

Monroe, NC 28110 up to 2:00 pm September 3rd, 2026 and immediately thereafter publicly opened and read for the furnishing of labor, material and equipment entering into the construction of:

OCH Phase 1 Landscaping

Address:

Old Charlotte Highway Campus

4150 Student Success Place

Monroe, NC 28110

Bids will be received for single prime. All proposals shall be lump sum. Bids received after the cut off time of 2pm on September 3rd, 2026 will not be opened and discarded. It is the bidder’s responsibility to ensure any bids sent by mail are received in a timely manner and are complete.

Questions may be submitted till August 19th at 2pm by email to info@surface678.com mailto:info@surface678.com

Pre-Bid Informational Meeting

An open pre-bid informational meeting will be held for all interested bidders on August 19th, 2026, at 2pm at the project site: South Piedmont Community College, A Building #1103, 4150

Student Success Place, Monroe, NC. The meeting will address project specific questions, issues, bidding procedures and bid forms.

An Online meeting is available for those not available to attend in person. Please email info@surface678.com or call Surface 678’s main line to receive the Meeting Invite noting the

Bid Solicitation details.

In accordance with General Statute GS 133-3, Specifications may list one or more preferred brands as an alternate to the base bid in limited circumstances. Specifications containing a preferred brand alternate under this section must identify the performance standards that support the preference. Performance standards for the preference must be approved in advance by the owner in an open meeting. Any alternate approved by the owner shall be approved only where

(i) the preferred alternate will provide cost savings, maintain or improve the functioning of any process or system affected by the preferred item or items, or both, and (ii) a justification identifying these criteria is made available in writing to the public.

Justification of any approvals will be made available to the public in writing no later than seven

(7) days prior to bid date.

Complete plans, specifications and contract documents will be open for inspection in the offices of Surface 678, PA at 215 Morris Street, Suite 150, Durham NC 27701 and posted electronically on:

1. Surface’s Sharepoint: SPCC OCH Phase 1 Landscaping

(Notify info@surface678.com for any issues with access to this site)

2. North Carolina Electronic Vendor Portal (eVP.nc.gov)

NOTE: The bidder shall include with the bid proposal the form Identification of Minority

Business Participation identifying the minority business participation it will use on the project and shall include either Affidavit A or Affidavit B as applicable. Forms and instructions are included within the Proposal Form in the bid documents. Failure to complete these forms is grounds for rejection of the bid. (GS143-128.2c Effective 1/1/2002.)

All contractors are hereby notified that they must have proper license as required under the state laws governing their respective trades.

mailto:info@surface678.com https://surface678pa.sharepoint.com/:f:/s/Surface678Projects/IgAJBq4LgqvoTbHVokFSpptfAb_gvo5ZiktOnX60eONIOAk?e=JTWxn0 mailto:info@surface678.com

General contractors are notified that Chapter 87, Article 1, General Statutes of North Carolina, will be observed in receiving and awarding general contracts. General contractors submitting bids on this project must have license classification for General Construction.

NOTE--SINGLE PRIME CONTRACTS: Under GS 87-1, a contractor that superintends or manages construction of any building, highway, public utility, grading, structure or improvement shall be deemed a “general contractor” and shall be so licensed. Therefore, a single prime project that involves other trades will require the single prime contractor to hold a proper General Contractors license. EXCEPT: On public buildings being bid single prime, where the total value of the general construction does not exceed 25% of the total construction value, contractors under GS87- Arts 2 and 4 (Plumbing, Mechanical & Electrical) may bid and contract directly with the Owner as the SINGLE PRIME CONTRACTOR and may subcontract to other properly licensed trades. GS87-1.1- Rules .0210

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, of an amount equal to not less than five percent (5%) of the proposal, or in lieu thereof a bidder may offer a bid bond of five percent (5%) of the bid executed by a surety company licensed under the laws of North

Carolina to execute the contract in accordance with the bid bond. Said deposit shall be retained by the owner as liquidated damages in event of failure of the successful bidder to execute the contract within ten days after the award or to give satisfactory surety as required by law.

Contract Time: The undersigned bidder proposes and agrees, if awarded the contract, to complete the work within 120 consecutive calendar days from the date established in the Notice to Proceed.

No bid may be withdrawn after the scheduled closing time for the receipt of bids for a period of

30 days.

