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HomeMy WebLinkAbout2018-093-E AMS - Century Slate Company Replace roof at SDCDocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 NORTH CAROLINA ORANGE COUNTY CONSTRUCTION SERVICES AGREEMENT UNDER $50,000 THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement "), is made and entered into this 14th day of March, 2018 by and between Orange County, North Carolina (hereinafter the "Owner ") party of the first part; and Century Slate Company (hereinafter the "Contractor "), parry of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the Owner hereby contracts for the construction services of the Contractor, and the Contractor agrees to provide the construction services to the Owner in accordance with the terms of this Agreement. 1. TERM AND MAXIMUM AMOUNT PAYABLE Beginning and ending dates of contract: March 14, 2018 through May 30, 2018. The Project Commencement Date shall be March 14, 2018. Dollar Amount Not to Exceed: Fourty -Three Thousand Two Hundred Fifty -Five Dollars ($43,255.00) 2. SERVICES Contractor agrees to provide the following construction services (the "Work "): Perform slate roof replacement at the Orange County Skills Development building, located in Chapel Hill. Acceptace of Voluntary alternate #2. Contractor shall not sub - contract all or any part of the construction services provided for in this Agreement without prior written approval of the Owner. Contractor shall be responsible for all errors or omissions, in the performance of the Agreement. Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to Owner. 3. PAYMENT Contractor shall submit an invoice for construction services provided. The invoice shall contain Contractor's name and federal tax identification number and shall be signed and dated by an officer of Contractor. It shall detail all construction services provided in payment requests. The Owner will make payments to Contractor within thirty (30) days after receipt of and approval of the invoice by the contracting department. In the event the amount stated on an invoice is disputed by Owner, then Owner may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. In addition, should Contractor fail to perform its duties under the terms of this Agreement, Owner may, without fault or penalty, withhold any payment associated with the Work to be performed until such time as said work is completed. 4. RELATIONSHIP OF PARTIES Contractor is an independent contractor of the Owner. Contractor represents that it has or will secure, at its own expense, all personnel required in performing the construction services under this Agreement. Such personnel shall not be employees of or have any contractual relationship Revised 10/17 1 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 with the Owner. All personnel engaged in work under this Agreement shall be fully qualified and shall be authorized or permitted under state and local law to perform such construction services. It is further agreed that Contractor will obey all State and Federal statutes, rules and regulations which are applicable to provisions of the construction services called for herein. Neither Contractor nor any employee of the Contractor shall be deemed an officer, employee or agent of the Owner. 5. SUSPENSION AND TERMINATION This Agreement may be terminated by Contractor upon thirty (30) days' written notice to the Owner, and the Owner may terminate this Agreement upon thirty (30) days' written notice to Contractor. Owner may suspend the Work at any time for Owner's convenience and without penalty to Owner upon three (3) days' notice to Contractor. Upon any suspension by Owner Contractor shall discontinue the Work and shall not resume the Work until notified to proceed by Owner. The notice required by this section or any other notice shall be delivered via certified mail, return receipt requested to the parties at the addresses as shown on the signature page to this Agreement. Such notice is deemed given upon its delivery to, or deposit in a receptacle of, the United States Post Office. 6. INSURANCE REQUIREMENTS Contractor shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by Owner's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http: / /www.oran e c�tync. o� v /departments / purchasing _division /contracts.php). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here N/A (if no additional insurance required mark N/A as being not applicable). Contractor shall not commence construction work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 7. INDEMNIFICATION Contractor agrees, without limitation, to defend, indemnify, save, and protect Owner and Owner's lender, if any, harmless from and against any and all claims, liens, liabilities, 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 negligence, act or failure to act by the Contractor, the Contractor's agents, assigns or employees resulting in property damage or personal injury, including death, or other loss related to the Work. Contractor is responsible for all errors or omissions caused by its agents, contractors, employees, or assigns in the performance of this Agreement. It is the intent of this section to require Contractor to indemnify the Owner to the full extent permitted under North Carolina law. 8. NON - ASSIGNMENT Contractor shall not assign all or any part of this Agreement, including rights to payments, to any other party without the prior written consent of the Owner. 9. NON — APPROPRIATION Revised 10/17 2 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 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. 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. 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. 10. DISPUTE RESOLUTION Any dispute with respect to any provision of, or the performance or non - performance of, this Agreement shall be subject to the Dispute Resolution Rules and Procedures for Orange County Design, Building Construction, Renovation, and Repair Projects. The policy is incorporated herein by reference and may be viewed at http: / /www.oran eg copntync. ov�/departments /purchasing division/contracts.php). 11. ENTIRE AGREEMENT The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it, together with specifically referenced documents, constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified by a written amendment to this Agreement signed by the parties. Modifications may be evidenced by telefacsimile signatures. Should any conflict arise in the terms of any documents referenced herein and this Agreement the terms of this Agreement shall be given priority and shall control over all other such documents. Should a request for proposals and a proposal be referenced the terms of the request for proposals shall have priority over the terms of the proposal. 12. COMPLIANCE WITH LAW /GOVERNING LAW Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and any action brought under this Agreement shall be brought in the General Court of Justice of the State of North Carolina in Orange County. Contractor shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal non - discrimination laws, policies, rules, and regulations and the Orange County Non - Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http: / /www.oran ec�ountync ov�/departments /purchasing division/contracts.php). Any violation of the Orange County Non - Discrimination Policy is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. By executing this Agreement Contractor affirms that Contractor and any subcontractors of Contractor are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Contractor certifies that Contractor has not been Revised 10/17 3 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 identified, and has not utilized the services of any agent or subcontractor identified, on the lists created by the State Treasurer pursuant to G.S. 147 -86.58 and G.S. 147 - 86.81. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. [SIGNATURE PAGE TO FOLLOW] Revised 10/17 4 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 IN WITNESS WHEREOF Orange County and the Contractor have signed this agreement, effective as of the day and date first above written. ORANGE COUNTY CONTRACTOR fiaLtLtil A- OAKwty 3/19/2018 B By[ P9, B � "a J S C�x at�tY County Manager Century Slate Company 200 S. Cameron St. 1310 E. Cornwallis Road P.O. Box 8181 Durham, NC Hillsborough, NC 27278 27713 Revised 10/17 5 3/12/2018 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 i Me ' entlm? 62- ate "'o. •` Office of the Purchasing .Agent To.ATTN: David Cannell rronm John Walter The Century Slate Company 1310 East Cornwallis Rd Durum, NC 27713 Phone: 919.544.8390 Fax: 919.544.8391 %\Aws.centuryslate,coni fax. 919 -636 -4913. Roves: 24 including this page Date: 02108/2018 Live Bid for today 2:OOPM Slate Roof Replacement - Skills Development Center 131D NUMBER # 1728 x Urgent l] For Review ❑ Please Ce content ❑ Please Reply ❑ Please Recycle Thank You, MMILYMPM Estimating Department CELL 919 -889 -1937 • Comments THANK YOU DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 Technical Specifications Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC Et�jI!