HomeMy WebLinkAbout2014-271 AMS - Riggs-Harrod Builders for Sportsplex lobby renovation $429,550 [Departmental Use Only]
TITLE Sportsplex Lobby
FY FY2013-14
NORTH CAROLINA
CONSTRUCTION AGREEMENT OVER$250,000.00
ORANGE COUNTY
THIS CONSTRUCTION AGREEMENT(hereinafter called "Agreement"), made as of the 3rd day of
June, 2014, by and between Riggs-Harrod Builders, Inc., (hereinafter called the "Contractor"), and Orange
County, a body politic and a political subdivision of the State of North Carolina, (hereinafter called the
"Owner").
WITNESSETH:
That the Contractor and the Owner, for the consideration herein named,agree as follows:
1. CONTRACT DOCUMENTS; PRIORITY
The Contract Documents consist of this Agreement, the General Conditions which are fully
incorporated in this Agreement, the Request for Proposals, designer approved communications and/or field
orders, the Proposal, Construction Documents and Drawings and Written Specifications. The Contract
Documents form the Contract. In the event of any inconsistency between or among the Contract Documents
the Contract Documents shall be interpreted in the following order of priority:
a. This Agreement with incorporated General Conditions.
b. Designer approved and stamped construction documents and drawings and written
specifications.
c. Designer approved communications and/or field orders.
d. Request for Proposals and addenda thereto.
e. Proposal.
2. SCOPE OF WORK
The Contractor shall furnish and deliver all of the materials, and perform, and be fully responsible
for all of the Work required by this Agreement within the time period stipulated in a written Notice-to-Proceed
to be executed by the Contractor and Owner and in accordance with the following enumerated documents,
which are made a part hereof as if fully contained herein:
a. Construction Drawings prepared by Burke Design (Sheet Index dated November 20, 2013,
Project Manual dated March 24, 2014 and Addendums 41, #2, and 43 described in Attachment
1 dated April 7, 2014 for addendum 41; April 14, 2014 for addendum #2; and April 17, 2014
for addendum#3)
b. Written specifications prepared by the Designer.
c. Contractor Bid proposal dated April 24, 2014 described in Attachment 2 which fully describes
the work to be performed, such work(hereinafter called the"Work").
d. Related documents listed under Section 2 above.
3. TERM AND SCHEDULING
a. The Contractor agrees to commence work pursuant to the written Notice-to Proceed.
b. The Contractor agrees to complete substantially all Work included by October 31,2014.
c. Time is of the essence with respect to all dates specified in the Contract Documents as
Completion Dates.
d. The Contractor shall perform the Work in the time, manner and form required by the Contract
Documents and as stipulated in a written Notice-to-Proceed to be executed by the Contractor
and Owner.
4. STANDARD OF CARE AND DUTIES OF CONTRACTOR
a. The Contractor shall exercise reasonable care and diligence in performing the Work in
accordance with the generally accepted standards,of this type of Contractor practice throughout
the United States and in accordance with applicable federal, state and local laws and
regulations applicable to the performance of these services. Contractor is solely responsible
for the professional quality,accuracy and timely completion and/or submission of all work.
b. The Contractor shall not load or permit any part of the Work to be loaded with a weight that
will endanger its safety, intended performance or configuration.
c. Contractor shall be responsible for all Contractor, Subcontractor, and Sub-subcontractor errors
or omissions, in the performance of the Agreement together with the errors and omissions of
any agent or employee of the Contractor or any Subcontractor or Sub-subcontractor.
Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or
conflicts at no additional cost to the Owner.
d. Contractor is an independent contractor of Owner. Any and all employees of the Contractor
engaged by the Contractor in the performance of any work or services required of the
Contractor under this Agreement, shall be considered employees or agents of the Contractor
only and not of the Owner, and any and all claims that may or might arise under any workers
compensation or other law or contract on behalf of said employees while so engaged shall be
the sole obligation and responsibility of the Contractor.
e. Contractor agrees that Contractor, its employees, agents and its subcontractors, if any, shall be
required to comply with all federal, state and local antidiscrimination laws, regulations and
policies that relate to the performance of Contractor's services under this Agreement.
f. If activities related to the performance of this Agreement require specific licenses,
certifications, or related credentials Contractor represents that it and/or its employees, agents
and subcontractors engaged in such activities possess such licenses, certifications, or
credentials and that such licenses certifications, or credentials are current, active, and not in a
state of suspension or revocation.
g. The Contractor shall supervise and direct the Work efficiently and with the Contractor's best
skill and attention. Except as specifically set forth in the Contract Documents the Contractor
shall be solely responsible for the means, methods, techniques, sequences and procedures of
construction, and for safety precautions and programs in connection with the Work. The
Contractor shall be responsible to see that the finished Work complies accurately with the
Contract Documents.
h. The Contractor shall appoint a competent Project Manager with general authority to manage
the Project for the Contractor. The Contractor shall also keep on the Project at all times during
the Work of the Contractor a competent Resident Superintendent and necessary assistants who
shall not be replaced without prior written approval by the Designer or by the Owner if a
Designer is not retained for the Project.
i. If, in the opinion of the Designer, any Subcontractor on the Project is incompetent or otherwise
unsatisfactory, such Subcontractor shall be replaced by the Contractor with no increase in the
Contract Price if and when directed by the Designer.
j. The Contractor shall attend all progress conferences and all other meetings or conferences.
The Contractor shall be represented at these progress conferences by a representative having
the authority of the Project Manager and by such other representatives as the Designer may
direct.
k. Costs and expenses of providing samples for and assistance in any testing shall be borne by the
Contractor. Any Work in which untested materials are used without approval or written
permission of the Owner and/or Designer shall be removed and replaced at Contractor's
expense.
5. PAYMENT&TAXES
a. 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 a sum not-to-
exceed Four Hundred Twenty Nine Thousand Five Hundred Fifty Dollars ($429,550). Not
later than the fifth(5th)day of each calendar month the Contractor shall submit to the Owner's
Representative, generally the Designer if a Designer is retained on the Work, a Request for
Payment for work done during the previous calendar month.
(i) The Request for Payment shall be in form of a standardized invoice or AIA Document
G702-703 appropriately addressed to Owner's Representative at PO Box 8181,
Hillsborough NC 27278 and shall show substantially the value of work done during
the previous calendar month.
(ii) The amount due for payment shall be ninety-five percent (95%) of the value of work
completed since the last Request for Payment and this amount shall be paid by the
Owner on or before the last business day of the month. Owner shall retain five percent
(5%)(the"Retainage").
(1) Upon Owner's Representative's certification that fifty percent (50%) of the
Work has been satisfactorily completed Retainage shall be reduced to two and
one half percent(2V2%).
(2) Upon Owner's Representative's certification that ninety percent (90%) of the
Work has been satisfactorily completed Retainage may be discontinued.
Retainage may be discontinued, at Owner's Discretion, so long as work
continues to be completed satisfactorily and on schedule.
(iii) Final payment shall not be due to the Contractor until thirty (30) days after Final
Completion of the Work, including punch list work, has been satisfactorily completed
and an appropriate Affidavit, Indemnification, and Release as required in Section 8(d)
below has been received by Owner.
b. Should Owner reasonably determine that Contractor has failed to perform the Work related to
a Request for Payment, Owner, at its discretion may provide the Contractor ten (10) days to
cure the breach. Owner may withhold the accompanying payment without penalty until such
time as Contractor cures the breach.
(i) Should Contractor or its representatives fail to cure the breach within ten (10) days, or
fail to reasonably agree to such modified schedule, Owner may immediately terminate
this Agreement in writing, without penalty or incurring further obligation to
Contractor.
(ii) This section shall not be interpreted to limit the definition of breach to the failure to
perform the Work related to a Request for Payment.
c. The Contractor has included in the Contract Price and shall pay all taxes assessed by any
authority on the Work or the labor and materials used therein. It shall be the Contractor's
responsibility to furnish the Owner documentary evidence showing the materials used and
sales and use tax paid by the Contractor and each of its subcontractors.
d. Should the Owner receive notice that the Contractor has failed to pay a Subcontractor for the
Work performed related to a Request for Payment, Owner shall have the authority to withhold
payment of the disputed amount until parties resolve their dispute. Failure to pay the
Contractor pursuant to this section of the Agreement shall not be deemed to be a breach of the
Agreement.
6. NON—APPROPRIATION
a. Contractor acknowledges that Owner is a governmental entity, and the validity of this
Agreement is based upon the availability of public funding under the authority of its statutory
mandate.
b. In the event that public funds are unavailable and not appropriated for the performance of
Owner's obligations under this Agreement, then this Agreement shall automatically expire
without penalty to Owner immediately upon written notice to Contractor of the unavailability
and non-appropriation of public funds. It is expressly agreed that Owner shall not activate this
non-appropriation provision for its convenience or to circumvent the requirements of this
Agreement,but only as an emergency fiscal measure during a substantial fiscal crisis.
c. In the event of a change in the Owner's statutory authority, mandate and/or mandated
functions, by state and/or federal legislative or regulatory action, which adversely affects
Owner's authority to continue its obligations under this Agreement, then this Agreement shall
automatically terminate without penalty to Owner upon written notice to Contractor of such
limitation or change in Owner's legal authority.
7. NOTICES
Any notice required by this Agreement shall be in writing and delivered by certified or registered mail,
return receipt requested to the following:
Owner: Contractor:
Orange County Riggs-Harrod Builders, Inc.
Attn: Jeff Thompson 1117 East Geer Street
P.O.Box 8181 Durham,NC 27707
Hillsborough,NC 27278
8. MISCELLANEOUS
a. Duties and Obligations imposed by the Contract Documents shall be in addition to any Duties
and Obligations imposed by state,federal or local law,rules,regulations and ordinances.
b. No act or failure to act by the Owner or Contractor shall constitute a waiver of any right or
duty granted them under the Contract Documents, nor shall any act or failure to act constitute
any approval except as specifically agreed in writing.
c. The Work shall be tested and inspected as required by the Contract Documents and as required
by law. Unless prohibited by law the costs of all such tests and inspections related to state and
federal codes such as ADA, Administrative, Electrical, Plumbing, Mechanical and Building
Codes shall be borne by the Contractor. The costs for material and structural testing shall be
conducted by an independent third party at the expense of the Owner. Delays related to any of
the aforementioned tests and inspections shall not be grounds for delaying the completion of
the work. If any such tests and inspections reveal deficiencies in the Work such that the Work
does not comply with terms or requirements of the Contract Documents and/or the
requirements of any code or law the Contractor is solely responsible for the cost of bringing
such deficiencies into compliance with the terms of the Contract Documents and/or any code
or law.
d. Should the Designer, if a Designer is retained for the project involving the Work, or Owner
reject any portion of the Work for failing to comply with the Contract Documents Contractor
shall immediately, at Contractor's expense, correct the Work. Any such rejection may be
made before or after substantial completion. If applicable,any additional expense borne by the
Designer under this section shall be paid at Contractor's expense.
e. The Contractor shall not assign any portion of this Agreement nor subcontract the Work in its
entirety without the prior written consent of the Owner.
9. CONSEQUENTIAL DAMAGES
a. Owner and Contractor mutually waive any claim against each other for consequential damages.
Consequential Damages include:
(i) Damages incurred by Owner for loss of use,income,financing,or business.
(ii) Damages incurred by Contractor for office expenses, including personnel, loss of
financing, profit, income, business, damage to reputation, or any other non-direct
damages.
10. ENTIRE AGREEMENT
All of the documents listed, referenced or described in this Agreement,the written Notice-to-Proceed,
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 Contract Documents constitute the entire agreement between Owner and Contractor. This
Agreement may be amended only by written instrument signed by both parties. Modifications may be
evidenced by facsimile signatures. If any provision of the Agreement shall be declared invalid or
unenforceable,the remainder of the Agreement shall continue in full force and effect.
[SIGNATURE PAGE TO FOLLOW]
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.
ORANGE COUNTY CONTRACTOR
Si Signature
Printed Name and Title
Attest: UV
Donna Bakerplerto A Board
This instrument has been approved as to technical content.
njj::�-, f-
Jeff ho pson, Department Director
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal
Control Act.
%,-'..' A. /W'
Office of the Chief Financial Officer
This ins ent as b roved as to legal form and sufficiency.
Offic o the County Attorney
Attachment#1
Sportsplex Lobby Renovation Construction Document Sheet Index
Drawings Dated November 20, 2013
GOA, GO.2, GO.3, GOA, GO.5
A1.0, A1.1, A1.2, A1.3, A1.4, A1.5
A2.1, A2.2, A3.1, A3.2
Phasing
S1.01, S1.02
P-1, P-2, P-3
M-1, M-2, M-3
E-1, E-2, E-3, E-4, E-5, E-6
FA-1, FA-2, FA-3
Attachment#1
Troiangie Sportsplex
Renovation & Addition
Hillsborough , NC
Ca4
i s�pll I r�+
17
4
ORANGE COUNTY, N .C.
Bid #367-294
Construction Document Bid Set
March 24, 2014
Project Manual
Attachment#1
Table of Contents
ITEM Page(s)
Copy of advertisement 3
Instructions to Bidders 5
General Conditions (this section includes its own table of contents) 9
Template Contract 55
Form of Performance Bond 62
Form of Payment Bond 64
Request for Substitution Form 66
*Form of Bid Bond 68
*Form of Proposal 69
*Orange County MBE/HUB Policy and forms 71
*Contractor's Safety Record Information 82
*E-Verify Affidavit 86
Construction Documents Separate pdf File
*to be included in bid submittal
Attachment#1
Triangle Sportpex
Notice to Bidders
FOR ORANGE COUNTY, N.C.
Sealed proposals(bid#367-294)will be received by the Orange County Finance Department,
c/o David Cannell, WCOB, 131 W. Margaret Lane, Room 004, Hillsborough, North Carolina
27278, until 2:00 P.M. on Thursday, the 24th day of April 2014 for the renovation and proposed
addition to the Triangle Sportsplex. Bids will be opened in public following the close of Bidding
and read in the presence of those interested in the basement conference room (Room 004), 131
W. Margaret Lane, Hillsborough, North Carolina 27278.
Plans and specifications can be downloaded in electronic format at the Orange County
Purchasing website http://orangecountync.gov/purchasing/bids.asp or contacting via email at
dcannellt&-orangecountync.gov or calling 919-245-2651
The Contract Documents may be examined during normal business hours at the following
locations:
McGraw-Hill Dodge Online: hftp://construction.com/PromectCente
General Contractors of America Plan Rooms: Raleigh, Charlotte, NC
Orange County Asset Management at 131 W. Margaret Lane, Suite 301, Hillsborough,
North Carolina 27278
A Pre-Bid Conference will be held at the WCOB, 131 W. Margaret Lane, Room 004,
Hillsborough, North Carolina 27278 April 3, 2014 at 2:00 pm.. Attendance at this Pre-Bid
Conference is not mandatory, but all potential Bidders are encouraged to attend.
Consideration will be given only to Bids from Contractors who submit evidence showing that
they are licensed under"An Act to Regulate the Practice of General Contracting", ratified by the
General Assembly of North Carolina on March 23, 1937, when such Act is adhered to during the
Bidding and Construction Phases of this Project. Each Proposal will be plainly marked on the
outside of the envelope "Proposal for Renovations and Addition to the Triangle Sportsplex". In
the upper left hand corner of the envelope that name of the Bidder, mailing address, and his
North Carolina State License Number will be shown. Bids may be mailed to the Finance
Department, c/o David Cannell, P.O. Box 8181, Hillsborough, NC 27278 but Orange County
does not guarantee the receipt of a Proposal sent via mail.
Each Bid will be accompanied with a deposit of cash, cashier's check, or a certified check on
some bank or trust company insured by the Federal Deposit Insurance Corporation in an
amount equal to not less than five percent of the Bid, said check to be made payable to Orange
County, North Carolina.
In lieu of the above cashier's or certified check, the Bidder may execute a Bid Bond for the
same amount and in the form hereinafter provided, attaching Bonding Company's Agent of
Power of Attorney to the page provided thereof.
Bids will be opened in public and read in the presence of those interested, but the right is
reserved to waive minor variances or irregularities. After Bids are opened, they will be evaluated
in accordance with the methods and criteria set forth in the Bidding Documents. No Bidder may
withdraw a Bid within 60 days after the opening.
Orange County reserves the right to reject any and all Bids.
David E. Cannell
Purchasing Agent, Financial Services Department
1
Attachment#1
INSTRUCTIONS TO BIDDERS
For a Proposal to be considered, it must be made in accordance with the following instructions:
1. PROPOSALS
Proposals must be made in strict accordance with the"Form of Proposals"provided therefore, and all blank
spaces for Bids,Alternates and Unit Prices shall be properly filled in.When requested Alternates are not bid,the
Proposals may be considered incomplete. The Bidders agree that Bids on Forms of Proposals detached from
specifications will be considered and will have the same force and effect as if attached hereto. Numbers shall be
stated both in writing and in figures for Base Bids and any Alternates.
Any Modification to the Form of Proposal(including Alternates and/or Unit Prices)may disqualify the Bid and may
cause the Bid to be rejected.
The Contractor shall fill in the Form of Proposal 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 work"Co-Partner"
appearing after the name of the partner executing them.
c. If the documents are executed on the part of a Corporation,they shall be executed by either the President
or the Vice-President and attested by the Secretary or Assistant Secretary in either case,and the title of
the office of such person shall appear after their signatures.The seal of the Corporation shall be
impressed on each signature page of the documents.
d. If the 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.
f. Proposal shall be addressed as indicated and shall be delivered enclosed in an opaque sealed envelope,
marked"Proposal"and bearing the name of Project(Bid#289), name and address of the Bidder,the
Bidders'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 this Bid to the proper official at the appointed
place and prior to the announced time for the opening of Bids. Late delivery of a Bid for any reason,
including delivery by the United States Mail, shall disqualify the Bid.
h. Modifications of previously deposited Bids will be acceptable only if delivered 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 that it has carefully
examined 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 itself 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 execution of the work;the general and local
conditions;the construction hazards;and all other matters, including but not limited to, the labor situation which
can in any way affect the work under the Contract;and including all safety measures required by the Occupational
Safety Health Act of 1970 and all rules and regulations issued pursuant thereto. It is further mutually agreed that
by submitting a proposal,the Contractor understands the feasibility and meaning of the plans, drawings,
specifications,and other Contract Documents for the construction of the Work and that it accepts all the terms,
conditions and stipulations contained therein; and that it is prepared to work in cooperation with the other
Contractors performing work on the site.
3. ADDENDA
Any addenda to specifications issued during the time of Bidding will be sent to each Bidder who is on the official
bidders list maintained by Orange County Purchasing ,as well as posted on the County's website
www.orangecountync.gov/purchasing and are to be considered covered in the Proposal and in closing a Contract
they will become part thereof. It shall be the Contractor's responsibility to ascertain prior to Bid time the issuance of
any Addenda and see that its Bid includes any changes thereby required. Should the Bidder find discrepancies in, or
omissions from,these drawings or documents or should it be in doubt as to their meaning, it shall at once notify the
Designer,who may send written instruction in the form of Addenda to all Bidders. Notification shall not be later than
seven (7)days from the date set for receipt of Bids. Neither the Owner nor the Designer shall be responsible for any
Attachment#1
oral instructions. All Addenda shall be acknowledged by the Bidders(s)on the Proposal form. Failure to do so may
disqualify the Bid and may cause the Bid to be rejected.
4. BID SECURITY
Each proposal shall be accompanied by a cash deposit,or a certified check drawn on some bank or a 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 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.
S. RECEIPT OF BIDS
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; Bid Number;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
Bids shall be opened in public.Once any bid is opened,there shall not be any withdrawal of any Bidder and no Bids
may be returned by the Owner to any Bidder.
A Bidder may withdraw its formal Bid after the bids are opened without forfeiting its Bid deposit in certain limited
circumstances.Withdrawal after opening is permitted only if all of the following conditions 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(a)was clerical in nature as opposed to a judgment error,
and(b)was actually due to an unintentional and substantial arithmetic omission of a substantial quality 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(a)is made in writing to the Owner and(b) is made prior to the award of the Contract,but
not later than seventy-two(72)hours after the opening of Bids.
The Owner reserves the right to reject any and all Bids,to waive all technicalities and irregularities, and to make the
award as considered in the best interest of the Owner. 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,Alternatives 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 Bidmay 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.
7. PERFORMANCE BOND
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.
8. 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.
9. PRE-BID CONFERENCE
A Pre-Bid Conference will be held at the Orange County West Campus Office Building in room 004,1 31 W Margaret
Lane, Hillsborough, NC on April 3,2014 at 2:00 pm..Attendance at this Pre-Bid Conference is not mandatory,but all
potential Bidders are encouraged to attend.
Attachment#1
10. INFORMATION TO BIDDERS
All questions concerning the plans and specifications should be directed to the Designer.
Ben Burke
President, Burke Design Group, PA
Phone Work : 919-771-1916
Phone Mobile : 919-618-0717
Email Work:benburke @nc.rr.com
Address Work : 3305-109 Durham Drive, Raleigh,N C 27603
Email benburke@nc.rr.com (preferred)
All questions concerning bidding procedure should be directed to:.
David Cannell, Purchasing Agent,CLGPO
Orange County Financial Services
dcannell @orangecountync.gov(preferred)
919-245-2651 (v)
11. Proposed timeline
Bid advertised and available to bidders March 24,2014
Pre-Bid Conference Aril 3,2014 ft 2:00 prn
Deadline for RFI and alternate products Aril 14 2014
Final Addendum issued Aril 17,2014
Bid opening Aril 24,2014 @ 2:00 pm
Bid Award and NTP 1 May 2014
12. Alternate Products
Any mention of brand names is used to denote the minimum quality standard and function of the products desired
and they do not restrict vendors to the specified brand,make,manufacturer,or specifications named. They are
used only to set forth and convey the prospective vendors the general style,type,character,and quality of products
desired;and substantially equivalent products will be acceptable. All items must be submitted to the designer at
Patric.LeBeau @perkinswill.com on or March 3,2014. Identification of acceptable alternates will be conveyed via
addendum. please use the form titled"REQUEST FOR SUBSTITUTION"
13. Donated/discounted Products
Due to the importance of this project to the community that surrounds it,several suppliers have agreed to either
donate certain items,or offer additional discounts. The contact information for these products is provided in the bid
specification. Please note,this in no way limits the bidders ability to submit alternate products as detailed in item
12 above.
14. Minority Contractor resources
The North Carolina Office of Historically Underutilized Businesses provides a great resource for identifying potential
HUB certified contractors. Their searchable website can be accessed at
http://www.doa.nc.goy/hub/searchhub.aspx
15. Permitting fees
All permit fees will be waived for this project and shall not be included in the bid amount. Contractor responsible
for obtaining all permits
16. Misc
Successful contractor will receive 5 sets of printed plans and specifications. Electronic copies of the bid documents
are available at the county's website www.orangecountync.aov/purchasing under"current bids". Please send an
email from the space provided on the website to notify us that you have downloaded the bid and to be added to th
17. E-Verify
Attachment#1
HB786 imposes E-Verify requirements on contractors who enter into certain contracts with state agencies and local
governments. The legislation specifically prohibits governmental units from entering into certain contracts"unless
the contractor and the contractor's subcontractors comply with the requirements of Article 2 of Chapter 64 of the
General Statutes." (Article 2 of Chapter 64 establishes North Carolina's E-Verify requirements for private
employers). It is important to note that the verification requirement applies to subcontractors as well as
contractors.The new laws specifically prohibit governmental units from entering into contracts with contractors
who have not(or their subs have not)complied with E-Verify requirements. Complete the attached affidavit,and
include it with your submittal.
18. Contract Period and Liquidated Damages
This project has a 120 day contract period(notice to proceed through certificate of occupancy)and a$150 per day in
liquidated damages. Also,$150 per day in liquidated damages shall be assessed should the final completion(signed
final punchlist) not be executed by the Owner no later than 30 days from C/O.
Attachment#1
1
GENERAL CONDITIONS
Table of Contents Page
Article1. Definitions......................................................................................................................3
Article 2. Correlation, Interpretation, and Intent of Contract Documents.....................................7
Article 3. Familiarity with Work, Conditions and Laws..................................................................8
Article4. Bonds............................................................................................................................9
Article 5. Insurance and Indemnity ..............................................................................................9
Article 6. Other Record Documents and Submittals...................................................................16
Article7. Contractor....................................................................................................................18
Article8. Owner.........................................................................................................................26
Article 9. Construction Manager................................................................................................26
Article10. Designer...................................................................................................................26
Article 11. Testing and Surveying..............................................................................................27
Article 12. Separate Contracts...................................................................................................27
Article13. Contract Time ..........................................................................................................28
Article 14. Changes in the Work ...............................................................................................31
Article 15. Change of the Contract Price ..................................................................................33
Article 16. Unforeseen Conditions.............................................................................................35
Article 17. Correction of Work before Final Payment ...............................................................35
Article 18. Correction of Work after Substantial Completion; Warranties and Guaranties........36
Article 19. Owner's Right to Do Work .......................................................................................37
Article 20. Partial Payments .....................................................................................................37
Article21. Final Payment..........................................................................................................39
Article 22. Contractor, Subcontractor and Supplier Affidavit ....................................................41
Article 23.Assignments and Subcontracts................................................................................41
Revised 9H3
Attachment#1
2
Article 24. Measurements.........................................................................................................41
Article 25. Contractor and Subcontractor Relationships...........................................................41
Article 26. Use of Premises .....................................................................................................42
Article 27. Cutting, Patching and Fitting ..................................................................................42
Article28. Dispute Resolution .................................................................................................42
Article29. Taxes......................................................................................................................43
Article 30. Operation of Owner's Facilities...............................................................................43
Article 31. Third Party Beneficiary Clause...............................................................................44
Article 32. Measurement of Quantities ....................................................................................44
Article 33. Termination by the Owner for Cause .....................................................................44
Article 34. Termination or Suspension by the Owner for Convenience...................................45
Article 35. Minority Business Enterprise Program.......................................................46
Article36 E-Verify...............................................................................................46
Article37. General...................................................................................................................46
Revised 9/13
Attachment#1
3
ARTICLE 1. DEFINITIONS
1.1 Agreement-The Construction Contract, 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— Use of the Project by the Owner after Substantial Completion, but
prior to Final Completion..
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 Contract. 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 Contract—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 Contract, 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 addition, deletion, or revision in the Work subject to adjustment of
the Contract Price and/orContract Time under the procedures described herein.
1.9 Construction Manager(s)-The person(s)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 and
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.
Revised 9/13
Attachment#1
4
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.Time of completion as specified therein is of the
essence.The time used and referred to on the Project will be that time which is observed in
Raleigh, North Carolina, being Eastern Daylight Savings Time (EDT), Eastern Standard Time
(EST), or other as designated by the Designer.
1.14 Contractor-The Contractor shall be that parry identified as such in the Contract
Documents.
1.15 Days- Unless otherwise indicated,the term"days" shall mean consecutive calendar days.
1.16 Daylight Hours-The hours or portions of hours between sunrise and sunset local time.
1.17 Designer(s)—The person or firm designated as the Designer in the Contract Documents,
or their authorized representatives. The Designer(s), as referred to herein, shall mean architect,
landscape architect, and/or engineer. They will be referred to hereinafter as if each were of the
singular number and masculine gender. On projects for which there is no Designer designated
references to approvals or authorizations of or by the Designer shall be interpreted to refer to
approvals or authorizations of Owner or Owner's designee.
1.18 Drawings-The Drawings are the graphic and pictorial portions of the Contract Documents,
wherever located and whenever issued, showing the design, location, and dimensions of the
Work, and generally including plans, elevations, sections, details, schedules and diagrams. A
list of the Drawings is contained in the Contract Documents.
1.19 Field Order-A written order issued by the Designer which clarifies or interprets the
Contract Documents or orders minor changes in the Work in accordance with the Contract
Documents. See paragraph 14.2.
1.20 Final Completion -The point at which the Contractor has completed the Work, with the
exception of guaranty and warranty obligations and as determined by the Designer and
becomes entitled to final payment upon the recommendation of the Designer and determination
by the Owner.
1.21 The words"furnish," "furnish and install," "install," and "provide" or words with similar
meanings shall be interpreted, unless otherwise stated, to mean furnish and install complete, in
place and ready for service.
1.22 Liquidated Damages—See paragraph 13.18 of these General Conditions.
1.23 Modification-(A) a written amendment to the Contract Documents signed by the Owner
and the Contractor and identified therein as such, (B) a Change Order, (C) Construction
Change Directive, or(D) a Field Order. A Modification may only be issued after execution of the
Agreement.
1.24 Notice of Award -The written notice by the Owner to the Contractor that the Contractor is
the successful Bidder and that upon compliance with the conditions precedent to be fulfilled by
Revised 9113
Attachment#1
5
the Contractor within the time specified, the Owner will execute and deliver the Agreement to
him.
1.25 Notice to Proceed -See paragraph 13.3.
1.26 Owner-The Owner is the person designated as such in the Agreement.
1.27 Owner's Authorized Representative-A person, or persons, employed by the Owner and
designated from time to time by written notice to the Contractor to administer the Contract
Documents, and to observe and monitor the Work on behalf,of the Owner with authority and
responsibility as herein specified.
1.28 Notice-The term"notice"or"written notice"as used herein shall mean and include all
written notices, demands, instructions, and claims approvals and disapprovals furnished by the
Owner or the Designer to obtain compliance with the requirements of the Contract Documents,
as well as all written notices, demands, instructions and claims furnished by the Contractor as
required by the Contract Documents.Where notice is required under the terms of the Contract
Documents written notice shall always be required, and oral or"constructive" notice shall be
insufficient and ineffective as notice. Email or other electronic delivery shall be insufficient and
ineffective as notice unless specifically allowed by the Supplementary Conditions or a
Modification to the Agreement.Written notice shall be deemed to have been duly served on the
date that it is delivered in person to the individual or to a member of the firm, to an officer of the
corporation for whom it is intended, to an authorized representative of such individual, firm, or
corporation, or on the date that it is mailed by registered or certified mail, return receipt
requested, addressed to the last business address of such individual, firm, or corporation known
to the person giving the notice. Written notice may also be given by facsimile transmission,
provided that proof of delivery is obtained. In the case of delivery in person, such delivery shall
not be effective unless and until a written and signed receipt showing the date and time of
delivery is obtained.
1.29 Project-The total construction of which the Work performed under the Contract
Documents may be the whole or a part.
1.30 Project Expediter—As used herein, is an entity stated in the Contract Documents,
designated to effectively facilitate scheduling and coordination of Work activities. For the
purpose of a single prime contract, the single prime contractor is designated as the Project
Expediter. For the purpose of a project involving separate prime contracts,the Contractor
for general work shall be designated as the Project Expediter unless otherwise indicated in
the Supplementary General Conditions. See paragraph 7.27.
1.31 Project Manager-That person designated by the Contractor in accordance with paragraph
7.2 who shall be in general charge of the Work and its performance and who shall have the
authority set forth in the last sentence of paragraph 7.2.
1.32 Request for Information -A written communication from the Contractor to the Designer for
any interpretation of, or information needed, required, or desired under the Contract Documents.