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

Designer: Owner:

Surface 678, PA South Piedmont Community College

215 Morris Street, Ste 150 Old Charlotte Highway Campus

Durham, NC 27701 1851 South Piedmont Street, 919-419-1199 (Office) Monroe, NC 28110

919-282-9144 (Direct)

END OF ADVERTISEMENT TO BIDDERS

Bid Proposal Page

BID PROPOSAL FORM

(USE THIS FORM ONLY)

SUBMIT PROPOSALS IN CARE OF: South Piedmont Community College

BIDDER’S FIRM NAME_______________________________________________________

DATE:____________________________

PROPOSAL: OCH Phase 1 Landscaping

Site Location: A Building, Old Charlotte Highway Campus

The Undersigned, as Bidder, hereby declares that only person or persons interested in this proposal as principal or principals is or are named herein and that no other persons than herein mentioned has any interest in this proposal or in the contract to be entered, 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 respect fair and in good faith without collusion or fraud.

The bidder further declares that they have examined the site of the work and informed themself fully in regard to all conditions pertaining to the place where the work is to be done; that they have examined the specifications for the work and the contract documents relative thereto, and has read all special provisions furnished prior to the opening of bids, that they have satisfied themself relative to the work to be performed.

Materials to be furnished shall be in compliance with standard specifications and special provisions.

CONTRACTOR’S responsibility shall continue uninterrupted until expiration of the warranty period as stated in the specifications after completion of the work. The owner (South Piedmont Community

College) reserves the right to select any or all of the alternatives and to increase or decrease the total contract amount utilizing the unit prices supplied by the CONTRACTOR in the bid form.

The Base Bid and Alternates shall not include any state or local sales tax. The undersigned bidder proposes and agrees, if awarded the contract, to complete the work within 120 consecutive calendar days from the date established in the Notice to Proceed.

The Bidder agrees, if their proposal is accepted, to contract with the South Piedmont Community College, (Owner), in the form of contract specified, to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and labor necessary to complete within the time allotted as specified, the General Construction work on the Owner’s property, in complete accordance with the Plans, Specifications, and Contract Documents bearing the title OCH Phase 1 Landscaping at South Piedmont

Community College’s Old Charlotte Highway Campus in Monroe, NC, with a definite understanding that no money will be allowed for extra work except as set forth in the Contract Documents for the sums as follows:

Bid Proposal Page

Total Lump Sum Base Bid for Building A Landscape Improvements at OCH Campus, SPCC

($____________________)____________________________________________dollars

PROPOSED SUBCONTRACTORS

Grading Subcontractor: License:

Other Subcontractor: Specify ( ) License:

GS 143-128(d) requires all single prime bidders to identify their subcontractors for the above subdivisions of work. A contractor whose bid is accepted shall not substitute any person as a subcontractor in the place of the subcontractor listed in the original bid, except (i) if the listed subcontractor’s bid is later determined by the contractor to be non-responsible or the listed subcontractor refuses to enter into a contract for the complete performance of the bid work, or (ii) with the approval of the awarding authority for good cause shown by the contractor.

ADDENDA

The following addenda are acknowledged as having been received and noted, the provisions for which are included in the proposal(s). Failure to acknowledge receipt of any addenda will subject the bidder to disqualification. CONTRACTOR to sign.

Addendum No. 1:__________________________________________________________

Addendum No. 2:__________________________________________________________

Addendum No. 3:__________________________________________________________

Addendum No. 4:_______________________________________________________

The undersigned proposes to perform alternatives for stated resulting additions from the Base Bid.

Additions shall include any modifications of work or additional work that the undersigned may be required to perform by reason of acceptance of any alternative.

ALTERNATES

Should any of the alternates as described in the contract documents be accepted, the amount written below shall be the amount to be “added to” the base bid.

*See Spec Section ‘012100 ALTS’ for more detailed description of Alternates.

Alternate #1:

Additional Landscape Improvements

($____________________)________________________________________________dollars

UNIT PRICES

Unit prices quoted and accepted shall apply throughout the life of the contract, except as otherwise specifically noted. Unit prices shall be applied, as appropriate, to compute the total value of changes in the scope of work, in all accordance with the plans and specifications.

Unit Price No. Description Unit Unit Price

No. 1 Tree Removal EA $

No. 2 Woven Geotextile Fabric SF $

No. 3 Jute Erosion Control Fabric SF $

No. 4

Canopy Tree EA $

No. 5

Evergreen / Deciduous Shrub EA $

No. 6 Turf/Grass Seeding SF $

No. 7 Landscape Boulders (From Offsite) SF $

No. 8 Light Duty Concrete Paving SF $

No. 9 Pedestrian Gravel Mulch Paving SF $

REQUIRED FORMS

The following forms have been completed by the CONTRACTOR and are attached hereto.

CONTRACTOR to sign.