_I -DII` - ❑IA H06TIC6 CO ^J `)UL!'M &]T,) 9601 Baileywick Rd • Raleigh, NC 27615 ww.5thwallbdc.com 919/516 -4715 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 Technical Specifications Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC Prepared By. 5thWall Building Diagnostics Consultants 9601 Baile" icic Rd Raleigh, North Carolina 27615 5thWall project No. 17 -198 August 2017 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 TECHNICAL SPECIFICATIONS FOR SLATE ROOF REPLACEMENT ORANGE COUNTY SKILLS DEVELOPMENT CENTER CHAPEL HILL, NORTH CAROLINA 5thWall Job No.: 17 -198 TABLE OF CONTENTS TITLE Pages Notice to Bidders I Instructions to Bidders 4 Form of Proposal 3 MBE Requirements 11 Form of Contract 5 Contractor Safety Record Information 4 E- Verify affidavit I Legislative Summary 4 Application and Certificate for Payment 013300 AIA Document G702* I AIA Document G703 * 1 Supplementary General Conditions 18 General Conditions of the Contract - AIA Document A201 * 38 *Items designated with an asterisk are not included in the project manual but can be reviewed at the office of the Designer. TECHNICAL SPECIFICATIONS DIVISION 1- GENERAL REQUIREMENTS Pages 010050 Special Conditions 2 010100 Summary of Work 3 012000 Price and Payment Procedures 5 012200 Project Meetings 2 013216 Construction Progress Schedule 3 013300 Submittals 4 014000 Quality Control 2 15000 Temporary Facilities and Controls 5 015639 Temporary Tree and Plant Protection 2 016000 Product Requirement 4 017700 Project Closeout Procedures 3 017710 Cleaning 2 017839 Project Record Documents 2 017850 Warranties 3 Contractor's 5 -year Warranty 1 DIVISION 2 — EXISTING CONDITIONS 024119 Selective Demolition DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 TECHNICAL SPECIFICATIONS FOR SLATE ROOF REPLACEMENT ORANGE COUNTY SKILLS DEVELOPMENT CENTER CHAPEL HILL, NORTH CAROLINA 5th'Wall Job No.: 17 -198 TABLE OF CONTENTS TITLE DIVISION 6- WOOD, PLASTICS AND COMPOSITES 061000 Rough Carpentry DIVISION 7- THERMAL AND MOISTURE PROTECTION 0733010 Slate Roofing 076200 Sheet Metal Flashing and Trim 079200 Sealants and Caulking DRAWINGS 1.01 Roof Plan 1.02 Partial Roof Plan 1.03 Details 1.04 Details 1.05 Details Pages DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 NOTICE TO BIDDERS Slate Roof Replacement Skills Development Center Chapel Hill, North Carolina Bid number 1728 FOR ORANGE COUNTY, N.C. Sealed proposals will be received by the Office of the Purchasing Agent of the Financial Services Department, PO Box 8181 (LISPS) 200 S Cameron Street Hillsborough, North Carolina 27278, until 2:00 P.M. on Thursday, February 1, 2018 for Slate Roof Replacement, Skills Development Center, 503 West Franklin Street, Chapel Hill, NC. This bid is in within the informal bid limits, therefore there will be no formal bid opening. Plans and specifications can be downloaded from the County's website at www.co.orange.nc.usJpuchasing under Current Bids or by calling 919 -245- 2651. A Mandatory Pre -Bid Conference will be held at the Skills Development Center, 503 West Franklin Street, Chapel Hill, NC at 10:30 A.M. on Thursday, the 18th day of January 2018. Attendance at the Pre -Bid Conference is mandatory, The successful bidder shall comply fully with the requirements of General Statutes, Section 143.131, as amended. By placing the bid, the Bidder agrees to allow Orange County to negotiate reasonable reductions in price with the low bidder if the low bid exceeds the project budget. After the award of the Contract, a Pre- Construction Conference will be held at a place and time established by the Designer. All contractors are hereby notified that they must have proper license under the State laws governing their respective trades. Contractors are notified that Chapter 87, Article 1, General Statutes of North Carolina, will be observed in receiving and awarding contracts. Contractors submitting bids on this project must have license classification "S- Roofing ". EaGh Proposal will be at-, mpanied with a deposit of `er'c nheGk or a nnrtified aher+lr a rash rash, bank oF tFust-.GGmpany insured by the Federal Deposit InsuFance GorpaFation in n amount equal to pot Jess than five nernent of the Proposal said .•heel. to he made payable to FBRge County North Carolina Proposal, payable cv .1 In lines of the above r chie eriifi site a Bid Qr.nd far th � e-b+•smnmi.URt and-in form hereinafter provided attaching B .,Iinn ❑.. Company'e� eRt f Clouinr of ❑#tarn ay to thy. nano provided theFeof. Change County reserves the right to reject any and all Bids and to waive minor irregularities David Cannell Purchasing Agent DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 INSTRUCTION'S 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. 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 sea] 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 enveloped, marked "Proposal" and bearing the name of project, 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. Page 1 of 4 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 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, return receipt requested and are to be considered covered in the Proposal and in closing a Contract they will became 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 three (3) days from the date set for receipt of Bids. Neither the Owner nor the Designer shall be responsible for any 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 — NOT REQUIRED 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. 5. 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 narne 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. Be advised that the contractor and the contractor's subcontractors must comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Page 2 of 4 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 6. OPENING OF BIDS Bids shall be opened in private. 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 aritlunetic 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. I). If there are unauthorized additions or conditional Bids, or irregularities of any kind which tend to make the Proposal, incomplete, indefinite, or ambiguous as to its meaning, E. If the Bidder fails to complete the Proposal forms where information is requested so the Bid may be properly evaluated by the Owner, F. If the Unit Prices contained in the Bid Schedule are unacceptable to the Owner. G. If the Bidder fails to comply with other instructions stated herein. 7. PERFORMANCE BOND The successful Bidder, upon award of Contract, shall fug aish a Performance Bond in an amount equal to one hundred percent (100 %) of the Contract price. Page 3 of 4 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 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 on January 18, 2018 at 10:30 p.m, at the Orange County Skills Developmentr Center, 503 West Franklin St., Chapel Hill, North Carolina. Attendance is Mandatory 10. INFORMATION TO BIDDERS All questions concerning the plans and specifications should be directed to the Designer. 5thWall Building Diagnostics Consultants 9601 Baileywick Rd. Raleigh, North Carolina 27615 9191616 -4715 End of Instructions to Bidders Page 4 of 4 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 Slate Roof Replacement Orange County Skills Development Centex', Chapel Hill, NC RFP #1728 PROPOSAL FORM Proposal of The Century Slate Co. (herein after called Bidder) a Corporation organized and existing under the Laws of the State of North Carolina _ * Insert corporation, partnership or individual as applicable To: Orange County Asset Management (herein after called Owner). Gentlemen: The Bidder, in compliance with the bid for Slate Roof Replacement — Grange County Skills Development Center, Chapel Hill, North Carolina, raving examined the Contract Documents prepared of the work by 5thWall Building Diagnostics Consultants, dated August 2017, and addenda, and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials, and supplies, agrees to construct the project in accordance with the Contract Documents, within the time set forth therein, and the prices stated below. These prices are to cover all expenses incurred in performing the work required under the Contract Documents, of which this proposal is a park. Bidder further agrees that the amounts and quantities of materials be furnished and work to be done, as stated in the Instructions to Bidders, the General Conditions, Supplementary Conditions, and the Technical Specifications and Drawings, are recognized by it to be a full and complete indication of the work in its fullest and most complete sense, and that it is satisfied with such Notice etc., in determining the prices for the several classes of work as specified; and will not at any time dispute or complain that there is any misunderstanding in regard to the nature or amount of materials to be furnished and work to be done. Bidder hereby agrees to commence work under the contract on or before a date to be specified in writing known as "Notice to Proceed" and to fully complete the project within 30 consecutive calendar days thereafter as stipulated. Bidder further agrees to pay liquidated damages in the amount of $200 per day, per building, for each and every day the project remains incomplete beyond the scheduled completion date. Bidder acknowledges receipts of the following addenda: Number 1 Datefl1125I1E8 Number Date: Number Date: Number Date: Page 1 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 S f ate Roof Replacement Orange County Skills Development Center, Chapel Hill, NC RFP # 1728 Work Items A. Remove and dispose of existing slate roof to include PROPOSAL FORM $ 4,000.00 General Items B. Replacement of deteriorated wood deck A. Insurance Lump Sum (L.S.) $ NO EXTRA CHARGE B. Bonds L.S. $ NIA C. Mobilization L.S. $ NO EXTRA CHARGE D. Warranty L.S. $ NO EXTRA CHARGE L.S. $ 43,500.00 Subtotal -- General Items L.S. $ 0 Work Items A. Remove and dispose of existing slate roof to include L.S. $ 4,000.00 underlayment and related accessories B. Replacement of deteriorated wood deck L.S. $ 500 Allow $500 in Base Bid $ 10.00 /Sq. Ft. C. Remove and replace damaged or deteriorated wood L.S. $ 500 Allow $ 500 in Base Bid $ ia&o /Bd. Ft. D. Furnish and install membrane underlayment L.S. $ 2,650.00 E. Furnish and install slate roofing to include L.S. $ 43,500.00 all flasliings and related accessories SF'T, DISCOUNT PRICING " I3aackingli aaaa Sl :Ite will be used' "'`* -O F. Furnish and install new sheet metal flashing to include ) , $ 3,650.00 counterflashing, edging, gutter, trim, etc G. Furnish and install other items not specifically included L.S. $_ N/A or listed herein Subtotal — Work Items L.S. $ 54,8000.00 Total Price North Building --- (General Items and Work Items) L.S. $ 54,800.00 TOTAL BID PRICE: Bidder agrees to perform all of the work described in the specifications and shown on the plans for the sum of THIRTY THREE THOUSAND AND FIFTY DOLLAR_ S ( $54,800.00 ) (A nount shall be shown in both words and .figures.) St"EC[At, DISCOUNTS: AILT.t;,10ATE #I- trwc= cold(I install Evergreen Vermont Black Slate in Liam of Buckingham DEDUCT: (46,450.00) ALTERNA l"E 02 If we could install Dover Unl ading lit ick Slate In .Lieal cat" Buckingb aan DEDUCT: (- $11,545.00) -"Specifications can be provided-Dover slate is similar to Buckinglinna taa both too]( and physical elasai•aeteristies. 'Fes till g data call be provided. DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 Slate Roof Replacerrcnt Orange County Skills Development Center, Chapel Hill, NC RPP # 1728 In the case of a discrepancy in the pricing, unit prices will control; if there is no unit price, the lump sure price will control; totals shall be corrected to be consistent with the unit prices and lump sum prices. The total base bid price shall be the sum of all unit cost extensions and line items listed. Should the actual quantities be increased or decreased relative to the estimated quantities included in the Proposal, the Unit Prices shown will be used to adjust the contract price in accordance with the contract documents throughout the life of the contract. The Schedule of Values which will be used in the contractor's application for payment shall be the items, units, unit prices and total prices all as shown herein. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of 60 calendar days after the scheduled closing time for receiving bids. Bidder further certifies that no or employee of Orange County has any interest, direct or indirect, in this Corporation or Partnership, or in this contract. Bidder further certifies that the foregoing statements made by it are true and that if any of the foregoing statements made are willfully false it is subject to punishment. Proposal forms will not be accepted unless signed by the Owner or authorized corporate officer. The following items must be submitted with the Proposal form: 1. Proposal Guarantee 2. Contractor's License Number as issued by the State of North Carolina (Must be valid at time of bid opening) 48536 3. Tabulation of Subcontractors and other persons and organizations required to be identified in this Proposal. Upon receipt of notice of the acceptance of this Proposal, Bidder will execute a faunal contract' Date: 7 2--� / NAME OF BIDDER: t (Seal if bid is b a corporation) THE CENTURY SLATE COMPANY /t/ e &I a - # -, �/ 9 5,56: � P Pe o r Corporation . BY: Signature . End of Proposal Form Page 3 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 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: DEFWTIONS 1. Minorit y - 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 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 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. S. 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. b. 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 Program }. 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: I . 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 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 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 performing 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 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 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. i. 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 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 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 roust 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. DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 Attach to Bid Attach to Bid Attach do t3id Allach to )aid Attach to Bid Attach to Bid Attach to Bid AEtacli to raid Identification of HUB Certified/ Minority Business Participation i, The Century Slate Company (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 u *Minority categories: Black, African American (B), Hispanic (H), Asian American (A) American Indian (1), Female (F) Socially and Economically Disadvantaged (a) ** HUB Certification with the state HUB office required to be counted toward state participation goals. The total value of minority business contracting will be ($) 0 MBForms 2002- Revised July 2010 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid State of North Carolina -- AFFIDAVIT B -- Intent to Perform Contract with Own Workforce. County of ORANGE Affidavit of THE CENTURY SLATE COMPANY (Name of Bidder) I hereby certify that it is our intent to perform 100% of the work required for the SLATE ROOF REPLACEMENT ORANGE COUNTY SKILLS DEVELOMENT CENTER 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: ame of Authorized G Sign. S State of , County of LaJva,�"� Subscribed and sworn t before me r day of _ -i Notary Public([ My commission expire KIMBERLY R TENOEVER NOTARY PUBLIC Durham County North Carolina My Commission Expires Nov. 13, 20J MBForms 2402- Revised July 2010 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 Attach to Bid Attach to Bid (Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach is Bid Attach to Bid State of North Carolina AFFIDAVIT A -Listing of Good Faith Efforts County of ORANGE (blame of Bidder) Affidavit of The Centulry Slate Company 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 listen for their Laid to be considered responsive. (INC Administrative Code 301.0101) ® 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. �I 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 bidder to the commitment herein set forth. Date: 2- ? SDI Name of Authorized Officer: JOHN W R Signatur M S -ENIOR ESTIMATOR State of _ ounty SEAL Subscribed and sworn before - Notary Publi My commission cx r s -L MBForms 20fl2- Revised July 2010 I on KIMBERLY R TENOEVER NOTARY PUBLIC Durham County North Carolina My Commission Expires' Nov. 13,20A DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 FORM OF BID BOND KNOW ALL MEN BY THESE PRESENTS THAT The Century Slate Company as principal, and FCCI Insurance Company , as surety, who is duly licensed to act as surety in North Carolina, are held and firmly bound unto Orange County, NC _ _ as obligee, in the penal Sum of Five Percent of Amount Bid 5% 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 8th day of February 2018 WHEREAS, the said principal is herewith submitting proposal for Slate Roof Replacement at Orange County Skills development Center 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 The Century Slate Compa (SEAL) By: SEAL) FCCI Insurance Compan (SEAL) (SEAL) By: � '� (SEAL) Michelle A. Adams Attorney -in -Fact �I:t� ►�LI;�3U] IrI�l� DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 FCC rGROUP 2ANC E More than a policy. A promise. GENERAL POWER OF ATTORNEY 10-00065509 Know all men by these presents: That the FOCI Insurance Company, a Corporation organized and existing under the laws of the State of Florida (the "Corporation") does make, constitute and appoint: Jennifer C Hoehn; Robert M Walczak; Scott D Mathers; Michelle A. Adams Each, its true and lawful Attorney -In -Fact, to make, execute, seal and deliver, for and on its behalf as surety, and as its act and deed in all bonds and undertakings provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the sum of (not to exceed $7,500,000): $7,500,000.00 This Power of Attorney is made and executed by authority of a Resolution adopted by the Board of Directors. That resolution also authorized any further action by the officers of the Company necessary to effect such transaction. The signatures below and the seal of the Corporation may be affixed by facsimile, and any such facsimile signatures or facsimile seal shall be binding upon the Corporation when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached. In witness whereof, the FCCI Insurance Company has caused these presen s to be signed by its duly authorized officers and its corporate Seal to be hereunto affixed, this 25TH day of Se tember 2016. 'g`QAhIcjC Attest: w---- Crai hn n, President SEAL Thom . Koval Esq., EVP, �Cw--, 'Officer, �' FCCI nsur ce Company went Affairs and Corporate Secretary FCCI Insurance Company State of Florida County of Sarasota Before me this day personally appeared Craig Johnson, who is personally known to me and who executed the foregoing document for the purposes expressed therein. =0&—%Atkft Aloaso My commission expires: 012512020 ,a °rl FXPkWMSW Notary Public State of Florida County of Sarasota Before me this day personally appeared Thomas A. Koval, Esq., who is personally known to me and who executed the foregoing document for the purposes-expressed- therein, 0""ti, Anent A# . My commission expires: 9/25/2020 *;1* <JwryrIS ser& caant,�,n rao.[ra »m �- My comminim kxoftr 09MW Notary Public CERTIFICATE I, the undersigned Secretary of FCCI Insurance Company, a Florida Corporation, Da HEREBY CERTIFY that the foregoing Power of Attorney remains in full force and has not been revoked; and furthermore that the February 24, 2011 Resolution of the Board of Directors, referenced in said Power of Attorney, is now in force. Dated this `"` day of �6bY�U 01 Thorne . Koval, Esq,, EVP, • Legal Officer, Gov r ent Affairs and Corporate S6rratary 1- IONA359240 -04, 6118 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 t W{{ y1�7 y1�, 1r•."'� 4 r� 4 fn Ln co �-t r7.1 it) 0 iV 9--t �.F 1� r J 1 u r 6� IJ z�. Irm >1 F., t_ _a •r� 1TI. co V Z r i • cJ AA 4J n 4J rI (D - . ri r ;" r+ 7 ! m I ,. fr t] `L EH 0 �At" Owl i r l )L4; L� DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 Technical Specifications Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC NILPA; PIA(�N®.5TIC-5 CON 5uLTANT.5 9601 Baileywick Rd • Raleigh, NC 27615 ww.5thwallhdc.com 9191616 -4715 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 TECHNICAL SPECIFICATIONS FOR SLATE ROOF REPLACEMENT ORANGE COUNTY SKILLS DEVELOPMENT CENTER. CHAPEL HILL, NORTH CAROLINA 5thWall ,lob No,: 17 -195 TABLE OF CONTENTS TITLE Pages Notice to Bidders I Instructions to Bidders 4 Form of Proposal 3 MBE Requirements l 1 Form of Contract 5 Contractor Safety Record Information 4 &Verify affidavit 1 Legislative Summary 4 Application and Certificate for Payment 'Temporary Tree and Plant Protection 2 AIA Document G702* 1 AIA Document G703* 1 Supplementary General Conditions 19 General Conditions of the Contract - AIA Document A201 * 38 `Items designated with an asterisk are not included in the project manual but can be reviewed at the office of the Designer. TECHNICAL SPECIFICATIONS DIVISION I- GENERAL REQUIREMENTS Pages 010050 Special Conditions 2 010100 Summary of Work 3 012000 Price and Payment Procedures 5 012200 Project Meetings 2 013216 Construction Progress Schedule 3 013300 Submittals 4 014000 Quality Control 2 15000 Temporary Facilities and Controls 5 015639 'Temporary Tree and Plant Protection 2 016000 Product Requirement 4 017740 Project Closeout Procedures 3 017710 Cleaning 2 017839 Project Record Documents 2 017850 Warranties 3 Contractor's 5 -year Warranty 1 DIVISION 2 — EXISTING CONDITIONS 024119 Selective Demolition 3 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 NOTICE TO BIDDERS Slate Roof Replacement Skills Development Center Chapel Hill, North Carolina Bid number 1728 FOR ORANGE COUNTY, N.C. Sealed proposals will be received by the Office of the Purchasing Agent of the Financial Services Department, PO Box 8181 (USPS) 200 S Cameron Street Hillsborough, North Carolina 27278, until 2:00 P.M. on Thursday, February 1, 2018 for Slate Roof Replacement, Skills Development Center, 503 West Franklin Street, Chapel Hill, NC. This bid is in within the informal bid limits, therefore there will be no formal bid opening. Plans and specifications can be downloaded from the County's website atwww.co,orange.nc.us/puchasinq under Current Bids or by calling 919 - 245 -2651. A Mandatory Pre -Bid Conference will be held at the Skills Development Center, 503 West Franklin Street, Chapel Hill, NC at 10 :30 A.M, on Thursday, the 18th day of January 2018, Attendance at the Pre -Bid Conference is mandatory. The successful bidder shall comply fully with the requirements of General Statutes, Section 143 -131, as amended. By placing the bid, the Bidder agrees to allow Orange County to negotiate reasonable reductions in price