The Owner reserves the right to determine the reasonable format and contents required for a
Request for Information. In any Request for Information, the Contractor shall state a reasonable
date by which a response is necessary in order to avoid delay in progress on the Work and shall
Revised 9113
Attachment#1
6
make such request sufficiently in advance of such date as to avoid any such delay. The
Designer shall respond in writing to the Request for Information by the date stated by the
Contractor unless he cannot reasonably do so, in which case he shall prior to that date notify
the Contractor of the date by which he can reasonably respond. The Contractor shall not be
entitled to any additional time for the completion of the Work or any portion thereof by reason of
the Designer's failure to respond if he has not submitted his Request for Information sufficiently
in advance to allow the Designer a reasonable time within which to respond.
1.33 Request for Payment-The form, in the form of AIA Document G702 (latest ed.) or other
published document approved by Owner, which is to be used by the Contractor in requesting
progress payments and which is to include a Schedule of Values as required by the Contract
Documents and an affidavit of the Contractor that progress payments theretofore received from
the Owner on account of the Work have been applied by the Contractor to discharge in full all
the Contractor's obligations incurred in connection with Work covered by all prior applications for
payment. See paragraph 20.2.
1.34 Resident Superintendent-That person designated by the Contractor in accordance with
paragraph 7.2 who has day-to-day responsibility for the prosecution of the Work and the
obtaining of proper materials and equipment, and adequate labor and who shall have the
authority set forth in the last sentence of paragraph 7.2.
1.35 Schedule of Values-Any breakdown of the Contract Price which may be required by the
Contract Documents, and designated as such. See paragraph 20.1.
1.36 Specifications-That portion of the Contract Documents consisting generally of the written
requirements for materials, equipment, construction systems, standards, and workmanship for
the Work and performance of related services.
1.37 Subcontractor-A person,firm, or corporation who has entered into a direct contract with
the Contractor to perform any of the Work at the Project.
1.38 Submittal- Shop drawings, product data, samples, and other documents required by the
Contract Documents to be submitted by the Contractor to the Designer.
1.39 Submittal Register-See paragraph 13.2 of these General Conditions.
1.40 Substantial Completion-The point at which the Work, and Work by other Contractors on or
in connection with the Project, as determined by the Designer, is sufficiently complete in
accordance with the Contract Documents that it can be beneficially occupied by the Owner, and
the Work can be utilized by the Owner for its intended use, and all necessary permits and
permissions for Beneficial Occupancy and utilization having been obtained by the Contractor. All
operations and maintenance manuals, Owner training, and as-built drawings must be submitted
prior to Substantial Completion being achieved.
1.41 Sub-subcontractor-A person or entity that has a direct or indirect contract with a
Subcontractor to perform any of the Work at the Project.
Revised 9/13
Attachment#1
7
1.42 Work-The construction and services required by the Contract Documents, including all
labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill
the Contractor's obligations.
1.43 All references in the Contract Documents to the masculine shall be interpreted as including
the feminine or neuter and all references in the Contract Documents to the singular or the plural
shall be interpreted as including the other, as may be appropriate in the reasonable
interpretation of the Contract Documents.
ARTICLE 2. CORRELATION, INTERPRETATION AND INTENT OF CONTRACT
DOCUMENTS
2.1 It is the intent of the Specifications and Drawings and other Contract Documents to describe
a complete Project in accordance with the Contract Documents.
2.2 The Contract Documents are complementary;what is called for by one is as binding as if
called for by all. If the Contractor finds a conflict, error or discrepancy in the Contract
Documents, the Contractor shall notify the Designer in writing before proceeding with the Work
affected thereby. In resolving such conflicts, errors and discrepancies, the Contract Documents
shall be given preference in the following order: Construction Contract, Modifications, Addenda,
General Conditions, Specifications, and Drawings. Figure dimensions on Drawings shall govern
over scale dimensions, and detailed Drawings shall govern over general Drawings. Any Work
that may reasonably be inferred from the Contract Documents as being required to produce the
intended result shall be supplied whether or not it is specifically called for. Work, materials or
equipment described in words which, so applied, have a well-known technical trade meaning
shall be deemed to refer to such meaning and to incorporate any recognized standards which
are a part of such meaning if not otherwise defined within the Contract Documents.
2.3 Miscellaneous items, accessories and work which are not specifically mentioned, but which
are essential to produce a complete and properly operating installation, or useable structure or
plant providing the indicated function shall be furnished and installed without change in the
Contract Price. Such miscellaneous items and accessories shall be of the same quality
standards, including material, style, finish, strength, class, weight and other applicable
characteristics, as specified for the major component of which the miscellaneous item or
accessory is an essential part, and shall be approved by the Designer before installation. This
requirement is not intended to include major components not covered by or inferable from the
Contract Documents.
2.4 The Work of all trades under the Contract Documents shall be coordinated by the Contractor
in such a manner as to obtain the best workmanship possible for the entire Project and all
components of the Work shall be installed or erected in accordance with the best practices of
the particular trade.
2.5 The Contractor shall fully complete the Work and shall be responsible for all of the Work
under the Contract Documents to which the Construction Contract applies. If the Contractor is
prevented from doing so by any limitation of the Contract Documents, the Contractor shall
immediately give notice thereof to the Designer and the Owner in writing.
Revised 9/13 "
Attachment#1
8
2.6 Standard specifications or manufacturers' literature, when referenced, shall be of the latest
revision or printing unless otherwise stated and is intended to establish the minimum
requirements acceptable.
2.7 For those materials specified without the use of brand names, the Contractor shall submit
within thirty(30)days after his receiving the Construction Contract for signatures, any product
that meets the express requirements of the Specifications. Such Submittal shall include
manufacturer's data, test reports, performance data and certifications, samples, erection details,
and other applicable information as required to permit determination by the Designer whether
such proposed products are suitable. The Designer shall be the sole judge as to the suitability of
any proposed product. The burden of proof of quality rests with the Contractor.
2.8 The Contractor is required to examine and read the complete set of Contract Documents for
information concerning the Work, because some of the Work for which the Contractor will be
responsible may be indicated on or in documentation applying primarily to the Work of one or
more other separate prime contractors. No allowance will be made for the Contractor's failure to
become familiar with the complete set of project documents.
2.9 Contractor's requests for clarification or information shall clearly define the cause(s)of
Contractor's request and, as appropriate, shall include Contractor's interpretation and
Contractor's proposed solution.
ARTICLE 3. FAMILIARITY WITH WORK, CONDITIONS AND LAWS
3.1 The Contractor has investigated prior to bidding and is satisfied with all conditions affecting
the Work, including but not restricted to those bearing upon transportation, disposal, handling
and storage of materials, availability of labor, water, electrical power, roads and uncertainties of
weather, or similar physical conditions at the Project site, and the character of equipment and
facilities needed prior to and during prosecution of the Work. The Contractor is satisfied as to
the character, quality and quantity of surface and subsurface materials or obstacles to be
encountered insofar as this information is reasonably ascertainable from inspection of the
Project site, including all exploratory work done by the Owner, as well as from information
presented by the Contract Documents, or any other information made available to the
Contractor prior to receipt of bids.Any failure by the Contractor to become acquainted with the
available information shall not relieve the Contractor from the responsibility for estimating
properly the difficulty or cost of successfully performing the Work.
3.2 The Contractor shall be entitled to make all inferences from the Contract Documents that
would reasonably be made by a contractor having knowledge and experience with similar work;
however, the Contractor shall not be entitled to infer from the Contract Documents any fact or
condition which would not be inferred by a contractor having knowledge and experience with
similar work and the Contractor shall be required to obtain independently such other information
as a knowledgeable and experienced contractor would prudently obtain in order to evaluate any
such condition.
3.3 The Contractor specifically acknowledges familiarity with all Federal, State, and local laws,
ordinances, rules, and regulations which may in any manner affect those engaged or employed
in the Work, or the materials or equipment in or about the Work, or in any way affect the conduct
of the Work and agrees that the Contractor and the Contractor's employees, subcontractors,
Revised 9/13
Attachment#1
9
and suppliers will, at all times, comply with same. If the Contractor shall discover any provisions
in the Contract Documents which are contrary to or inconsistent with any such law, ordinance,
rule, or regulation, the Contractor shall immediately give notice thereof to the Designer and the
Owner in writing, identifying any items of Work affected, and the Contractor shall not proceed
until the Contractor has received written direction from the Designer with respect to these items.
If the Contractor performs contrary to or inconsistently with any such law, ordinance, rule, or
regulation without such written direction, the Contractor shall bear all costs which are a
consequence of such performance.
3.4 At times selected by the Designer after execution by the Contractor of the Construction
Agreement, a pre-construction conference shall be scheduled and conducted for the benefit of
the Project.
ARTICLE 4. BONDS
4.1 A performance bond in the full amount of the Contract Price shall be required of the
Contractor to guarantee the faithful performance of the Work in compliance with the Contract
Documents, in such form as may be required by law and approved by the Owner. The bond
shall be dated the same date as the Construction Contract and must be accompanied by a
current copy of the power of attorney for the attorney-in-fact executing such bond on behalf of a
surety company licensed to do business in the state of North Carolina.
4.2 A payment bond in the full amount of the Contract Price shall be required of the Contractor
to guarantee the payment of all labor and material costs or claims in connection with compliance
with the Contract. The payment bond shall be in such form as may be required by law and
approved by the Owner. Said bond shall be dated and executed in the same manner as the
performance bond in paragraph 4.1.
ARTICLE 5. INSURANCE AND INDEMNITY
5.1 CONTRACTOR PROVIDED INSURANCE
The Contractor shall, without limiting its obligations or liabilities, procure, pay for and maintain
such insurance as is required by law and as is required by this Agreement to protect the
Contractor and the Owner from claims for damages for bodily injury, including death, and from
claims for property damage which may arise from the Contractor's or its representatives',
consultants', Subcontractors', agents', or employees' operations under this Agreement. Such
insurance shall be of the kinds and have limits of liability and coverages not less than the
minimum limits hereinafter specified or required by law, whichever is greater. The Owner makes
no representation as to the adequacy or sufficiency of such coverages.
The following requirements shall in no way be construed to limit or eliminate the liability of the
Contractor,which arises from performance of Work under the Agreement. The Contractor is
strictly responsible for any losses, claims, and costs of any kind which exceed the Contractor's
limits of liability, or which may be outside the coverage scope of the policies. The insurance
specified shall be provided by an insurer approved by the Owner, authorized to do such
business in the State of North Carolina, and on terms approved by the Owner. Insurance
companies utilized shall have a minimum rating of A-and Class VII as evaluated by the most
current A.M. Best Rating Guide. If the insurer has a Best Rating less than A-and Class VII,the
Revised 9113
Attachment#1
10
Contractor must receive specific written approval from the Owner prior to proceeding with any
Work under the Agreement.
All agents and brokers shall hold valid licenses from the State of North Carolina. Before
commencing mobilization to the Project site and not later than 7 days after the receipt of the
Construction Contract by the Contractor for signatures, the Contractor shall furnish to the Owner
a certificate or certificates of insurance in a form satisfactory to the Owner. Upon request of the
Owner, the Contractor shall provide the Owner with certified copies of the insurance policies
required by this Article, including without limitation declaration pages, conditions, exclusions and
endorsements, and confirmation that each policy premium has been paid for the required term
of this Agreement. A copy of the umbrella policy shall be provided to the Orange County Risk
Manager. Certificates shall be signed by a person authorized by that insurer to bind coverage
on its behalf. All insurance policies shall provide, as evidenced by Certificates of Insurance, that
the insurance shall not be canceled, reduced, restricted, or changed in any way without at least
30 days prior written notice to the Owner.
With regard to expiration, cancellation, reduction, restriction, or any other change, certificates
shall state: "Should any of the following described policies be canceled before expiration date or
be due to expire within 30 days, the insurer shall mail 30 days prior written notice to named
certificate holder." In the event of any such cancellation, non-renewal, reduction, restriction, or
change in any insurance, the Contractor is obligated to replace such insurance within 7 days
without a gap in coverage and file accordingly such notice with the Owner, and other interested
parties. Failing immediate receipt of evidence of such replacement of insurance the Owner
reserves the right to procure such insurance as the Owner considers desirable and the
Contractor shall pay or reimburse the cost of the premium in respect thereof. it is expressly
provided, however, that any action or inaction on the part of the Owner in this respect shall in no
way change or reduce the Contractor's responsibilities and liabilities under this Agreement.
Self-funded, policy fronting, or other non-risk transfer insurance mechanisms are not acceptable
without prior written approval of the Owner. Full disclosure of such a program must be made
prior to commencing mobilization to the Project site. Failure to make a full disclosure constitutes
a material breach of the Agreement,justifying termination for default.
The Contractor shall name the Owner, the Designer, the Designer's consultants, and the
Construction Manager as additional insureds under all its insurance contracts(except workers'
compensation)with respect to and including without limitation liability arising out of activities
performed by or on behalf of the Contractor, products and completed operations of the
Contractor, and automobiles owned, hired, leased, or borrowed by the Contractor. The
coverage shall contain no special limitations on the scope of protection afforded to additional
insureds.
For any claims related to this Project, the Contractor's insurance or self-insurance shall be
primary and noncontributory with respect to the Owner's insurance. Any insurance or self-
insurance maintained by the Owner shall be excess and noncontributory with respect to the
Contractor's insurance. All policies of insurance shall contain a clause waiving rights of
subrogation against the Owner, unless the Owner approves otherwise in writing. Limits of
coverage are not to be amended by deductible clauses of any nature without the express written
consent of the Owner.
Revised 9/13
Attachment#1
11
The Contractor shall be solely responsible for any deductible assumptions that may exist in any
insurance policies required under this Agreement. In addition,the Contractor shall be
responsible and shall not be reimbursed for any losses arising from any risk or exposure not
insured as required herein, or not covered as a result of a normal policy exclusion or that falls
within the self-insured retention, if Contractor self-insured. The Contractor's insurance shall
apply separately to each insured against whom claim is made or suit is brought, except with
respect to the limits of the insurer's liability. The claim provisions in the Contractor's insurance
policies must specifically state the insurance company or Contractor's Third Party Administrator,
if self-insured, has both the right and duty to adjust a claim and provide defense. The policies
shall not contain any provision or definition which would serve to exclude or eliminate from
coverage third party claims, including exclusions of claims for bodily or other injury to
shareholders, partners, officers, directors, or employees of the insured, the premises owner,
real estate manager, or the insured's Subcontractor, or any family relative of such persons.
If the policies contain any warranty stating that coverage is null and void (or words to that effect)
if the Contractor does not comply with the most stringent regulations governing the Work, it shall
be modified so that coverage shall be afforded in all cases except for the Contractor's willful or
intentional noncompliance with applicable government regulations. Any failure by any person to
comply with reporting or other provisions of the policy including breach of warranties, shall not
affect coverage provided to the Owner and its representatives, officials, and employees. The
insolvency or bankruptcy of the Insured or of the Insured's estate shall not relieve the insurance
companies of their obligations under these policies. Any clauses to the contrary are
unacceptable and must be stricken. Failure to comply with these requirements shall be a
material breach of this Agreement justifying termination for default.
5.1.1 Worker's Compensation and Employers' Liability Insurance
The Contractor and its Subcontractors shall procure and maintain Workers'Compensation
Insurance in the amount and type required by the State of North Carolina and federal law for all
employees employed under the Agreement who may come within the protection of Workers'
Compensation Laws and covering all operations under the Agreement whether performed by
the Contractor or by his Subcontractors. In jurisdictions not providing complete Workers'
Compensation protection,the Contractor and his Subcontractors shall maintain employers'
liability insurance in an amount, form, company, and agency satisfactory to the State of North
Carolina and the Owner for the benefit of all employees not protected by Workers'
Compensation Laws and covering all operations under the Agreement whether performed by
the Contractor or by his Subcontractors.
The Contractor shall pay such assessments as will protect the Contractor and the Owner from
claims under the Workers' Compensation Laws,workers'or workmen's compensation disability
benefits, and other similar employee benefit acts. The current Experience Modification Factor
shall be indicated on the Certificate of Insurance. Coverage under this section shall be as
required by federal and state Workers' Compensation and Occupational Disease Statutes, and
shall have minimum limits as follows:
Coverage A: Statutory, State of North Carolina
Employers' Liability: Each Accident $1,000,000
Disease- Policy Limit$1,000,000
Disease-Each Employee$1,000,000
Such insurance shall include Voluntary Compensation coverage, a Waiver of Subrogation
Revised 9/13
Attachment#1
12
in favor of the Owner as well as other endorsements that may be required by applicable
jurisdictions.
5.1.2 Automobile Liability Insurance
The Contractor shall procure and maintain automobile insurance against liability for bodily injury
and property damage as described below, that may arise with respect to the Work being
performed under the Agreement, and as will provide protection from claims which may arise out
of or result from the Contractor's performance of the Work and the Contractor's other obligations
under the Agreement, whether such performance of the Work is by the Contractor, by any
representative or Subcontractor, by anyone, both officially and personally, directly or indirectly
employed by any of them, or by anyone for whose acts any of them may be liable.
This policy of insurance shall carry the following minimum Limit of Liability: Combined Single
Limit$1,000,000.
The policy of insurance shall contain or be endorsed to include the following:
a) owned, hired, and non-owned automobile liability.
b) If the policy contains a warranty stating that coverage is null and void (or words to that effect)
if the transporter does not comply with the most stringent regulations governing the Work, it
shall be modified so that coverage shall be afforded in all cases except for the transporter's
willful or intentional noncompliance with applicable government regulations.
Any failure by any party to comply with reporting or other provisions of the policy including
breach of warranties, shall not affect coverage provided to the Owner and its representatives,
officials, and employees. No subcontracting of waste hauling shall be permitted without prior,
written approval of the Owner.
5.1.3 General Liability
This policy must be written on an Occurrence basis,with the following minimum Limits of
Liability:
General Aggregate per project$2,000,000.00
Products/Completed Operations Aggregate $2,000,000.00
Bodily Injury and Property Damage csl/each occurrence$1,000,000.00
Personal Injury and Advertising Injury $2,000,000.00
The policy of insurance shall contain or be endorsed to include the following:
a) Blanket Contractual Liability covering Contractor's indemnification obligations under this
Agreement, in accordance with ISO policy form CG 00 01. Modifications to the standard
provision will not be acceptable if they serve to reduce coverage.
b) Premises/Operations Liability.
c) Explosion, collapse, and underground fault.
d) Independent Contractors and Independent Subcontractors coverage.
e) Broad Form Property Damage.
Revised 9/13
Attachment#1
13
f) Personal Injury
g)Cross Liability/Severability of Interest clause.
h) Employer's Stop-Gap Liability endorsement, if applicable.
i)Amendment of the Pollution Exclusion Endorsement to allow coverage for bodily injury or
property damage caused by heat, smoke, or fumes from a hostile fire.
j) Designated General Aggregate Limit Endorsement if required by the Contract Documents.
Coverage shall remain continuously in effect and without interruption for at least 6 years from
the date of the Notice of Award and shall include coverage for exposures arising from
operations that have been completed. The Contractor shall furnish the Owner and each other
additional insured listed in the Agreement to whom the Certificates have been issued, evidence
satisfactory to the Owner of continuation of such insurance at the date of Preliminary
Acceptance and each year thereafter.
5.1.4 Pollution Legal Liability(PLL)
Pollution Legal Liability coverage will be provided if required by the Supplementary General
Conditions.
5.1.5 Umbrella Liability
The Contractor shall maintain an occurrence basis(as distinguished from a "claims made"
basis) Umbrella Liability policy(true follow form)over the underlying General Liability,
Automobile Liability, and Employer's Liability, with the following limits of liability: Each
Occurrence$3,000,000, Aggregate $3,000,000.
On a fully insured basis such coverage will be subject to a deductible no greater than
$10,000 per occurrence where coverage is not provided by the underlying insurance, but is
provided by the Umbrella Liability policy.
The Contractor may use any combination of primary and umbrella insurance policies to comply
with the insurance requirements, provided the resulting insurance is equivalent to the insurance
stated herein.
All Occupational Disease exclusions must be deleted.Any Pollution Exclusion must be
amended to allow coverage for bodily injury or property damage caused by spill, upset,
overturn, heat, smoke, or fumes from a hostile fire.
5.1.6 Property Insurance
The Contractor shall purchase All Risk Property Insurance on a Completed Value Form in the
names of the Owner, Contractor, Subcontractors, and sub-subcontractors as their interests may
appear with limits as follows:
a) Full insurance value of the Work, or
b)Amount equal to the Contract Price for the Work, whichever is higher.
Revised 9/13
Attachment#1
14
The Contractor is responsible for all physical damage to owned or rented machinery, tools,
equipment,forms, and other items owned, rented or used by the Contractor and/or
Subcontractor(s) in the performance of the Work. The insurance coverage evidencing such shall
include a waiver of subrogation in favor of the Owner.
5.1.7 Valuable Papers and Records
The Contractor shall provide valuable papers and records insurance with coverage in an
amount commensurate with project scope and set forth in the Supplementary General
Conditions.
5.1.8 Claims
The Contractor shall notify the Owner within 24 hours of any claims or alleged claims received
by the Contractor covered by any of the policies of insurance required in this Agreement.The
Contractor shall provide a written copy of the claim or alleged claim to the Owner within 3 days
of the Contractor's receipt of the claim or alleged claim. If a claim is settled to the satisfaction of
the claimant, the Contractor shall submit a copy of the claimant's release to the Owner. If a
claim or alleged claim is rejected by the Contractor and/or its insurance company, the
Contractor shall immediately report this fact to the Owner.
Should 30 days elapse after the claim or alleged claim has been received by the Contractor,
and the Contractor is not able to report a settlement or rejection of the claim, it shall report to the
Owner the steps being taken with respect to the claim. Without limiting the foregoing, the
Contractor shall notify in writing the county risk manager of any paid or incurred claims which
may impair annual aggregate or general liability.
5.1.9 Deductibles and Self-insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the Owner. At
the option of the Owner, either: a)the insurer shall reduce to a maximum of$250,000 or
eliminate such deductibles or self-insured retentions with respect to the Owner, or(b)the
Contractor shall provide evidence of collateral provided to insurers or procure a bond
guaranteeing payment of losses and related investigations, claim administration, and defense
expenses within the deductible or self-insured retention amount. Any self-insured retention or
deductible amount on the policy shall not reduce the amount of collectible limits or liability.
5.1.10 Subcontractors
The Contractor shall include all Subcontractors as Insureds under its policies, or shall furnish
separate certificates, policies, and endorsements for each Subcontractor the Contractor intends
to use. If a Subcontractor does not take out insurance in his own name and the Contractor
wishes to provide insurance protection for such Subcontractor and such Subcontractor's
employees, the Contractor shall either(a) procure appropriate policies in the name of the
Subcontractor, or(b)cause a rider or riders to be attached to the Contractor's policies which
shall identify the Subcontractor thereby covered; provided, however, in the case of the latter
option, such a rider need not be attached to the Contractor's workers'compensation policy if
such policy by its terms is sufficiently broad to cover the employees of all Subcontractors
performing Work under the Contract Documents. Except as otherwise approved by the Owner in
writing, Limits of Liability and coverage scope must be at a minimum as stringent as required of
the Contractor by the Contract Documents. All Work performed for the Contractor by any
Subcontractor shall be pursuant to an appropriate agreement between the Contractor and the
Revised 9/13
Attachment#1
15
Subcontractor which shall contain provisions that waive all rights the contracting parties may
have against one another for damages caused by fire or other perils covered by insurance as
provided herein. Insurance monies received from any loss shall be divided as the respective
interest of the parties affected shall appear.
5.2 OWNER CONTROLLED PROJECT SPECIFIC INSURANCE
In the event the Owner elects to purchase project-specific insurance affording coverage to the
Contractor and Subcontractors, the terms and conditions of such coverage shall be set forth in
the Supplementary Conditions.
5.3 CONTRACTOR AS JOINT VENTURE
If the Contractor is completing this Project on a joint venture basis, both joint venture partners
retain all liabilities assumed by this Agreement, individually and collectively. This may include,
but is not limited to, all premiums due, deductibles/self-insured retentions, coinsurance
provisions, claim provisions, insurance policy conditions, and indemnification provisions
hereunder.
Evidence of a Blanket Joint Venture Endorsement must be obtained from the General Liability
and Contractor's Pollution Legal Liability carriers of each joint venture partner for a period of 6
years after completion of the Project, substantially as follows: With respect to"your work",
and the"products-completed operations hazard",you are an insured for your liability
arising out of the conduct of any partnership or joint venture of which you were a partner
or member, even though this partnership or joint venture is not shown as a Named
Insured in the Declarations.This coverage is excess over any available liability
purchased specifically to insure the partnership or joint venture.This coverage will not
inure to the benefit of any other party except you."
5.4 INDEMNIFICATION
The Contractor,to the fullest extent not expressly prohibited by law, shall defend, indemnify,
and save harmless the Owner, the Designer, the Construction Manager and their respective
officials; officers, employees, and agents from and against any and all liabilities(foreseeable or
unforeseeable), penalties, fines, liens,forfeitures, demands, claims, causes of actions, suits,
judgments, and costs and expenses incidental thereto, (including, without limitation, amounts
paid pursuant to investigations, defense or settlements, and reasonable attorneys'fees), which
any or all of them may hereafter suffer, incur, be responsible for, or pay out as a result of but not
limited to:
a) bodily injury (including sickness, disease, or death)to any person including but not limited to,
the Contractor's employees or its representatives while on the site of the Project; or
b)actual or alleged damage(including loss of use)to any property (public or private, including
the Project or other property on the Project site); or
c) contamination of or adverse effects on the environment arising directly or indirectly out of or
in connection with the performance of the Work, including but not limited to any hazardous or
toxic waste, substance, or constituent of any substance subject to regulation under CERCLA,
RCRA, TSCA, and other Federal and state authorities that is spilled, released, threatening to
release, or disposed of or destroyed by the Contractor or its Subcontractors on or off the site of
the Project or while in transport to or from the site; or
Revised 9/13
Attachment#1
16
d) any violation or alleged violation of laws and regulations, arising out of or in any way
connected with the Work, caused in whole or in part by the Contractor, any Subcontractor or
supplier or any representatives of the Contractor. The Contractor shall not be required to
indemnify the Owner against losses resulting from a breach of this Agreement by the Owner or
its other agents and contractors, or resulting from negligence, misconduct or violation of laws on
the part of the Owner or its other agents and contractors.
e) upon completion of the Work the Contractor shall execute an affidavit, indemnification, and
release stating there are no unpaid debts for any work that has been done or materials that
have been furnished to the Project prior to and as of the date of substantial completion and
further stating that Contractor shall indemnify, save and protect Owner and Owner's lender, if
any, harmless from and against any and all claims, liabilities, liens, losses, damages, causes of
action, and expenses(including court costs and reasonable attorney's fees related thereto)
arising out of, in connection with, or resulting from any such claims, liabilities, liens, losses,
damages, causes of action, or expenses. Such affidavit, indemnification, and release shall be in
a form and substance acceptable to Owner. By executing this Agreement Contractor
acknowledges the receipt of adequate consideration in return for said release.
The Contractor further agrees to obtain, maintain, and pay for such liability insurance coverages
and endorsements as will insure the provisions of this paragraph 5.4. Furthermore,the
Contractor agrees to be liable for and to indemnify and reimburse the Owner for all legal fees
and disbursements paid or incurred to enforce the provisions of this paragraph.The
indemnification obligations under this paragraph shall not be limited in any way by the amount
or type of damages, compensation or benefits payable under worker's compensation acts,
disability benefit acts, other employment benefit acts, or the amount of insurance carried or
recovered.
The Owner acknowledges that hazardous or toxic waste, material, chemicals, compounds or
substances, or other environmental hazards, contamination or pollution, (referred to hereinafter
as"environmental hazards") may be present at the Project site that were not created,
generated, or released at the Project site by the Contractor or its Subcontractors, agents or
employees, acting alone or in concert with others. Unless the remediation, abatement or
handling of such environmental hazards is part of the scope of the Work under this Agreement,
then upon the discovery of such environmental hazards, the Contractor shall immediately, and
in no event more than three days later, give notice to the Owner of the environmental hazards
before they are disturbed. The Owner and the Designer shall thereupon promptly investigate the
environmental hazards, and make such changes in the Drawings and/or Specifications as they
may find necessary to abate, remediate, isolate or handle the environmental hazards. Any
increase or decrease in the Contract Price or the Contract Time resulting from such changes
shall be adjusted in the manner provided herein for adjustments as to extra and/or additional
Work and changes. It is agreed that the Contractor shall have no liability under this Agreement
for any environmental hazards existing prior to the date that Work commences under this
Agreement unless the Contractor or its Subcontractors, agents or employees, acting alone or in
concert with others, by their own negligence or misconduct, release or expose the Owner or
third parties to the environmental hazards. The provisions of this paragraph shall survive the
termination or cancellation or completion of this Agreement.
5.5 RISK MANAGEMENT POLICY
Revised 9/13
Attachment#1
17
The Orange County Risk Management Policy shall not apply to construction contracts for
amounts over$250,000. The terms of these General Conditions related to insurance shall be
the sole authority governing insurance requirements for such contracts.
ARTICLE 6. OTHER RECORD DOCUMENTS AND SUBMITTALS
6.1 The Designer shall furnish to the Contractor the number of copies of Drawings and
Specifications stated in the Contract Documents. Additional copies of Drawings and
Specifications may be obtained at the cost of reproduction and handling.
6.2 The Contractor shall submit to the Designer all Submittals required by the Contract
Documents. The Contractor shall submit at least three(3) reproducible prints of all shop
drawings. The Contractor shall submit samples in quantities required by the Contract
Documents. The Contractor shall submit product data in at least five (5)copies. All shop
drawings shall be reviewed by the Contractor and shall bear the Contractor's stamp of approval
before being forwarded to the Designer. Submittals shall be submitted in such time as to cause
no delay to the Work or any part thereof and in accordance with the Contract Construction
Schedule and Submittal Register. The Designer shall review the submittal with reasonable
promptness, noting desired corrections, if any. The Designer shall retain two (2) copies of the
submittal and shall return the balance of the reviewed submittal to the Contractor for action.The
Contractor shall furnish any corrected submittal to the Designer.The Designer shall retain two
(2) copies of the corrected submittal and will return the balance of the reviewed submittal to the
Contractor. All substitutions prior to the receipt of bids shall be in accordance with the Contract
Documents. Refer to Instructions to Bidders, Substitutions.
The Contractor acknowledges that the processing of shop drawings and other submittals is
directly impacted by the clarity, completeness, and accuracy of said documents and that it is the
Contractor's responsibility to(i) review and coordinate each submittal with all other related or
affected Work and (ii) approve each submittal before submitting same to the Designer for
approval.
6.3 No substitutions and no deviations from any requirement of the Contract Documents shall
be deemed allowed unless the Contractor has specifically informed the Designer and the Owner
in writing of such deviations at the time of submittal and the Designer and the Owner have given
written and specific approval to the substitutions or deviations. In proposing a deviation or
substitution the Contractor warrants to the Owner, notwithstanding any review, allowance or
approval by the Designer or the Owner that the deviation or substitution is at least equal to or
better in quality and for the purpose intended, and that Contractor shall not by reason of any
such review, allowance or approval be relieved from any obligation or responsibility contained in
the Contract Documents.
6.4 Review of submittal by the Designer shall not be construed as relieving the Contractor from
responsibility for compliance with terms or designs of the Contract Documents nor from
responsibility for errors of any sort in the submittal.