Bid Bond: _________________________________________________ ___________

Performance and Payment Bond: _______*Not required_________________________

Non-Collusion Affidavit: _______*Not required_________________________

Bidder Safety Evaluation Questionnaire / Contractor Safety Record Information: ____________________

Contractor Qualifications: _________________________________

Respectfully submitted this _________________ day of ___ _ _

Signature: ________________________________________________________________

Title: ____________________________________________________________________

Firm: ____________________________________________________________________

Address: _________________________________________________________________

License No._________________ Expiration Date : _____________________

CONTRACTOR QUALIFICATION REQUIREMENTS

A firm or individual experienced in installing, erecting, or assembling work similar in material, design, and extent to that indicated for this Project, whose work has resulted in construction with a record of successful in-service performance. Provide evidence of the following:

1. Appropriately licensed General Contractor, in compliance with NCGS 87.

2. Bidder with a minimum of five (5) years of recent experience in commercial or industrial structural concrete, roadway construction, and site redevelopment of magnitude similar to the scope of this

Project.

3. Provide a minimum of three (3) references for work completed in accordance with requirement above. Include the project name, address, and phone number for each reference along with a current contact person. All work cited as references must have been performed within the last ten (10) years.

4. Provide a concise description of work experiences as related to the scope of work outlined herein.

The description should include, but not be limited to, the number of years the Bidder has been providing these types of services, types of services provided, references, and other documentation to verify the Bidder’s experience.

Insurance Requirements

A. Insurance endorsements must be provided for each required policy. The endorsements must indicate the following:

a) The insurance company will provide a minimum 30-day notice, by delivery or mail, to the insured and owner prior to any cancellation, reduction or elimination of coverage.

b) The endorsement must indicate the policy number being modified, which must match the policy number on the certificate.

B. “Certificate Holder” must be the owner and project description must be correct.

The work under this contract shall not commence until the contractor has obtained all required insurance and verifying certificates of insurance have been approved in writing by the owner. These certificates shall document that coverages afforded under the policies will not be cancelled, reduced in amount or coverages eliminated until at least thirty (30) days after mailing written notice, by certified mail, return receipt requested, to the insured and the owner of such alteration or cancellation. If endorsements are needed to comply with the notification or other requirements of this article copies of the endorsements shall be submitted with the certificates.

a. Worker’s Compensation and Employer's Liability

The contractor shall provide and maintain, until final acceptance, workmen's compensation insurance, as required by law, as well as employer's liability coverage with minimum limits of $100,000.

b. Public Liability and Property Damage

The contractor shall provide and maintain, until final acceptance, comprehensive general liability insurance, including coverage for premises operations, independent contractors, completed operations, products and contractual exposures, as shall protect such contractors from claims arising out of any bodily injury, including accidental death, as well as from claims for property damages which may arise from operations under this contract, whether such operations be by the contractor or by any subcontractor, or by anyone directly or indirectly employed by either of them and the minimum limits of such insurance shall be as follows:

Bodily Injury: $500,000 per occurrence

Property Damage: $100,000 per occurrence / $300,000 aggregate

In lieu of limits listed above, a $500,000 combined single limit shall satisfy both conditions.

Such coverage for completed operations must be maintained for at least two (2) years following final acceptance of the work performed under the contract.

c. Property Insurance (Builder’s Risk/Installation Floater)

The contractor shall purchase and maintain property insurance until final acceptance, upon the entire work at the site to the full insurable value thereof. This insurance shall include the interests of the owner, the contractor, the subcontractors and sub-subcontractors in the work and shall insure against the perils of fire, wind, rain, flood, extended coverage, and vandalism and malicious mischief. If the owner is damaged by failure of the contractor to purchase or maintain such insurance, then the contractor shall bear all reasonable costs properly attributable thereto; the contractor shall effect and maintain similar property insurance on portions of the work stored off the site when request for payment per articles so includes such portions.

d. Deductible

Any deductible, if applicable to loss covered by insurance provided, is to be borne by the contractor.

e. Other Insurance

The contractor shall obtain such additional insurance as may be required by the owner or by the General

Statutes of North Carolina including motor vehicle insurance, in amounts not less than the statutory limits.

f. Proof of Carriage

The contractor shall furnish the owner with satisfactory proof of carriage of the insurance required before written approval is granted by the owner.