with the low bidder if the low bid exceeds the project budget. After the award of the Contract, a Pre - Construction Conference will be held at a place and time established by the designer. All contractors are hereby notified that they must have proper license under the State laws governing their respective trades. Contractors are notified that Chapter 87, Article 1, General Statutes of North Carolina, will be observed in receiving and awarding contracts. Contractors submitting bids on this project must have license classification "S- Roofing bank er trust r• mneny insured by the Federal Deposit Inca sranne GorpeFatlen in an amount equal to not less than WS perGent of the , . in lieu of the above rashieF'6 or oedified E;herk, the 13iddeF Fnay execute a Bid Bond faF !he same amount and in the feffn heFeiAafteF pFevided, at(aGhing Bending Company's Agent of PowAr of Attorney to the page provided thereof. Orange County reserves the right to reject any and all Bids and to waive minor irregularities David Cannell Purchasing Agent DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 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 he 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, return receipt requested 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 resigner, who may send written instruction in the form of Addenda to all Bidders. Notification shall not be later than three (3) days from the date set for receipt of Bids. Neither the Owner nor the Designer shall be responsible for any 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. DID SECURITY — NOT REQUIRED 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. 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. Be advised that the contractor- and the contj•actor's subcontractors mast comply with the requirements ofAr•ticle 2 of Chapter 64 ofthe North Carolina General Statutes. Page 2 of 4 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 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 on January 18, 2018 at 10;30 p.m. at the Orange County Skills Deaelopmentr Center, 503 'Nest Franklin St., Chapel Hill, North Carolina. Attendance is Mandatory 10, INFORMATION TO BIDDERS All questions concerning the plans and specifications should be directed to the Designer. 5thWall Building Diagnostics Consultants 9601 Baileywicl€ Rd. Raleigh, North Carolina 27615 9191516 -4715 End of Instructions to Bidders Page 4 of 4 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 Slate Roof Replacement Orange County Skills Development Center, Chapel Hill, NC RFP #1728 General Items A. Insurance B. Bonds C. Mobilization D. Warranty PROPOSAL FORM Lump Sum (L.S.) L.S. L.S. L.S. Subtotal — General Items L.S. Work Items A. Remove and dispose of existing slate roof to include underlayment and related accessories B. Replacement of deteriorated wood deck Allow $500 in Base Bid $ 10.00 /Sq. Ft. C. Remove and replace damaged or deteriorated wood Allow $ 500 in Base Bid $ 12.00 lBd. Ft. D. Furnish and install membrane underlayment E. Furnish and install slate roofing to include all flashings and related accessories * *"'Buckingluam Slate will be used" I" F. Furnish and install new sheet metal flashing to include counterflashing, edging, gutter, trim, etc G. Furnish and install other items not specifically included or listed herein Subtotal — Work Items $ NO EXTRA CHARGE $ NIA $ NO EXTRA CHARGE NO EXTRA CHARGE $ 0 L.S. $ 4,000.00 L.S. $ 500 L.S. $ 500 L.S. $ 2,650.00 L.S. $ 43,540.00 SEE DISCOUNT PRICING P.�I.Oc 3,650.00 L.S. $ NIA L.S. S 54 5000.00 Total Price North Building -- (General Items and Work Items) L.S. $ 54,800.00 TOTAL BID PRICE: Bidder agrees to perform all of the work described in the specifications and shown on the plans for the suin of THIRTY THREE THOUSAND AND FIFTY DOLLARS [ $54,800.00 ) (Amount shall be shown in both words and figures.) SPECIAL DISCOUNTS: ALTERNATE #1 If Nve could install Evergreen Vermont Black Slate in Lieu of Buckingham DEDUCT: {46,450.00} ALTERNATE 92 If Nve could install [Dover Un a1ding Black Slate In Lien of Buckingham DEDUCT: (- $11,545.00) *"Specifications can he 1)rovided-Dover slate; is similar to Buckingham in both look an(] physical charaicteristies. Testing data can be provided. DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 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 Minority - 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 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 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 Ieast 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: I. 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 proiect. 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 performing 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 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 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. DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 Altach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid State of North Carolina AFFIDAVIT A- Listing of Good Faith Efforts County of ORANGE (Name of Bidder) Affidavit of The Century State Company 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. a — (10 pts) Attended prebid meetings scheduled by the public owner. l 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 bidder to the commitment herein set forth, Date: Z- _7/24 Name of Authorized Officer: JOHN W R Signatur j� Title: S State of �1 LO ounty SEAL Subscribed and sworn before ?r Notary Fubli ' ' My commission ex r MBForms 2042 - Revised July 2014 TOR ESTIMATOR da KIMBERLY R TENOEVER NOTARY PUBLIC Durham County North Carolina My Commission Expires Nov. 13,201 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 FORM OF BID BOND KNOW ALL MEN BY THESE PRESENTS THAT The Century Slate Company as principal, and FCCI Insurance Company , as surety, who is duly licensed to act as surety in North Carolina, are head and firmly bound unto Orange County, NC as obligee, in the penal Sum of Five Percent of Amount Bid °i° 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 8th day of February 2018 WHEREAS, the said principal is herewith submitting proposal for Slate Roof Replacement at Orange County Skills Development Center _ 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 bld may be withdrawn as provided by G.S. 143 -129.1 The Century Slate Company (SEAL) By: (SEAL} (SEAL) FCCI Insurance Company (SEAL) Q � - By: (SEAL) Michelle A. Adams Attorney -in -Fact FORMA OF BID BOND DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 1:4 �+ f �1 M 3_f} �t U+l. •1� +r-p {mil 4 " rr +ns 0 U) E In yn �"A �4 N H 00 H N N c� A W 0 r tr# ' =s"-3 ti ul ^-r C7 �. e Ln w- r Z-1 w rJ 4 Y rr 70 1E h 1 tAC NI 0 y[ A �1 ++Mob +1--1 f-3 d} H PR r-1 C .° u L mw ri U) elm � a W 00 H N N c� A W 0 r tr# ' =s"-3 ti ul ^-r C7 �. e Ln w- r Z-1 w rJ 4 Y rr 70 1E h 1 tAC NI 0 y[ DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 Technical Specifications Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC 5UILPIN,� PIA(;N0-'JTlc5 CaN6ULTA46 9601 Baileywick Rd • Raleigh, NC 27615 ww.5thwallbdc.com 919/616 -4715 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 Technical Specifications Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC Prepared By: 5thWall Building Diagnostics Consultants 9601 Baileywick Rd Raleigh, North Carolina 27615 5thWall project No. 17 -198 August 2017 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 TECHNICAL SPECIFICATIONS FOR SLATE ROOF REPLACEMENT ORANGE COUNTY SKILLS DEVELOPMENT CENTER CHAPEL HILL, NORTH CAROLINA SthWall Job No.: 17 -198 TABLE OF CONTENTS TITLE Pages Notice to Bidders Instructions to Bidders 4 Form of Proposal 3 MBE Requirements 11 Form of Contract 5 Contractor Safety Record Information 4 E -Verify affidavit 1 Legislative Summary 4 Application and Certificate for Payment Construction Progress Schedule AIA Document G702* 1 AIA Document G703* 1 Supplementary General Conditions 18 General Conditions of the Contract - AIA Document A201 * 38 *Items designated with an asterisk are not included in the project manual but can be reviewed at the office of the Designer. TECHNICAL SPECIFICATIONS DIVISION 1- GENERAL REQUIREMENTS Pages 010050 Special Conditions 2 010100 Summary of Work 3 012000 Price and Payment Procedures 5 012200 Project Meetings 2 013216 Construction Progress Schedule 3 013300 Submittals 4 014000 Quality Control 2 15000 Temporary Facilities and Controls 5 015639 Temporary Tree and Plant Protection 2 016000 Product Requirement 4 017700 Project Closeout Procedures 3 017710 Cleaning 2 017839 Project Record Documents 2 017850 Warranties 3 Contractor's 5 -year Warranty 1 DIVISION 2 — EXISTING CONDITIONS 024119 Selective Demolition 3 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 TECHNICAL SPECIFICATIONS FOR SLATE ROOF REPLACEMENT ORANGE COUNTY SKILLS DEVELOPMENT CENTER CHAPEL HILL, NORTH CAROLINA SthWall Job No.: 17 -198 TABLE OF CONTENTS TITLE DIVISION 6- WOOD, PLASTICS AND COMPOSITES 061000 Rough Carpentry DIVISION 7- THERMAL AND MOISTURE PROTECTION 073300 Slate Roofing 076200 Sheet Metal Flashing and Trim 079200 Sealants and Caulking 1 7 VA "AW [ l.� 1.01 Roof Plan 1.02 Partial Roof Plan 1.03 Details 1.04 Details 1.05 Details Pages 5 5 6 5 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 NOTICE TO BIDDERS Slate Roof Replacement Skills Development Center Chapel Hill, North Carolina Bid number 1728 FOR ORANGE COUNTY, N.C. Sealed proposals will be received by the Office of the Purchasing Agent of the Financial Services Department, PO Box 8181 (USPS) 200 S Cameron Street Hillsborough, North Carolina 27278, until 2:00 P.M. on Thursday, February 1, 2018 for Slate Roof Replacement, Skills Development Center, 503 West Franklin Street, Chapel Hill, NC. This bid is in within the informal bid limits, therefore there will be no formal bid opening. Plans and specifications can be downloaded from the County's website at www.co.orange.nc.us /puchasing under Current Bids or by calling 919 - 245 -2651. A Mandatory Pre -Bid Conference will be held at the Skills Development Center, 503 West Franklin Street, Chapel Hill, NC at 10:30 A.M. on Thursday, the 18th day of January 2018. Attendance at the Pre -Bid Conference is mandatory. The successful bidder shall comply fully with the requirements of General Statutes, Section 143 -131, as amended. By placing the bid, the Bidder agrees to allow Orange County to negotiate reasonable reductions in price with the low bidder if the low bid exceeds the project budget. After the award of the Contract, a Pre - Construction Conference will be held at a place and time established by the Designer. All contractors are hereby notified that they must have proper license under the State laws governing their respective trades. Contractors are notified that Chapter 87, Article 1, General Statutes of North Carolina, will be observed in receiving and awarding contracts. Contractors submitting bids on this project must have license classification "S- Roofing ". less thapip five PeFGeRt Gf th8 PrGposal, said rohearok to be R;ade payable te OlcaRg8 GOURty, North GaFeliRa. page provided thereGf. � Orange County reserves the right to reject any and all Bids and to waive minor irregularities David Cannell Purchasing Agent DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 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. 