6.5 The Contractor shall keep one record copy marked"As-Built"of all Specifications, Drawings,
Addenda, Modifications, and Submittals at the Project in good order and annotated at least
monthly to show all changes made during the construction process. Such monthly annotations
Revised 9/13
Attachment#1
18
and their approval by the Designer shall be a condition precedent to approval by the Designer of
each monthly Request for Payment. Said record copy shall be stored at the Project and fully
protected from damage by fire or other hazard. This record copy shall be available to the
Designer and Owner for inspection at all times and shall be delivered to the Designer for the
Owner's purposes prior to the Designer's certifying Substantial Completion of the Work.
6.6 At completion of the Project and before Final Payment, the Contractor shall assemble and
deliver to the Owner one complete set of all as-built drawings and one complete set of all
approved submittals, product data, and samples which were reviewed by the Designer. These
drawings and submittals shall be on paper, or in electronic or other media if required by the
Supplementary Conditions. These drawings and submittals shall be categorized and packaged
as directed by the Designer.
ARTICLE 7. CONTRACTOR
7.1 The Contractor shall supervise and direct the Work efficiently and with the Contractor's best
skill and attention. Except as may be set forth specifically in the Contract Documents,the
Contractor shall be solely responsible for the means, methods,techniques, sequences, and
procedures of construction, and for safety precautions and programs in connection with the
Work. The Contractor shall be responsible to see that the finished Work complies accurately
with the Contract Documents.
7.2 The Contractor shall appoint a Project Manager and shall keep on the Project at all times
during its progress a competent Resident Superintendent and necessary assistants who shall
not be replaced without prior written approval by the Owner except under extraordinary
circumstances, in which event immediate written notice shall be given to the Designer and the
Owner. The Project Manager and the Resident Superintendent may be the same person or
different persons. At any time,the Owner, in its sole and absolute discretion, may require the
Contractor to replace the Project Manager or Resident Superintendent with an experienced and
competent person or persons upon seven (7)days written notice from the Owner to the
Contractor. Such replacement shall be at the Contractor's expense and at no cost to the Owner.
Both the Project Manager and the Resident Superintendent shall have authority to act on behalf
of the Contractor, and instructions, directions or notices given to either of them shall be as
binding as if given to the Contractor.
7.3 The Contractor shall provide sufficient competent and suitably qualified personnel,
equipment, and supplies to lay out the Work and perform construction as required by the
Contract Documents. The Contractor will at all times maintain good discipline and order at the
site, and will comply with all applicable OSHA standards.
Any person employed by the Contractor, any Subcontractor, or any sub-subcontractor who, in
the opinion of the Designer or the Owner, does not perform his Work in a proper and skillful
manner or is intemperate or disorderly shall, at the written request of the Owner or Designer, be
removed forthwith by the Contractor, Subcontractor, or sub-subcontractor employing such
person without cost to the Owner, and shall not be employed again in any portion of the Work
without the written approval of the Owner or Designer.
Should the Contractor fail to remove such person or persons or fail to furnish suitable and
sufficient personnel for the proper prosecution of the Work within three (3)days after written
Revised 9/13
Attachment#1
19
order, the Owner may withhold further payment by written notice until compliance with such
order.
7.4 If, in the opinion of the Designer or the Owner, any Subcontractor on the Project is
incompetent or otherwise unsatisfactory, he shall be replaced by the Contractor with no
increase in the Contract Price if and when directed by the Designer or the Owner in writing.
7.5 The Contractor shall furnish all materials, equipment, labor, transportation, construction
equipment and machinery, tools appliances,fuel, light, heat, and all other facilities and
incidentals necessary for the execution, maintenance, initial operation, and completion of the
Work, other than those specifically excluded by the Contract Documents and to be furnished by
the Owner or others. When use or storage of hazardous materials or equipment or methods of
more than ordinary risk are necessary in accomplishing the Work, the Contractor shall give the
Owner and Designer reasonable advance notice.
If any materials are to be furnished or installed by the Owner or others under the terms of the
Contract Documents, said materials shall be made available to the Contractor at the location(s)
specified in the Contract Documents. All costs of handling,transportation from the specified
location to the Project, storage, and installing of Owner-furnished materials shall be included in
the Contract Price. The Contractor shall be responsible for any demurrage, damage, loss, or
other deficiencies which may occur during the Contractor's handling, storage, or use of such
Owner-furnished material. The Owner shall deduct from any monies due or to become due the
Contractor any cost incurred by the Owner in making good any such damage, loss, or efficiency.
All equipment which is proposed to be used in the Work shall be of sufficient size and in such
mechanical condition as to meet the requirements of the Work and produce a satisfactory
quality of work. Equipment used on any portion of the Work shall be such that no injury to
previously completed Work, adjacent property, or existing facilities shall result from its use.
When the methods and equipment to be used by the Contractor accomplishing the Work are not
prescribed in the Contract Documents, the Contractor shall be free to use any methods or
equipment that will accomplish the Work in conformity with the requirements of the Contract
Documents.
When the Contract Documents specify the use of certain methods and equipment, such
methods and equipment shall be used unless others are authorized by the Designer. If the
Contractor desires to use a method or type of equipment other than specified in the Contract
Documents, the Contractor may request authority from the Designer to do so. The request shall
be in writing and shall include a full description of the methods and equipment proposed and of
the reasons for desiring to make the change. If approval is given, it shall be on the condition that
the Contractor shall be fully responsible for producing Work in conformity with the requirements
of the Contract Documents. If, after trial use of the substituted methods or equipment, the
Designer determines that the Work produced does not meet the requirements of the Contract
Documents,the Contractor shall discontinue the use of the substitute method or equipment and
shall complete the remaining Work with the specked methods and equipment at no additional
cost to the Owner.The Contractor shall remove any deficient Work and replace it with Work of
specified quality, or take such other corrective action as the Designer may direct. No change in
the Contract Price or in Contract Time shall be made as a result of authorizing a change in
methods or equipment under this paragraph.
Revised 9/13
Attachment#1
20
7.6 All materials and equipment shall be new, except as otherwise provided in the Contract
Documents.When special makes or grades of material which are normally packaged by the
supplier or manufacturer are specified or approved, such materials shall be delivered to the
Project site in their original packages or containers with seals unbroken and labels intact.
Materials shall be so stored as to assure the preservation of their quantity, quality and fitness for
the Work. Stored materials, even though approved before storage, may again be inspected by
the Designer or Owner prior to their use in the Work and shall meet the requirements of the
Contract Documents at the time they are incorporated into the Work. Stored materials shall be
located so as to facilitate their prompt inspection. The Contractor shall coordinate the storage of
all materials with the Designer and the Owner. Materials to be stored at the Project or on the
Owner's property shall not create an obstruction to the Owner's or other contractor's reasonable
activities. Private property shall not be used for storage purposes without written permission of
the owner or lessee of such property. The Contractor shall make all arrangements and bear all
expenses for the storage of materials on private property. Upon request,the Contractor shall
furnish the Owner a copy of the property owner's permission. All storage sites on private or the
Owner's property shall be restored to their original condition by the Contractor at his entire
expense, except as otherwise agreed to (in writing) by the owner or lessee of the property.
7.7 All materials and equipment shall be applied, installed, connected, erected, used, cleaned
and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, or
processor, except as otherwise provided in the Contract Documents.
7.8 The Contractor will be fully responsible for all acts and omissions of his Subcontractors and
of persons directly or indirectly employed by them and of persons for whose acts any of them
may be liable to the same extent that the Contractor is responsible for the acts and omissions of
the Contractor's own employees. Nothing in the Contract Documents shall create any
contractual relationship between any Subcontractor or supplier and the Owner or the Designer,
or any obligation on the part of the Owner or the Designer to pay or see to the payment of any
money due any such Subcontractor or material furnisher except as may otherwise be required
by law. The Owner or the Designer may furnish to any Subcontractor or supplier, to the extent
practicable, evidence of amounts paid to the Contractor on account of specific Work done.
7.9 The divisions and sections of the Specifications and the identifications of any Drawings shall
not control the Contractor in dividing the Work among Subcontractors.
7.10 The Contractor agrees to bind specifically every Subcontractor to the terms and conditions
of the Contract Documents for the benefit of the Owner and to furnish written evidence thereof
to the Designer and the Owner within seven (7)days after written request by the Owner.
7.11 The Contractor shall attend job progress conferences and all other meetings or
conferences as directed by the Designer.The Contractor shall be represented at these job
progress conferences by a representative having the authority of the Project Manager and by
such other representatives as the Designer may direct. Job progress conferences shall be open
to Subcontractors, suppliers and any others who may contribute beneficially toward maintaining
required job progress, and such personnel shall be encouraged by the Contractor to attend. It
shall be the principal purpose of job progress conferences to effect coordination, cooperation
and assistance in every practical way toward the end of maintaining progress of the Project on
Revised 9/13
Attachment#1
21
schedule and to complete the Work and the Project by the specified Completion Dates. The
Contractor shall be prepared to assess progress of the Work as required in the Contract
Documents and to recommend remedial measures for correction of progress as may be
appropriate. The Designer shall preside as chairman and arrange for minutes to be taken and
circulated.
In the event that the prosecution of the Work is discontinued for any reason, the Contractor shall
notify the Designer and the Owner at least forty-eight(48) hours in advance of resuming
operations.
Should the terms of the Contract Documents require completion of one or more portions of the
Work for the Beneficial Occupancy of the Owner prior to completion of the entire Work, the
Contractor shall complete such portion(s)of the Work on or before the date specified. Such
completion shall include the obtaining of all government or other permits, permission, and/or
approvals necessary to occupancy. The Contractor shall independently estimate the difficulties
involved in arranging the Work to permit such Beneficial Occupancy and shall not claim any
additional compensation or time extension by reason of any delay or increased cost due to
completing such portion(s) of the Work.The Owner's possession and use of such portion(s) of
the Work shall not be deemed an acceptance of any Work not completed in accordance with the
Contract Documents. The Owner shall be responsible for the security, maintenance, utilities,
and insurance of all portions of the Work completed and beneficially occupied by the Owner.
7.12 The Contractor shall pay all license fees and royalties, and assume all costs incident to the
use of any invention, design process, or device which is the subject of patent rights or
copyrights held by others, except for inventions, design processes, or devices specified by the
Designer in the Contract Documents. The Contractor shall indemnify and hold harmless the
Owner, the Designer, and anyone directly employed by either of them, from and against all
claims, damages, losses and expenses, including attorney's fees and costs of defense, arising
out of any infringement or alleged infringement of such rights during or after completion of the
Work, and shall defend all such claims in connection with any actual or alleged infringement of
such rights.
7.13 The Contractor shall secure and pay for all permits, including without limitation construction
permits and licenses, and will pay all governmental charges and inspection fees necessary for
the prosecution of the Work.
7.14 The Contractor shall give all notices and comply with all laws, ordinances, rules, and
regulations applicable to the Work and shall protect and indemnify the Owner and the Owner's
officers, agents, or servants against any claim or liability arising from or based on the violation of
any such law, ordinance, regulation, order, or decree, whether by the Contractor or by the
Contractor's employees, Subcontractors, sub-subcontractors, or their employees.
7.15 The Contractor shall be responsible for the entire site of the Project (except those under
the Beneficial Occupancy of the Owner) and for its reasonable and necessary protection and
security, as required by laws or ordinances governing such conditions, or by custom or sound
construction practices, and shall share such responsibilities as may be agreed upon among
them, or in the absence of such agreement, as may be directed by the Contract Documents,
Owner, or Designer. The Contractor shall be responsible for any damage to the Owner's
property, or that of others, by the Contractor or the Contractor's employees, Subcontractors,
Revised 9/13
Attachment#1
22
sub-subcontractors, or their employees or agents, and shall make good such damages. The
Contractor shall be responsible for and pay for any such claims against the Owner.
7.16 The Contractor shall protect all landscaping designated to remain in the vicinity of the
operations and barricade all walks, roads, and areas as necessary to keep the public away from
the construction.
7.17 The Contractor shall provide cover and/or protect all portions of the Work and provide all
materials necessary to protect the Work whether performed by the Contractor or any of the
Subcontractors or sub-subcontractors. Any Work damaged through the lack of proper
protection, or from any other cause, shall be repaired or replaced without extra cost to the
Owner or extension to the Contract Time.
The Contractor shall maintain the Work during construction and until the Work is accepted.
This maintenance shall constitute continuous and effective effort prosecuted day by day,with
adequate equipment and forces so that the Work is maintained in satisfactory condition at all
times. All costs of maintenance shall be included in the Contract Price and the Contractor will
not be paid an additional amount for such effort. Should the Owner or Designer observe that the
Contractor at any time has failed to maintain the Work as provided herein, the Designer may
immediately notify the Contractor of such noncompliance. Such notification shall specify a
reasonable time within which the Contractor shall be required to remedy such unsatisfactory
maintenance condition. Should the Contractor fail to properly respond to the Designer's
notification, the Owner may, at the Contractor's expense, take such action as it may deem
appropriate to remedy the defective maintenance, including suspension of the Contractor's
Work or any part thereof. Any such expense incurred by the Owner shall be deducted from
monies due or to become due the Contractor.
Parking lots, streets, and walks connecting to the Project area shall be protected by the
Contractor from deposits of mud, sand, stone, litter, or debris in any form. Pedestrian traffic
areas around the construction limits must be maintained in a clean and safe condition at all
times with required barricades and covered walkways. When excavation or other operations
outside the Project limits is required, the Contractor shall, immediately following that work,
return the area to its original condition.
All catch basins and storm drain lines in the vicinity of the Project site shall be protected at
all times from entry of dirt, rubble and other debris. The residue from the cleaning of trucks,
wheelbarrows, concrete buggies, etc. must be prevented from entering the drainage
system, and if cleaning is done, the residue must be contained and removed from the
Project site with other refuse..
7.18 No burning of refuse or debris shall be allowed inside or around the Project during the
course of construction without written authority from authorities having jurisdiction and the
Owner.
7.19 The Contractor shall provide for and maintain necessary safety measures and safety
programs for the protection of all persons involved with the Work. Such measures and programs
shall include the requirements of the most current edition of the CAGC Safety and Health
Manual [or the AGC Accident Prevention Manual in Construction], or equivalent requirements,
and shall fully comply with all Federal, State, and local laws, rules, regulations, and building
Revised 9/13
Attachment#1
23
code requirements relating to the prevention of accidents or injuries to persons on or about the
location of the Work.
All trenches, excavations, or other hazards in the vicinity of the Work shall be well barricaded,
and properly lighted at night.When Work requires closing of an area normally used by the
Owner or the public,the Contractor shall furnish, erect, and maintain temporary barricades, and
properly light the area. The Contractor shall comply with any directions and public authorities in
this respect.
7.20 The Contractor shall designate a responsible officer or employee as safety inspector,
whose duties shall include accident prevention on the Project as well as implementation of the
Contractor's safety measures and safety programs on the Project. The name of the safety
inspector shall be made known to the Designer and the Owner at the preconstruction
conference.
7.21 In emergencies affecting the safety of persons, the Work, or property at the Project site or
adjacent thereto,the Contractor is obligated to act in the Contractor's discretion to prevent
threatened damage, injury, or loss. As soon as practicable, the Contractor shall notify the
Designer and Owner of such emergency. The Contractor shall give the Designer and the Owner
prompt written notice of any significant changes in the Work or deviations from the Contract
Documents caused by such emergency. If the Contractor believes that additional work done in
an emergency entitles the Contractor to an increase in the Contract Price or an extension of the
Contract Time, the Contractor may make a claim therefore as provided in Articles 14 and/or 15.
7.22 The Contractor shall at all times keep the premises free from accumulation of waste
materials or rubbish caused by the Work.At least weekly and at the completion of the Work,the
Contractor shall remove all waste materials and rubbish from and about the Project. At the
completion of the Work, the Contractor shall remove all tools, construction equipment,
machinery, and surplus materials. The Contractor shall leave the Work in condition for
occupancy by the Owner such that no cleaning or other operations are required. Material
cleared from the Project and deposited on adjacent property shall not be considered as having
been disposed of satisfactorily. If the Contractor fails to keep the Project clean of waste
materials or rubbish, fails to satisfactorily clean-up weekly or at the completion of the Work, the
Owner may do so and the costs thereof may be deducted from any amounts due the Contractor.
7.23 Utilities, temporary facilities, and signs shall be provided as described in the Contract
Documents. Absent a contrary direction in the Supplementary Conditions,the Contractor shall
pay all bills for water, electricity, or other public utility service to the Project site.
7.24 The Contractor shall indemnify and hold the Owner, the Designer, the Designer's
consultants, and their officers, agents, and employees harmless against all costs, damages, and
expenses, including attorney's fees and costs of defense, arising out of claims by any separate
contractor or by any Subcontractor, sub-subcontractor, or supplier engaged by or employed by
the Contractor or employed by any of the Subcontractors claiming through him, including
without limitation damages, losses, and expenses arising out of or relating to any
inconvenience, delay, interference, or other action or non-action of the Contractor or the
Contractor's Subcontractors on the Project.
Revised 9/13
Attachment#1
24
The Contractor acknowledges that should the Contractor or any of the Contractor's
Subcontractors be damaged by any breach of contract by any other separate prime contractor
on the Project, the Contractor may invoke applicable dispute resolution procedures with said
other separate prime contractor or bring a direct civil action against said other separate prime
contractor. The Contractor hereby expressly agrees that neither the Owner nor its officers,
agents, or employees shall have any liability of any kind or nature whatsoever to the Contractor,
its Subcontractors, sub-subcontractors, or suppliers arising out of or relating to any breach,
inconvenience, delay, interference, or other action or non-action by any other separate prime
contractor. The Contractor covenants not to sue the Owner for any loss or damage caused by
any breach, inconvenience, delay, interference, or other action or non-action by any other
separate prime contractor, notwithstanding whatever rights at law the Contractor might have to
bring a civil action against the Owner for any breach, inconvenience, delay, interference, or
other action or non-action of any other separate prime contractor. The Contractor agrees to look
exclusively to the other prime contractor for relief or remedy.
Nothing contained herein or appearing anywhere in the Contract Documents shall obligate
or require the Owner to exercise any right or privilege, or to take any action or to refrain from
taking any action under any contract it may have with any other prime contractor or party to the
Project for the benefit of the Contractor or any Subcontractor, subSubcontractor, or supplier
claiming through the Contractor.
7.25 Prior to completion of the Work and Final Payment of the Contract Price, excepting only
those portions of the Work deemed accepted in accordance with the Contract Documents,the
Contractor shall have charge and care of the Work, and shall take every precaution against
injury or damage to any part due to the action of the elements or from any other cause,whether
arising from the execution or from the non-execution of the Work. The Contractor shall as
required by the Owner replace, rebuild, repair, restore, and make good all injury or damage to
any portion of the Work occasioned by any of the above causes before Final Completion and
shall bear the expenses thereof.
7.26 In the event that the Work, or any portion thereof, is suspended at any time pursuant to an
order of the Owner, the Contractor shall obey all instructions of the Owner regarding storage of
materials, drainage, protection of the Work, and erection of temporary structures during the
suspension period.
7.27 The Project Expediter for the Project shall be responsible for the coordination of the Work
of itself and any other separate contractors, both as to space and time. The Project Expediter
shall coordinate the implementation of the Contract Construction Schedule, all construction
activities and close-out of the Project, including but not limited to all testing, inspection,
certifications, and approvals required by public agencies.
The Contractor and the Project Expediter shall each be required to notify the Designer and the
Owner promptly of any event or condition which could affect the conduct or progress of the
Work and shall cooperate fully with all other contractors on the Project site.
7.28 The Owner hereby delegates to the Project Expediter all of its duties to coordinate and to
expedite the Work not expressly reserved to the Owner by other provisions of the Contract
Documents.
Revised 9/13
Attachment#1
25
7.29 All Work performed pursuant to the Contract Documents shall conform in all respects to the
North Carolina State Building Code and all other state, local, and national codes in effect at the
time of and applicable to this Work.
7.30 The Contractor shall provide for and maintain necessary safety measures and safety
programs for the protection of all persons at the Project site, and shall comply at all times with
the requirements of the most current edition of the CAGC Safety and Health Manual[or the
AGC Accident Prevention Manual in Construction], or the equivalent requirements of the
Contractor's safety program, and shall fully comply with all Federal, State, and local laws, rules,
regulations, and building code requirements so as to prevent accidents or injuries to persons on
or about the Project site. The Contractor shall clearly mark or post signs warning of existing
hazards, and shall barricade excavations, elevator shafts, stairways, and similar hazards. The
Contractor shall protect against damage or injury resulting from falling materials, and shall
maintain all protective devices and signs throughout the progress of the Work.
7.31 The Contractor shall adhere to the rules, regulations, and interpretations of the North
Carolina Department of Labor's Occupational Safety and Health Standards for the Construction
Industry(29 CFR Part 1926 as adopted in 13 NCAC 07F.0201, including 29 CFR Part 1910
General Industry Safety and Health Standards applicable to construction)and N.C. Gen. Stat.
§95-126 through 155(Occupational Safety and Health) as well as all revisions and amendments
to such standards or statutes as may occur throughout the performance of the Work.
7.32 Any land disturbing activity performed by the Contractor in connection with the Project shall
comply with all erosion control measures set forth in the Contract Documents and any additional
measures which may be required in order to ensure that the Project is in full compliance with the
Sedimentation Pollution Control Act of 1973, as implemented by Title 15 North Carolina
administrative Code, Chapter 4, Sedimentation Control, Subchapters 4A, 4B and 4C, as
amended (15 NCAC 4A, 46, and 4C), and as may be revised or amended in the future. Upon
receipt of notice that a land-disturbing activity is in violation of said Act, the Contractor shall be
responsible for ensuring that all steps or actions necessary to bring the Project in compliance
with said Act are promptly taken. The Contractor shall be responsible for all penalties assessed
pursuant to N.C. Gen. Stat. 113A-64 with respect to its Work, and shall indemnify and hold
harmless the Owner from all costs and expenses, including attorney's fees and costs of defense
arising out of or related to the enforcement of the Act against any party or person described in
this Article.
7.33 Any mechanical or electrical work such as sleeves, inserts, chases, etc. located in the
Work of the Contractor for general work shall be built in by that Contractor. On multiple prime
projects, the mechanical and electrical contractors shall set all sleeves, inserts, and other
devices built into the structure in cooperation and under the supervision of the Contractor for
general work. The responsibility for exact location of such items shall be that of the mechanical,
plumbing, or electrical prime contractor.
7.34 The Contractor shall be responsible for permanently fixed service facilities and systems in
use during progress of the Work and shall strictly adhere to the following procedures:
a) Prior to acceptance of the Work by the Owner, the Contractor shall remove and replace any
part of the permanent building systems damaged through use during construction.
Revised 9/13
Attachment#1
26
b)Temporary filters shall be installed in each of the heating and air conditioning units, return air
grilles, and other locations to prevent intrusion of dust, dirt, and debris during construction.
Temporary filters shall be removed and replaced with new filters immediately prior to Substantial
Completion.
c) Extra effort shall be maintained to keep the building clean and under no circumstances shall
air systems be operated if finishing operations are creating dust in excess of what would be
considered normal if the building were occupied.
d)When the permanent lighting system is used during construction, lamps shall be replaced
and shall be new on the date of Substantial Completion.
ARTICLE 8. OWNER
8.1 The Owner shall issue communications and notices to the Contractor through the Designer
to the extent contemplated by the Contract Documents.
8.2 In case of termination of the employment of the Designer,the Owner shall appoint as
Designer a qualified person who shall have and assume all rights and duties held by the original
Designer.
8.3 The Owner shall have the right to take possession of and use any portion of the Work
notwithstanding the fact that the time for completion of such portion of the Work may not have
expired, but such taking possession and use shall not be deemed an acceptance of any Work
not completed in accordance with the Contract Documents.
8.4 A waiver on the part of the Owner of any breach of any part of the Contractor shall not be
held to be a waiver of any other or subsequent breach.
8.5 The Owner shall pay all permanent acreage fees, governmental impact fees, and meter
deposits for permanent utilities.
ARTICLE 9.CONSTRUCTION MANAGER
9.1 The Owner may employ one or more Construction Managers for the purpose of assisting the
Owner, Designer, and Contractor in developing and administering budgets and cost controls, in
evaluating constructability and value engineering proposals, in establishing and maintaining a
critical path method (CPM) schedule, in coordinating and/or expediting the Work with other
projects being constructed by the Owner or others adjacent or near the Work, or for such other
purposes as the Owner may deem appropriate. From time to time the Owner may identify such
Construction Managers(s)to the Contractor in writing identifying any tasks assigned to such
Construction Managers(s).
ARTICLE 10. DESIGNER
10.1 The Designer is charged with the responsibility of interpretation of the Contract
Documents. The Designer's decisions relating to aesthetic matters shall be final.
Revised 9/13
Attachment#1
27
10.2 All Work completed under the Contract Documents shall be subject to review by the
Designer. No Work is to be covered without the Designer's review or prior authorization.
Any Work so covered without the Designee's review or prior authorization shall be uncovered at
the Contractor's expense. The Contractor shall notify the Designer in writing at least twenty-four
(24) hours in advance of covering any Work.
10.3 The Designer shall not be responsible for the construction means, methods, techniques,
sequences, procedures, or the safety precautions and programs incident thereto, and shall not
be responsible for the Contractor's failure to perform the Work in accordance with the Contract
Documents, but shall be entitled to enforce any requirements in the Contract Documents
specifying particular means, methods,techniques, sequences, or procedures.
10.4 The Designer shall be an Owner's representative during the construction period. The
duties, responsibilities and authority of the Designer as the Owner's representative during
construction are as set forth in the Contract Documents.
ARTICLE 11.TESTING AND SURVEYING
11.1 Laboratory and field tests to determine compliance of construction with the Contract
Documents shall be made by the Owner or testing consultants employed by the Owner except
those required elsewhere in the Contract Documents to be paid for by the Contractor. The costs
and expenses of providing samples for and assistance in any testing shall be borne by the
Contractor and are included in the Contract Price. Any Work in which untested materials are
used without approval or written permission of the Designer shall be removed and replaced at
the Contractor's expense. Work found to be unacceptable or unauthorized will not be paid for
and, if directed by the Designer shall be removed and replaced at the Contractor's expense.
Unless otherwise designated, tests in accordance with the cited standard methods of ASTM or
other generally recognized or specifically authorized methods which are current on the date of
advertisement for bids shall be made at the expense of the Owner; provided, however, in the
event that after such testing any Work is found to be defective or does not meet the
requirements of the Contract Documents,the costs of retesting such Work and the costs of
inspection services shall be paid by the Contractor. Samples shall be taken by a testing
laboratory employed by the Owner. All materials being used are subject to inspection, tests, or
rejection at any time prior to or during incorporation into the Work. Copies of all Owner test
reports will be furnished to the Contractor at his written request. Copies of Contractor test
reports shall be furnished to the Designer upon written request.
11.2 The Owner shall have the right to deduct the costs of additional testing as described in
paragraph 11.1 from any money due the Contractor; or if no money is due the Contractor, the
Owner shall have the right to recover these costs from the Contractor, from its sureties, or from
both.
11.3 All layouts and surveying shall be accomplished by properly qualified personnel duly
licensed in the State of North Carolina.
ARTICLE 12.SEPARATE CONTRACTS
12.1 It is expressly understood that the Owner may deploy the Owner's own employees or
engage other separate prime contractors to perform Work as a part of the Project whose work
Revised 9/13
Attachment#1
28
will be performed simultaneously and sequentially with the performance of the Work by the
Contractor. It shall be necessary for the Contractor to coordinate construction activities with
such other contractors, particularly with respect to access to work areas, storage of materials,
and use of elevators and other common facilities. The Contractor shall diligently and in good
faith cooperate with the Owner, the Designer, and all other contractors with respect to such
matters and shall regularly and faithfully attend any and all meetings called by the Owner or the
Designer with respect to such matters. Any disputes between the Contractor and any other
separate prime contractor with respect to such matters shall be resolved in accordance with the
claim and dispute resolution procedures in the Agreement.
ARTICLE 13.CONTRACT TIME
13.1 Within fourteen (14)days after receipt of the Construction Contract by the Contractor for
signatures, the Project Expediter shall prepare and submit to the Designer and Owner for review
and approval a preliminary progress schedule for the Work pursuant to the requirements stated
in the Contract Documents.
13.2 Within fourteen (14) days after initial receipt of the Construction Contract for signatures the
Contractor shall submit to the Designer a Submittal Register listing all Submittals the Contractor
is required to make or proposes to make under the Contract Documents, the dates on which the
Contractor proposes to make such Submittals and the dates by which the Contractor reasonably
requires a response from the Designer with respect to each Submittal.The dates submitted
shall be incorporated into the Contract Construction Schedule as Completion Dates when they
have been approved or modified by the Owner. The Designer shall not be required to review
any Submittal from the Contractor until a Submittal Register acceptable to and approved by the
Owner has been submitted by the Contractor.
13.3 Not later than thirty(30)days following execution and delivery of the Construction
Agreement by Owner to Contractor, the Owner shall deliver to the Contractor a Notice to
Proceed.The Notice to Proceed shall state a commencement date on which it is expected that
the Contractor will begin the Work to be performed under the Agreement. The Contract Time
shall be measured from said specified commencement date. The commencement date stated in
the Notice to Proceed shall not be earlier than three(3)days after the Notice to Proceed is
served on the Contractor.
If, other than by mutual agreement, said specified commencement date is more than thirty(30)
days after the date of execution and delivery of the Agreement from Owner to Contractor and
the Contractor believes said delay justifies an increase in Contract Price and/or an extension of
Contract Time,the Contractor may make a claim therefore as provided in Article 14 and/or
Article 15. No Work shall be done prior to the date specified in the Notice to Proceed. A final
Contract Construction Schedule shall be submitted for approval by the Contractor, Designer,
and Owner no later than fourteen (14) days after Notice to Proceed. No payments shall be due
the Contractor until this schedule is approved by all parties.
13.4 The Contract Construction Schedule is a Contract Document. The Contractor represents
that the Contract Construction Schedule has been reviewed in detail, that the Contractor
participated in its preparation, that all of the activities which impact, limit, or otherwise affect the
time of completion of the Work are shown in the Contract Construction Schedule and that all of
the activities of others which impact, limit, or otherwise affect the start, duration, or completion of
Revised 9/13
Attachment#1
29
the Contractor's activities are also shown. The Contractor further represents that the Contractor
can and will complete each activity within the time shown for that activity. Time is of the
essence with respect to each such activity and Completion Date.
13.5 If the Contractor submits a construction schedule, progress report, or any other document
that indicates or otherwise expresses an intention to achieve completion of the Work prior to any
Completion Date required by the Contract Documents or prior to expiration of the Contract
Time, no liability of the Owner to the Contractor for any failure of the Contractor to so complete
the Work shall be created or implied.
13.6 If the Contractor, for reasons beyond the Contractor's control, is delayed in beginning any
activity, the Contractor shall, nevertheless, have the same number of days as is shown in the
Contract Construction Schedule for the activity, and the affected activity and any succeeding
activity that is dependent upon that activity shall be adjusted accordingly; provided that at any
time the Owner, by means of a Change Order, may require the Contractor to work overtime,to
increase labor forces or to take any necessary or appropriate action to decrease the time
required for any activity, and the Contractor shall be entitled to an adjustment in the Contract
Price computed in accordance with Article 15 of these General Conditions.