Bid Bond-1

BID BOND

Contract name and number or other description of the Contract:

Name of Bidder:

Name, address, and telephone number of Surety’s N. C. Resident Agent:

Telephone number of Surety’s home office:

Surety is a corporation organized and existing pursuant to the laws of the State of:

Amount of this bond: check (a) or (b):

___ (a) (write or type the amount in words and figures) All numbers in this section are in U. S. dollars.

___ (b) five percent of the amount of the proposal

Bond number:

Date of execution of this bond:

Obligee: Trustees of South Piedmont Community College

KNOW ALL PERSONS BY THESE PRESENTS, that the Surety executing this bond, which Surety is duly licensed to act as surety in North Carolina, is held and firmly bound unto the Trustees of South

Piedmont Community College , Obligee, in the penal sum of the amount stated above, for the payment of which sum, well and truly to be made, the Surety binds itself and its successors and assigns, jointly and severally, by these presents. Whereas the Bidder is herewith submitting a proposal for the Contract referred to above, and the Bidder desires to file this Bid Bond in lieu of making the cash deposit pursuant to G.S. 143-129; NOW THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION is such, that if the Bidder shall be awarded the contract for which the bond is submitted, and shall, within ten days after the award is made, execute and deliver to the Obligee the contract and give satisfactory surety as required by G.S. 143-129, then this obligation shall be null and void, otherwise to remain in full force and virtue; and if the Bidder fails or refuses to so execute and deliver said contract or give said satisfactory surety, the Surety shall upon demand forthwith pay to the Obligee the full penal sum of this bond. The

Surety waives all extensions of time, and notice of extensions of time, for the opening of proposals and for the modification, award, execution, and delivery of the contract. IN WITNESS WHEREOF, the

Surety has executed this instrument under its seal as of the date of execution indicated above, pursuant to authority of its governing body.

(name of Bidder)

Bid Bond-2

[Execution by Bidder when the Bidder is a corporation]

By:__________________________________________

Title of officer: _____________________________

(Affix Bidder’s corporate seal.)

[Execution by Bidder when the Bidder is a limited liability company]

By: __________________________________________

Manager of Bidder

[Surety’s execution]

(name of Surety)

(signature of Surety’s attorney in fact)

(Affix Surety’s corporate seal.)

(Instructions to Surety and Bidder: If you use an embossing corporate seal, press enough to make it legible.)

[Acknowledgment when the Contractor (the Bidder) is a corporation]

State of ____________________________ Acknowledgment by Corporation

County of ________________________

(Type or print state and county where notarial act was performed)

I, ____________________________________________ (Type or print name of notary public), a notary public, certify that _______________________________________________________ (Type or print name of individual who signed) personally appeared before me this day and stated that he or she is (strike through the inapplicable titles) chairperson/ president/ chief executive officer/ vice president/ assistant vice president/ treasurer/ chief financial officer of ________________________

(Type or print the name of the corporation), a corporation, and that by authority duly given and as the act of the corporation, he or she signed, under seal, the foregoing contract or agreement with South

Piedmont Community College: This the ______ day of ___________________, 20______.

Bid Bond-3

Notary Public County

My Commission Expires:

(SEAL)

[Acknowledgment when the Contractor (the Bidder) is a limited liability company]

State of ____________________ Acknowledgment by Limited Liability Company

County of __________________

I, ____________________________________________ (Type or print name of notary public), a notary public, certify that ____________________________________ (Type or print name of individual who signed) personally (1) appeared before me this day, (2) stated that he or she is a manager of __________________________ (Type or print the name of the company), a limited liability company organized and existing under the laws of the State of _______________________, and that if he or she is a manager of the company automatically by reason of being a member of the company, the operating agreement does not change that status, (3) acknowledged that the foregoing contract with South Piedmont Community College carries on the company's business in the usual way, and (4) acknowledged the due execution, under seal, of the contract on behalf of the company.

This the _______ day of _____________________, 20______.

Bid Bond-4

ACKNOWLEDGMENT OF SURETY’S EXECUTION OF BID BOND

State of ____________________

County of __________________

I, ____________________________________________ (Type or print name of notary public), a notary public, certify that ____________________________________ (Type or print name of individual who signed) personally appeared before me this day and acknowledged that he or she is Attorney in Fact for

_____________________________________________________, the Surety named in the foregoing Bid

Bond, in which bond the Obligee is the Trustees of South Piedmont Community College , and the he or she executed said bond, under the seal of the Surety, on behalf of the Surety.

This the ______ day of ________________________, 20___________.

Bid Bond-5

Request for Approval of Substitution Page -1

REQUEST FOR APPROVAL OF SUBSTITUTION

This form must be included as part of the bid Package where substitution has been requested. In

Order for a substitution to be considered in the bid, all supporting information and specifications on the subject materials must be presented to the owner no later than ten (10) days prior to the bid opening and approved. Said approval will require an addendum to the bid being transmitted to all other bidders prior to the bid. Any substitution, which adds to the cost of the project budget, will be borne by the contractor requesting the substitution.