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 enveloped, marked "Proposal" and bearing the name of Project, 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. L 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. Page 1 of 4 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 `� WfRy Dki/11 11130re] a[Kel►17 V 11111M] 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, return receipt requested 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 three (3) days from the date set for receipt of Bids. Neither the Owner nor the Designer shall be responsible for any 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 — NOT REQUIRED 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. 5. 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. Be advised that the contractor and the contractor's subcontractors must comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Page 2 of 4 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 6. OPENING OF BIDS Bids shall be opened in private. 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 Bid may be properly evaluated by the Owner. F. If the Unit Prices contained in the Bid Schedule are unacceptable to the Owner. G. If the Bidder fails to comply with other instructions stated herein. 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. Page 3 of 4 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 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 on January 18, 2018 at 10:30 p.m. at the Orange County Skills Developmentr Center, 503 West Franklin St., Chapel Hill, North Carolina. Attendance is Mandatory 10. INFORMATION TO BIDDERS All questions concerning the plans and specifications should be directed to the Designer. 5thWall Building Diagnostics Consultants 9601 Baileywick Rd. Raleigh, North Carolina 27615 919/616 -4715 End of Instructions to Bidders Page 4 of 4 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 Slate Roof Replacement Orange County Skills Development Center, Chapel Hill, NC RFP #1728 PROPOSAL FORM Proposal of (herein after called Bidder) a * organized and existing under the Laws of the State of _ * Insert corporation, partnership or individual as applicable To: Orange County Asset Management (herein after called Owner). Gentlemen: The Bidder, in compliance with the bid for Slate Roof Replacement — Orange County Skills Development Center, Chapel Hill, North Carolina, having examined the Contract Documents prepared of the work by 5thWall Building Diagnostics Consultants, dated August 2017, and addenda, and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials, and supplies, agrees to construct the project in accordance with the Contract Documents, within the time set forth therein, and the prices stated below. These prices are to cover all expenses incurred in performing the work required under the Contract Documents, of which this proposal is a part. Bidder further agrees that the amounts and quantities of materials be furnished and work to be done, as stated in the Instructions to Bidders, the General Conditions, Supplementary Conditions, and the Technical Specifications and Drawings, are recognized by it to be a full and complete indication of the work in its fullest and most complete sense, and that it is satisfied with such Notice etc., in determining the prices for the several classes of work as specified; and will not at any time dispute or complain that there is any misunderstanding in regard to the nature or amount of materials to be furnished and work to be done. Bidder hereby agrees to commence work under the contract on or before a date to be specified in writing known as "Notice to Proceed" and to fully complete the project within 30 consecutive calendar days thereafter as stipulated. Bidder further agrees to pay liquidated damages in the amount of $200 per day, per building, for each and every day the project remains incomplete beyond the scheduled completion date. Bidder acknowledges receipts of the following addenda: Number Date: Number Date: Number Date: Number Date: Page 1 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 Slate Roof Replacement Orange County Skills Development Center, Chapel Hill, NC RFP #1728 Work Items A. Remove and dispose of existing slate roof to include PROPOSAL FORM General Items underlayment and related accessories A. Insurance Lump Sum (L.S.) $ B. Bonds L.S. $ C. Mobilization L.S. $ D. Warranty L.S. $ L.S. $ 500 Subtotal — General Items L.S. $ Work Items A. Remove and dispose of existing slate roof to include L.S. $ underlayment and related accessories B. Replacement of deteriorated wood deck L.S. $ 500 Allow $500 in Base Bid $ /Sq. Ft. C. Remove and replace damaged or deteriorated wood L.S. $ 500 Allow $ 500 in Base Bid $ /Bd. Ft. D. Furnish and install membrane underlayment L.S. $ E. Furnish and install slate roofing to include L.S. $ all flashings and related accessories F. Furnish and install new sheet metal flashing to include L.S. $ counterflashing, edging, gutter, trim, etc G. Furnish and install other items not specifically included L.S. $ or listed herein Subtotal — Work Items L.S. $ Total Price North Building — (General Items and Work Items) L.S. $ TOTAL BID PRICE: Bidder agrees to perform all of the work described in the specifications and shown on the plans for the sum of (Amount shall be shown in both words and figures.) Page 2 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 Slate Roof Replacement Orange County Skills Development Center, Chapel Hill, NC RFP #1728 In the case of a discrepancy in the pricing, unit prices will control; if there is no unit price, the lump sum price will control; totals shall be corrected to be consistent with the unit prices and lump sum prices. The total base bid price shall be the sum of all unit cost extensions and line items listed. Should the actual quantities be increased or decreased relative to the estimated quantities included in the Proposal, the Unit Prices shown will be used to adjust the contract price in accordance with the contract documents throughout the life of the contract. The Schedule of Values which will be used in the contractor's application for payment shall be the items, units, unit prices and total prices all as shown herein. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of 60 calendar days after the scheduled closing time for receiving bids. Bidder further certifies that no or employee of Orange County has any interest, direct or indirect, in this Corporation or Partnership, or in this contract. Bidder further certifies that the foregoing statements made by it are true and that if any of the foregoing statements made are willfully false it is subject to punishment. Proposal forms will not be accepted unless signed by the Owner or authorized corporate officer. The following items must be submitted with the Proposal Form: 1. Proposal Guarantee 2. Contractor's License Number as issued by the State of North Carolina (Must be valid at time of bid opening) 3. Tabulation of Subcontractors and other persons and organizations required to be identified in this Proposal. Upon receipt of notice of the acceptance of this Proposal, Bidder will execute a formal contract. Date: (Seal if bid is by a corporation) TITLE: Witness: Title: End of Proposal Form NAME OF BIDDER: Person, Firm or Corporation Signature Page 3 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 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. Minority - 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 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 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 Program). 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 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 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 performing 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 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 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. i. 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 4 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 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. DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid 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 /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 ($) MBForms 2002 - Revised July 2010 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid 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 bidder to the commitment herein set forth. Date: Name of Authorized Officer: S State of Signature:, Title: County of Subscribed and sworn to before me this day of 20 Notary Public My commission expires MBForms 2002 - Revised July 2010 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid 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: S SEAL State of , County of Subscribed and sworn to before me this Notary Public My commission expires MBForms 2002 - Revised July 2010 day of 20 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 Do not submit with bid Do not submit with bid Do not submit with bid Do not submit with bid 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 (Name of Bidder) (Project Name) Project ID# Amount of Bid $ I do hereby certify that on the I 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 required Name and Phone Number *Minority Category * *HUB Certified Y/N Work Description Dollar Value *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: S Signature: Title: State of , County of Subscribed and sworn to before me this Notary Public My commission expires MBForms 2002 - Revised July 2010 day of 20 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 Do not submit with the bid Do not submit with the bid Do not submit with the bid Do not submit with the bid Do not submit with the bid 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 $ I 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 Category * *HUB Certified Y/N Work Description Dollar Value *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. I. 