13.7 At any time, the Owner may order the Contractor, on seven (7) days written notice, to
begin any activity earlier than the starting date shown on the Contract Construction Schedule.
13.8 Should the Contractor fail to start any activity on the start date shown in the Contract
Construction Schedule or as it may have been adjusted in accordance with paragraphs 13.5 or
13.6 above, or become delayed, the Contractor shall, without being entitled to any increase in
the Contract Price or other compensation, work overtime, increase labor forces or take such
other action as may be necessary or appropriate to complete the activity by the Completion
Date shown on the Contract Construction Schedule, or as such Completion Date may have
been adjusted.
13.9 The Designer and Owner or his Construction Consultant shall monitor progress of the work
at all times and the Contractor shall cooperate with such monitoring and provide any and all
information with respect to the progress of the Work and scheduling as the Owner may
reasonably require.
13.10 On a monthly basis, the Contractor shall revise the Contract Construction Schedule,
showing any adjustments made in accordance with paragraphs 13.5 or 13.6, above, by any
Change Order,the progress of the Work, and any days gained or days lost with respect to any
activity, and shall furnish copies thereof to the Owner and Designer.
13.11 Should any monthly revision of any Contract Construction Schedule show that the
Contractor is behind on any activity, the late completion of which could delay Substantial
Completion of the Work,the Owner shall be entitled to withhold from the next Progress Payment
due the Contractor an amount not exceeding the amount the Owner would be entitled to in
Liquidated Damages, should Substantial Completion be delayed by the same number of days
that the Contractor is currently behind schedule. If, subsequently, the Contractor's progress, as
shown by any succeeding monthly revision to the Contract Construction Schedule, is such that
the anticipated delay no longer exists,the Owner shall pay with the Progress Payment next due
to the Contractor such amounts as have been withheld in accordance with this paragraph.
Revised 9113
Attachment#1
30
13.12 The Owner shall have the right to perform Work, hire and employ labor and craftsmen,
rent equipment, subcontract with other parties, or do anything that the Owner deems necessary
or appropriate to remedy or cure any delay by the Contractor in the progress of the Work. Such
action by the Owner shall not, in any way, affect, void or limit any warranty, guaranty or other
responsibility of the Contractor under the Contract Documents. Such action may be taken by the
Owner only after three(3)days written notice to the Contractor.All costs incurred by the Owner
in taking any such action shall be charged to the Contractor and deducted from any amounts
remaining due under the Agreement.
13.13 The Contractor may be entitled to an extension of the Contract Time (but no increase in
the Contract Sum)for delays arising from unforeseen causes beyond the control and without the
fault or negligence of the Owner, the Contractor or the Contractor's Subcontractors as follows:
a) Labor disputes and strikes that directly impact the critical path activities of the Contract
Construction Schedule;
b)Acts of God,tornado,fire, hurricane, blizzard, earthquake,typhoon, or flood that damage
completed Work or stored materials.
c)Acts of the public enemy; acts of the State, Federal, or local government in their sovereign
capacities.
d)Abnormal inclement weather as defined in Article 13.14.
13.14 On any day that the Contractor considers that the Project is delayed by adverse weather
conditions, the Contractor shall identify in writing to the Designer and the Owner the adverse
weather conditions affecting each activity, the specific nature of the activity affected, the number
of hours lost, and the number of and identity (by responsibility or trade) of workers affected and
shall obtain from the Designer written recognition of the delay. The time for performance of this
Contract includes an allowance for a number of calendar days which may not be suitable for
construction Work by reason of adverse weather. The Contract Time will be extended only if the
number of calendar days of adverse weather recognized by the Designer exceeds the number
of inclement weather days set forth below, and the Contractor demonstrates how this adverse
weather impacts activities on the critical path of the Contract Construction Schedule. Month
Number of Inclement Weather Days
January 10
February 10
March 10
April 9
May 10
June 9
July 11
August 10
September 8
October 7
November 8
December 9
Revised 9113
Attachment#1
31
13.15 If the Contractor believes that the progress of the Work has been adversely affected by
adverse weather recognized by the Designer during a particular month,the Contractor shall
submit a written request for extension of time to the Designer. Such a request for time extension
of the Contract Time shall be submitted by the tenth (10th)day of the month following that
month in which the adverse weather is encountered. The request shall include, but is not limited
to,the following information: a) Detailed description of weather's effect on scheduled activities
and its net effect on the critical path of the Project, and b)Weather records from the official
weather station nearest the Project site and records of actual observation as contained in daily
reports, correspondence, or other documentation.
13.16 The Contractor specifically recognizes that a delay by the Contractor in achieving any
Completion Date can have the effect of delaying the Substantial Completion of the Project,.that
such delay in Substantial Completion of the Project will necessarily cause damages, losses, and
expenses to the Owner, including, but not limited to and by way of illustration only, increased
capitalized costs and interests for the Project, increased and extended Project overhead,
Designer's and Consultant's fees, increased costs of construction, increased and extended
operation costs of other facilities, and inefficiency and loss of productivity, and that such
damages, losses, and expenses may not be readily identifiable or ascertainable at the time they
are incurred or at any time. Therefore, and in recognition of these factors and the likelihood that
actual damages from his delay will not be readily ascertainable, the Contractor agrees to pay to
the Owner, as Liquidated Damages and not as a penalty, the sum identified in the Contract
Documents hereto as the Liquidated Damages per Day, for each day by which the failure to
meet any Completion Date shown in the Contract Construction Schedule, adjusted in
accordance with this Article, delays the Substantial Completion of the Project.
13.17 The Contractor shall not be entitled to any adjustment in the Contract Price or other
compensation from the Owner for any delay in the completion of or progress on the Work that is
caused by a force majeure condition or is otherwise not caused by the sole and direct act or
omission of the Owner and the Owner's employees or agents.
13.18 The sum for Liquidated Damages is the amount stated in the Contract Documents as
Liquidated Damages reasonably estimated in advance to cover the losses to be incurred by the
Owner by reason of failure of said Contractor(s)to complete the Work within the time specified,
such time being in the essence of this contract and a material consideration thereof.
ARTICLE 14.CHANGES IN THE WORK
14.1 Without invalidating the Contract Documents,the Owner may, at any time, or from time to
time order additions, deletions, or revisions in the Work. Said additions, deletions, or revisions
shall be authorized only by written Change Orders, Construction Change Directives or Field
Orders. Upon receipt of a Change Order, Construction Change Directive or Field Order,the
Contractor shall proceed with the Work involved. All such Work shall be executed under the
applicable conditions of the Contract Documents. If any change causes an increase or decrease
in the Contract Price and/or an extension or shortening of the Contract Time, adjustments shall
be made as provided in Article 14 and/or Article 15. In order to expedite the Work and avoid or
minimize delay in the Work that might affect the Contract Price or Contract Time, the Designer
may issue a Change Order in the form of a Construction Change Directive which when signed
by the Owner and Designer, directs the Contractor to proceed promptly with the Work involved.
Any claim for an adjustment in Contract Price or Time, if not defined in the Construction Change
Revised 9/13
Attachment#1
32
Directive, shall be promptly made in writing in accordance with the procedures defined in Article
15.2.
14.2 The Designer may authorize minor changes or alterations in the Work not involving change
in the Contract Price or in the Contract Time and not inconsistent with the overall intent of the
Contract Documents. These may be accomplished by a Field Order. Such alterations shall not
invalidate the Contract Documents nor release the surety. If the Contractor believes that any
minor change or alteration authorized by the Designer entities him to an increase in the Contract
Price and/or an extension of Contract Time, he may make a claim therefore as provided in
Article 14 and/or Article 15.
14.3 Except in an emergency endangering life or property, no change shall be made by the
Contractor except upon prior written Change Order, Directive or Field Order authorizing such
Change.
14.4 Increases in the Contract Price and/or extensions of the Contract Time for additional Work
performed by the Contractor shall only be in accordance with a written Change Order signed by
the Owner and Designer. The Contractor shall not be entitled to additional time or to additional
compensation for any Work performed or material supplied which is claimed to have been
authorized or settled by an "oral"change, or by a "constructive"or"implied" change, or by a
course of conduct, or by any action or non-action by the Owner, Designer, or any other persons,
or by any means whatsoever other than by a written Change Order for such Work or material
signed by the Owner and the Designer.
14.5 Changes in the Work resulting from emergency shall not invalidate the Contract
Documents nor release the surety.
14.6 Neither the Owner nor the Designer shall be responsible for verbal instructions which have
not been confirmed in writing, and in no case shall such instructions be interpreted as permitting
a departure from the Contract Documents unless such instruction is confirmed in writing and
supported by a proper Change Order, Construction Change Directive or Field Order, whether or
not the cost is affected.
14.7 The Owner, in its sole discretion, may require that the Contractor notify the Contractor's
sureties of any changes affecting the general scope of the Work or change in the Contract
Price, and that the amount of applicable bonds shall be adjusted accordingly. If this requirement
is exercised,the Contractor shall furnish proof of such adjustment to the Designer and the
Owner.
If this requirement is exercised, the Change Orders shall require written consent of the
Contractor's surety.At the time of signing a Change Order, the Contractor shall be required to
certify as follows: "I certify that all sureties have been notified that my contract has been altered
by the amount of this Change Order, and that a copy of the approved Change Order will be
mailed to all sureties upon its receipt by me." If this requirement is exercised, no payment to the
Contractor on account of any Change Order shall become due or payable until written evidence
of the surety's consent to the Change Order has been furnished to the Designer and to the
Owner, and the furnishing of such written consent is a condition precedent to such payment.
Revised 9/13
Attachment#1
33
14.8 The Contractor shall support all requests for Change Orders with a detailed cost
breakdown showing cost of materials, labor, equipment, transportation, other items, Contractor's
overhead and profit, and total cost, in accordance with methods defined in this Article, and, if the
request seeks an extension of the Contract Time,with a time-related diagram which
demonstrates specifically why an increase in construction time is needed.
14.9 When a request for a Change Order involves a Subcontractor,the Contractor shall provide
quotation from same on Subcontractor's letterhead. The Subcontractor's quote shall list
materials, equipment, and labor separately, and show overhead and profit in the manner
provided in paragraph 14.8.
ARTICLE 15. CHANGE OF THE CONTRACT PRICE
15.1 The Contract Price constitutes the total compensation payable to the Contractor for
performing all Work under the Contract Documents. All duties, responsibilities, and obligations
assigned to or undertaken by the Contractor shall be at his expense without change in the
Contract Price. The Contract Price may only be changed by a Change Order.
15.2 Any claim for an adjustment in the Contract Price shall be in writing and written notice of
any event, action, or non-action which may become the basis of a claim shall be delivered to the
Owner and the Designer within three (3)days of the occurrence of any such event, action or
non-action giving rise to the claim. Such written notice is a condition precedent to the making of
a claim, and such notice shall describe the basis of the potential claim with reasonable detail
and clarity.
A claim shall be made in writing and shall be delivered to the Designer and the Owner no later
than fourteen (14)days after such notice. The claim shall describe in detail the basis for the
claim,with specific reference to any provisions of the Contract Documents, by paragraph,
drawing number, or other specific identification, and shall state the amount claimed and how it is
calculated. If the Contractor, at the time the claim is made, is unable to state the amount
claimed with accuracy, the Contractor shall so state and provide the estimated amount and the
basis on which the amount is to be calculated. At the earliest date practicable, but in no event
more than thirty(30)days after Contractor's notice of claim, the Contractor shall supplement the
claim with an accurate statement of the amount claimed and how it has been calculated. The
Contractor shall provide, in writing, in support of the claim all such explanations, arguments,
data, receipts, expert opinions, or other documents or information as the Contractor deems
appropriate to be considered in support of the claim.
A claim may properly be rejected by the Owner by reason of the Contractor's failure to submit
adequate or accurate documentation or information, except that within seven (7) days after
being given notice that the claim has been rejected on this basis,the Contractor may submit
additional documentation or information. No claim for a change of the Contract Price shall be
considered or granted (except solely at the discretion of the Owner) unless a claim is so made,
nor shall the Contractor be entitled to any increase in the Contract Price unless the Contractor
has given notice and made such a written claim within the times required. The Owner shall
decide, after obtaining the advice of the
Designer, whether an increase in Contract Price is warranted, and the amount of such increase
shall be determined as provided in paragraph 15.4 through 15.5, below. Any change in the
Contract Price resulting from any such claim shall be incorporated in a Change Order.
Revised 9/13
Attachment#1
34
The Owner shall advise the Contractor of its decision with respect to the claim within fourteen
(14) days of its receipt, or of the receipt of additional documentation or information if the
absence of such has previously been the basis of rejection of the claim; provided, however, that
if, in its sole discretion,the Owner deems that review or consideration of any part of the claim or
any matter related thereto by its governing Board is necessary or appropriate, it shall so advise
the Contractor and shall provide its decision to the Contractor within seven (7) days after such
Board consideration, review or action. Any claim on which the Owner has not provided its
decision to the Contractor within the applicable time period shall be deemed denied. If the
Contractor is not satisfied with the decision of the Owner, the Contractor may within seven (7)
days of receipt of the Owner's decision initiate the mediation process as described in Appendix
A to the General Conditions of the Contract for Construction.
15.3 In determining the amount of a Contract Price adjustment, the parties shall apply the
following methods, as appropriate:
(A) Change in Work: The Owner and Contractor shall negotiate in good faith and attempt to
agree upon the value of any change (extra or decrease) in Work prior to the issuance of a
Change Order covering said Work. Such Change Order shall set forth the corresponding
adjustment to the Contract Price. In the event the Owner and the Contractor are unable to
agree, the Owner shall grant an equitable adjustment in the Contract Price.
(B) Emergency Work: In the event of emergency endangering life or property, the
Contractor may be directed by the Designer to proceed on a time and material basis,
whereupon the Contractor shall so proceed and keep accurately, in such form as may be
required by the Designer, a correct account of costs together with all proper invoices, payrolls,
and supporting data therefore.
15.4 Where the Contract Price is to be adjusted, the following limitations shall apply in
determining the amount of adjustment:
(A) In the case of extra or emergency work, the Contract Price shall not be increased by more
than the reasonable, actual, and documented net cost of the.extra or emergency work plus ten
percent(10%)of such net cost on Work performed by the Contractor and five percent(5%)
thereof on any subcontracted Work for overhead and profit combined.
(B) In the case of a decrease in Work,the Contract Price shall not be decreased by less than
the net cost of the deleted Work plus five percent(5%)of such direct net cost for profit and
overhead.
The term'net cost' as used herein shall include, as applicable, and shall be limited to, all direct
labor, direct material, direct equipment, labor burden, sales taxes, shipping and handling
charges, permits and fees, and insurance and bond premium adjustments, if any, attributable to
the change. All other items of cost shall be considered as overhead and covered by the
percentages allowed in sections A and B of this paragraph.
The Contractor shall provide worksheets or tabulations describing the method by which the
direct net cost was calculated, and shall provide all data needed to support the calculation of the
direct net cost, all in a form acceptable to the Owner.
Revised 9/13
Attachment#1
35
15.5 Where the Contract Price is to be adjusted by negotiation, the Owner may authorize and
designate the Designer to negotiate with the Contractor on behalf of the Owner; provided,
however, any agreement reached between the Contractor and Designer shall be subject to
approval by the Owner.
ARTICLE 16. UNFORESEEN CONDITIONS
16.1 Should the Contractor encounter unforeseen conditions at the Project site materially
differing from those shown on the Drawings or indicated in the Specifications or differing
materially from those ordinarily encountered and generally recognized as inherent in work of the
character provided for in this Agreement, the Contractor shall immediately, and in no event
more than three days later, give notice to the Owner of such conditions before they are
disturbed. The Owner and the Designer shall thereupon promptly investigate the conditions and
if they find that they materially differ from those shown on the Drawings or indicated in the
Specifications, they shall at once make such changes in the Drawings and/or Specifications as
they may find necessary.Any increase or decrease in the Contract Price resulting from such
changes shall be adjusted in the manner provided herein for adjustments as to extra and/or
additional Work and changes. However, neither the Owner nor the Designer shall be liable or
responsible for additional work, costs, or changes to the Work that could have been reasonably
determined from any reports, surveys, and analyses made available for the Contractor's review
or that could have been discovered by the Contractor through the performance of its obligations
pursuant to the Contract Documents.
ARTICLE 17. CORRECTION OF WORK BEFORE FINAL PAYMENT
17.1 The Owner has the authority to stop or suspend work, and the Designer has the authority
to order Work removed or to order corrections of defective Work or Work not in compliance with
the Contract Documents where such action may be necessary to ensure successful completion
of the Work.
Any work, materials, fabricated items, or other parts of the Work which have been found by the
Designer to be defective or not in accordance with the Contract Documents shall be condemned
and shall be removed from the Project by the Contractor, and immediately replaced by new
Work in accordance with the Contract Documents at no additional cost to the Owner.Work or
property of the Owner or others damaged or destroyed by virtue of such condemned Work shall
be made good at the expense of the Contractor. Correction of condemned Work described
above shall be commenced by the Contractor within twenty-four(24) hours after notice from the
Designer or the Owner and shall be pursued to completion. Should the Contractor fail to
proceed reasonably with the abovementioned corrections, the Owner may,three(3) days after
the notice specified in the preceding sentence, proceed with correction, paying the cost,
including costs of uncovering such condemned Work, of such corrections from amounts due or
to become due to the Contractor.
Condemned Work removed shall be the property of the Contractor and shall be removed from
the Project by him within ten (10)days after notice to remove it, and if not then removed,
thereafter may be disposed of by the Owner without compensation to the Contractor and the
Revised 9/13
Attachment#1
36
cost of such disposal shall be deducted from amounts due or to become due to the Contractor.
Should the cost of correction of the Work and, if applicable, disposal of the condemned Work by
the Owner exceed amounts due or to become due the Contractor, then the Contractor and the
Contractor's sureties shall be liable for and shall pay to the Owner the amount of such excess.
ARTICLE 18. CORRECTION OF WORK AFTER SUBSTANTIAL COMPLETION;
WARRANTIES AND GUARANTIES
18.1 Neither the final certificate, Final Payment, occupation of the premises by the Owner, nor
any provision of the Contract Documents, nor any other act or instrument of the Owner or the
Designer shall relieve the Contractor from responsibility for negligence, defective material or
workmanship, or failure to comply with the Contract Documents.
18.2 The Contractor shall, at the Contractor's sole cost and expense, make all necessary
repairs, replacements, and corrections of any nature or description, interior or exterior,
structural or non-structural, that shall become necessary by reason of defective workmanship or
materials which appear within a period of one(1)year from the date of Substantial Completion;
provided, however that notwithstanding the preceding, if any longer guarantee period is
specified for any particular materials or workmanship under the Contract Documents, or under
any subcontract, or in connection with any manufactured unit which is installed in the Project, or
under the laws of the State of North Carolina,the longer guarantee period shall govern.
18.3 If, within any guarantee period, repairs or changes are required in connection with the
Work,which are rendered necessary as the result of the use of materials, equipment, or
workmanship which are inferior, defective, or not in accordance with the terms of the Contract
Documents, the Contractor shall, promptly upon receipt of notice from the Designer and without
expense to the Owner:
a) Completely repair or replace the Work so that it conforms to the Contract Documents;
b) Correct all defects therein;
c) Make good all damage which, in the opinion of the Designer, is the result of the use of
materials, equipment, or workmanship which are inferior, defective, or not in accordance with
the terms of the Contract Documents; and
d) Make good any Work or material, or any equipment or contents disturbed in fulfilling any such
guarantee.
If, in fulfilling the requirements of the Contract Documents or of any guarantee embraced therein
or required thereby,the Contractor disturbs any work, facility, premises, or construction
belonging to the Owner, the Contractor shall restore such disturbed work to a condition
satisfactory to the Owner, and shall guarantee such restored work to the same extent as if it
were Work under the Contract Documents.
If the Contractor, after notice, fails to proceed promptly to comply with the terms of the
guarantee, the Owner may have the defects corrected, and the Contractor and the Contractor's
R&Ased 9/13
Attachment#1
37
ureties shall be liable for all expenses incurred. "Promptly" is defined as within twenty-four(24)
hours for systems necessary to normal operation of the building and within seventy-two (72)
hours for all other items. All special guarantees applicable to definite parts of the Work that may
be shown in or required by Contract Documents shall be subject to the terms of this paragraph
during the first year of the life of such special guarantee. Manufacturer's standard guarantees or
warranties which do not comply with the time limit specified herein shall be extended by the
Contractor automatically without further action on the part of the Owner or the Designer.
18.4 In the eleventh calendar month after the date of Substantial Completion, and at the request
of the Owner,the Contractor, the Owner and the Designer shall make an inspection of the Work
for the purpose of identifying defective workmanship and/or materials. If the Contractor, having
been requested to do so by the Owner, fails to participate in such inspection, the Contractor
shall be conclusively bound by any decision or ruling by the Designer as to any defective
workmanship or material and as to the Contractor's responsibility for its repair or replacement.
ARTICLE 19. OWNER'S RIGHT TO DO WORK
19.1 If, during the progress of the Work or during any period of guarantee,the Contractor fails to
prosecute the Work properly or to perform any provision of the Contract Documents, the Owner,
after three(3)days written notice to the Contractor from the Designer, or from the Owner after
Final Payment, may perform or have performed that portion of the Work and may deduct the
cost thereof from any amounts due or to become due the Contractor. Notwithstanding any
action by the Owner under this paragraph, all warranties and bonds given or to be given by the
Contractor shall remain in effect or shall be given by the Contractor.
19.2 Should the cost of such action by the Owner exceed the amount due or to become due the
Contractor, the Contractor and his sureties shall be liable for and shall pay to the Owner the
amount of such excess.
ARTICLE 20. PARTIAL PAYMENTS
20.1 Within thirty(30) days after his initial receipt of the Construction Contract for signatures,
the Contractor shall submit to the Designer a Schedule of Values. The Schedule of Values shall
indicate the value of the Work, including applicable overhead and profit,for each Division and
section of the Project Specifications. The Designer and Owner shall be provided with the
Contractor's estimate papers, Subcontractor agreements, supplier quotes, or other documents
substantiating these values if so requested in writing by the Designer.The Contractor shall
provide the requested documentation within seven (7) days after receipt of the Designer's
written request. The Schedule of Values shall be subject to approval by the Owner, and if the
Owner and the Contractor cannot agree upon the Schedule of Values, the Designer shall
prepare it, and the Schedule of Values as prepared by the Designer shall be binding on the
Owner and the Contractor. No Request for Payment shall be certified by the Designer until the
Designer has issued approval of said Schedule of Values.
20.2 Not later than the fifth (5th) day of each calendar month the Contractor shall submit to the
Designer a Request for Payment for Work done during the previous calendar month. The
Request for Payment shall be in form of AIA Document G702 (latest edition)and shall show
substantially the value of Work done (including the value of material delivered to the Project or
stored by the Contractor at another site, subject to the conditions hereinafter set forth) during
Revised 9113
Attachment#1
38
the previous calendar month, and shall sum up the financial status of the Work with the
following information:
a)Total Contract Price, including any adjustment thereto made pursuant to the Contract
Documents.
b)Value of Work completed and materials properly stored to date.
c) Less amount retained.
d) Less previous payments.
e)Current amount due.
0 Balance remaining.
The Contractor, upon request of the Designer, shall substantiate the request with invoices,
vouchers, payrolls, or other evidence.
20.3 When payment is requested or made on an account of stored materials, such materials
must be stored on the Owner's property at such places and in such a manner as may be
designated by the Designer. However, in the sole discretion of the Owner,with permission
in writing from the Designer and Owner and under such circumstances as may be determined
by the Owner, such materials may be stored in a bonded warehouse. The location and
conditions for storage of such materials away from the Owner's property in a bonded warehouse
shall be within the sole discretion of the Owner. Requests for Payment on account of stored
materials shall be accompanied by paid invoices, bills of sale,warehouse receipts, or other
documentary evidence establishing Owner's title to such materials, evidence that the stored
materials are insured against loss and damage, and such other documentation as required by
the Designer. Responsibility for the quantity, quality, and condition of such stored materials,
whether stored on the Owner's property or away from the Owner's property, shall remain with
the Contractor regardless of ownership or title. No payment shall be made on account of
materials stored in a bonded warehouse unless the Contractor has acquired written permission
from the Designer for such storage of materials and has complied with all conditions set forth in
such permission regarding such storage of materials in a bonded warehouse.
20.4 Any Request for Payment received by the Designer on or before the fifth (5th)of the
calendar month shall be certified for payment or returned for re-submission to the Contractor on
or before the fifteenth (15th)of the calendar month. The Designer's certification shall be for the
amount which was requested or that which the Designer has decided was justly due, and shall
state in writing to the Contractor and Owner the reasons for withholding payment of any or all of
the amount requested.
20.5 The Designer may fail to certify all or part of any payment requested for any of the
following reasons:
a) Defective Work not corrected.
Revised 9/13
Attachment#1
39
b)Suits, actions, or claims of any character filed against the Contractor, or due to the operations
of the Contractor, or information or notice that a suit, action, or claim will be filed or has been
made.
c) Information or notice that a Subcontractor or a supplier has not received payment.
d)The balance unpaid of the Contract Price is insufficient to complete the Work in the judgment
of the Designer or Owner.
e) Damage to the Owner or another contractor.
f) Inability of the Contractor to meet a Completion Date, including an anticipated failure to meet
a Completion Date entitling the Owner to withhold anticipated Liquidated Damages in
accordance with paragraphs 13.15 and 13.17 hereof.
g) Failure to furnish Submittal as required by the Contract Documents on a timely basis in
accordance with the Submittal Register.
h) Such other reason as to the Designer may appear prudent, proper, or equitable. When
grounds for withholding certification have been corrected, the Designer shall so certify to the
Owner and the Owner shall make any payment due with respect to such certification as a part of
his next payment after such certification.
20.6 No certificate issued or progress payment made shall constitute an acceptance of the Work
or any part thereof.
20.7 The amount certified by the Designer for payment shall be ninety-five percent(95%) of the
value of Work completed and materials stored since the Designer's last certification as shown
on the Request for Payment, less any amounts not certified in accordance with paragraph 20.4,
and this amount shall be paid by the Owner on or before the last business day of the month, but
payment shall not be past due until not paid within fifteen (15) days thereafter.
20.8 After certification by the Designer that the Work is fifty percent(50%) complete, based on a
determination that the Contractor's gross project invoices, excluding the value of materials
stored off-site, equal or exceed fifty percent(50%) of the value of the Contract, (except the
value of materials stored on-site shall not exceed twenty percent(20%) of the Contractor's gross
project invoices for the purpose of determining whether the Project is fifty percent(50%)
complete)and the Contractor has provided to the Owner the written consent of its sureties to
the cessation of further percentage retention, the amount certified for payment with respect to
subsequent Requests for Payment shall be one hundred percent(100%) of the value of Work
completed and materials stored since the Designer's last certification as shown on the Request
for Payment, less any amounts not certified in accordance with paragraphs 20.4 and 20.5;
provided, however, that the aggregate of periodic payments shall not exceed ninety-seven and
one half percent(97.5%) of the Contract Price. If the Owner determines that the Contractor's
performance under the Contract is unsatisfactory, the Owner may resume withholding
percentage retention from each subsequent periodic payment application up to the maximum
amount of five percent(5%)of the Contract Price.
ARTICLE 21. FINAL PAYMENT
Revised 9/13
Attachment#1
40
21.1 If the Work of the Contractor is limited to demolition, pilings, caissons and/or structural
steel,the remaining unpaid balance of the Contractor's Contract Price, less a sum equal to five-
tenths percent(0.5%)of the Contract Price, shall be paid within sixty days following receipt of
the following documents, all of which must be received before payment shall become due: (i)
request for payment from the Contractor; (ii) receipt of consent from the Contractor's surety to
the payment; and (iii)approval or certification from the Designer that the work performed by the
Contractor is acceptable and in accordance with the Contract Documents.
21.2 Except as set forth in paragraph 21.1,within forty five days after Substantial Completion of
the Project,the remaining unpaid balance of the Contract Price shall be paid to the Contractor,
less an amount equal to two and one-half times the value of punch list work or other work
remaining to be completed or corrected, as reasonably estimated by the Owner.
21.3 Upon Substantial Completion,the Designer shall prepare and submit to the Contractor a
deficiency list identifying all portions of the Work which are known by the Designer at that time
to be incomplete or defective.Within thirty(30)days of receipt of this deficiency list, the
Contractor shall complete and correct all items on that list along with all other Work required to
achieve Final Completion of the Work. At any time prior to completion of the period of warranty,
the Designer may submit to the Contractor a supplemental deficiency list, in which case the
Contractor shall complete or correct any and all new items identified on the supplemental
deficiency list within the time period stipulated in paragraph 18.3.
21.4 Final Payment of any remaining balance of the Contract Price shall not be due to the
Contractor until the Contractor achieves Final Completion of the Project.
21.5 The making and acceptance of Final Payment shall constitute a waiver of all claims by the
Owner except:
a) Claims arising from unsettled liens or claims against the Contractor.
b) Defective Work or materials appearing after Final Payment.
c) Failure of the Contractor to perform the Work in accordance with the Contract Documents.
d)As conditioned in the Performance Bond.
e) Claims made prior to Final Payment which remain unsettled.
f)Amounts due arising under Articles 18 and 28.
g) Claims for recovery of overpayment based upon incorrect measurement, estimate, or
certificate.
21.6 The making and acceptance of Final Payment shall constitute a waiver of all claims by the
Contractor except those claims previously made in writing pursuant to paragraph 15.2 and
not finally resolved.
Revised 9/13
Attachment#1
41
21.7 The Designer shall not authorize Final Payment until all of the Work under the Contract
Documents has been certified by the Designer as completed, proper and suitable for occupancy
and use, and has been approved by all federal, state and local agencies having jurisdiction.
21.8 The final Request for Payment shall be identified on its face as such and shall be
presented by the Contractor to the Designer within thirty(30)days of completion of the Work.
Final payment of the retained amount due the Contractor shall be made by the Owner within
thirty(30)days after the later of(i)full and Final Completion of all Work required by the Contract
Documents, and certification of such Work in accordance with paragraph 20.4; (ii)submission of
the affidavits of other documentation required by Article 22; (iii)submission by the Contractor of
a Request for Payment identified on its face as final and including the Designer's certification.
ARTICLE 22.CONTRACTOR, SUBCONTRACTOR AND SUPPLIER AFFIDAVIT
22.1 The Final Payment due the Contractor on account of the Contract Documents shall not
become due until the Contractor has furnished to the Owner through the Designer: (A) an
affidavit by the Contractor signed, sworn, and notarized to the effect that all payments for
materials, services,or for any other reason in connection with the Work or performance of the
Contract Documents have been satisfied and that no claims or liens exist against the Contractor
in connection with the same; (B)affidavits from each Subcontractor and supplier signed, sworn,
and notarized to the effect that(i)each such Subcontractor or supplier has been paid in full by
the Contractor for all Work performed and/or materials supplied by him in connection with the
Project, and (ii)that all payments for materials, services, and for any other reason in connection
with the subcontract or supply contract have been satisfied and that no claims or liens exist
against the Subcontractor or supplier in connection therewith; and (C)the written consent of the
Contractor's sureties to Final Payment. In the event that the Contractor cannot obtain an
affidavit, as required above, from any Subcontractor or supplier, the Contractor shall state in the
Contractor's affidavit that no claims or liens exist against such Subcontractor or supplier to the
best of the Contractor's knowledge, and that if any appear afterwards, the Contractor shall save
the Owner harmless for all costs and expenses, including attorneys'fees, on account thereof.