Original Item and Specification Substitute Item and Specifications:

Requested by:_________________________________________ Date:_______________

Approved by:__________________________________________ Date:_______________

Disapproved by:________________________________________ Date:_______________

Request for Approval of Substitution Page -2

Agreement Page 00 13-1

Standard Form of Agreement between Owner and Contractor

Attach draft contract.

NOT FIN

AL

(FOR R

EFERENCE O

NLY

State of North Carolina Standard Form of Informal Contract and General Conditions 1

STATE OF NORTH CAROLINA

STANDARD FORM OF CONSTRUCTION CONTRACT

AND GENERAL CONDITIONS

THIS AGREEMENT made this _____ day of _________ in the year of 2026 by and between _____________________________ hereinafter called the Party of the First Part and the Trustees of South Piedmont Community College hereinafter called the Party of the Second Part.

WITNESSETH:

That the Party of the First Part and the Party of the Second Part for the consideration herein named agree as follows:

1. Scope of Work: The Party of the First Part shall furnish and deliver all of the materials, and perform all of the work in the manner and form as provided by the following enumerated plans, specifications and documents, which are attached hereto and made a part thereof as if fully contained herein: advertisement; Instructions to Bidders; General Conditions; Supplementary General Conditions; specifications; accepted proposal;

contract; performance bond; payment bond; power of attorney; workmen's compensation; public liability; property damage and builder's risk insurance certificates;

approval of attorney general; certificate by the Office of State Budget and Management, and drawings, titled

Plans and specifications details and dates listed here:

2. That the Party of the First Part shall commence work to be performed under this agreement on a date to be specified in a written order of the Party of the Second Part and shall fully complete all work here under within 210 consecutive calendar days from said date. For each day in excess thereof, liquidated damages shall be as stated in Supplementary General Conditions. The Party of the First Part, as one of the considerations for the awarding of this contract, shall furnish to the Party of the Second Part a construction schedule setting forth planned progress of the project broken down by the various divisions or part of the work and by calendar days as outlined in Article 14 of the General Conditions of the Contract.

(FOR R

EFERENCE O

NLY

State of North Carolina Standard Form of Informal Contract and General Conditions 2

3. The Party of the Second Part hereby agrees to pay to the Party of the First Part for the faithful performance of this agreement, subject to additions and deductions as provided in the specifications or proposal, in lawful money of the United States as follows:

Total dollar amount of work accepted by the owner, including base bid and bid alternate listed here:

Contract Total .................................................. $X,XXX,XXX.XX

4. In accordance with Article 31 and Article 32 of the General Conditions of the Contract, the Party of the Second Part shall review, and if approved, process the Party of the First Party's pay request within 30 days upon receipt from the Designer. The Party of the Second Part, after reviewing and approving said pay request, shall make payments to the Party of the First Part on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the First Party, less five percent (5%) of the amount of such estimate which is to be retained by the Second Party until all work has been performed strictly in accordance with this agreement and until such work has been accepted by the Second Party. The Second Party may elect to waive retainage requirements after 50 percent of the work has been satisfactorily completed on schedule as referred to in Article 31 of the General Conditions.

5. Upon submission by the First Party of evidence satisfactory to the Second Party that all payrolls, material bills and other costs incurred by the First Party in connection with the construction of the work have been paid in full, final payment on account of this agreement shall be made within thirty (30) days after the completion by the First Party of all work covered by this agreement and the acceptance of such work by the Second Party.

6. It is further mutually agreed between the parties hereto that if at any time after the execution of this agreement and the surety bonds hereto attached for its faithful performance, the Second Party shall deem the surety or sureties upon such bonds to be unsatisfactory, or if, for any reason, such bonds cease to be adequate to cover the performance of the work, the First Party shall, at its expense, within five (5) days after the receipt of notice from the Second Party 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 Second Party. In such event no further payment to the First Party shall be deemed to be due under this agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Second Party.

7. The Party of the First Part attest that it and all its subcontractors have fully complied with all requirements of NCGS 64 Article 2 regarding E-Verification as required by Section 2.(c) of Session Law 2013-418, codified as N.C. Gen. Stat. § 143-129(j).

(FOR R

EFERENCE O

NLY

State of North Carolina Standard Form of Informal Contract and General Conditions 3

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

Construction Company

By:

Witness: Name and Title:

Address:

(Name and Title)

Email Address:

BY:

Name and Title:

Date:

Witness: ____________________

Name and Title: Erik Dagenhart, Capital Project Coordinator

(FOR R

EFERENCE O

NLY

State of North Carolina Standard Form of Informal Contract and General Conditions 4

G E N E R A L C O N D I T I O N S

1. GENERAL

It is understood and agreed that by submitting a bid that the Contractor has examined these contract documents, drawings and specifications and has visited the site of the Work and has satisfied himself relative to the Work to be performed.