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. MBForms 2002- Revised May 2010 -1- DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 Do not submit with the bid Do not submit with the bid Do not submit with the bid Do not submit with the bid Do not submit with the bid 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: S Signature: Title: State of , County of Subscribed and sworn to before me this day of 20 Notary Public My commission expires MBForms 2002- Revised May 2010 -2- DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 [Departmental Use Only] TITLE FY NORTH CAROLINA CONSTRUCTION AGREEMENT UNDER $100,000.00 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 corporate and 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. SCOPE OF WORK The Contractor shall furnish and deliver all of the materials, and perform 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 attached hereto and made a part hereof as if fully contained herein: a. Construction Drawings prepared by (Sheet dated b. Written specifications prepared by the project engineer. C. proposal dated , 20 which fully describes the work to be performed, such work hereinafter called the "Work". d. Other documents as follows: 2. TERM AND SCHEDULING a. The Contractor agrees to commence work on the date of the executed original of this Agreement and agrees to complete fully all Work included by , 20 b. Time is of the essence with respect to all dates specified in the Contract Documents as Completion Dates. c. 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. d. It is expressly understood that the Owner will employ other contractors to perform work as a part of the Project whose work will be performed simultaneously and sequentially with the performance of the Work by the Contractor. It shall be necessary for the Contractor to coordinate its activities with such other contractors, particularly with respect to access to work areas, storage of materials and other common facilities. e. Should the Owner determine that the Contractor is behind schedule, it may require the Contractor to expedite and accelerate its efforts, including providing additional resources and working overtime, as necessary, to perform the Work in accordance with the approved project schedule at no additional cost to the Owner. 3. STANDARD OF CARE Revised October 2011 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 a. The Contractor shall exercise reasonable care and diligence in performing the Work in accordance with the highest 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 errors or omissions, in the performance of the Agreement. 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 anti - discrimination 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. 4. 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 a Request for Payment for work done during the previous calendar month. The Request for Payment shall be in the form of a standardized invoice or AIA Document G702 and shall show substantially the value of the work done during the previous calendar month. This amount may be paid by the Owner on or before the last business day of the month. Final payment shall not be due to the Contractor until thirty (30) days after all work, including punch list work, has been satisfactorily completed. 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 seven (7) days to cure the breach. Owner may withhold the accompanying payment without penalty until such time as Contractor cures the breach. Should Contractor or its representatives fail to cure the breach within seven (7) 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. 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. Revised October 2011 2 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5. INSURANCE a. Minimum requirements — The Contractor shall obtain, at its sole expense, all insurance required under this Agreement and the Contractor shall not commence work until such insurance is in force nor shall the Contractor allow any Subcontractor to commence work on its subcontract until all insurance required to be procured by Subcontractors hereunder has been so obtained by or for the Subcontractor. All required insurance shall be procured from insurance companies licensed to do business in North Carolina with a Best's Insurance Guide Rating of A- or better. Coverage for the following types of insurance shall be maintained continuously during the life of the Project until Final Completion of the Work. Coverages shall be maintained continuously during the life of the Project until Final Completion of the Work for the following types of insurance in the amounts listed: i. Worker's Compensation Insurance with limits for Coverage A Statutory - State of North Carolina and Coverage B Employers Liability $500,000 each accident and policy limit and disease each employee. ii. Comprehensive General Liability and Property Damage Insurance ($500,000 Each Occurrence; $1,000,000 Aggregate). iii. Contractual Liability (Bodily Injury and Property Damage $500,000 Each Occurrence; Property Damage $1,000,000 Aggregate). iv. Personal Injury, with Employment Exclusion deleted ($1,000,000 Aggregate). v. Comprehensive Automobile Liability Insurance (Bodily Injury $100,000 Each Person/Each Accident, $300,000 Each Occurrence; Property Damage $100,000 Each Occurrence). b. Additional Insured — The Owner shall be named as additional insured on all forms of insurance except Worker's Compensation. Each certificate of insurance and policy required hereunder, except the worker's compensation policy, shall bear the provision that "The policy cannot be canceled or reduced in amount and that coverage cannot be eliminated in less than thirty (30) days after mailing written notice to the Owner of such alteration, cancellation, or elimination, the written notice to be sent by Certified Mail. c. Performance Bonds — Contractor shall furnish bonds covering the faithful performance of the Contract and payment of all obligations arising under any of the Contract Documents or related in any way to the Work. Contractor shall immediately furnish a copy of such bonds to any requesting person who appears to be a potential beneficiary of bonds covering payment obligations arising under any of the Contract Documents. This subsection 6(c) applies only to Contracts of fifty thousand dollars ($50,000.00) or more where the total cost for the project is three hundred thousand dollars ($300,000.00) or more. 6. INDEMNITY a. The Contractor shall indemnify and hold harmless to the extent permitted by law the Owner and its agents and employees from and against any and all claims, damages, losses and expenses, including attorney's fees, arising out of or resulting from the performance or nonperformance of the Work, provided that any such claim, damages, loss or expense (A) is attributable to bodily injury, sickness, disease or death or injury to, or destruction of, property, including the loss of use resulting therefrom; and (B) is caused in whole or in part by any breach of any provision of the Agreement or by any negligent or wrongful act or omission of the Contractor, any Subcontractor, or supplier of the Contractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The indemnification obligation under this paragraph shall not be limited in any way by any limitation of the amount or type of damages, compensation or Revised October 2011 3 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 benefits payable by or for the Contractor or any subcontractor under workers' compensation acts, disability benefits acts or other employee benefit acts. b. The Contractor shall indemnify and hold harmless Owner from any lien of whatever type through the purchase of appropriate bonds and insurance as designated in Section 5 above. In the event any such lien is filed against Owner's property Contractor shall, through such bonds and insurance or at Contractors expense, defend Owner against all such claims of lien. c. Upon completion of the Work the Contractor shall execute an affidavit 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, 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 debts and liens in a form and substance mutually acceptable to Owner and Contractor. d. By executing this Agreement Contractor agrees to abide by and be bound by the indemnification provisions herein and of Section 6(c) specifically. 7. GOVERNING LAW 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. 8. NON — ASSIGNMENT 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. NON — APPROPRIATION 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. 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. 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. 10. 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 Hillsborough, NC 27278 Revised October 2011 4 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 11. TERMINATION 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. In the event of termination by the Owner under this Agreement, the Contractor shall be entitled to receive its reasonable and documented direct costs 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 work in a safe and efficient manner. 12. 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. 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 Frank W. Clifton, Manager Printed Name and Title 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 Finance Director This instrument has been approved as to legal form and sufficiency. Office of the County Attorney Revised October 2011 5 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 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. 1. 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. DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 YEAR CONTRACTOR DART INCIDENT RATE INDUSTRY DART INCIDENT RATE INDUSTRY FIELD AND CODE 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 EMR INDUSTRY FIELD AND CODE NAME AND CONTACT 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 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 (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 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 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 (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. DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 STATE OF NORTH CAROLINA ORANGE COUNTY * * * * * * * * * * * * * * * * * * * * * * * * ** AFFIDAVIT he 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 , 2013. 