ARTICLE 23.ASSIGNMENTS AND SUBCONTRACTS
23.1 The Contractor shall not assign any portion of this Agreement nor subcontract the Work in
its entirety without the prior written consent of the Owner. Except as may be required under
terms of the bonds required by the Contract Documents, no funds or sums of money due or to
become due to the Contractor under the Contract Documents may be assigned.
ARTICLE 24. MEASUREMENTS
24.1 Before ordering material or doing Work which is dependent for proper size or installation
upon coordination with building conditions, the Contractor shall verify all dimensions and shall
be responsible for the correctness of same. No consideration will be given for any claim based
on differences between the actual dimensions and those indicated in the Contract Documents.
Any discrepancies between the Contract Documents and the existing conditions shall be
referred to the Designer for adjustment before any Work affected thereby is begun.
ARTICLE 25. CONTRACTOR AND SUBCONTRACTOR RELATIONSHIPS
Revised 9/13
Attachment#1
42
25.1 Within thirty(30) days after initial receipt of the Construction Contract for signatures the
Contractor shall submit to the Designer and Owner for acceptance a current list of the names of
Subcontractors and such other persons and organizations(including those who are to furnish
materials or equipment fabricated to a special design) proposed for any and all portions of the
Work. The Contractor shall provide this list at this time even if the Contractor was required to
submit a list of proposed Subcontractors with the Contractor's bid. The Designer shall promptly
reply to the Contractor in writing stating whether or not the Owner or the Designer, after due
investigation, has objection to any such proposed person or entity or if it needs additional
information to evaluate the persons on the list. Failure of the Designer to reply within ten (10)
days after the Contractor has furnished all required information shall constitute notice of no
objection.
The Contractor shall not contract with any such proposed person or entity to whom the Owner
or the Designer has made reasonable objection. If the Designer or Owner has reasonable
objection to any such proposed person or entity, the Contractor shall submit a substitute to
whom the Owner and the Designer have no reasonable objection. The Contractor shall make no
substitution for any Subcontractor, person, or entity previously allowed without first notifying the
Designer and Owner in writing and no substitution may be made if the Owner or Designer
makes a reasonable objection to such substitution.
25.2 The Contractor agrees that the terms of the Contract Documents, including all portions
thereof, shall apply to all Subcontractors of the Contractor as if they were the Contractor, and
that the Subcontractors of the Contractor shall, by means of their subcontracts, be bound by all
the terms of the Contract Documents including, but not limited to, Article 26 of these General
Conditions.
25.3 Payments to Subcontractors shall be made in accordance with the provisions of N.C. Gen.
Stat. §143-134.1.
ARTICLE 26. USE OF PREMISES
26.1 The Contractor shall confine apparatus,the storage of materials,the operations of workers,
and the disposal of material to limits indicated by law, ordinances, permits, and directions of the
Designer, if any.
26.2 The Contractor shall not load or permit any part of the Work to be loaded with a weight that
will endanger its safety, intended performance, or configuration.
26.3 The Contractor shall enforce all of the Designer's instructions, including, but not limited to,
those regarding signs, advertisements, fires, and smoking.
ARTICLE 27.CUTTING, PATCHING AND FITTING
27.1 The Contractor shall do all cutting, fitting, and patching of the Work that may be required to
make its several parts come together properly and fit it to receive or to be received by Work
shown in or which can be reasonably implied from the Contract Documents.
ARTICLE 28. DISPUTE RESOLUTION
Revised 9/13
Attachment#1
43
28.1 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 Orange 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. Prior to initiating an action under this Article, any Party to this Agreement shall
notify the other Party of its intent to initiate a mediation process. In any such mediation process
the Parties should agree upon a North Carolina certified mediator. Should the Parties be unable
to agree upon a mediator within fifteen (15) days of the notice of intent to initiate a mediation
process Orange County may select such mediator. The Parties shall be jointly responsible for
the costs of any such mediation. In the event the Parties are unable to resolve any dispute
resulting in mediation pursuant to this Article then either Party to the mediation may initiate
action in the General Court of Justice. Regardless of the outcome of any dispute each Party
shall be responsible for its own legal costs including reasonable attorneys'fees.
28.2 Any person or firm that expressly or impliedly agrees to perform labor or services or to
provide material, supplies, equipment, work, performance or payment bonds, insurance or
indemnification for the construction of the Project or the Work shall be deemed a party to this
Agreement solely for the purpose of this Article 28. The Contractor, by means of its
subcontracts, shall specifically require its Subcontractors to be bound by this Article.
ARTICLE 29.TAXES
29.1 The Contractor has included in the Contract Price and shall pay all taxes assessed by any
authority on the Work or the labor and materials used therein. The Contractor shall maintain all
tax records during the life of the Project and furnish the Owner with a complete listing of all
taxes paid by taxing authority, invoice number, date, amount, etc. in a form acceptable to the
Owner. The Contractor is required to maintain a file showing taxes paid on the Project for three
(3)years after Final Payment or turn said documents over to the Owner for his files.
29.2 The following is a list of requirements to be followed by the Contractor in maintaining
proper records and reporting the North Carolina Sales and Use Tax and Local Sales and Use
Tax. The Contractor shall comply fully with the requirements outlined below, in order that the
Owner may recover the amount of the tax permitted under the law.
a) It shall be the Contractor's responsibility to furnish the Owner documentary evidence showing
the materials used and sales and use tax paid by the Contractor and each of his
Subcontractors. Such evidence shall be transmitted to the Owner with each pay request
regardless of whether taxes were paid in that period.
b)The documentary evidence shall consist of a certified statement by the Contractor and each
of the Contractor's Subcontractors individually, showing total purchases of materials from each
separate vendor and total sales and use taxes paid to each vendor. Certified statements must
show the invoice number, or numbers, covered, and inclusive dates of such invoices.
c) Materials used from Contractor's or Subcontractor's warehouse stock shall be shown in a
certified statement at warehouse stock prices.
d)The Contractor shall not be required to certify the Subcontractor's statements.
Revised 9/13
Attachment#1
44
ARTICLE 30. OPERATION OF OWNER'S FACILITIES
30.1 The Contractor agrees that all Work done under the Contract Documents shall be carried
on in such a manner so as to ensure the regular and continuous operation of the adjoining or
adjacent facilities. The Contractor further agrees that the sequence of operations under the
Contract Documents shall be scheduled and carried out so as to ensure said regular and
continuous operation.The Contractor shall not close any areas of construction until so
authorized by the Designer. The Contractor shall control operations to assure the least
inconvenience to the public. Under all circumstances, safety shall be the most important
consideration.
ARTICLE 31.THIRD PARTY BENEFICIARY CLAUSE
31.1 It is specifically agreed between the parties executing the Agreement that,with the specific
exception set forth paragraph 7.24 hereof, and that exception only, the Contract Documents and
the provisions therein are not intended to make the public, or any member thereof, a third-party
beneficiary of the Agreement, or to authorize anyone not a party to the Contract Documents to
maintain a suit for personal injuries or property damage pursuant to the terms of provisions of
the Contract Documents.
ARTICLE 32. MEASUREMENT OF QUANTITIES
32.1 All Work completed under the Contract Documents shall be measured by the Contractor
using United States customary units of measurement. The method of measurement and
computations to be used in determination of quantities of material furnished and of Work
performed under the Contract Documents shall be those methods set forth in the Contract
Documents or, if not specifically set forth therein, the method generally recognized as
conforming to good engineering practice.
ARTICLE 33.TERMINATION BY THE OWNER FOR CAUSE
33.1 If the Contractor fails to begin or complete the Work under the Contract Documents within
the time specified, or fails to perform the Work with sufficient labor and equipment or with
sufficient materials to insure the prompt completion of said Work, or shall perform the Work
unsuitably or shall discontinue the prosecution of the Work for three (3)days, or if the
Contractor shall become insolvent, be declared bankrupt, commit any act of bankruptcy or
insolvency, allow any final judgment to stand against the Contractor or its affiliated companies
unsatisfied for a period of forty-eight(48) hours, make an assignment for the benefit of creditors,
or for any other cause whatsoever shall not carry on the Work in an acceptable manner, the
Owner may give notice in writing to the Contractor and the Contractor's sureties of such delay,
neglect, or default, specifying the same, and if the Contractor within a period of three (3)days
after such notice shall not proceed in good faith and with reasonable speed to correct such
delay, neglect, or default in accordance with such notice, the Owner shall have full power and
authority, to the extent permitted by law, without violating the Contract Documents,to take the
prosecution of the Work out of the hands of the Contractor, to appropriate or use any or all
materials and equipment at the Project as may be suitable and acceptable, and may enter into
an agreement for the completion of the Work or pursue such other methods as in the Owner's
opinion shall be necessary or appropriate for the completion of the Work in an acceptable
Revised 9113
Attachment#1
45
manner. All costs and charges incurred by the Owner in proceeding in accordance with the
preceding sentence, including attorney's fees, and all costs incurred by the Owner in completing
the Work shall be deducted from any money due or which becomes due the Contractor. If such
costs and expenses incurred by the Owner shall be less than the sum which would have been
payable under Contract Documents if it had been completed by the Contractor, then the
Contractor shall be entitled to receive the difference, but if such costs and expenses shall
exceed the sum which would have been payable under the Contract Documents, the Contractor
and the Contractor's surety shall be liable to the Owner for and shall pay to the Owner the
amount of such excess.
ARTICLE 34.TERMINATION OR SUSPENSION BY THE OWNER FOR CONVENIENCE
34.1 The Owner may, without cause, order the Contractor to terminate, suspend, delay, or
interrupt the Work in whole or in part for such period of time as the Owner may determine.
34.2 If the Contractor is subsequently ordered by the Owner to resume the Work, any cost or
expenses to which the Contractor may be entitled by reason of the suspension, delay, or
interruption shall be recovered by means of a Change Order in accordance with Articles 13 and
14 hereof and the Contract Construction Schedule shall be adjusted in accordance with Article
13 hereof.
34.3 In the event of termination by the Owner under this Article, the Contractor shall be entitled
to receive the reasonable and documented direct costs incurred prior to termination, including
the cost of materials purchased for the Work which purchases cannot be canceled or which
material cannot reasonably be used by the Contractor on other work, and the cost of closing
down the Project in a safe and efficient manner, plus ten percent(10%)thereof for overhead
and profit, subject to the following conditions:
a)When the Contract is terminated before completion of all items of Work, payment shall be
made for the actual number of units or items of Work completed at the applicable contract
prices, or as mutually agreed for items of Work partially complete. If a mutual agreement cannot
be reached,the Owner shall have the authority to make such equitable adjustment as it deems
warranted and the Final Payment shall be made accordingly.
b) Reimbursement for organization of any Work and moving equipment to and from the job shall
be considered when not otherwise provided for in the Contract Documents where the volume of
completed Work is too small to compensate the Contractor for those expenses under unit
prices. If a mutual agreement cannot be reached, the Owner will have the authority to make
such equitable adjustments as it deems warranted and the Final Payment will be made
accordingly.
c) Materials obtained by the Contractor for the Work that have been inspected and accepted by
the Designer and that are not incorporated in the Work shall, at the request of the Contractor, be
purchased from the Contractor at the Contractor's actual cost as shown by receipted bills and
actual costs records at such points of delivery as may be determined by the Owner.
d) No payment shall be made by Owner to Contractor except as herein above provided. No
claim for loss of anticipated profits shall be considered or allowed.
Revised 9/13
Attachment#1
46
e)Termination of the Contract shall not relieve the Contractor of his responsibilities for any
completed portion of the Work nor shall it relieve his sureties of their obligation for and
concerning any just claims arising out of the Work performed. The Contractor shall not be
entitled to any other compensation, including compensation for lost profit, lost opportunity, or
any other direct or consequential cost, loss, or damage.
ARTICLE 35 MINORITY BUSINESS ENTERPRISE PROGRAM
35.1 The Contractor shall at all times comply with the Orange County Minority Business
Enterprise Policy. All documentation substantiating compliance with the requirements of this
program shall be delivered to the Owner as stipulated in the Contract Documents. A copy of the
Orange County Minority Business Enterprise Policy is included in the Project Manual.
ARTICLE 36 E-VERIFY
36.1 Pursuant to the terms of North Carolina General Statute 153A-449(b) no county may enter
into a contract with a contractor unless the contractor and the contractor's subcontractors
comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes.
Where applicable,failure to maintain compliance with the requirements of Article 2 of Chapter
64 of the General Statutes constitutes Contractor's breach of this Agreement. Contractor
affirms Contractor is in compliance with Article 2 of Chapter 64 of the North Carolina General
Statutes.
ARTICLE 37 GENERAL
37.1 If any provision of the Agreement shall be declared invalid or unenforceable, the remainder
of the Agreement shall continue in full force and effect.
37.2 The titles to Articles herein are for convenience only, are not substantive parts of the
General Conditions, and are not to be considered in interpreting the Contract Documents.
END OF GENERAL CONDITIONS OF THE CONTRACT FOR
CONSTRUCTION
Revised 9/13
Attachment#1
[Departmental Use Only]
TITLE
FY
NORTH CAROLINA
CONSTRUCTION AGREEMENT OVER$250,000.00
ORANGE COUNTY
THIS CONSTRUCTION AGREEMENT(hereinafter called "Agreement"), made as of the day
of , 20 , by and between , (hereinafter called the "Contractor"), and Orange County, a body
politic and a political subdivision of the State of North Carolina, (hereinafter called the"Owner").
WITNESSETH:
That the Contractor and the Owner,for the consideration herein named,agree as follows:
1. CONTRACT DOCUMENTS; PRIORITY
The Contract Documents consist of this Agreement, the General Conditions which are fully
incorporated in this Agreement, the Request for Proposals, designer approved communications and/or field
orders, the Proposal, Construction Documents and Drawings and Written Specifications. The Contract
Documents form the Contract. In the event of any inconsistency between or among the Contract Documents
the Contract Documents shall be interpreted in the following order of priority:
a. This Agreement with incorporated General Conditions.
b. Designer approved and stamped construction documents and drawings and written
specifications.
c. Designer approved communications and/or field orders.
d. Request for Proposals and addenda thereto.
e. Proposal.
2. SCOPE OF WORK
The Contractor shall furnish and deliver all of the materials, and perform, and be fully responsible
for all of the Work required by this Agreement within the time period stipulated in a written Notice-to-Proceed
to be executed by the Contractor and Owner and in accordance with the following enumerated documents,
which are made a part hereof as if fully contained herein:
a. Construction Drawings prepared by (Sheet dated )
b. Written specifications prepared by the Designer.
C. proposal dated , 20 which fully describes the work to be performed, such
work(hereinafter called the "Work").
d. Related documents listed under Section 2 above.
3. TERM AND SCHEDULING
a. The Contractor agrees to commence work pursuant to the written Notice-to Proceed.
Revised 1114
Attachment#1
b. The Contractor agrees to complete substantially all Work included by ,20
c. Time is of the essence with respect to all dates specified in the Contract Documents as
Completion Dates.
d. The Contractor shall perform the Work in the time, manner and form required by the Contract
Documents and as stipulated in a written Notice-to-Proceed to be executed by the Contractor
and Owner.
4. STANDARD OF CARE AND DUTIES OF CONTRACTOR
a. The Contractor shall exercise reasonable care and diligence in performing the Work in
accordance with the generally accepted standards of this type of Contractor practice throughout
the United States and in accordance with applicable federal, state and local laws and
regulations applicable to the performance of these services. Contractor is solely responsible
for the professional quality, accuracy and timely completion and/or submission of all work.
b. The Contractor shall not load or permit any part of the Work to be loaded with a weight that
will endanger its safety, intended performance or configuration.
c. Contractor shall be responsible for all Contractor, Subcontractor, and Sub-subcontractor errors
or omissions, in the performance of the Agreement together with the errors and omissions of
any agent or employee of the Contractor or any Subcontractor or Sub-subcontractor.
Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or
conflicts at no additional cost to the Owner.
d. Contractor is an independent contractor of Owner. Any and all employees of the Contractor
engaged by the Contractor in the performance of any work or services required of the
Contractor under this Agreement, shall be considered employees or agents of the Contractor
only and not of the Owner, and any and all claims that may or might arise under any workers
compensation or other law or contract on behalf of said employees while so engaged shall be
the sole obligation and responsibility of the Contractor.
e. Contractor agrees that Contractor, its employees, agents and its subcontractors, if any, shall be
required to comply with all federal, state and local antidiscrimination laws, regulations and
policies that relate to the performance of Contractor's services under this Agreement.
f. If activities related to the performance of this Agreement require specific licenses,
certifications, or related credentials Contractor represents that it and/or its employees, agents
and subcontractors engaged in such activities possess such licenses, certifications, or
credentials and that such licenses certifications, or credentials are current, active, and not in a
state of suspension or revocation.
g. The Contractor shall supervise and direct the Work efficiently and with the Contractor's best
skill and attention. Except as specifically set forth in the Contract Documents the Contractor
shall be solely responsible for the means, methods, techniques, sequences and procedures of
construction, and for safety precautions and programs in connection with the Work. The
Contractor shall be responsible to see that the finished Work complies accurately with the
Contract Documents.
h. The Contractor shall appoint a competent Project Manager with general authority to manage
Revised 1/14 2
Attachment#1
the Project for the Contractor. The Contractor shall also keep on the Project at all times during
the Work of the Contractor a competent Resident Superintendent and necessary assistants who
shall not be replaced without prior written approval by the Designer or by the Owner if a
Designer is not retained for the Project.
L If, in the opinion of the Designer,any Subcontractor on the Project is incompetent or otherwise
unsatisfactory, such Subcontractor shall be replaced by the Contractor with no increase in the
Contract Price if and when directed by the Designer.
j. The Contractor shall attend all progress conferences and all other meetings or conferences.
The Contractor shall be represented at these progress conferences by a representative having
the authority of the Project Manager and by such other representatives as the Designer may
direct.
k. Costs and expenses of providing samples for and assistance in any testing shall be borne by the
Contractor. Any Work in which untested materials are used without approval or written
permission of the Owner and/or Designer shall be removed and replaced at Contractor's
expense.
5. PAYMENT&TAXES
a. 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 a sum not-to-
exceed Dollars ($ ). Not later than the fifth(5th) day of each calendar month the
Contractor shall submit to the Owner's Representative, generally the Designer if a Designer is
retained on the Work, a Request for Payment for work done during the previous calendar
month.
(i) The Request for Payment shall be in form of a standardized invoice or AIA Document
G702-703 appropriately addressed to Owner's Representative at and shall show
substantially the value of work done during the previous calendar month.
(ii) The amount due for payment shall be ninety-five percent (95%) of the value of work
completed since the last Request for Payment and this amount shall be paid by the
Owner on or before the last business day of the month. Owner shall retain five percent
(5%)(the"Retainage").
(1) Upon Owner's Representative's certification that fifty percent (50%) of the
Work has been satisfactorily completed Retainage shall be reduced to two and
one half percent(2%%).
(2) Upon Owner's Representative's certification that ninety percent (90%) of the
Work has been satisfactorily completed Retainage may be discontinued.
Retainage may be discontinued, at Owner's Discretion, so long as work
continues to be completed satisfactorily and on schedule.
(iii) Final payment shall not be due to the Contractor until thirty (30) days after Final
Completion of the Work, including punch list work, has been satisfactorily completed
and an appropriate Affidavit, Indemnification, and Release as required in Section 8(d)
below has been received by Owner.
Revised 1/14 3
Attachment#1
b. Should Owner reasonably determine that Contractor has failed to perform the Work related to
a Request for Payment, Owner, at its discretion may provide the Contractor ten (10) days to
cure the breach. Owner may withhold the accompanying payment without penalty until such
time as Contractor cures the breach.
(i) Should Contractor or its representatives fail to cure the breach within ten(10)days, or
fail to reasonably agree to such modified schedule, Owner may immediately terminate
this Agreement in writing, without penalty or incurring further obligation to
Contractor.
(ii) This section shall not be interpreted to limit the definition of breach to the failure to
perform the Work related to a Request for Payment.
c. The Contractor has included in the Contract Price and shall pay all taxes assessed by any
authority on the Work or the labor and materials used therein. It shall be the Contractor's
responsibility to furnish the Owner documentary evidence showing the materials used and
sales and use tax paid by the Contractor and each of its subcontractors.
d. Should the Owner receive notice that the Contractor has failed to pay a Subcontractor for the
Work performed related to a Request for Payment, Owner shall have the authority to withhold
payment of the disputed amount until parties resolve their dispute. Failure to pay the
Contractor pursuant to this section of the Agreement shall not be deemed to be a breach of the
Agreement.
6. NON—APPROPRIATION
a. Contractor acknowledges that Owner is a governmental entity, and the validity of this
Agreement is based upon the availability of public funding under the authority of its statutory
mandate.
b. In the event that public funds are unavailable and not appropriated for the performance of
Owner's obligations under this Agreement, then this Agreement shall automatically expire
without penalty to Owner immediately upon written notice to Contractor of the unavailability
and non-appropriation of public funds. It is expressly agreed that Owner shall not activate this
non-appropriation provision for its convenience or to circumvent the requirements of this
Agreement,but only as an emergency fiscal measure during a substantial fiscal crisis.
c. In the event of a change in the Owner's statutory authority, mandate and/or mandated
functions, by state and/or federal legislative or regulatory action, which adversely affects
Owner's authority to continue its obligations under this Agreement, then this Agreement shall
automatically terminate without penalty to Owner upon written notice to Contractor of such
limitation or change in Owner's legal authority.
7. NOTICES
Any notice required by this Agreement shall be in writing and delivered by certified or registered mail,
return receipt requested to the following:
Owner: Contractor:
Orange County
Attn:
P.O. Box 8181
Revised 1/14 4
Attachment#1
Hillsborough,NC 27278
8. MISCELLANEOUS
a. Duties and Obligations imposed by the Contract Documents shall be in addition to any Duties
and Obligations imposed by state,federal or local law,rules,regulations and ordinances.
b. No act or failure to act by the Owner or Contractor shall constitute a waiver of any right or
duty granted them under the Contract Documents, nor shall any act or failure to act constitute
any approval except as specifically agreed in writing.
c. The Work shall be tested and inspected as required by the Contract Documents and as required
by law. Unless prohibited by law the costs of all such tests and inspections related to state and
federal codes such as ADA, Administrative, Electrical, Plumbing, Mechanical and Building
Codes shall be borne by the Contractor. The costs for material and structural testing shall be
conducted by an independent third party at the expense of the Owner. Delays related to any of
the aforementioned tests and inspections shall not be grounds for delaying the completion of
the work. If any such tests and inspections reveal deficiencies in the Work such that the Work
does not comply with terms or requirements of the Contract Documents and/or the
requirements of any code or law the Contractor is solely responsible for the cost of bringing
such deficiencies into compliance with the terms of the Contract Documents and/or any code
or law.
d. Should the Designer, if a Designer is retained for the project involving the Work, or Owner
reject any portion of the Work for failing to comply with the Contract Documents Contractor
shall immediately, at Contractor's expense, correct the Work. Any such rejection may be
made before or after substantial completion. If applicable, any additional expense borne by the
Designer under this section shall be paid at Contractor's expense.
e. The Contractor shall not assign any portion of this Agreement nor subcontract the Work in its
entirety without the prior written consent of the Owner.
9. CONSEQUENTIAL DAMAGES
a. Owner and Contractor mutually waive any claim against each other for consequential damages.
Consequential Damages include:
(i) Damages incurred by Owner for loss of use,income,financing,or business.
(ii) Damages incurred by Contractor for office expenses, including personnel, loss of
financing, profit, income, business, damage to reputation, or any other non-direct
damages.
10. ENTIRE AGREEMENT
All of the documents listed,referenced or described in this Agreement,the written Notice-to-Proceed,
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 Contract Documents constitute the entire agreement between Owner and Contractor. This
Agreement may be amended only by written instrument signed by both parties. Modifications may be
evidenced by facsimile signatures. If any provision of the Agreement shall be declared invalid or
unenforceable,the remainder of the Agreement shall continue in full force and effect.
Revised 1114 5
Attachment#1
[SIGNATURE PAGE TO FOLLOW]
Revised 1/14 6
Attachment#1
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.
ORANGE COUNTY CONTRACTOR
Signature Signature
Printed Name and Title
Attest:
Donna Baker,Clerk to the Board
This instrument has been approved as to technical content.
Department Director
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal
Control Act.
Office of the Chief Financial Officer
This instrument has been approved as to legal form and sufficiency.
Office of the County Attorney
Revised 1/14 7
Attachment#1
PERFORMANCE BOND
Date of Contract:
Date of Execution:
Name/Address of Principal:
(Contractor)
Name/Address of Surety:
Name/Address of Contracting Body:
Amount of Bond (Printed):
Project:
KNOW-ALL MEN BY THESE PRESENTS, that we, the PRINCIPAL and
SURETY above named, are held and firmly bound unto the above 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 undersigned representative, pursuant to authority of its
governing body.
Attachment#1
Executed in counterparts.
Witness:
(Contractor: Trade or Corporate Name)
By:
(Proprietorship or Partnership)
Attest: (Corporation) Title:
(Owner, Partner, or Corp. Pres.
or Vice Pres. Only)
By:
Title:
(Corp Sec or Asst Sec Only)
(Corporate Seal)
(Surety Company)
Witness: By:
Title:
(Attorney in Fact)
Countersigned:
(Surety Corporate Seal)
(N.C. Licensed Resident Agent)
(Name and Address - Surety Agency)
(Surety Company Name and NC Regional
or Branch Office Address)
Attachment#1
PAYMENT BOND
Date of Contract:
Date of Execution:
Name/Address of Principal:
(Contractor)
Name/Address of Surety:
Name/Address of Contracting Body:
Amount of Bond (Printed):
Project:
KNOW ALL MEN BY THESE PRESENTS, that we, the PRINCIPAL and
SURETY above named, are held and firmly bound unto the above 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 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 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 undersigned representative, pursuant to authority of its
governing body.
Executed in counterparts.
Attachment#1
Witness:
(Contractor: Trade or Corporate Name)
By:
(Proprietorship or Partnership)
Attest: (Corporation) Title:
(Owner, Partner, or Corp. Pres.
or Vice Pres. Only)
By:
Title:
(Corp Sec or Asst Sec Only)
(Corporate Seal)
(Surety Company)
Witness: By:
Title:
(Attorney in Fact)
Countersigned:
(Surety Corporate Seal)
(N.C. Licensed Resident Agent)
(Name and Address - Surety Agency)
(Surety Company Name and NC Regional
or Branch Office Address)
Attachment#1
REQUEST FOR SUBSTITUTION
TO: Ben Burke
President, Burke Design Group, PA
Email Work : benburke @nc.rr.com
FROM:
Name of manufacturer
Street address
City and state
Phone number and name of person to contact
PROJECT: Name: Sportsplex Renovations
City, State: Hillsborough, North Carolina
1. Specification Section and Paragraph numbers of product specified
2. Proposed Substitute
A. Name and Model No.:
B. Description:
C. Attach applicable Submittals as required by the referenced Specification
Section, i.e. Product Data, Materials List, Shop Drawings, Samples, Design
Data, Test Reports, and Certificates. Attach Shop Drawings to the effect of the
proposed substitution on adjacent components of the Work.
D. Insert Numbers of applicable reference standards:
E. Attach a color chart, if applicable.
F. Attach installation instructions.
3. Manufacturer's Reputation: Attach the following:
A. Evidence of reputation for prompt delivery.
B. Evidence of reputation for efficiency in servicing products.
4. Comparison: Attach an itemized comparison of the proposed substitution with
product specified. Significant qualities may include elements such as size, weight,
durability, performance, and visual effects. _
5. Changes in Work: Attach data relating to changes required in other work to permit
use of proposed substitution and changes required in construction schedule and
overall contract time. Coordinate changes or modifications needed to other parts of
the Work and to construction performed by the Owner and separate Contractors that
will be necessary to accommodate the proposed substitution.
6. Cost Data: Attach accurate cost data on proposed substitution in comparison with
product specified.
Attachment#1
7. Previous Installation: Provide the following information on similar projects on which
proposed substitution was used, list projects in the locale of the project primarily and
then in other areas that best represent its application on this project:
Name and Address Date of Name, Address, and
of Pr "e Installation Phone # of Architect
A.
B.
C.
D.
8. In making a request for substitution, the Manufacturer represents that:
A. He has examined the Drawings and Specifications and has determined that, to
the best of his knowledge, the proposed substitution is appropriate for the use
intended in the Drawings and Specifications.
B. He will provide the same or better warranty for substitution as for product or
method specified.
C. The product is equal or better in quality and serviceability to the specified item.
Name of Manufacturer and signature of Manufacturer's Rep. Date
Name of Contractor and signature Date
END OF SECTION
Attachment#1
FORM OF BID BOND
KNOW ALL MEN BY THESE PRESENTS THAT
as
principal, and as surety, who
is duly licensed to act as surety in North Carolina, are held and firmly bound unto Orange
County as obligee, in the penal sum of DOLLARS,
lawful money of the United States of America, for the payment of which, well and truly to be
made, we bind ourselves, our heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents.
Signed, sealed and dated this day of 20_
WHEREAS, the said principal is herewith submitting proposal for
and the principal desires to file this bid bond in lieu of making
the cash deposit as required by G.S. 143-129.
NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION is such, that
if the principal shall be awarded the contract for which the bid is submitted and shall
execute the contract and give bond for the faithful performance thereof within ten days
after the award of same to the principal, then this obligation shall be null and void; but if the
principal fails to so execute such contract and give performance bond as required by G.S.
143-129, the surety shall, upon demand, forthwith pay to the obligee the amount set forth
in the first paragraph hereof. Provided further, that the bid may be withdrawn as provided
by G.S. 143-129.1
(SEAL)
(SEAL)
(SEAL)
(SEAL)
(SEAL)
Attachment#1
FORM OF PROPOSAL
Sportsplex Renovation &Addition Contract:
Orange County Bidder:
Date:
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 the contract
documents relative thereto, 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 Owner in the form of contract
specified, to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation and
labor necessary to complete all construction of the subject project in accordance with the Drawings, Specifications,
and Contract Documents, to the full and entire satisfaction of the Owner and the Architect, 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.
SINGLE PRIME CONTRACT
Base Bid:
Dollars($)
General Subcontractor: Plumbing Subcontractor:
Lic Lic
Mechanical Subcontractor: Electrical Subcontractor:
Lic Lic
GS143-128(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 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 non-responsive 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.
The bidder further proposes and agrees hereby to commence work under this contract on a date to be specified in
a written order of the designer and shall fully complete all work thereunder within the time specified in the General
Conditions Article 13. Applicable liquidated damages amount is also stated in the General Conditions Article 13.
Attachment#1
Proposal Sianature Paae
The undersigned further agrees that in the case of failure on his part to execute the said contract and the bonds
within ten (10) consecutive calendar days after being given written notice of the award of contract, the certified
check, cash or bid bond accompanying this bid shall be paid into the funds of the owner's account set aside for the
project, as liquidated damages for such failure; otherwise the certified check, cash or bid bond accompanying this
proposal shall be returned to the undersigned.
Respectfully submitted this day of
(Name of firm or corporation making bid)
WITNESS: By:
Signature
Name:
(Proprietorship or Partnership) Print or type
Title
(Owner/Partner/Pres.N.Pres)
Address
ATTEST:
By: License No.