2. DEFINITIONS

Owner: Owner shall mean, Trustees of South Piedmont Community College

Contractor: "Contractor" shall mean the entity that will provide the services for the Owner.

Designer: The designer(s) are those referred to within this contract, or their authorized representatives. The Designer(s), as referred to herein, shall mean architect and/or engineer responsible for preparing the project plans and specifications. They will be referred to hereinafter as if each were of the singular number, masculine gender.

Contract Documents: “Contract Documents” shall consist of the Notice to Bidders; General Conditions of the Contract; special conditions if applicable; Supplementary General Conditions;

the drawing and specifications, including all bulletins, addenda or other modifications of the drawings and specifications incorporated into the documents prior to their execution; the bid;

the contract; the performance bond if applicable; and insurance certificates. All these items together form the contract.

INTENT AND EXECUTION OF DOCUMENTS

The drawings and specifications are complementary, one to the other. That which is shown on the drawings or called for in the specifications shall be as binding as if it were both called for and shown. The intent of the drawings and specifications is to establish the scope of all labor, materials, transportation, equipment, and all other things necessary to provide a complete job.

In the case of discrepancy or disagreement in the Contract Documents, the order of precedence shall be Form of Contract, specifications, large-scale detail drawings, small-scale drawings.

In such cases where the nature of the work requires clarification by the Designer/ Owner, the Designer/ Owner shall furnish such clarification. Clarifications and drawings shall be consistent with the intent of the Contract Documents and shall become a part thereof.

4. AS-BUILT MARKED-UP CONSTRUCTION DOCUMENTS

Contractor shall provide one complete set of legible “as-built” marked-up construction drawings and specifications recording all changes made to the original design during construction. In the event no changes occurred, submit construction drawings and specifications set with notation “No Changes.” The Designer/Owner must receive “As-built” marked-up construction drawings and specifications before the final pay request can be processed.

(FOR R

EFERENCE O

NLY

State of North Carolina Standard Form of Informal Contract and General Conditions 5

5. SUBMITTAL DATA

The Contractor awarded the contract shall submit all specified submittals to the Owner/Designer. A minimum number of copies as specified by the owner of all required submittal data pertaining to construction, performance and general dimensional criteria of the components listed in the technical specifications shall be submitted. No material or equipment shall be ordered or installed prior to written approval of the submittals by the Designer/Owner.

Failure to provide submittal data for review on equipment listed in the technical specifications will result in removal of equipment by the Contractor at his expense if the equipment is not in compliance with the specifications.

6. SUBSTITUTIONS

In accordance with the provisions of G.S. 133-3, material, product, or equipment substitutions proposed by the bidders to those specified herein can only be considered during the bidding phase until five (5) days prior to the receipt of bids or by the date specified in the pre bid conference, when submitted to the Designer with sufficient data to confirm material, product, or equipment equality. Proposed substitutions submitted after this time will be considered only as potential change order.

Submittals for proposed substitutions shall include the following information:

a. Name, address, and telephone number of manufacturer and supplier as appropriate.

b. Trade name, model or catalog designation.

c. Product data, including performance and test data, reference standards, and technical descriptions of material, product, or equipment. Include color samples and samples of available finishes as appropriate.

d. Detailed comparison with specified products including performance capabilities, warranties, and test results.

e. Other pertinent data including data requested by the Designer to confirm product equality.

If a proposed material, product, or equipment substitution is deemed equal by the Designer to those specified, all bidders of record will be notified by Addendum.

7. WORKING DRAWINGS AND SPECIFICATIONS AT THE JOB SITE

The contractor shall maintain, in readable condition, at his job site one complete set of working drawings and specifications for his work including all shop drawings. Such drawings and specifications shall be available for use by the owner, designer or his authorized representative.

The contractor shall maintain at the job site, a day-to-day record of work-in-place that is at variance with the contract documents. Such variations shall be fully noted on project drawings by the contractor and submitted to the designer upon project completion and no later than 30 days after acceptance of the project.