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 0 day of 2013. v z My Commission Expires: v' Notary Public II DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 11 SCHOOL 2014 Legislative Summary: Public Purchasing and Contracting The North Carolina General Assembly adjourned the 2013 -14 legislative session sine die (from the Latin "without day ") on August 20, 2014. Unless recalled to Raleigh for a special session, the General Assembly will not meet again until January 14, 2015, when a new session convenes following the November 2014 general elections. Enacted legislation affecting public purchasing and contracting is summarized below. I. Public Bills Prequalification Requirements S.L. 2014 -42 (1-11043) amends G.S. 143- 135.8 by establishing specific procedural requirements for when and how local governments may prequalify construction contractors to bid on construction and repair contracts. These new requirements also apply to the prequalification of first -tier subcontractors by a construction manager at risk under G.S. 143- 128.1(c). The focus of these new requirements is to ensure that a prequalification process is conducted transparently using criteria that relate to the specific project being bid and which are applied objectively and fairly to all bidders. The new requirements also give bidders an opportunity to learn why they were denied prequalification and to appeal that denial. The changes go into effect on October 1, 2014, and apply to all contracts awarded on or after that date. Norma R. Houston UNC School of Government Prequalification is defined under the new G.S. 143- 135.8(f)(2) as "[a] process of evaluating and determining whether potential bidders have the skill, judgment, integrity, sufficient financial resources, and ability necessary to the faithful performance of a contract for construction or repair work." This definition is consistent with the North Carolina Court of Appeals' interpretation of who is a responsible bidder under the lowest responsive, responsible bidder standard of award applicable to purchase and construction or repair contracts in the informal and formal bidding ranges.' Under the new version of G.S. 143- 135.8, use of prequalification is limited to construction or repair projects (regardless of cost) that are bid under the single - prime, separate -prime (multi - prime), or dual bidding methods. Prequalification is specifically prohibited on all contracts subject to the Mini - Brooks Act (G.S. 143- 64.31), meaning prequalification cannot be used when contracting for architectural, engineering, or surveying services as well as alternative construction delivery methods (construction management at risk, design - build, design -build bridging, and public - private partnerships). If a local government intends to prequalify bidders, it must first adopt an ' Kinsey Contracting Co., Inc. v. City of Fayetteville, 106 N.C. App. 383, 385, 416 S.E.2d 607, 609 (1992). 2014 Legislative Summary — Public Purchasing and Contracting Page 1 UNC School of Government DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 11 SCHOOL objective prequalification policy applicable to all construction or repair work. It must also adopt the assessment tool and criteria to be used in prequalifying bidders for that specific project. The assessment tool must include the scoring values and minimum required score for prequalification on that project. For further discussion of the new prequalification requirements, see "New Construction Contractor Prequalification Requirements," Coates' Canons blog post (712912014) Mini - Brooks Act Changes Included in the legislation establishing new prequalification requirements discussed immediately above (S.L. 2014 -42 (1-11043) are changes to the Mini - Brooks Act which establishes the qualifications -based selection method for hiring architects, engineers, and surveyors, and contracting for alternative construction delivery methods (G.S. 143 - 64.31). Expanding the existing prohibition against soliciting costs other than unit price in response to a RFQ, the legislation now also prohibits soliciting, submitting, or considering work product or designs as part of the selection process. This prohibition prevents local governments from asking respondents to prepare work product on the project for which they are competing as part of the solicitation process. However, examples of prior completed work may be solicited, submitted, and considered when determining the competence and qualifications of respondents, and the new statutory language encourages discussion of concepts or approaches to the project and impact on project schedules. The legislation also clarifies that no costs or fees, other than unit price information, may be solicited, submitted, or considered as part of the selection process. This change is effective October 1, 2014, and applies to all contracts awarded on or after that date. Alternative Construction Delivery Methods Use Analysis The prequalification legislation discussed immediately above (S.L. 2014 -42 (H1043) also made changes to the analysis local governments must conduct prior to using an alternative construction delivery method — construction management at risk (G.S. 143 - 128.1), design -build (G.S. 143- 128.1A), and design -build bridging (G.S. 143 - 128.16). Previously, the local government was required to compare the "costs and benefits" of using one of these alternative construction delivery methods in lieu of a traditional bidding method (single - prime, separate - prime, or dual bidding). Now, instead of comparing the "costs and benefits," the local government must compare the "advantages and disadvantages" of using an alternative method over a traditional one. This change clarifies confusion about the phrase "costs and benefits," which has been misinterpreted to require a detailed financial cost - benefit analysis. As a result, local governments may properly consider both financial and non - financial considerations when comparing the use of an alternative method to that of a traditional method. This change is effective October 1, 2014, and applies to all contracts awarded on or after that date. 2014 Legislative Summary — Public Purchasing and Contracting Page 2 UNC School of Government DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 11 SCHOOL E- Verify Contracting Prohibition Changes for Cities and Counties Section 13 of S.L. 2014 -119, H369 scales back the E- Verify contracting prohibition for cities and counties. Effective October 1, 2014, the E- Verify contracting prohibition will apply only to purchase and construction or repair contracts in the formal bidding range, as is the case for all other units of local government (the legislation does not affect other units of local government). Cities and counties will no longer need to verify the E- Verify compliance of contractors and their subcontractors on contracts other than those for purchases or construction and repair in the formal bidding ranges. The change applies to all contracts entered into on or after October 1, 2014. An updated version of E- Verify Contracting Prohibition FAQ's is available on the School of Government's Local Government Purchasing and Contracting webpage (www.ncpurchosinqunc.edu) under the "Legislative Updates" link. Long -Term Leases for Renewable Energy Facilities Section 34 of the Regulatory Reform Act ofReform Act of 2014 (S.L. 2014 -120, S734) amends G.S. 160A- 272(c) to extend the authorization for long -term leases of government property for the siting and operation of renewable energy facilities. Previously, this authority was granted only to a limited number of cities and counties for leases of up to 20 years. Now, all local governments may enter into a lease of up to 25 years for the siting and operation of renewable energy facilities on government -owned property without having to treat the lease as a disposal of that property which triggers competitive property disposal requirements (as is the case with all other leases of government property for terms greater than ten years). A lease entered into under this provision requires governing board approval. This legislation is effective immediately. A renewable energy facility is defined as facility (other than a hydroelectric power facility) with a generation capacity of more than 10 megawatts that generates either electric power or useful, measurable combined heat and power derived from a renewable energy resource, or is a solar thermal energy facility (G.S. 62- 133.8(a)(7)). Leases for renewable energy facilities that do not meet this definition must be treated as any other lease of government -owned property. This change is effective September 18, 2014. Small Business Contractor Act Repealed Section 1.(a) of the Regulatory Act of 2014 (S.L. 2014 -120, S734) repealed the Small Business Contractor Act (Part 20 of Article 10 of Chapter 143B). Enacted in 2007, the Small Business Contractor Act established a program within the Department of Commerce to provide loan and bonding assistance to financially responsible small North Carolina contractors. The repeal of this program is effective September 18, 2014. Engineering Licensure Technical Changes Section 11 of the Regulatory Reform Act of 2014 (S.L. 2014 -120, 5734) makes technical and clarifying changes to G.S. 89C -25 and 89C -19. While the changes may appear to be substantive, they are, in fact, purely technical. For example, the legislation adds references to the Chapters of the General Statutes governing the professional activities listed in the statute (engineering, 2014 Legislative Summary — Public Purchasing and Contracting Page 3 UNC School of Government DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 IISCHOOL OF GOVERNMENT land surveying, and contracting) to clarify, and thus make it easier to both comply with and enforce, those activities covered under the statute (for example, clarifying that "contracting or any other legally recognized profession or trade" means contracting as defined under the cited Articles of Chapter 87). II. Local Bills City of Greenville real property conveyance The City of Greenville received authorization to sell by private negotiation and sale certain tracts of real property within residential zoning districts to adjacent property owners (S.L. 2014 -37). Moore County Board of Education real property conveyance The Moore County Board of Education received authorization to convey real property to the Town of Taylorsville (S_L. 2014 -70). Mint Hill, Concord, and Kannapolis Public - Private Reimbursement Agreements The Town of Mint Hill and the Cities of Concord and Kannapolis received authorization to enter into reimbursement agreements with private developers for the design and construction of municipal infrastructure that is included on each municipality's Capital Improvement Plan or Municipal Infrastructure Development Plan and which serves the developer or property owner. 