Title: Federal I.D. No.
(Corp.Sec.or Asst.Sec.only)
Email Address:
(CORPORATE SEAL)
Addendum received and used in computing bid:
Addendum No. 1 Addendum No. 3 Addendum No. 5 Addendum No. 6
Addendum No. 2 Addendum No. 4 Addendum No. 6 Addendum No. 7
Attachment#1
GUIDELINES FOR RECRUITMENT AND SELECTION OF MINORITY BUSINESSES
These guidelines were adapted for use on this project by the County of Orange from the
"Guidelines for Recruitment and Selection of Minority Businesses for Participation in State
Construction Office Projects", developed by the State Construction Office.
In accordance with G.S. 143-128.2(SB 914 ratified December 6, 2001),the County of Orange
has enacted a verifiable ten percent(10%)minority business participation goal for the total
monetary value of this project. These guidelines are published to accomplish that end.
SECTION 1: INTENT
It is the intent of these guidelines that the County of Orange, as awarding authority for
construction projects, and the contractors and subcontractors performing the construction
contracts awarded shall cooperate and in good faith do all things legal,proper and reasonable to
achieve the statutory goal of ten percent for participation by minority businesses in each
construction project permitted by SB 914. Nothing contained in these guidelines shall be
considered to require awarding authorities to award contracts or to make purchase of materials or
equipment from minority-business contractors who do not submit the lowest responsible bid or
bids.
SECTION 2: DEFINITIONS
1. Minori -a person who is a citizen or lawful permanent resident of the United States and
who is:
a. Black,that is, a person having origins in any of the black racial groups in Africa;
b. Hispanic,that is,a person of Spanish or Portuguese culture with origins in
Mexico, South or Central America,or the Caribbean Islands,regardless of race;
C. Asian American,that is, a person having origins in any of the original peoples of
the Far East, Southeast Asia and Asia,the Indian subcontinent,the Pacific
Islands;
d. American Indian or Alaskan Native,that is, a person having origins in any of the
original peoples of North America;
e. Female.
f. "Socially disadvantaged individual", as defined in 15 U.S.C. 637. These are
individuals who have"been subjected to racial or ethnic prejudice or cultural bias
because of their identify as a member of a group without regard to their individual
qualities"; or
g. "Economically disadvantaged individual"as defined in 15 U.S.C. 637. This is an
individual "whose ability to compete in the free enterprise system has been
impaired due to diminished capital and credit opportunities as compared to others
in the same business who are not socially disadvantaged."
2. Minority Business -means a business:
a. In which at least fifty-one percent(51%) is owned by one or more minority
persons, or in the case of a corporation, in which at least fifty-one percent(51%)
of the stock is owned by one or more minority persons;and
Attachment#1
b. Of which the management and daily business operations are controlled by one or
more of the minority persons who own it.
3. Owner-The County of Orange.
4. Bidder-Any person, firm,partnership, corporation, association, or joint venture seeking
to be awarded a public contract or subcontract.
5. Contract-A mutually binding legal relationship or any modification thereof obligating
the seller to furnish equipment,material or services, including construction, and .
obligating the buyer to pay for them.
6. Contractor-Any person, firm, partnership, corporation, association, or joint venture
which has contracted with the County of Orange to perform construction work or repair.
7. Subcontractor-A firm under contract with the Prime Contractor for supplying materials
or labor and materials and/or installation. The subcontractor may or may not provide
materials in his subcontract. Work subcontracted in an emergency and which could not
have been anticipated is excluded as a part of this program.
8. Verifiable goal means that the awarding authority has adopted written guidelines
specifying the actions that the prime contractor must take to ensure a good faith effort in
the recruitment and selection of minority businesses for participation in contracts
awarded;the required actions must be documented in writing by the contractor to the
appropriate awarding authority.
SECTION 3: RESPONSIBILITIES
1. Minority Business Program of the County of Orange(hereafter referred to a Minority
Business Pro ram).
The Minority Business Program will establish a program pursuant to which it shall certify
to interested persons,businesses qualifying as Minority Business Enterprises(MBE).
The information solicited from the applicant will be used by the Minority Business
Program to:
a. Determine MBE certification, i.e.,that those certified are MBEs under GS 143-
128 as a contractor and/or subcontractor.
b. Identify those areas of work for which there are certified MBEs, as requested.
C. Provide interested parties with a list of prospective certified MBE contractors and
subcontractors.
d. Assist in the determination of technical assistance in the certification program that
needs to be provided.
In addition to being responsible for the certification of those small and emerging
businesses that want to participate,the Minority Business Program will:
1. Maintain a current list of certified MBEs of those certified. The list
furnished shall include the areas of work in which each MBE is interested.
2. Work with the North Carolina Association of Minority Businesses,the
Carolinas Branch AGC,the Carolina Electrical Contractors Association
and the North Carolina Association of Plumbing-Heating-Cooling
Contractors in developing and implementing a certification program
intended to improve the ability of MBE's to compete in this program.
2. Owner
Attachment#1
The owner will:
a. Attend the scheduled prebid conference.
b. Identify or determine those work areas of a contract where MBEs may have an
interest in performing contract work.
C. At least ten(10)days prior to the scheduled day of bid opening,the Owner will
notify certified MBEs of potential contracting opportunities listed in the proposal.
The notification will include the following:
1. A description of the work for which the bid is being solicited.
2. The date,time and location where bids are to be submitted.
3. The name of the individual within the agency/institution who will be
available to answer questions about the project.
4. Where bid documents may be reviewed.
5. Any special requirements that may exist, such as insurance, licenses,
bonds and financial arrangements.
If there are more than three(3)certified MBEs in the general locality of the project who
offer similar contracting or subcontracting services in the specific trade,the Owner shall
notify three(3) , but may contact more, if the Owner so desires.
d. Maintain documentation of any contacts, correspondence, or conversations with
MBE firms made in an attempt to meet the goals.
2. Prime Contractor
Under the single prime contract system,the prime contractor will_
a. Attend the scheduled prebid conference.
b. Identify or determine those work areas of a contract where MBEs may have an
interest in perfbrming contract work.
C. At least ten(10)days prior to the scheduled day of bid opening,notify certified
MBEs of potential contracting opportunities listed in the proposal. The
notification will include the following:
1. A description of the work for which the bid is being solicited.
2. The date,time and location where bids are to be submitted.
3. The name of the individual within the agency/institution who will be
available to answer questions about the project.
4. Where bid documents may be reviewed.
5. Any special requirements that may exist, such as insurance, licenses,
bonds and financial arrangements.
If there are more than three(3) certified MBEs in the general locality of the project who
offer similar contracting or subcontracting services in the specific trade,the Contractor
shall notify three(3) ,but may contact more, if the Contractor so desires.
d. During the bidding process,comply with the contractor(s) requirements listed in
the proposal for minority participation.
e. Submit with the bid a description of that portion of the work to be executed by
MBEs expressed as a percentage of the total price.
f. Identify the MBEs the bidder intends to use on the contract, along with the dollar
amount of the work to be performed by each minority business.
g. Submit an affidavit that details the good faith efforts taken to procure minority
business participation.
h. Upon being named the apparent low bidder,the bidder shall provide the necessary
Attachment#1
documentation as listed in the contract documents. Failure to comply with
procedural requirements as defined in contract documents may render that bid as
non-responsive and may result in rejection of the bid and award to the next lowest
responsible and responsive bidder.
L Upon being named apparent low bidder,the bidder shall provide an affidavit that
lists the proportion of the work to be performed by MBEs. If the MBEs do not
account for ten percent(10%)of the contract price,the bidder must submit an
affidavit that verifies the bidder's good faith efforts by certifying that it has
undertaken at least five of the following ten(10) steps:
1. Contacted minority businesses that reasonably could have been expected
to submit a quote and that were known to the contract or available on these
State or local government-maintained lists at least ten(10) days before the
bid or proposal date and notifying them of the nature and scope of the
work to be performed.
2. Made the construction plans, specifications,and requirements available for
review by prospective minority businesses,or providing these documents
to them at least ten(10)days before the bid proposals are due.
3. Broke down or combined elements of work into economically feasible
units to facilitate minority participation.
4. Worked with minority trade, community,or contractor organizations
identified by the Office of Historical Underutilized Businesses and
included in the bid documents that provided assistance in recruitment of
minority businesses.
5. Attended any prebid meetings scheduled by the public owner.
6. Provided assistance in getting required bonding or insurance or providing
alternatives to bonding or insurance for subcontractors.
7. Negotiated in good faith with interested minority businesses and did not
reject them as unqualified without sound reasons based on their
capabilities. Any rejection of a minority business based on lack of
qualifications should have the reasons documented in writing.
8. Provided assistance to an otherwise qualified minority business in need of
equipment, loan capital, lines of credit, or joint pay agreements to secure
loans, supplies, or letters of credit, including waiving credit that is
ordinarily required. Assisted minority businesses in obtaining the same
unit pricing with the bidder's suppliers in order to help the minority
businesses in establishing credit.
9. Negotiated joint venture and partnership arrangements with minority
businesses in order to increase opportunities for minority business
participation on a public construction or repair project when possible.
10. Provide quick pay agreements and policies to enable minority contractors
and suppliers to meet cash-flow demands.
j. During the construction of the project, if it becomes necessary to replace an MBE
subcontractor,advise the owner of the circumstances involved.
k. If, during the construction of a project, additional subcontracting opportunities
become available,make a good faith effort to solicit subbids from MBEs.
3. MBE Responsibilities
Attachment#1
While MBEs are not required to become certified in order to participate in this program,
it is recommended that they become certified and should take advantage of the
appropriate technical assistance that is made available. In addition,MBEs who are
contacted by owners or bidders must respond promptly whether or not they wish to
submit a bid.
SECTION 4: DISPUTE PROCEDURES
It is the policy of this County that disputes between an agency and another person that involve a
person's rights, duties, or privileges should be settled through informal procedures. To that end,
MBE disputes arising under these guidelines should be resolved, if possible,by informal
proceedings arranged by the Owner.
Attachment#1
Identification of HUB Certified/ Minority Business Participation
I,
(Name of Bidder)
do hereby certify that on this project,we will use the following HUB Certified/minority business as
construction subcontractors, vendors,suppliers or providers of professional services.
Firm Name, Address and Phone# Work Type *Minority **HUB
Category Certified
Y/N
"Minority categories: Black,African American(B), Hispanic(H), Asian American (A)American Indian(1),
Female(F)Socially and Economically Disadvantaged (D)
**HUB Certification with the state HUB Office required to be counted toward state participation goals.
The total value of minority business contracting will be ($)
Attachment#1
State of North Carolina AFFIDAVIT A-Listing of Good Faith Efforts
County of
(Name of Bidder)
Affidavit of
I have made a good faith effort to comply under the following areas checked:
Bidders must earn at least 50 points from the good faith efforts listed for their bid to be
considered responsive. (1 NC Administrative Code 30 1.0101)
❑ 1 —(10 pts)Contacted minority businesses that reasonably could have been expected to submit a quote and
that were known to the contractor, or available on State or local government maintained lists,at least 10 days
before the bid date and notified them of the nature and scope of the work to be performed.
❑ 2--(10 pts) Made the construction plans, specifications and requirements available for review by prospective
minority businesses,or providing these documents to them at least 10 days before the bids are due.
❑ 3—(15 pts)Broken down or combined elements of work into economically feasible units to facilitate minority .
participation.
❑ 4—(10 pts)Worked with minority trade,community,or contractor organizations identified by the Office of
Historically Underutilized Businesses and included in the bid documents that provide assistance in
recruitment of minority businesses.
❑ 5—(10 pts)Attended prebid meetings scheduled by the public owner.
❑ 6—(20 pts)Provided assistance in getting required bonding or insurance or provided alternatives to bonding
or insurance for subcontractors.
❑ 7—(15 pts)Negotiated in good faith with interested minority businesses and did not reject them as
unqualified without sound reasons based on their capabilities. Any rejection of a minority business based on
lack of qualification should have the reasons documented in writing.
❑ 8—(25 pts)Provided assistance to an otherwise qualified minority business in need of equipment, loan
capital, lines of credit, or joint pay agreements to secure loans, supplies, or letters of credit, including waiving
credit that is ordinarily required. Assisted minority businesses in obtaining the same unit pricing with the
bidder's suppliers in order to help minority businesses in establishing credit.
❑ 9—(20 pts) Negotiated joint venture and partnership arrangements with minority businesses in order to
increase opportunities for minority business participation on a public construction or repair project when
possible.
❑ 10-(20 pts) Provided quick pay agreements and policies to enable minority contractors and suppliers to
meet cash-flow demands.
The undersigned, if apparent low bidder, will enter into a formal agreement with the firms listed in the
Identification of Minority Business Participation schedule conditional upon scope of contract to be
executed with the Owner. Substitution of contractors must be in accordance with GS143-128.2(d)
Failure to abide by this statutory provision will constitute a breach of the contract.
The undersigned hereby certifies that he or she has read the terms of the minority business
commitment and is authorized to bind the bidderto the commitment herein set forth.
Date: Name of Authorized Officer:
Signature:
Title:
State of ,County of
SEAL Subscribed and sworn to before me this day of 20
Notary Public
My commission expires
Attachment#1
State of North Carolina --AFFIDAVIT B-- Intent to Perform Contract
with Own Workforce.
County of
Affidavit of
(Name of Bidder)
I hereby certify that it is our intent to perform 100% of the work required for the
contract.
(Name of Project)
In making this certification, the Bidder states that the Bidder does not customarily subcontract elements
of this type project, and normally performs and has the capability to perform and will perform all
elements of the work on this project with his/her own current work forces; and
The Bidder agrees to provide any additional information or documentation requested by the owner in
support of the above statement. The Bidder agrees to make a Good Faith Effort to utilize minority
suppliers where possible.
The undersigned hereby certifies that he or she has read this certification and is authorized to bind the
Bidder to the commitments herein contained.
Date: Name of Authorized Officer:
Signature:
Title:
SEAL
State of County of
Subscribed and sworn to before me this day of 20_
Notary Public
My commission expires
Attachment#1
State of North Carolina - AFFIDAVIT C - Portion of the Work to be
Performed by HUB Certified/Minority Businesses
County of
(Note this form is to be submitted only by the apparent lowest responsible, responsive bidder.)
If the portion of the work to be executed by HUB certified/minority businesses as defined in GS143-
128.2(g)and 128.4(a),(b),(e) is equal to or greater than 10% of the bidders total contract price,then the
bidder must complete this affidavit.
This affidavit shall be provided by the apparent lowest responsible, responsive bidder within 72 hours
after notification of being low bidder.
Affidavit of I do hereby certify that on the
(Name of Bidder)
(Project Name)
Project ID# Amount of Bid $
1 will expend a minimum of % of the total dollar amount of the contract with minority business
enterprises. Minority businesses will be employed as construction subcontractors, vendors, suppliers
or providers of professional services. Such work will be subcontracted to the following firms listed
below. Attach additional sheets if re uired
Name and Phone Number *Minority **HUB Work Dollar Value
Category Certified Description
Y/N
*Minority categories: Black,African American(B), Hispanic(H), Asian American(A)American Indian(1),
Female(F)Socially and Economically Disadvantaged (D)
**HUB Certification with the state HUB Office required to be counted toward state participation goals.
Pursuant to GS143-128.2(d), the undersigned will enter into a formal agreement with Minority Firms for
work listed in this schedule conditional upon execution of a contract with the Owner. Failure to fulfill
this commitment may constitute a breach of the contract.
The undersigned hereby certifies that he or she has read the terms of this commitment and is
authorized to bind the bidder to the commitment herein set forth.
Date: Name of Authorized Officer:
Signature:
SEAL Title:
State of , County of
Subscribed and sworn to before me this day of 20
Notary Public
My commission expires
Attachment#1
State of North Carolina AFFIDAVIT D — Good Faith Efforts
County of
(Note this form is to be submitted only by the apparent lowest responsible, responsive bidder.)
If the goal of 10%participation by HUB Certified/minority business is not achieved, the Bidder shall
provide the following documentation to the Owner of his good faith efforts:
Affidavit of I do hereby certify that on the
(Name of Bidder)
(Project Name)
Project ID# Amount of Bid $
1 will expend a minimum of % of the total dollar amount of the contract with HUB certified/
minority business enterprises. Minority businesses will be employed as construction subcontractors,
vendors, suppliers or providers of professional services. Such work will be subcontracted to the
following firms listed below. (Attach additional sheets if required)
Name and Phone Number *Minority **HUB Work Dollar Value
Category Certified Description
YIN
*Minority categories: Black,African American(B), Hispanic(H), Asian American(A)American Indian (1),
Female(F)Socially and Economically Disadvantaged (D)
**HUB Certification with the state HUB office required to be counted toward state participation goals.
Examples of documentation that may be required to demonstrate the Bidder's good faith efforts to meet the goals set forth in these provisions
include,but are not necessarily limited to,the following:
A.Copies of solicitations for quotes to at least three(3)minority business firms from the source list provided by the State for each subcontract
to be let under this contract(if 3 or more firms are shown on the source list). Each solicitation shall contain a specific description of the
work to be subcontracted,location where bid documents can be reviewed,representative of the Prime Bidder to contact,and location,
date and time when quotes must be received.
B.Copies of quotes or responses received from each firm responding to the solicitation.
C.A telephone log of follow-up calls to each firm sent a solicitation.
D.For subcontracts where a minority business firm is not considered the lowest responsible sub-bidder,copies of quotes received from all
firms submitting quotes for that particular subcontract.
E.Documentation of any contacts or correspondence to minority business,community,or contractor organizations in an attempt to meet the
goal.
F.Copy of pre-bid roster
G.Letter documenting efforts to provide assistance in obtaining required bonding or insurance for minority business.
H.Letter detailing reasons for rejection of minority business due to lack of qualification.
1.Letter documenting proposed assistance offered to minority business in need of equipment,loan capital,lines of credit,or joint pay
agreements to secure loans,supplies,or letter of credit,including waiving credit that is ordinarily required.
Failure to provide the documentation as listed in these provisions may result in rejection of the bid and award to the next lowest responsible
and responsive bidder.
Pursuant to GS143-128.2(d), the undersigned will enter into a formal agreement with Minority Firms for
work listed in this schedule conditional upon execution of a contract with the Owner. Failure to fulfill
this commitment may constitute a breach of the contract.
Attachment#1
The undersigned hereby certifies that he or she has read the terms of this commitment and is
authorized to bind the bidder to the commitment herein set forth.
Date: Name of Authorized Officer:
Signature:
Title:
SEAL State of , County of
Subscribed and swom to before me this day of 20
Notary Public
My commission expires
Attachment#1
Contractor's Safety Record Information
The Contractor's safety record shall be reviewed and evaluated in addition to other quality and
performance criteria as part of bid evaluation process. Failure to provide the requested
information and documentation may result in rejection of your bid as non-responsive.
Accordingly,all bidders must submit the following information regarding their safety record.
The following definitions shall apply to this section:
"DART incident rate"—Acronym for"Days Away,Restrictions and Transfers". The
DART incident rate may be used to show the relative level of injuries and illnesses within
a firm compared to the industry. It is based only on those injuries and illnesses severe
enough to warrant"Days Away,Restrictions and Transfers". The DART incident rate is
calculated using OSHA's Form 300 and the following formula:
((Number of entries in column H(days away from work)+column I(job transfer or
restriction)x 200,000)/(Number of hours worked by all employees)=DART Incident
rate.
"EMR"—Acronym for"Experience Modification Rate," is an indicator of a contractor's
past safety performance,widely used by the insurance industry as an equitable means of
determining premiums for workers'compensation insurance.The rating system considers
the average workers'compensation losses for a given firm's type of work and amount of
payroll and predicts the dollar amount of expected losses to be paid by that employer in a
designated rating period,usually three years.The rating is based on comparison of firms
doing similar types of work, and the employer is rated against the average expected
performance in each work classification. Losses incurred by the employer for the rating
period are then compared to the expected losses to develop an experience rating.
"OSHA"—Acronym for the Federal Occupational Health and Safety Administration.
The term"OSHA"as used in this Policy also refers to any state or local agency having
jurisdictional authorization to enforce worker safety requirements and assess fines or
warnings for violation of worker safety standards.
I. OSHA DART Incident Rate. Provide the bidder's DART Incident Rate
calculated from OSHA's Form 300 for the last three years and the other required
information shown in the example table below. The bidder must attach all supporting
documentation and calculations including certified OSHA forms.
Attachment#1
YEAR CONTRACTOR INDUSTRY INDUSTRY FIELD AND CODE
DART DART
INCIDENT RATE INCIDENT RATE
2. Experience Modification Rate(EMR). Provide the bidder's most recent
Experience Modification Rate(EMR)based on insurance claims history. The bidder
must provide the source of the EMR information and contact information of insurer entity
providing the EMR.
YEAR CONTRACTOR INDUSTRY FIELD AND NAME AND CONTACT
EMR CODE INFO FOR EMR
INFORMATION
3. Answer the following OSHA Specific Questions:
(a) Within the last 2 years, has the bidder received any citations classified by
OSHA as being(1) serious, (2)willful and/or(3)repeat violations where your
company operates?
Yes No
If yes,attach a copy of each such citation and violation.
(b) Has the bidder experienced any work-related fatalities within the last five
years?
Yes No
Attachment#1
(c) Has the bidder had any citations issued by OSHA as a result of work
related fatalities within the past 5 years?
Yes No
(d) Is the bidder under investigation for any work-related fatalities?
Yes T No
(e) If your answer is"yes"to 3(b), (c)or(d),provide a copy of the citation(s),
list of number(s)of fatalities and documented explanation of the fatality.
4. Safety Plan:
(a) Does the company have a written safety program that includes
responsibility for all aspects of safety management?
Yes No
(b) Does the company have a written plan for safety training of new
employees and ongoing training of existing employees?
Yes No
(c) Does the company have documented evidence of safety training that they
have conducted?
Yes No
(d) If the company has employees with limited English ability,does the
company have a written plan for ensuring that their employees understand the
training they are being given?
Yes No
(e)Do all supervisors have an appropriate documented level of OSHA training
(e.g., a minimum of 30 hour OSHA construction safety training)?
Yes No
Attachment#1
(f)Do employees have documented basic OSHA 10 hour construction safety
training?
Yes No
(g)Does the company have a documented Hazard Communication Program?
Yes No
5. Required Written Explanation of Safety Record. If the bidder has any of the following:
(a)DART incident rate rg eater than its industry average, (b)an EMR greater than 1.0, (c)
answered"yes"to any of the OSHA Specific Question above, or(d) answered"no"to any of the
Safety Plan questions,the bidder shall provide the County, in its bid,a detailed written
explanation of its safety record and the reasons why such safety history is NOT representative of
its future performance and what specific actions it has taken to improve its overall safety record.
Failure to provide a written explanation of its safety record pursuant to this paragraph may be
deemed as non-responsive by the County.
Attachment#1
STATE OF NORTH CAROLINA
AFFIDAVIT
ORANGE COUNTY
I, (the individual attesting below), being duly authorized by and on behalf of
(the entity bidding on project hereinafter"Employer")after first being duly
sworn hereby swears or affirms as follows:
1. Employer understands that E-Verify is the federal E-Verify program operated by the United States
Department of Homeland Security and other federal agencies,or any successor or equivalent program used to verify
the work authorization of newly hired employees pursuant to federal law in accordance with NCGS§64-25(5).
2. Employer understands that Employers Must Use E-Verify. Each employer,after hiring an employee to work
in the United States,shall verify the work authorization of the employee through E-Verify in accordance with
NCGS§64-26(a).
3. Employer is a person,business entity,or other organization that transacts business in this State and that
employs 25 or more employees in this State. (mark Yes or No)
a. YES or
b. NO
4. Employer's subcontractors comply with E-Verify,and if Employer is the winning bidder on this project
Employer will ensure compliance with E-Verify by any subcontractors subsequently hired by Employer.
This day of 02013.
Signature of Affiant
Print or Type Name:
State of North Carolina Orange County
D
Signed and sworn to(or affirmed)before me,this the o
n
day of 02013.
Z
0
My Commission Expires:
eD
v
e
Notary Public ==
Attachment#1
ORANGE BOUNTY
N0X-FH CAROLINA
Orange County
Financial Services Department
ADDENDUM #1
April 7, 2014
Bid 367-294
S orts lex Renovations -FOR ORANGE COUNTY N.C.
To all Vendors:
Modifications to bid documents for the above named Request for Bids are made as follows and shall be included in
the proposed amount.
1. Successful bidder shall be responsible for all permits.
2. Plans and project manual are available online at no cost at http://www.co.orange.nc.us/purchasing/bids.asp
3. A copy of the plan holders is available at http://www.co.orange.nc.us/purchasing/bids.asp and will be
updated until bid opening. If you wish to be listed on that list please email dcannell(cD-orangecountync.gov
with your company's information. A copy of the sign in sheet from the prebid is attached as is the most
current version of plan holders list
4. Doug Scott is the onsite contact for site visits, his cell number is 203-581-3694, front desk number is 919-
644-0339
5. All Sprinkler work will be the owner's responsibility
6. See attached addendum items from Ron Cox Architecture.
All other terms and conditions shall remain the same
By: David E. Cannell, Purchasing Agent; dcannell(aD-co.orange.nc.us —(919) 245-2651
You must acknowledge receipt of this (and all)addendum in the space provided on the form of proposal
Company Name:
By:
Date Received:
P.O. Box 8181 200 South Cameron Street Hillsborough, North Carolina 27278
Telephones: Area Code 919 245-2651 Fax: 919 644-3324
Attachment#1
date: April 3 2014
from: Ron Cox
subject: Addendum items Sportsplex
1.Moveable partitions to have an STC rating of 50 or higher
2. Roof drain discharge to be just above sidewalk through the low brick wall
beside the sidewalk
3. Add alternate on sheet A1.1 for obscure glass is for lower lites of window wall
only.
4. There should be an additional add alternate to apply translucent film to these
lower lites in lieu of obscure glass.
5. Wall section detail 3/A3.2 calls for 5/8" densglas. This should be DensDeck
instead
6. Owner to verify that there is enough stored matching brick for foundation wall.
7. Demo plan: Contractor to remove flooring in room 101 and 105. And where
required for room 110. Owner will remove flooring in other areas that receive
rubber flooring.
8. Finish Schedule: Flooring in room 110 to be Vinyl tile not rubber as shown on
the finish schedule. This flooring to be installed by the Contractor.
9. Existing doors and frames may be reused if they are not damaged.
Ron Cox
Gc�fit.
Attachment#1
Bid 367-294 SPORTPLEX RENOVATIONS
Plan Holders
As of 4-7-2414
Firms that have downloaded the plans
Jeff DiOrio
Project Coordinator
Riggs-Harrod Builders, Inc.
P-919-687-0111
F-919-687-0888
W.C.Construction Company,LLC DAVID HILL BUILDERS,INC.
P.O. Box 25051 P.O. Box 6050
Winston-Salem,NC 27114 135 Red Laurel Lane
Ph.336-721-3420 Mount Airy, NC 27030
Fx.336-721-3421 Phone(336)789-5517 x204
Toll Free(866)230-5517
Fax(336)789-6806
Dave's Construction Services, Inc.
The RESOLUTE Building Company 1416 Washington Street
Post Office Box 3656 PO Box 2215
Chapel Hill, North Carolina 27515 Eden, NC 27289-2215
P:919.933.1000 Phone:336.623.9906
F:919.493.3333 Fax :336.623.4216
Cell 336.613.7951
Rival Construction Progressive Contracting Co.,Inc.
2618-A Battleground Ave#340 143 Charlotte Ave.,Suite 201,
Greensboro,NC 27408 Sanford,NC 27330.
Office#336-235-2444 EXT 314 Fax number 919-718-5455,
Fax#336-235-2441 phone number 919-718-5454 x 202.
Cell#336-669-2630
Marand Builder,Inc. Arlyn Smith
4215-B Stuart Andrew Blvd Burney& Burney Construction Co., Inc.
Charlotte, NC 28217 Office 252 752-8000
Phone/Fax Number:704-525-1824/704-544-8819 Cell 252 414-9433
Contact Person: Richard Renner Fax 252 752-9100
Rrenner @ma randbuilders.com Email arlynsmith75(cD-yahoo.com
Bordeaux Construction Company, Inc. Joe Poole
100 E Britania Ave, J.Wayne Poole, Inc.
Durham,NC 27704 3410 Holts Chapel Rd.
Phone 919-220-1141 Greensboro,NC 27401
fax number 919-220-1147 PH:336-275-1611
Fax:336-370-4976
email iwpoffice @iwavnepoole.com
New Atlantic Contracting, Inc. Central Builders Inc. of Mebane
2635 Reynolda Road Steve Carroll
PO Box 400
Attachment#1
Winston-Salem, North Carolina 27106 Haw River, NC 27258
Phone: (336) 759-7440 ext. 30 Phone: 336-227-4551
Fax: 336-227-0610
Fax: (336) 759-7445 Email bids to: bids @centralbuildersinc.com
Michael Little
Vice President
Poythress Commercial Contractors
224 Towerview Court
Cary,NC 27513
Phone(919)388-3884
Fax(919)388-3889
www.poythress.com
d
--1A, 3
0
a It 3
VA
vi
0
Ul
Jr a 3
a- 1,, N 0 4 a 9 t ,9►J d0 Ov
'a h "� � �ea <v �'�► °`ro �+ t,`6 M ;�y ee' e�. �, Vim.
L►- �► a r rl cA v' ,1 + Nn .x,y, tJ► t5 tT dal to
o r� d
r5
CD
0 � � CN Z v � ate• 'Q C6 s
f
m M d
N 4 M
o m
�.
a V
c As U'
C
a �'`
P��hme
1
Y
1
� as
tp
`�ol
4
zr
o-
O CO
o-
O✓ _
o
Attachment#1
ORANGE OUNTY
NORTH OIJIN
Orange County
Financial Services Department
ADDENDUM #2
April 14, 2014
Bid 367-294
S orts lex Renovations -FOR ORANGE COUNTY N.C.
To all Vendors:
Modifications to bid documents for the above named Request for Bids are made as follows and shall be included in
the proposed amount.
1. The attached Form of Proposal replaces the one in the project manual, and must be used with your
submittal
2. Add Alternate la& 1b: obscure glass is called "satin" %"glass and the film is also called obscure"satin"
3. The County has no surplus brick from the original construction
All other terms and conditions shall remain the same
By: David E. Cannell, Purchasing Agent; dcannell(aD-co.orange.nc.us —(919) 245-2651
You must acknowledge receipt of this (and all)addendum in the space provided on the form of proposal
Company Name:
By:
Date Received:
P.O. Box 8181 200 South Cameron Street Hillsborough, North Carolina 27278
Telephones: Area Code 919 245-2651 Fax: 919 644-3324
Attachment#1
FORM OF PROP 0 SAL (Revised)
Sportsplex Renovation &Addition Contract:
Orange County Bidder:
Date:
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 the contract
documents relative thereto, 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 Owner in the form of contract
specified,to furnish all necessary materials, equipment, machinery,tools, apparatus, means of transportation and
labor necessary to complete all construction of the subject project in accordance with the Drawings,Specifications,
and Contract Documents, to the full and entire satisfaction of the Owner and the Architect, 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:
SINGLE PRIME CONTRACL
Base Bid:
Dollars($)
General Subcontractor: Plumbing Subcontractor:
Lic Lic
Mechanical Subcontractor: Electrical Subcontractor:
Lic Lic
GS143-128(d)requires all single prime bidders to identify their subcontractors for the above subdivisions of work. A contractor whose bid is accepted shall not
substitute any person as subcontractor in the place of the subcontractor listed in the original bid,except(i)if the listed subcontractor's bid is later determined by the
contractor to be non-responsible or non-responsive or the listed subcontractor refuses to enter into a contract for the complete performance of the bid work,or(it)
with the approval of the awarding authority for good cause shown by the contractor.