(FOR R

EFERENCE O

NLY

State of North Carolina Standard Form of Informal Contract and General Conditions 6

8. MATERIALS, EQUIPMENT, EMPLOYEES

a. The contractor shall, unless otherwise specified, supply and pay for all labor, transportation, materials, tools, apparatus, lights, power, fuel, heat, sanitary facilities, water, scaffolding and incidentals necessary for the completion of his work, and shall install, maintain and remove all equipment of the construction, other utensils or things, and be responsible for the safe, proper and lawful construction, maintenance and use of same, and shall construct in the best and most workmanlike manner, a complete job and everything incidental thereto, as shown on the plans, stated in the specifications, or reasonably implied therefrom, all in accordance with the contract documents.

b. All materials shall be new and of quality specified, except where reclaimed material is authorized herein and approved for use. Workmanship shall always be of a grade accepted as the best practice of the trade involved, and as stipulated in written standards of recognized organizations or institutes of the respective trades except as exceeded or qualified by the specifications.

c. Upon notice, the contractor shall furnish evidence as to the quality of materials.

d. Products are generally specified by ASTM or other reference standards and/or by manufacturer's name and model number or trade name. When specified only by reference standard, the Contractor may select any product meeting this standard, by any manufacturer. When several products or manufacturers are specified as being equally acceptable, the Contractor has the option of using any product and manufacturer combination listed. However, the contractor shall be aware that the cited examples are used only to denote the quality standard of product desired and that they do not restrict bidders to a specific brand, make, manufacturer or specific name; that they are used only to set forth and convey to bidders the general style, type, character and quality of product desired; and that equivalent products will be acceptable. Request for substitution of materials, items, or equipment shall be submitted to the designer for approval or disapproval; the designer prior to the opening of bids shall make such approval or disapproval. Alternate materials may be requested after the award if it can clearly be demonstrated that it is an added benefit to the owner and the designer and owner approves.

e. The designer is the judge of equality for proposed substitution of products, materials or equipment.

f. If at any time during the construction and completion of the work covered by these contract documents, the language, conduct, or attire of any workman of the various crafts be adjudged a nuisance to the owner or designer, or if any workman be considered detrimental to the work, the contractor shall order such parties removed immediately from grounds.

g. The Contractor shall cooperate with the designer and the owner in coordinating construction activities.

(FOR R

EFERENCE O

NLY

State of North Carolina Standard Form of Informal Contract and General Conditions 7

h. The Contractor shall always maintain qualified personnel and effective supervision at the site during the project and exercise the appropriate quality control program to ensure compliance with the project drawings and specifications. The designer is responsible for determining compliance with the drawings and specifications.

9. CODES, PERMITS AND INSPECTIONS

The Contractor shall obtain the required permits, if required, give all notices, and comply with all laws, ordinances, codes, rules and regulations bearing on the conduct of the work under this contract. If the Contractor observes that the drawings and specifications are at variance therewith, he shall promptly notify the Designer in writing. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, codes, rules and regulations, and without such notice to the Owner, he shall bear all cost arising there from.

All work under this contract shall conform to the current North Carolina Building Code and other state and national codes as applicable.

Projects constructed by the State of North Carolina or by any agency or institution of the State are not subject to county or municipal building codes and may* not be subject to inspection by county or municipal authorities. Where appropriate, the Contractor shall, cooperate with the county or municipal authorities by obtaining building permits. The contractor at no cost may obtain permits from the owner.

All fire alarm work shall be in accordance with the latest State Construction Office (SCO) Guidelines for Fire Alarm Installation (NFPA72). Where the contract documents conflict with the SCO guidelines, the SCO guidelines shall govern. The Contractor shall be responsible for all the costs for the correction of the work where he installs it in conflict with the latest edition of the SCO Guidelines for Fire Alarm Installation.

10. PROTECTION OF WORK, PROPERTY, THE PUBLIC AND SAFETY

a. The contractors shall be jointly responsible for the entire site and the building or construction of the same and provide all the necessary protection, as required by the owner or designer, and by laws or ordinances governing such conditions. They shall be responsible for any damage to the owner's property or that of others on the job, by them, their personnel, or their subcontractors, and shall make such damages good. They shall be responsible for and pay for any damage caused to the owner.

All contractors shall always have access to the project, except as indicated in the Supplemental General Conditions.

b. The contractor shall provide cover and protect all portions of the structure when the work is not in progress, provide and set all temporary roofs, covers for doorways, sash and windows, and all other materials necessary to protect all the work on the

*Inspection and certif ication of compliance by local authorities is necessary if an architect or engineer was not employed on the project, or if the plans and specif ications were not approved and the construction inspected by the State Construction Of f ice.