ALTERNATES.
Should any of the alternates as described in the contract documents be accepted,the amount written below shall
be the amount to be"deducted from"or"added to" the base bid.
GENERAL CONTRACT-
Alternate No. 1a Replace existing glass in lower lites with opaque or obscure glass, use
existing frames
Add Dollars($)
Alternate No. lb Price to apply satin film to existing glass in lower lites
Add Dollars($)
Alternate No. 2 Alternate Price for RTAHU-3 Roof top unit
Add Dollars($)
The bidder further proposes and agrees hereby to commence work under this contract on a date to be specified in a written order of the designer and shall fully
complete all work thereunder within the time specified in the General Conditions Article 13. Applicable liquidated damages amount is also stated in the General
Conditions Article 13.
Attachment#1
onosal Siana ure Paae
The undersigned further agrees that in the case of failure on his part to execute the said contract and the bonds
within ten (10) consecutive calendar days after being given written notice of the award of contract, the certified
check,cash or bid bond accompanying this bid shall be paid into the funds of the owner's account set aside for the
project, as liquidated damages for such failure; otherwise the certified check, cash or bid bond accompanying this
proposal shall be returned to the undersigned.
Respectfully submitted this day of
(Name of firm or corporation making bid)
WITNESS: By:
Signature
Name:
(Proprietorship or Partnership) Print or type
Title
(Owner/Partner/P res.N.Pres)
Address
ATTEST:
By; License No.
Title: Federal I.D. No.
(Corp.Sec.or Asst.Sec.only)
Email Address:
(CORPORATE SEAL)
Addendum received and used in computing bid:
Addendum No. 1 Addendum No. 3 Addendum No. 5 Addendum No. 6
Addendum No. 2 Addendum No. 4 Addendum No. 6 Addendum No. 7
Attachment#1
ORANG BOUNTY
NORTH IN
Orange County
Financial Services Department
ADDENDUM #3
April 17, 2014
Bid 367-294
S orts lex Renovations - FOR ORANGE COUNTY, N.C.
To all Vendors:
Modifications to bid documents for the above named Request for Bids are made as follows and shall be included in
the proposed amount.
1. the project duration has been increased from 90 to 135 days
2. Remove all the ceilings per the new reflective ceiling plan shown on plan A 1.2 with the exception of the small
corridor leading into locker area and the pool area as noted.The area of removal and replacement is approximately
7400 square feet The ceiling in the corridor to the existing locker rooms and pool and the ceilings in the toilet
rooms off this corridor are not included in this contract.
3. Q:Could you check with the architect to find out the slope he wants for the tapered ISO roof insulation. It is 4"
minimum BUT I don't see the slope required.Also,are there any roofing specs other than those shown on the plans?
A: The slope should be 3116"per foot min.. No other specs are given. Successful Contractor to provide roof
submittal information for approval.
All other terms and conditions shall remain the same
By: David E. Cannell, Purchasing Agent; dcannella-co.orange.nc.us •- (919) 245-2651
You must acknowledge receipt of this (and all)addendum in the space provided on the form of proposal
Company Name:
By:
Date Received:
P.O. Box 8181 200 South Cameron Street Hillsborough, North Carolina 27278
Telephones: Area Code 919 245-2651 Fax: 919 644-3324
Attachment#2
FORM OF PROP 0 SAL (Revised)
Sportsplex Renovation &Addition Contract_ single Prime
Orange County Bidder: Riggs-Harrod Builders, Inc.
Date: April 24, 2()14
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 the contract
documents relative thereto, 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 Owner in the form of contract
specified,to furnish all necessary materials, equipment, machinery,tools,apparatus, means of transportation and
labor necessary to complete all construction of the subject project in accordance with the Drawings,Specifications,
and Contract Documents, to the full and entire satisfaction of the Owner and the Architect, 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:
SINGLE PRIME CONTRACT:
Ba a Bid:
Dollars($)�_�50,°O
General Subcontractor: Plumbing Subcontractor:
Riggs-Harrod Builders, Inc.Lic 1 x667 d:115J,,rh,,J4 ��u,H,E.lrct Lic AW
Mechanical Subcontractor: Electrical Subcontractor:
'&Afl / E9c.�Ona w� lb. Lic,27W08 d 1�:�E G�r,L Lic
R
GS143-128(d)requires all single prime bidders to identify their subcontractors for the above subdivisions of work. A contractor whose tad is accepted shall not
substitute any person as subcontractor in the place of the subcontractor listed in the original bid,except(i)If the listed subcontractor's bid is later determined by the
contractor to be non-responsible or non-responsive or the listed subcontractor refuses to enter into a contract for the complete performance of the bid work,or(ii)
with the approval of the awarding authority for good cause shown by the contractor.
ALTERNATES:
Should any of the alternates as described in the contract documents be accepted,the amount written below shall
be the amount to be"deducted from"or"added to" the base bid.
GENERAL CONTRACT:
Alternate No. 1a Replace existing glass in lower lites with opaque or obscure glass, use
existing frames
Add ' L-�J S.0 &.A-J Dollars($) cZ.G60.0 6
Alternate No. 1b Price to apply satin film to existing glass in lower lites
[Addddd] Dollars($) �. Wc>.00
Alternate No. 2 Alternate Price for RTAHU-3 Roof top unit
_add- -u �'7c�,� a wS d !/►✓ E I Dollars($) —5-A1 —&M.00
ihe-ifldder further 4ropohL4 and agrees hereby to commence work under this contract on a date to be specified in a written order of the designer and shall fully
complete all work thereunder within the time specified In the General Conditions Article 13. Applicable liquidated damages amount Is also stated In the General
Conditions Article 13.
Attachment#2
Proposal Signature Page
The undersigned further agrees that in the case of failure on his part to execute the said contract and the bonds
within ten (10) consecutive calendar days after being given written notice of the award of contract, the certified
check,cash or bid bond accompanying this bid shall be paid into the funds of the owner's account set aside for the
project,as liquidated damages for such failure;otherwise the certified check, cash or bid bond accompanying this
proposal shall be returned to the undersigned.
Respectfully submitted this day of April 24. 2014
(Name of firm or corporation makin bi )
WITNESS: By:
Signatu
Name: Alan Kozar
(Proprietorship or Partnership) Print or type
Title_Vice President
(Owner/Partner/Pres.N.Pres)
Address-1 117 E. Geer Street
ATTEST: Durham, NC 27704
By: License No. 18667
aTonya T son
Title: Assistant Secretary Federal I.D. No. 56-1470287
(Corp.Sec.or Asst.Sec.only)
Email Address: trathran(a)riggsharrod_rom
(CORPORATE SEAL)
Addendum rece' d and used in computing
Addendum No. Addendum No. 13 'd Addendum No. 5 Addendum No. 6
dated 4/7/1 dated 4/17/14
Addendum No. 2 Addendum No. 4 Addendum No. 6 Addendum No. 7
dated 4/14/1 dated 4/17/14
Bond No. 106095451
Document A312 TM - 2010
Conforms with The American Institute of Architects AIA Document 312
Performance Bond
CONTRACTOR: SURETY:
(Name,legal status and address) (Name,legal slants and principal place of business)
Riggs-Harrod Builders, Inc. Travelers Casualty and Surety Company of America
1117 E. Geer Street One Tower Square This document has Important legal
Hartford, CT 06183 consequences.Consultation with
Durham, NC 27704 Mailing Address for Notices an attorney Is encouraged with
respect to its completion or
One Tower Square modification.
OWNER: Any singular reference to
(Name,legal status and address) Hartford, CT 06183 Contractor,Surety,Owner or
Orange Count other party shall be considered
g y plural where applicable.
P.O. Box 8181
Hillsborough, NC 27278
CONSTRUCTION CONTRACT
Date: June 3, 2014
Amount:S 429,550.00 Four Hundred Twenty Nine Thousand Five Hundred Fifty Dollars and 00/100
Description:
(Name and location)
Triangle Sportsplex Lobby Renovations &Additions
BOND
Date: June 3, 2014
(Not earlier than Construction Contract Date)
Amount:5429,550.00 Four Hundred Twenty Nine Thousand Five Hundred Fifty Dollars and 00/100
Modifications to this Bond: X❑ None ❑ Sec Section 16
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
�4y*�S"�C
Riggs-Harro Ild rs Inc. Travelers Casualty and Surety Company of America i'
.. .kl
e HAMT0110,�
Signature: Signature: C + CAN' ,
Name 44%VA4*yj__ Name Jonniter C. Hoehn �•..»•..••�a�
and Title: WX.tn94",(" and Title: Attorney-in-Fact
(Any additional signatures appear on the last page of this Performance Bond)
(FOR MFOPMATION ONLY--Name,address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
Wells Fargo Insurance Services USA, Inc. (Architect,Engineer or other parry.)
6100 Fairview Road Burke Design
Charlotte, NC 28210
704-366-8834
S-18521AS 8110
§1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner for
the performance of the Construction Contract,which is incorporated herein by reference.
§2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except when
applicable to participate in a conference as provided in Section 3.
§3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default.Such
notice shall indicate whether the Owner is requesting a conference among the Owner,Contractor and Surety to discuss the
Contractor's performance.If the Owner does not request a conference,the Surety may,within five(5)business days after receipt of
the Owner's notice,request such a conference.If the Surety timely requests a conference,the Owner shall attend.Unless the Owner
agrees otherwise,any conference requested under this Section 3.1 shall be held within ten(10)business days of the Surety's receipt
of the Owner's notice.If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to
perform the Construction Contract,but such an agreement shall not waive the Owner's right,if any,subsequently to declare a
Contractor Default;
.2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the
Surety or to a contractor selected to perform the Construction Contract.
§4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition
precedent to the Surety's obligations,or release the Surety from its obligations,except to the extent the Surety demonstrates actual prejudice.
§5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions:
§6.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract;
§6.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors;
§6.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the
Construction Contract,arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence,to be
secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to
the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the
Contractor Default;or
§5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under the
circumstances:
.1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable after the amount is
determined,make payment to the Owner,or
.2 Deny liability In whole or in part and notify the Owner,citing the reasons for denial.
§6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond
seven days alter receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this
Bond,and the Owner shall be entitled to enforce any remedy available to the Owner.If the Surety proceeds as provided in Section 5.4,and the
Owner refuses the payment or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any
remedy available to the Owner.
S-1852/AS 8/10
§7 If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the
Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the
Construction Contract.Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without
duplication,for
.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract;
.2 additional legal,design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or
failure to act of the Surety under Section 5;and
.3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual damages caused by delayed
performance or non-performance of the Contractor.
§8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond.
§8 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the
Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this
Bond to any person or entity other than the Owner or its heirs,executors,administrators,successors and assigns.
§10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase
orders and other obligations.
§11 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or
part of the work is located and shall be Instituted within two years after a declaration of Contractor Default or within two years after the Contractor
ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first.If the
provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of
the suit shall be applicable.
§12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature
appears.
§13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be
performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions
conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be
construed as a statutory bond and not as a common lawbond.
§14 Definitions
§14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper
adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of
insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the
Contractor under the Construction Contract.
§14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents
and changes made to the agreement and the Contract Documents.
§14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material
term of the Construction Contract.
§14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction
Contract or to perform and complete or comply with the other material terms of the Construction Contract.
§14.6 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor.
§15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be
Subcontractor and the term Owner shall be deemed to be Contractor.
S•1852/AS 8/10
§IS Modifications to this bond are as follows:
(Space is provided below for additional signatures of added parties,other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address Address
S-1852/AS 8/10
Bond No. 106095451
Document A312 TM - 2010
Conforms with The American Institute of Architects AIA Document 312
Payment Bond
CONTRACTOR: SURETY:
(Name,legal status and address) (Name,legal stanrs and principal place of business)
Riggs-Harrod Builders, Inc. Travelers Casualty and Surety Company of America
1117 E. Geer Street One Tower Square This document has important legal
Hartford, CT 06183 consequences.Consultation with
Durham, NC 27704 Mailing Address for Notices an attorney Is encouraged with
respect to its completion or
One Tower Square modlficati6n.
OWNER: Hartford, CT 06183 Any singular reference to
(Name,legal status and address) Contractor,Surety,Owner or
Orange County other party shall be considered
9 y plural where applicable.
P.O. Box 8181
Hillsborough, NC 27278
CONSTRUCTION CONTRACT
Date: June 3, 2014
Amount:$429,550.00 Four Hundred Twenty Nine Thousand Five Hundred Fifty Dollars and 00/100
Description:
(Nance and location)
Triangle Sportsplex Lobby Renovations&Additions
BOND
Date: June 3, 2014
(Not earlier than Construction Contract Date)
Amount:$429,550.00 Four Hundred Twenty Nine Thousand Five Hundred Fifty Dollars and 00/100
Modifications to this Bond: X❑ None Fj See Section 18
CONTRACTOR AS PRINCIPAL SURETY 11�p,,,�35uup,G
Company: (Corporate Seal) Company: (Corporate Sea!)
Riggs-HarJdB e s, nC. Travelers Casualty and Surety Company of America he �
� i"1RRTFOAn,
COIN.
Signature: Signature: R �� ►•'
JenrfiferE. Hoehn
Name 4W Namc
and Title: V( , aaw and Title: Attorney-in-Fact
(Any additional signatures appear on the last page of this Payment Bond.)
(FOR INFORWATION ONLY—Aldine,address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
Wells Fargo Insurance Services USA, Inc. (Architect,Engineer orotherparty:)
6100 Fairview Road Burke Design
Charlotte, NC 28210
704-366-8834
S-21491AS sno
§I The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner to
pay for labor,materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference,
subject to the following terns.
§2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds harmless the Owner from claims,
demands,liens or suits by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the
Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond.
§3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner
has promptly notified the Contractor and the Surety(at the address described in Section 13)of claims,demands,liens or suits against the Owner or
the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the
Construction Contract and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety.
§4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend,indemnify and hold
harmless the Owner against a duly tendered claim,demand,lien or suit.
§5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
§6.1 Claimants,who do not have a direct contract with the Contractor,
.1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the
name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or
performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim;
and
.2 have sent a Claim to the Surety(at the address described in Section 13).
§6.2 Claimants,who arc employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described in
Section 13).
§6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation
to furnish a written notice of non-payment under Section 5.1.1.
§7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's
expense take the following actions:
§7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim,stating the amounts that are
undisputed and the basis for challenging any amounts that are disputed;and
§7.2 Pay or arrange for payment of any undisputed amounts.
§7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the
Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement.
If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable
attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.
§8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's fees provided under Section 7.3,
and the amount of this Bond shall be credited for any payments made in good faith by the Surety.
§9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract
and to satisfy claims,if any,under any construction performance bond.By the Contractor furnishing and the Owner accepting this Bond,they agree
that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and
Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work.
8-21491AS 8/10
§10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract.
The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no
obligation to make payments to,or give notice on behalf of,Claimants or otherwise have any obligations to Claimants under this Bond.
§11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase
orders and other obligations.
§12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the
project that is the subject of the Construction Contract-is located or after the expiration of one year from the date(1)on which the Claimant sent a
Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or
equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs.If the provisions of this Paragraph arc void
or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.
§13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their
signature appears.Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received.
§14 When this Bond has been famished to comply with a statutory or other legal requirement in the location where the construction was to be
performed,any provision in this Bond confllcting with said statutory or legal requirement shall be deemed deleted herefrom and provisions
conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be
construed as a statutory bond and not as a common law bond.
§16 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly furnish a
copy of this Bond or shall permit a copy to be made.
§16 Definitions
§16.1 Claim.A written statement by the Claimant including at a minimum:
.1 the name of the Claimant;
.2 the name of the person for whom the labor was done,or materials or equipment furnished;
.3 a copy of the agreement or purchase order pursuant"to which labor,materials or equipment was furnished for use in the
performance of the Construction Contract;
.4 a brief description of the labor,materials or equipment furnished;
.6 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the
Construction Contract;
.6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim;
.7 the total amount of previous payments received by the Claimant;and
.8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim.
§16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor,
materials or equipment for use in the performance of the Construction Contract.The term Claimant also includes any individual or entity that has
rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.The intent
of this Bond shall be to include without limitation in the terms"labor,materials or equipment"that part of water,gas,power,light,heat,oil,gasoline,
telephone service or rental equipment used in the Construction Contract,architectural and engineering services required for performance of the work
of the Contractor and the Contractor's subcontractors,and all other items for which a mechanic's lien may be asserted in the jurisdiction where the
labor,materials or equipment were firrnished.
§16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents
and all changes made to the agreement and the Contract Documents,
S-21491AS 8110
§16.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction
Contract or to perform and complete or comply with the other material terms of the Construction Contract.
§16.6 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor.
§17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be
Subcontractor and the term Owner shall be deemed to be Contractor.
§18 Modifications to this bond are as follows:
(Space is provided below for additional signatures of addedpartles,other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address Address
8-21491AS 8110
TRAVELERSJ
POWER OF ATTORNEY
Farmington Casualty Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St.Paul Guardian Insurance Company
Surety Bond No. 106095451 Principal: Riggs-Harrod Builders, Inc.
OR
Project Description:Triangle Sportsplex Lobby Renovations& Obligee: Orange County
Additions
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian
Insurance Company,St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,
and United States Fidelity and Guaranty Company, are corporations duly organized under the laws of the State of Connecticut, that Fidelity and
Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance
Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the"Companies"), and that the
Companies do hereby make,constitute and appoint Jennifer C.Hoehn of the City of Charlotte ,State of INC ,their true and lawful
Attorney-in-Fact,to sign,execute,seal and acknowledge the surety bond(s)referenced above.
IN WITNESS WHEREOF, the Companies have caused this Instrument to be signed and their corporate seals to be hereto affixed,this 10`h day of
September,2012.
Farmington Casualty Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St.Paul Guardian Insurance Company
s�•��� 1977 $ 1g51° � scat ;sent. � �sxhz g °"a�°��0`g+ 3 oor�c e � �s�
State of Connecticut
By:
City of Hartford ss. Robert L»Raney,Senior Vice President
On this the 10th day of September, 2012, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice
President of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire
and Marine Insurance Company,St. Paul Guardian Insurance Company,St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,
Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,
executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
In Witness Whereof,I hereunto set my hand and official seal.
My Commission expires the 30th day of June,2016.
�� Marie C.Tetreault,Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington
Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance
Company,St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and
Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as
follows:
RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,
any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint
Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of
authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances,contracts of indemnity,and
other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at
any time may remove any such appointee and revoke the power given him or her;and It is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman,any Executive Vice President,any Senior Vice President or any
Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that
each such delegation Is In writing and a copy thereof is filed in the office of the Secretary;and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory In the nature of a bond, recognizance, or
conditional undertaking shall be valid and binding upon the Company when (a)signed by the President,any Vice Chairman,any Executive Vice
President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate
Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or(b)duly
executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or
their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is
FURTHER RESOLVED,that the signature of each of the following officers: President,any Executive Vice President,any Senior Vice President,
any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by
facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or
Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and
any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and
any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company In the
future with respect to any bond or understanding to which it is attached.
I, Kevin E. Hughes,the undersigned,Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and
Guaranty Insurance Underwriters,Inc.,St Paul Fire and Marine Insurance Company,St Paul Guardian Insurance Company,St.Paul Mercury Insurance
Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty
Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,
which is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 3rd day of June +
Kevin E.Hughes,Assistant Secretary
(Doe;s�19i 1 S 2 Dt e � 1977� 710�BJi° �•�+ ac�aiw't E) e
To verify the authentldty of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to
the Attorney-In-Fad number,the above-named Indiv/duals and the details of the bond to which the power Is attached.
RIGGS-2 OP ID: MA
ACORD- CERTIFICATE OF LIABILITY INSURANCE
DATE 0512 312 0 1 Y1�
05123!2014
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER
TriSure Corporation-HS PHONE MelanieA1949 ton FAx
4325 Lake Boone Trail AIC No Ex t):919-388-1949 AIC,No): 919.467-4987
Suite zoo AD
Raleigh, NC 27607 DRESS:mairington@trisure.com
Smelcer&Associates INSURER(S)AFFORDING COVERAGE NAIC s
INSURERA:Selective Ins.Co.of America 12572
INSURED Riggs-Harrod Builders Inc. INSURER B:Builders Mutual Insurance 10844
PO BOX 11100
Durham, NC 27703 INSURER C
INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR LTR TYPE OF INSURANCE POLICY NUMBER WDD MMIDD LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00
A kCOMMERCIAL GENERAL LIABILITY X $2002862 10/31!2013 10/31/2014 PREMISES(Ea occurrence) $ 100,00
CLAIMS-MADE Fx—1 OCCUR MED EXP(Any one person) $ 10,00
PERSONAL&ADV INJURY $ 1,000,00
GENERAL AGGREGATE $ 2,000,00
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGO $ 2,000,00
POLICY X PEO- LOC Emp Ben. $ 1,000,00
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
(Ea accident) 1,000,00
A X ANY AUTO X S2002862 10/31/2013 10/31/2014 BODILY INJURY(Per person) $
ALL OWNED SCHEDULED
AUTOS AUTO BODILY INJURY(Per accident) $
X NON-OWNED (ERPDENj GE
HIRED AUTOS X UTOS PACC $
X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 6,000,00
A EXCESS LIAB CLAIMS-MADE X 52002862 10/31/2013 10/31/2014 AGGREGATE $ 6,000,00
DED I X I RETENTION $ $
WORKERS COMPENSATION X WC STATU- OTH-
AND EMPLOYERS'LIABILITY YIN TORY LIMITS ER
B ANY PROPRIETOR/PARTNER/EXECUTIVE X PWC1009951 10/31/2013 10/31/2014 E.L.EACH ACCIDENT $ 1,000,00
OFFICER lMEMBER EXCLUDED? NIA --- ----
(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,00
If yes,describe Under
DESCRIPTION OF OPERATIONS below I I I E.L.DISEASE-POLICY LIMIT $ 1,000,00
A Leased/Rented S2002862 1013112013 10/31/2014 Limit 100,00
A Builders Risk S2048827 10/3112013 10/31/2014 Limit 10,000,00
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required)
Project: Sportsplex Lobby -Renovatons
Bid # 367-294
Orange County Government(Owner) , the Designer, the Designers's consultants,
andthe construction manager are listed as additional insureds with respect
to General Liability, Auto liability and umbrella liability on a
CERTIFICATE HOLDER CANCELLATION
ORA8181
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
a County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED, IN
Oran
g ty ACCORDANCE WITH THE POLICY PROVISIONS.
P O Box 8181
Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE
O 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD
NOTEPAD. HOLDER CODE ORA8181 RIGGS-2 PAGE 2
INSURED'SNAME Riggs-Harrod Builders Inc. OP ID: MA Date 05123/2014
primary and non-contributory basis. Waiver of subrogation also applies to
the workers compensation . Should any of the followign described policies
be cancelled before expiration date or be due to expire within 30 days,
the insurer shall mail 30 days prior written notice to the ceritificate
older.
' ELITEPAC
General Liability Extension
COMMERCIAL GENERAL LIABILITY
CG 72 02 12 11
SUMMARY OF COVERAGES (including index)
This is a summary of the various additional coverages and coverage modifications provided by this endorsement. No
coverage is provided by this summary. Refer to the actual endorsement (Pages 3-through-8) for changes affecting your
insurance protection.
DESCRIPTION PAGE FOUND
Primary and Non-Contributory Provision-Additional Insureds Page 7
Blanket Additional Insureds-As Required By Contract Page 5
Broad Form Vendors Coverage Page 6
Not-for-profit Members- Including Club Members
Not-for-profit Members-as additional insureds Page 5
Not-for-profit Members Medical Payments Page 4
Not-for-profit Members-defined Page 8
Damage To Premises Rented To You ($500,000) (Including Fire, Lightning or Explosion) Page 3
Electronic Data Liability($100,000) Page 4
Golf Amendments
Golfing Facilities-defined Page 8
Golf and Tennis Pros-as additional insureds Page 6
Limited Property Damage-caused by golf balls Page 3
Members Medical Payments Page 4
Products Amendment- Medical Payments- limited on premises coverage Page 4
Recreational Medical Payments- limited amateur golf coverage Page 4
Waiver of Rights of Recovery-members and guests Page 7
Incidental Malpractice
Exclusion modified Page 6
Knowledge of Occurrence, Claim, Suit or Loss Page 7
Liberalization Clause Page 7
Medical Payments-increased limit($15,000) Page 6
Mental Anguish Amendment(Not applicable to New York) Page 8
Newly Formed or Acquired Organizations Page 5
Non-Owned Aircraft Page 3
Copyright, 2011 Selective Insurance Company of America. All rights reserved. CG 72 02 12 11
Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 1 of 8
INSURED'S COPY
r
DESCRIPTION PAGE FOUND
Non-Owned Watercraft (under 60 feet) Page 3
Personal And Advertising Injury
Contractual Exclusion Amended (Excludes Advertisement) Page 4
Discrimination and Humiliation Amendment(Not applicable in New York; Excludes Page 7
Advertisement)
Products Amendment- Not-for-profit and Golf Page 4
Supplementary Payments Amended - Bail Bonds($5,000) and Loss of Earnings ($1,000) Page 4
Temporary Workers
Employee Definition Amended (including status as an insured) Page 8
Employer's Liability Exclusion Amended (Not applicable in New York) Page 3
Injuries or Damages by Certain Employees (co-employee damages) Page 5
Unintentional Failure to Disclose Hazards Page 7
Waiver of Transfer of Rights of Recovery(subrogation) Page 7
When Two or More Coverage Parts of this Policy Apply to a Loss Page 3
Copyright, 2011 Selective Insurance Company of America. All rights reserved. CG 72 02 12 11
Includes copyrighted material of Insurance Services Office, Inc„with its permission. Page 2 of 8
INSURED'S COPY
T ELITEPAC
General Liability Extension
COMMERCIAL GENERAL LIABILITY
CG 72 02 12 11
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies the insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The SECTIONS of the Commercial General Liability Coverage Part identified in this endorsement will be amended as
shown below. However, when two or more Coverage Parts of this policy apply to a loss, only the broadest coverage
of this policy will apply, unless specifically stated otherwise within the particular amendment covering that loss.
COVERAGES -Amendments (7) Any aircraft, not owned or operated by any insured,
SECTION I - COVERAGE A BODILY INJURY AND that is hired, chartered or loaned with a paid crew.
PROPERTY DAMAGE LIABILITY However, if the insured has any other valid and
collectible insurance for "bodily injury" or "property
COVERAGE EXTENSION damage"that would be covered under this provision,
Property Damage-"Golfing Facilities" or on any other basis, this coverage is then excess,
If you operate a "golfing facility", Paragraph 1. Insuring and subject to Condition 4. Other Insurance, b.
Agreement under COVERAGE A BODILY INJURY Excess Insurance under SECTION IV - COMMER-
AND PROPERTY DAMAGE LIABILITY is amended to CIAL GENERAL LIABILITY CONDITIONS.
include the following: Damage To Premises Rented to You
"Property damage" to any property not owned by you, A. The last paragraph of Paragraph 2. Exclusions
caused by golf balls originating from your premises, under COVERAGE A BODILY INJURY AND PROP-
regardless of your legal liability for the damage. The ERTY DAMAGE is deleted in its entirety and
most we will pay under this extension is a sub-limit of replaced with the following:
$2,500 per 'Occurrence". No deductible applies to loss Exclusions c. through n. do not apply to damage by
under this extension. fire, lightning or explosion to premises rented to you
EXCLUSIONS or temporarily occupied by you with the permission
Employer's Liability Amendment of the owner. A separate limit of insurance applies to
this coverage as described in SECTION III - LIMITS
(This provision is not applicable in New York). OF INSURANCE.
The following is added to Exclusion e. Employer's Lia- B. Paragraph 6. under SECTION III - LIMITS OF
bility under COVERAGE A BODILY INJURY AND INSURANCE is deleted in its entirety and replaced
PROPERTY DAMAGE LIABILITY, 2. Exclusions: with the following:
This exclusion also does not apply to any "temporary 6. Subject to Paragraph 6. above, the most we will
worker". pay under COVERAGE A for damages because
Non-Owned Aircraft,Auto or Watercraft of"property damage"to any one premises, while
The following is added to Exclusion g. Aircraft,Auto Or rented to you, or in the case of damage caused
by fire, lightning or explosion,while rented to you
Watercraft under COVERAGE A BODILY INJURY
AND PROPERTY DAMAGE LIABILITY, 2. Exclusions: or temporarily occupied by you with permission
of the owner,for all such damage caused by fire,
This exclusion does not apply to: lightning or explosion proximately caused by the
(6) A watercraft you do not own that is less than 60 feet same event, whether such damage results from
long, and not being used to carry persons or fire, lightning or explosion or any combination of
property for a charge. Any person is an insured who the three, is the higher of $500,000 or the
uses or is responsible for the use of such watercraft amount shown in the Declarations for the
with your expressed or implied consent. However, if Damage To Premises Rented To You Limit.
the insured has any other valid and collectible
insurance for "bodily injury" or "property damage"
that would be covered under this provision, or on
any other basis, this coverage is then excess, and
subject to Condition 4. Other Insurance, b. Excess
Insurance under SECTION IV - COMMERCIAL
GENERAL LIABILITY CONDITIONS.
Copyright, 2011 Selective Insurance Company of America. All rights reserved. CG 72 02 12 11
Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 3 of 8
INSURED'S COPY
C. Paragraph a. of Definition 9. "Insured contract" under a. Any Insured
SECTION V - DEFINITIONS is deleted in its entirety To any insured.
and replaced with the following:
a. A contract for a lease of premises. However,that This exclusion does not apply to:
portion of the contract for a lease of premises (1) "Golfing facility" members who are not paid a
that indemnifies any person or organization for fee, salary, or other compensation;
damage by fire, lightning or explosion to prem- (2) "Not-for-profit members"; or
ises while rented to you or temporarily occupied
by you with the permission of the owner is not an (3) "volunteer workers".
"insured contract"; This exclusion exception does not apply if COVERAGE
Electronic Data Liability C MEDICAL PAYMENTS is excluded by another
endorsement to this Coverage Part.
Exclusion p. Electronic Data under COVERAGE A product Amendment
BODILY INJURY AND PROPERTY DAMAGE LIABIL-
ITY, 2. Exclusions is deleted in its entirety and replaced Exclusion f. Products-Completed Operations Hazard
by the following: under COVERAGE C MEDICAL PAYMENTS, 2.
p. Electronic Data Exclusions is deleted in its entirety and replaced with
the following:
Damages arising out of the loss of, loss of use of, f. Products-Completed Operations Hazard
damage to, corruption of, inability to access, or ina-
bility to manipulate "electronic data" that does not Included within the "products-completed operations
result from physical injury to tangible property. hazard".
The most we will pay for damages arising out of the This exclusion does not apply to "your products"sold
loss of, loss of use of, damage to, corruption of, ina- for use or consumption on your premises, while such
bility to access, or inability to manipulate "electronic products are still on your premises, if you are a not-
data" that results from physical injury to tangible for-profit operation or a"golfing facility".
property is a sub-limit of $100,000 for `property This exclusion exception, does not apply if COVERAGE
damage" because of all applicable loss of"electronic C MEDICAL PAYMENTS is excluded by another
data" arising out of any one "occurrence". endorsement to this Coverage Part.
SECTION I -COVERAGE B PERSONAL AND ADVER- Recreational Medical Payments-Amateur Golf
TISING INJURY LIABILITY Exclusion e. Athletics Activities under COVERAGE C
EXCLUSIONS MEDICAL PAYMENTS, 2. Exclusions is deleted in its
Contractual Exclusion Amendment entirety and replaced with the following:
Exclusion e. Contractual Liability under COVERAGE B e. Athletics Activities
PERSONAL AND ADVERTISING INJURY, 2. Exclu- To a person injured while practicing, instructing or
sions is deleted in its entirety and replaced with the fol- participating in any physical exercises or games,
lowing: sports or athletic contests.
e. Contractual Liability If you are a "golfing facility", this exclusion does not
"Personal and advertising Injury" for which the apply to a person injured as a result of their partici-
insured has assumed liability in a contract or pation in amateur athletics that are recreational in
agreement arising out of an "advertisement". This nature,
exclusion does not apply to liability for damages that This exclusion exception does not apply if COVERAGE
the insured would have in the absence of the C MEDICAL PAYMENTS is excluded by another
contract or agreement. endorsement to this Coverage Part.
SECTION I-COVERAGE C MEDICAL PAYMENTS SECTION I - SUPPLEMENTARY PAYMENTS-
EXCLUSIONS COVERAGES A AND B
Any Insured Amendment Expenses For Bail Bonds And Loss Of Earnings
Exclusion a. Any Insured under COVERAGE C A. Subparagraph 1.b. under SUPPLEMENTARY
MEDICAL PAYMENTS, 2. Exclusions is deleted in its PAYMENTS - COVERAGES A AND B is deleted in
entirety and replaced with the following: its entirety and replaced with the following:
b. Up to $5,000 for cost of bail bonds required
because of accidents or traffic law violations
arising out of the use of any vehicle to which
Bodily Injury Liability Coverage applies. We do
not have to furnish these bonds.
Copyright, 2011 Selective Insurance Company of America. All rights reserved. CG 72 02 12 11
Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 4 of 8
INSURED'S COPY
B. Subparagraph 1.d. under SUPPLEMENTARY B. The following paragraph is added to SECTION II-
PAYMENTS - COVERAGES A AND B is deleted in WHO IS AN INSURED, Paragraph 3:
its entirety and replaced with the following: If you are engaged in the business of construction of
d. All reasonable expenses incurred by the insured dwellings three stories or less in height, or other
at our request to assist us in the investigation or buildings three stories or less in height and less than
defense of the claim or "suit", including actual 25,000 square feet in area, you will also be an
loss of earnings up to $1,000 a day because of insured with respect to "your work" only, for the
time off from work, period of time described above, for your liability
SECTION II -WHO IS AN INSURED -Amendments arising out of the conduct of any partnership or joint
venture of which you are or were a member, even if
Not-for-Profit Organization Members that partnership or joint venture is not shown as a
The following paragraph is added to SECTION II -WHO Named Insured. However,this provision only applies
IS AN INSURED: if you maintain or maintained an interest of at least
If you are an organization other than a partnership,joint fifty percent in that partnership or joint venture for
venture, or a limited liability company, and you are a not- the period of that partnership or joint venture.
for-profit organization, your officials, trustees, board This provision does not apply to any partnership or joint
members, insurance managers, and "not-for-profit mem- venture that has been dissolved or otherwise ceased to
bers" are included as additional insureds, however only function for more than thirty-six months.
with respect to their liability for your activities or activities With respect to the insurance provided by this provision,
they perform on your behalf. Newly Formed or Acquired Organizations, the follow-
Employees As Insureds Modified ing is added to SECTION IV - COMMERCIAL GEN-
A. Subparagraph 2.a.(1)(a) under SECTION II - WHO ERAL LIABILITY, Paragraph 4. Other Insurance, Sub-
IS AN INSURED does not apply to "bodily injury" to paragraph b. Excess Insurance:
a "temporary worker" caused by a co-"employee" The insurance provided by this provision, Newly Formed
who is not a "temporary worker". or Acquired Organizations, is excess over any other
B. Subparagraph 2.a.(2) under SECTION II - WHO IS insurance available to the insured, whether primary,
AN INSURED does not apply to "property damage" excess, contingent or on any other basis.
to the property of a "temporary worker" caused by a (All other provisions of this section remain unchanged).
co-"employee"who is not a"temporary worker". Blanket Additional Insureds - As Required By
C. Subparagraph 2.a.(1)(d) under SECTION II - WHO Contract
IS AN INSURED does not apply to "bodily injury" Subject to the Primary and Non-Contributory provision
caused by cardio-pulmonary resuscitation or first aid set forth in this endorsement, SECTION II -WHO IS AN
services administered by a co-"employee". INSURED is amended to include as an additional
Newly Formed Or Acquired Organizations insured any person or organization whom you have
A. Subparagraph 3.a. under SECTION II -WHO IS AN agreed in a written contract, written agreement or written
INSURED is deleted in its entirety and replaced with permit that such person or organization be added as an
the following: additional insured on your policy. Such person or organi-
zation is an additional insured only with respect to liabil-
a. Coverage under this provision is afforded only ity for "bodily injury" or "property damage" or "personal
until the 180th day after you acquire or form the and advertising injury"caused, in whole or in part, by:
organization or the end of the policy period, 1. Your ongoing operations, "your product", or premises
whichever is earlier. However, COVERAGE A owned or used by you; however this provision does
does not apply to "bodily injury" or "property not include any architects, engineers, or surveyors
damage that occurred before you acquired or with respect to any injury or damage arising out of
formed the organization.
the rendering or failure to render any professional
services by or for you, including:
a. The preparing, approving, or failing to prepare or
approve, maps, shop drawings, opinions,
reports, surveys, field orders, change orders or
drawings and specifications; and
Copyright, 2011 Selective Insurance Company of America. All rights reserved. CG 72 02 12 11
Includes copyrighted material of Insurance Services Office, Inc,,with its permission, Page 5 of 8
INSURED's COPY
b. Supervisory, inspection, architectural or engi- f. Products which, after distribution or sale by you,
neering activities. have been labeled or re-labeled or used as a
2. Your maintenance, operation or use of equipment, container, part of ingredient of any other thing or
other than aircraft, "auto" or watercraft, rented or substance by or for the vendor; however this
leased to you by such person or organization. A insurance does not apply to any insured person
person or organization's status as an additional or organization, from who you have acquired
insured under this endorsement ends when their such products, or any ingredient, part or con-
contract, or agreement with you for such rented or tainer, entering into, accompanying or containing
leased equipment ends. With respect to the insur- such products.
ance afforded to these additional insureds, this insur- The provisions of this coverage extension do not apply
ance does not apply to any"occurrence"which takes unless the written contract or written agreement has
place after the rental agreement or equipment lease been executed (executed means signed by the named
expires. insured) prior to the"bodily injury"or"property damage".
The provisions of this coverage extension do not apply Incidental Malpractice
unless the written contract or written agreement has Subparagraph 2.a.(1)(d) under SECTION II - WHO IS
been executed (executed means signed by the named AN INSURED is deleted in its entirety and replaced with
insured) or written permit issued prior to the "bodily the following:
injury" or"property damage" or"personal and advertising
injury. (d) Arising out of his or her providing or failing to provide
Broad Form Vendors Coverage professional health care services. This does not
apply to nurses, emergency medical technicians or
Subject to the Primary and Non-Contributory provision paramedics. if you are not in the business or occupa-
set forth in this endorsement, SECTION II-WHO IS AN tion of providing any such professional services.
INSURED is amended to include as an additional "Golfing Facilities"-Golf or Tennis Pros
insured any person or organization (referred to below as
vendor) whom you have agreed in a written contract or The following is added to SECTION 11 - WHO IS AN
written agreement to add as an additional insured on INSURED:
your policy. Such person or organization is an additional If you operate a "golfing facility", any golf or tennis pros
insured only with respect to "bodily injury" or "property are additional insureds. Golf or tennis pros means any
damage" arising out of"your products" which are distrib- person, other than your "employees", whose primary
uted or sold in the regular course of the vendor's busi- responsibilities include golf or tennis instruction or
ness, however the insurance afforded the vendor does operation of a golf or tennis pro shop, however only with
not apply to: respect to their liability for your activities, or activities
a. "Bodily injury"or"property damage"for which the they perform on your behalf, or their liability for the main-
vendor is obligated to pay damages by reason of tenance, use or operation of golf or tennis pro shop
the assumption of liability in a contract or agree- premises you rent or lease to them.
ment; however this exclusion does not apply to SECTION III -LIMITS OF INSURANCE
liability for damages that the vendor would have Increased Medical Payments
in the absence of the contract or agreement;
b. Any express warranty unauthorized by you; Paragraph 7. under SECTION III - LIMITS OF INSUR-
ANCE is deleted in its entirety and replaced with the fol-
c. Any physical or chemical change in the product lowing:
made intentionally by the vendor; 7. Subject to Paragraph 5. above, the Medical Expense
d. Repackaging, unless unpacked solely for the Limit under COVERAGE C will be $15,000, or the
purpose of inspection, demonstration, testing, or amount shown in the Declarations for Medical
the substitution of parts under instructions from Expense Limit, whichever is higher, for all medical
the manufacturer, and then repackaged in the expenses because of"bodily injury"sustained by any
original container; one person.
e. Any failure to make such inspections, adjust- This provision, Increased Medical Payments, does not
ments, tests or servicing as the vendor has apply if COVERAGE C MEDICAL PAYMENTS is
agreed to make or normally undertakes to make excluded by another endorsement to this Coverage Part.
in the usual course of business in connection
with the sale of the product; or
Copyright, 2011 Selective Insurance Company of America. All rights reserved. CG 72 02 12 11
Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 6 of 8
INSURED's COPY
SECTION IV - COMMERCIAL GENERAL LIABILITY Waiver Of Transfer Of Rights Of Recovery
CONDITIONS -Amendments The following is added to Paragraph 8. Transfer of
Knowledge Of Occurrence,Claim,Suit Or Loss Rights Of Recovery Against Others To Us under
The following is added to Paragraph 2. Duties in the SECTION IV - COMMERCIAL GENERAL LIABILITY
Event of Occurrence, Offense, Claim or Suit under CONDITIONS:
SECTION IV - COMMERCIAL GENERAL LIABILITY We will waive any right of recovery we may have against
CONDITIONS: a person or organization because of payments we make
The requirements under this paragraph do not apply until for"bodily injury" or"property damage" arising out of your
after the "occurrence" or offense is known to: ongoing operations or "your work" done under a written
contract or written agreement and included in the
1. You, if you are an individual; "products-completed operations hazard", if:
2. A partner, if you are a partnership; 1. You have agreed to waive any right of recovery
3. An "executive officer" or insurance manager, if you against that person or organization in a written con-
are a corporation; tract or written agreement;
4. Your members, managers or insurance manager, if 2. Such person or organization is an additional insured
you are a limited liability company; or on your policy; or
5. Your elected or appointed officials, trustees, board 3. You have assumed the liability of that person or
members, or your insurance manager if you are an organization in that same contract, and it is an
organization other than a partnership, joint venture, "insured contract".
or limited liability company. The section above only applies to that person or organ-
Primary and Non-Contributory Provision ization identified above, and only if the "bodily injury" or
The following is added to Paragraph 4. Other Insur- "property damage" occurs subsequent to the execution
ance, b. Excess Insurance under SECTION IV - of the written contract or written agreement.
COMMERCIAL GENERAL LIABILITY CONDITIONS: If you are a "golfing facility", we will also waive any right
This insurance shall be excess with respect to any of recovery we may have against any of your members
person or organization included as an additional insured or their guests because of payments we make for"bodily
under this policy, any other insurance that person or injury" or"property damage" arising out of their actions at
organization has shall be primary with respect to this your premises to which this Coverage Part applies.
insurance, unless: However, this provision does not apply to "bodily injury"
or "property damage" that is expected or intended by
(1) The additional insured is a Named Insured under your member or their guest.
such other insurance;
Liberalization
(2) You have agreed in a written contract,written agree- The following condition is added to SECTION IV-
ment or written permit to include that additional COMMERCIAL GENERAL LIABILITY CONDITIONS:
insured on your General Liability policy on a primary
and/or non-contributory basis; and If we revise this Coverage Part to provide more coverage
(3) The written contract or written agreement has been without additional premium charge, subject to our filed
executed (executed means signed by the named company rules, your policy will automatically provide the
insured) or written permit issued prior to the "bodily additional coverage as of the day the revision is effective
injury" or"property damage" or"personal and adver- in your state.
tising injury". SECTION V-DEFINITIONS
Unintentional Failure To Disclose Hazards Discrimination And Humiliation
The following is added to Paragraph 6. Representations (This provision does not apply in New York).
under SECTION IV - COMMERCIAL GENERAL A. The following is added to Definition 14. "Personal
LIABILITY CONDITIONS: and advertising injury-:
However, if you should unintentionally fail to disclose any "Personal and advertising injury" also means "dis-
existing hazards in your representations to us at the crimination" or humiliation that results in injury to the
inception date of the policy, or during the policy period in feelings or reputation of a natural person, however
connection with any additional hazards, we shall not only if such "discrimination"or humiliation is:
deny coverage under this Coverage Part based upon
such failure to disclose hazards.
Copyright, 2011 Selective Insurance Company of America. All rights reserved. CG 72 02 12 11
Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 7 of 8
INSURED'S COPY
I. Not done by or at the direction of: b. Loss of, loss of use of, damage to, corruption of,
a. The insured; or inability to access, or inability to properly manip-
ulate "electronic data", resulting from physical
b. Any "executive officer" director, stockholder, injury to tangible property. All such loss of
partner, manager or member of the insured; "electronic data" shall be deemed to occur at the
2. Not done intentionally to cause harm to another time of the "occurrence"that caused it.
person. For the purpose of the Electronic Data Liability coverage
3. Not directly or indirectly related to the employ- provided by this endorsement, "electronic data" is not
ment, prospective employment or termination of tangible property.
employment of any person or persons by any Employee Amendment
insured.
Definition 5. "Employee" under SECTION V-
4. Not arising out of any "advertisement" by the DEFINITIONS is deleted in its entirety and replaced by
insured. the following:
B. The following definition is added to SECTION V- 5. "Employee" includes a "leased worker", or a
DEFINITIONS: "temporary worker".
"Discrimination" means: Golfing Facility
a. Any act or conduct that would be considered The following definition is added to SECTION V-
discrimination under any applicable federal, DEFINITIONS:
state, or local statute,ordinance or law; "Golfing or
g facilit y "golfing facilities" means a golf
b. Any act or conduct that results in disparate course, golf club,driving range, or miniature golf course.
treatment of, or has disparate impact on, a per- Mental Anguish Amendment
son, because of that person's race, religion, g
gender, sexual orientation, age, disability or (This provision does not apply in New York).
physical impairment; or Definition 3. "Bodily injury" under SECTION V-
c. Any act or conduct characterized or interpreted DEFINITIONS is deleted in its entirety and replaced with
as discrimination by a person based on that the following:
person's race, religion, gender, sexual orienta- 3. "Bodily injury" means bodily injury, sickness or
tion, age, disability or physical impairment. disease sustained by a person, including death
Electronic Data resulting from any of these at any time. This includes
The following definition is added to SECTION V- mental anguish resulting from any bodily injury,
DEFINITIONS: sickness or disease sustained by a person. (In New
York, mental anguish has been determined to be
"Electronic data" means information, facts or programs "bodily injury").
stored as or on, created or used on, or transmitted to or
from computer software (including systems and applica-
tions software), hard or floppy disks, CD-ROMS, tapes, The following definition is added to SECTION V-
drives, cell, data processing devices or any other media DEFINITIONS:
which are used with electronically controlled equipment. °Not-far-profit member' means a person who is a
For the purpose of the Electronic Data Liability coverage member of a not-for-profit organization, including clubs
provided by this endorsement, Definition 17. "Property and churches, who receive no financial or other
damage" is deleted in its entirety and replaced by the compensation.
following:
17. "Property damage" means:
a. Physical injury to tangible property, including all
resulting loss of use of that property. All such
loss of use shall be deemed to occur at the time
of the physical injury that caused it; or
Copyright, 2011 Selective Insurance Company of America. All rights reserved. CG 72 02 12 11
Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 8 of 8
INSURED'S COPY
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS - AUTOMATIC
STATUS WHEN REQUIRED IN CONSTRUCTION
AGREEMENT WITH YOU
COMMERCIAL GENERAL LIABILITY
CG 79 21 01 10
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. SECTION II — WHO IS AN INSURED is amended to This insurance does not apply to:
include as an additional insured any person or organi-
zation whom you have agreed in a written contract or "Bodily injury", "property damage"or"personal
written agreement to add as an additional insured on and advertising injury' arising out of the
your policy. Such person or organization is an addi- rendering of, or the failure to render, any pro-
tional insured only with respect to liability for "bodily fessional architectural, engineering or
injury" or "property damage" caused, in whole or in surveying services, including:
part, by "your work" performed for that additional
insured and included in the "products-completed (1) The preparing, approving, or failing to pre-
operations hazard". pare or approve, maps, shop drawings,
opinions, reports, surveys, field orders,
B. With respect to the insurance afforded to these addi- change orders or drawings and specifica-
tional insureds, the following additional exclusions tions; or
apply. (2) Supervisory, inspection, architectural or
engineering activities.
This coverage shall be excess with respect to
the person or organization included as an
additional insured by its provisions; any other
valid and collectible insurance that person or
organization has shall be primary with respect
to this insurance, unless this coverage is
required to be primary and/or not contributory
in the contract or agreement referred to
above.
Copyright, 2009 Selective Insurance Company of America.All rights reserved. CG 79 21 01 10
Includes copyrighted material of Insurance Services Office, Inc.,with its permission, Page 1 of 1
INSURED's COPY
NORTH CAROLINA UNINSURED
MOTORISTS COVERAGE
POLICY NUMBER: S 2002862 COMMERCIAL AUTO
CA 21 16 0410
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
For a covered "auto" licensed or garaged in, or "garage operations" conducted in, North Carolina, this endorsement
modifies insurance provided underthe following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the coverage form apply unless modified by the
endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Named Insured:
Endorsement Effective Date:
SCHEDULE
Limit Of Insurance: $1,000,000 Each "Accident"
Information required to complete this Schedule, if not shown above,will be shown in the Declarations.
The definition of"uninsured motor vehicle" in this endorsement applies in its entirety unless an"X" is entered below:
❑ If an "X"is entered in this box, Paragraph b. of the definition of"uninsured motor vehicle"does not apply.
A. Coverage a. The limits of any applicable liability bonds
1. We will pay all sums the "insured" is legally entitled or policies have been exhausted by pay-
to recover as compensatory damages from the ment of judgments or settlements; or
owner or driver of: b. A tentative settlement has been made
a. An "uninsured motor vehicle" because of"bod- between an "insured" and the insurer of a
ily injury" sustained by the "insured" and vehicle described in Paragraph b. of the
caused by an"accident"; and definition of"uninsured motor vehicle" and
we:
b. An "uninsured motor vehicle", as defined in (1) Have been given prompt written
Paragraphs a. and c. of the definition of"unin-
sured notice of such tentative settlement;
motor vehicle", because of "property and
damage"caused by an "accident".
The owner's or driver's liability for these damages (2) Advance payment to the "insured" in
must result from the ownership, maintenance or an amount equal to the tentative set-
use of the "uninsured motor vehicle". tlement within 30 days after receipt of
notification.
2. With respect to damages resulting from an "acci- 3. Any judgment for damages arising out of a
dent" with a vehicle described in Paragraph b. of "suit" brought without damages arising
a co of the
the definition of 'uninsured motor vehicle", we will g sending copy
pay under this coverage only if Paragraph a. or b. summons, complaint or other process against
below applies: an uninsured motorist is not binding on us.
Copyright, Insurance Services Office, Inc., 2009 CA 21 16 04 10
Page 1 of 4
INSURED'S COPY
B. Who Is An Insured 8. "Bodily injury" or "property damage" arising
If the Named Insured is designated in the Declarations directly or indirectly out Of
as: a. War, including undeclared or civil war;
1. An individual,then the following are "insureds": b. Warlike action by a military force, includ-
a. The Named Insured and any "family mem- ing action in hindering or defending
bers". against an actual or expected attack, by
b. Anyone else "occupying" a covered "auto" or a any government, sovereign or other
temporary substitute for a covered "auto". The authority using military personnel or other
agents; or
covered "auto" must be out of service because
of its breakdown, repair, servicing, "loss" or c. Insurrection, rebellion, revolution, usurped
destruction. power, or action taken by governmental
authority in hindering or defending against
c. Anyone for damages he or she is entitled to any of these.
recover because of"bodily injury"sustained by
another"insured". D. Limit Of Insurance
2. A partnership, limited liability company, corporation 1. Regardless of the number of covered "autos",
or any other form of organization, then the follow- "insureds", premiums paid, claims made or
ing are"insureds": vehicles involved in the "accident", the most
we will pay for all damages resulting from any
a. Anyone "occupying" a covered "auto" or a tem- one "accident" is the limit of Uninsured Motor-
porary substitute for a covered "auto". The cov- ists Coverage shown in the Declarations.
ered "auto" must be out of service because of
its breakdown, repair, servicing, "loss" or 2. No one will be entitled to receive duplicate
destruction. payments for the same elements of "loss"
under this coverage form and any Liability
b. Anyone for damages he or she is entitled to Coverage Form or Medical Payments Cover-
recover because of"bodily injury" sustained by age Endorsement attached to this Coverage
another"insured". Part.
c. The Named Insured for "property damage" We will not make a duplicate payment under
only. this coverage for any element of "loss" for
C. Exclusions which payment has been made by or for any-
This coverage does not apply to: one who is legally responsible.
1. Any claim settled by the "insured" or any legal rep- We will not pay for any element of"loss" if a
resentative of the "insured" without our consent. person is entitled to receive payment for the
However, this exclusion does not apply to a settle- same element of "loss" under any workers'
ment made with the insurer of a vehicle described compensation, disability benefits or similar law
in Paragraph b. of the definition of "uninsured exclusive of non-occupational disability bene-
motor vehicle" in accordance with the procedure fits.
described in Paragraph A.2.b. E. Changes In Conditions
2. The direct or indirect benefit of any insurer or self- The Conditions are changed for Uninsured Motor-
insurer under any workers'compensation,disability ists Coverage as follows:
benefits or similar law. 1. Other Insurance in the Business Auto and
3. The direct or indirect benefit of any insurer of prop- Garage Coverage Forms and Other
erty. Insurance -Primary And Excess Insurance
4. An "auto" or property contained in the "auto" other Provisions in the Truckers and Motor Carrier
than a covered "auto" Coverage Forms are replaced by the follow-
s. The first $100 of the amount of"property damage" ing:
to the property of each "insured" as the result of If there is other applicable insurance available
any one"accident". under one or more policies or provisions of
coverage:
6. Anyone using a vehicle without a reasonable belief a. The maximum recovery under all cov-
that the person is entitled to do so. erage forms or policies combined may
7. Punitive or exemplary damages. equal but not exceed the highest applica-
ble limit for any one vehicle under any
coverage form or policy providing cover-
age on either a primary or excess basis.
Copyright, Insurance Services Office, Inc., 2009 CA 21 16 04 10
Page 2 of 4
INSURED'S COPY
b. Any insurance we provide with respect to a d. A person seeking coverage from an
vehicle: insurer, owner or operator of a vehicle
(1) The Named Insured does not own; or described in Paragraph b. of the definition
of "uninsured motor vehicle" must also
(2) Owned by the Named Insured or, if the promptly notify us in writing of a tentative
Named Insured is an individual, any"family settlement between the "insured" and the
member", that is not a covered "auto" for insurer and allow us to advance payment
Uninsured Motorists Coverage under this to that"insured" in an amount equal to the
coverage form; tentative settlement within 30 days after
shall be excess over any other collectible unin- receipt of notification to preserve our
sured motorists insurance providing coverage rights against the insurer, owner or opera-
on a primary basis. for of such vehicle.
c. If the coverage under this coverage form is 3. Transfer Of Rights Of Recovery Against
provided: Others To Us is changed as follows:
(1) On a primary basis, we will pay only our a. If we make any payment on the Named
share of the loss that must be paid under Insured's behalf, we are entitled to
insurance providing coverage on a primary recover what we paid from other parties.
basis. Our share is the proportion that our The Named Insured must transfer rights
limit of liability bears to the total of all of recovery against others to us. The
applicable limits of liability for coverage on Named Insured must do everything nec-
a primary basis. essary to secure these rights and do
(2) On an excess basis, we will pay only our nothing to jeopardize them.
share of the loss that must be paid under However, our rights under this paragraph
insurance providing coverage on an do not apply with respect to vehicles
excess basis. Our share is the proportion described in Paragraphs FA.a., c. and d.
that our limit of liability bears to the total of of the definition of "uninsured motor vehi-
all applicable limits of liability for coverage cle". For these vehicles, if we make any
on an excess basis. payment and the Named Insured recovers
from another party, that Named Insured
2. Duties In The Event Of Accident, Claim, Suit Or must hold the proceeds in trust for us and
Loss is changed by adding the following: pay us back the amounts we have paid.
a. Promptly notify the police if a hit-and-run driver b. Our rights do not apply under this provi-
is involved. sion with respect to damages caused by
b. Promptly send us copies of the legal papers if an "accident" with a vehicle described in
a "suit" is brought. A "suit" may not be brought Paragraph b. of the definition of "unin-
against anyone legally responsible for the use sured motor vehicle" if we:
of any "auto" involved in the "accident" until 60 (1) Have been given prompt written
days after an "insured" notifies us or our agent notice of a tentative settlement
of his or her belief that the prospective defen- between an "insured" and the insurer
dant is an uninsured motorist. of a vehicle described in Paragraph b.
c. Any person who intends to pursue recovery of the definition of "uninsured motor
against the owner or operator of an "uninsured vehicle"; and
motor vehicle", as described in Paragraph b.of (2) Fail to advance payment to the "in-
the definition of "uninsured motor vehicle", for sured" in an amount equal to the
damages beyond those paid or payable under tentative settlement within 30 days
this policy shall give us: after receipt of notification.
(1) Notice of such intent; and If we advance payment to the "insured" in
(2) The opportunity to participate, at our an amount equal to the tentative settle-
expense, in the prosecution of such claim. ment within 30 days after receipt of notifi-
cation:
(1) That payment will be separate from
any amount the "insured" is entitled to
recover under the provisions of
Underinsured Motor Vehicle Cover-
age; and
(2) We also have a right to recover the
advanced payment.
Copyright, Insurance Services Office, Inc., 2009 CA 21 16 0410
Page 3 of 4
INSURED'S COPY
a "
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13
(Ed. 4-84)
a
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will
not enforce our right against the person or organization named in the Schedule. (This agreement applies
only to the extent that you perform work under a written contract that requires you to obtain this
agreement from us.)
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
BLANKET WAIVER OF SUBROGATION
PROJECT: ANY PERSON OR ORGANTZATION WHEN REQUIRED BY WRITTEN CONTRACT
This endorsement changes the policy to which it is attached and is effective on the datAby
se stated.
(The information below Is required only when this endorsement W issued subsequenoUoy.)
Endorsement Effective 10/31/2013 Policy No.pWC1009951
Insured
I i �sn �rir Quilders Inc. Countersigne
Builders Mutual Insurance Co.
WC 00 03 13
(Ed. 4-84) Copyrigh t 1983 National Council on Compensation Insurance.
THIRD PARTY NOTICE TO DESIGNATED PERSON(S)
OR ORGANIZATION(S)
POLICY NUMBER: 52002862 IL 79 90 10 10
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
BUSINESS AUTO COVERAGE PART
COMMERCIAL UMBRELLA LIABILITY COVERAGE PART
GARAGE COVERAGE PART
BUSINESSOWNERS COVERAGE PART
The policy provisions relating to cancellation or non- If we cancel the policy for nonpayment of premium, the
renewal as provided in the Condition Section or as number of days advance notice provided to the
amended by any applicable state cancellation endorse- person(s) or organization(s) listed in the Schedule below
ments are modified as follows: will be as required by law.
If we cancel or non-renew this policy for any reason If notice is mailed, proof of mailing to the address shown
other than nonpayment of premium or at the request of in the Schedule below will be sufficient proof of notice.
or on behalf of the Named Insured, we agree that the In no event will coverage extend beyond the actual
individual person(s) or organization(s) listed in the expiration, termination or cancellation of the policy.
Schedule below and the Named Insured will be notified
prior to the effective date of cancellation when such Nothing in this endorsement shall confer additional
notice is required in a written contract. The manner and insured status on any entity scheduled herein.
timing of the notice will be as required by law, or the
number of days shown in the Schedule below, whichever
is greater. A transfer of this policy from one insurance
affiliate to another within the same insurance holding
group shall not be deemed a cancellation, unless
prohibited by law.
Name of Persons or Organization(s) Maillinq Address No.Of Days Notice
Orange County PO BOX 8181 30
Hillsborough, NC 27278
Copyright, 2010 Selective Insurance Company of America. All rights reserved. IL 79 90 10 10
Page 1 of 1
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 32 06 01 A
(Ed. 07-10)
CANCELLATION AND NON-RENEWAL ENDORSEMENT
This endorsement applies only to the insurance provided by the policy because North Carolina is shown in
item 3.A. of the Information Page.
It is hereby understood and agreed that all cancellation provisions in the policy addressing the required
number of days notice for cancellation by us or non-renewal by us are amended as follows:
a. 30 days notice will be given for notice of cancellation for non-payment of premium.
b. 30 days notice will be given for notice of cancellation for any other reason.
C. 45 days notice will be given for non-renewal.
Notwithstanding the provisions above, in no event will the number of days notice for cancellation or for non-
renewal be fewer than the number of days required by North Carolina law.
In the event of cancellation or nonrenewal of the policy, we will mail notice to the named insured, and to the
additional person(s)or organization(s) named in the Schedule below, as required by North Carolina law:
SCHEDULE
Orange County
PO BOX 8181
Hillsborough, NC 27278
ALL WORK PERFORMED AS REQUIRED BY WRITTEN CONTRACT
30 DAYS NOTICE WILL BE GIVEN FOR REDUCTION IN POLICY COVERAGE AMOUNT
IN NO EVENT WILL THE NUMBER OF DAYS NOTICE BE FEWER THAN THE NUMBER
OF DAYS REQUIRED BY NORTH CAROLINA LAW.
THIS NOTIFICATION WIL BE SENT BY CERTIFIED MAIL RETURN RECEIPT
REQUESTED
This endorsement changes the policy o which it is attached and is effective on the date issued unless otherwise stated.
I is y
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective 03/25/14 Policy No. PWC1009951 00 Endorsement No.
Insured RIGGS HARROD BUILDERS INC Policy ctive Date 0/31/13
Insurance Company Builders Premier Countersigned by
WC 32 06 01 A