(FOR R

EFERENCE O

State of North Carolina Standard Form of Informal Contract and General Conditions 8 building, whether set by him, or any of the subcontractors. Any work damaged through the lack of proper protection or for any other cause shall be repaired or replaced without extra cost to the owner.

c. No fires of any kind will be allowed inside or around the operations during construction without special permission from the designer and owner.

d. The contractor shall protect all trees and shrubs designated to remain in the vicinity of the operations by building substantial boxes around it. He shall barricade all walks, roads, etc., as directed by the designer to keep the public away from the construction. All trenches, excavations or other hazards in the vicinity of the work shall be well barricaded and properly lit at night.

e. The contractor shall provide all necessary safety measures for the protection of all people on the job, including the requirements of the A.G.C. Accident Prevention Manual in Construction, as amended, and shall fully comply with all state laws or regulations and North Carolina State Building Code requirements to prevent accidents or injury to persons on or about the location of the work. He shall clearly mark or post signs warning of hazards existing, and shall barricade excavations, elevator shafts, stairwells and similar hazards. He shall protect against damage or injury resulting from falling materials and he shall maintain all protective devices and signs throughout the progress of the work.

f. The contractor shall adhere to the rules, regulations and interpretations of the North

Carolina Department of Labor relating to Occupational Safety and Health Standards for the Construction Industry (Title 29, Code of Federal Regulations, Part 1926, published in Volume 39, Number 122, Part II, June 24, 1974, Federal Register), and revisions thereto as adopted by General Statutes of North Carolina 95-126 through 155.

i. In the event of an emergency affecting the safety of life, the protection of work, or the safety of adjoining properties, the contractor is hereby authorized to act at his own discretion, without further authorization from anyone, to prevent such threatened injury or damage. Any compensation claimed by the contractor on account of such an action shall be determined as provided for under Article 13(b).

j. Any and all costs associated with correcting damage caused to adjacent properties of the construction site or staging area shall be borne by the contractor. These costs shall include but not be limited to flooding, mud, sand, stone, debris, and discharging waste products.

11. SUBCONTRACTS AND SUBCONTRACTORS

The Contractor is and remains fully responsible for his own acts or omissions as well as those of any subcontractor or of any employee of either. The Contractor agrees that no contractual relationship exists between the subcontractor and the Owner in regard to the contract, and that the subcontractor acts on this work as an agent or employee of the Contractor.

(FOR R

EFERENCE O

State of North Carolina Standard Form of Informal Contract and General Conditions 9

12. CONTRACTOR-SUBCONTRACTOR RELATIONSHIPS

The Contractor agrees that the terms of these Contract Documents shall apply equally to each Subcontractor as to the Contractor, and the Contractor agrees to take such action as may be necessary to bind each Subcontractor to these terms. The Contractor further agrees to conform to the Code of Ethical Conduct as adopted by the Associated General Contractors of America, Inc., with respect to Contractor-Subcontractor relationships. The Owner reserves the right to limit the number of portions of work to be subcontracted as hereinafter specified.

13. CHANGES IN WORK AND CLAIMS FOR EXTRA COST

a. The owner may have changes made in the work covered by the contract. These changes will not invalidate and will not relieve or release the contractor from any guarantee given by him pertinent to the contract provisions. These changes will not affect the validity of the guaranteed bond and will not relieve the surety or sureties of said bond. All extra work shall be carried out under the conditions of the original contract.

b. Except in an emergency endangering life or property, no change shall be made by the contractor except upon receipt of an approved change order from the designer, countersigned by the owner authorizing such change. No claim for adjustments of the contract price shall be valid unless this procedure is followed.

Should a claim for extra compensation by the contractor be denied by the designer or the owner, the contractor may pursue his claim in accordance with G.S. 143-135.3.

In the event of an emergency endangering life or property, the contractor may be directed to proceed on a time and material basis whereupon the contractor shall proceed and keep accurately on such form as specified by the designer or owner, a correct account of costs together with all proper invoices, payrolls and supporting data. Upon completion of the work the change order will be prepared as outlined under either Method "c(1)" or Method "c(2)" or both.

c. In determining the values of changes, either additive or deductive, contractors are restricted to the use of the following methods:

1. Where the extra work involved is covered by unit prices quoted in the proposal, or subsequently agreed to by the Contractor, Designer, Owner and State Construction Office the value of the change shall be computed by application of unit prices based on quantities, estimated or actual as agreed of the items involved, except is such cases where a quantity exceeds the estimated quantity allowance in the contract by one hundred percent (100%) or more. In such cases, either party may elect to proceed under subparagraph c (2) herein. If neither party elects to proceed under c (2), then unit prices shall apply.

(FOR R

EFERENCE O

State of North Carolina Standard Form of Informal Contract and General Conditions 10

2. The contracting parties shall negotiate and agree upon the equitable value of the change prior to the issuance of the change order, and the change order shall stipulate the corresponding lump sum adjustment to the contract price.

d. Under Paragraph “b” and Methods…