2014 Legislative Summary — Public Purchasing and Contracting Page 4 UNC School of Government DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 f.Yi19 9 0 0401 =0I.Y r:\ :14104 Biel 01.71= 'cKelel 1311113eK I. GENERAL A. The American Institute of Architects AIA Document A201 2007, Sixteenth Edition, "General Conditions of the Contract for Construction ", and the Additions and Modifications included hereinafter constitute the GENERAL CONDITIONS of the Contract. Any part of the AIA Document 201 -2007 GENERAL CONDITIONS that is not modified or deleted by these Supplementary General Conditions shall remain in effect. II. MODIFICATIONS OF ARTICLE 1 - GENERAL PROVISIONS A. Paragraph 1.1. "BASIC DEFINITIONS" In Subparagraph 1.1.1, delete the last sentence and add at the end of the first sentence the following material: The Contract Documents will include the bidding requirements, which include, but are not limited to, the Invitation to Bidders, Instructions to Bidders and Form of Proposal. 2. Add new Subparagraph 1.1.8 as follows: 1.1.8 MISCELLANEOUS DEFINITIONS AND ABBREVIATIONS. The word or words, as quoted below, when used herein mean the following: 1. "ASME ": Applicable Code, Test or Requirement of the American Society of Mechanical Engineers, 29 West 39th Street, New York, New York 10018 2. "ASTM specifications ": Standard Specifications of the American Society for Testing Materials, 1916 Race Street, Philadelphia, PA 19103 3. "Architect ": All references to "Architect" in the AIA Documents and other contract documents are hereby changed to mean "Designer ". 4. "Designer ": 5thWall Building Diagnostics Consultants, Raleigh, North Carolina 5. "Contractor ": Prime Contractor who enters into the contract. 6. "NFPA ": National Fire Protection Association 7. "Notice to Proceed ": A written notice given by the Owner to the contractor (with copy to the Architect) fixing the date on which the Contract Time will commence to run and on which the Contractor shall start to perform his obligations under the Contract Documents. 8. "Owner ": Orange County Asset Management. 9. "Owner's Representative ": 5thWall Building Diagnostics Consultants. 10. "Provide ": Contractor to furnish and install 11. "Selected ": Selected by the Architect 12. "Underwriters" or "UL ": Underwriters Laboratories, Inc., 207 East Ohio Street, Chicago, Illinois 60611 13. "Manufacturers Specifications ", "Manufacturers Directions" or "Manufacturers recommendations: The referenced manufacturer's current published specifications or manual in effect on the date of the SGC -1 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 Contract Specifications or as to Change Orders, on the date of the Change Order. These publications are hereby made a part of the Specifications as though repeated therein in full and all manufactured articles, materials and equipment shall be applied, installed, erected, connected, used, cleaned, and conditioned accordingly, unless specified to the contrary. If the manufacturer's specifications and other Contract Documents are at variance with one another, the more stringent or demanding requirement or specification shall govern the way the work is performed or installed. 14. All publications referred to for the establishment of material or construction standards shall include the latest revisions in effect on the date of the Contract Specifications. Add new Subparagraphs 1.1.9, 1.1.10, and 1.1.11 as follows: 1.1.9 NUMBER OF SPECIFIED ITEMS REQUIRED. Wherever an article, device or piece of equipment is referred to in the singular number, such reference shall apply to as many such articles as are shown on the Contract Documents or required to complete the installation. 1.1.10 EQUIPMENT FURNISHED BY OTHERS. For all equipment furnished by others, to be installed by the Contractor, the Contractor shall use manufacturer's detail drawings to establish rough -in dimensions and location of services. h1 case of conflict, equipment detail drawings and dimensions shall be used, except where aesthetic or structural considerations make an adjustment necessary. See attached addendum for any other definitions and abbreviations required for a specific project, which are incorporated herein by reference. In the event of conflict or discrepancies in the Contract Documents, priority of interpretation shall be: 1. Owner- Contractor Agreement 2. Addenda (later date takes precedence) 3. Instructions to Bidders 4. Supplementary General Conditions 5. General Conditions 6. Specifications 7. Architectural drawings 8. For all drawings a. Schedules b. Notes c. Typical details d. Large scale details e. Small scale details B. Paragraph 1.2.1, the next to the last word, "indicated" is changed to "intended." C. Paragraph 1.5.1 is deleted and restated as follows: "1.5.1 The Contract shall be signed by the Owner and Contractor." SGC - 2 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 D. Paragraph 1.6 "OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE" In Subparagraph 1.6.1 delete the third sentence and insert in its stead the following: "Neither the Contractor nor any Subcontractor, Sub - subcontractor, or material or equipment supplier shall own or claim a copyright in the drawings, Specifications and other documents prepared by the Architect or the Architect's Consultants, and unless otherwise indicated the Architect or the Architect's Consultants shall be deemed the author of them and the Architect and Owner will retain all common law, statutory, and other reserved rights, in addition to the copyright." III. MODIFICATIONS OF ARTICLE 2 — OWNER A. Paragraph 2.2 "INFORMATION AND SERVICES REQUIRED OF THE OWNER." 1. In Subparagraph 2.2.1, in the first sentence, beginning on the second line, delete the following words: "and thereafter ". 2. In Subparagraph 2.2.1, in the second sentence, beginning on the third line delete the following words: "or continuation ". 3. In Subparagraph 2.2.1 delete the third sentence in its entirety. 4. In Subparagraph 2.2.3, insert at the beginning of the first sentence: "Upon written request of the Contractor, ". 5. In Subparagraph 2.2.4 insert at the beginning of the sentence "Upon request of the Contractor, ". 6. Delete Subparagraph 2.2.5 and insert in its stead the following new Subparagraph 2.2.5: 2.2.5 The Contractor will be supplied with not more than 3 complete sets of Contract Documents. Additional complete sets or portions thereof may be issued upon request and on payment of reproduction costs. B. Paragraph 2.4 "OWNER'S RIGHT TO CARRY OUT THE WORK" Delete the last three sentences in Subparagraph 2.4.1 and insert in its stead the following: "In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for the Architect's additional services and expenses, and other expenses incurred by Owner, including but not limited to attorney fees, made necessary by such default, neglect or failure. If payments then or thereafter due to the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. The Owner's rights to issue the second (3 day) notice or to take corrective actions subsequent to the second notice shall not be affected if the owner allows a greater time to pass before acting." SGC - 3 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 IV. MODIFICATIONS OF ARTICLE 3 - CONTRACTOR A. Paragraph 3.2 "REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR" 1. In Subparagraph 3.2.1, in the last sentence, the phrase "...shall be reported promptly to the Architect..." is revised to read "...shall be reported promptly to the Owner and to the Architect...." 2. In Subparagraph 3.2.2, in the last sentence, the phrase "...shall be reported promptly to the Architect." is revised to read "...shall be reported promptly to the Owner and to the Architect." B. Paragraph 3.3 "SUPERVISION AND CONSTRUCTION PROCEDURES" 1. The next to last sentence is deleted and restated as follows: "If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Owner." C. Subparagraph 3.4.2 is revised by adding the following sentence: "The Owner shall respond to recommended changes within 7 calendar days after receipt of the written evaluation of the Architect." D. Paragraph 3.5 "WARRANTY" In Subparagraph 3.5.1, delete the last sentence and insert in its stead the following: "If requested by the Architect or Owner, the Contractor shall furnish to the requesting party satisfactory evidence as to the kind and quality of materials and equipment." E. Paragraph 3.6 "TAXES" In Subparagraph 3.6.1 delete the period at the end of Subparagraph 3.6.1 and add the words "except as otherwise specified ". 2. Add the following Subparagraphs as set forth below: 3.6.2 The proposal sum of each bidder shall include North Carolina Sales Tax. 3.6.3 The Contractor shall list and provide a total of sales taxes paid during each month by County of North Carolina on a form to be furnished by the Owner. Such listings shall include sales taxes paid by the Contractor and his Subcontractors and shall be submitted along with each monthly request for payment. 3.6.4 In those instances where a Contractor purchases materials from a Subcontractor and/or materials made for use in construction work for the Owner and pays sales or use tax on such materials, he shall report monthly the amount of sales tax paid by the firm names and amounts and enter on the sales tax form. SGC - 4 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 3.6.5 Sales or use tax paid on purchase or rental of tools and equipment used by any prime contractor and/or Subcontractor shall be included in the Contract Sum and will not be reimbursable. 3.6.6 Sales or use tax on materials furnished under change orders will be reported by the same methods as outlined above for material furnished under the original contract. Therefore, sales or use tax, except of the type described in Subparagraph 3.6.5, shall not appear in the cost breakdown of change orders. E. Paragraph 3.10 "CONTRACTOR'S CONSTRUCTION SCHEDULES" Add to Subparagraph 3. 10.1 the following: "Within ten days after award of the Contract the Contractor shall submit to the Architect and Owner a chart showing the estimated progress for the component divisions of the Work, together with a composite curve showing the estimated progress for the entire Work under this Contract." 3.10.1.1 The chart will indicate the percent of the total construction cost for each item listed and list further breakdown of items shown specification section) to provide a separate item for each Work unit. 3.10.1.2 The Schedule of Values required by Subparagraph 9.2.1 is to be plotted against the project time of the project to show "Anticipated Monthly Values" and "Accumulated Scheduled Progress ". Such consolidation shall not amend the requirements of 9.2.1. 3.10.1.3 This chart must be approved by the Architect and Owner, but only for the limited purpose of determining that the time limits per the Contract Documents have not been exceeded, that the major components of the Work have been included and that the chart complies with items 1 and 2 above. Such limited approval in no way constitutes an acceptance of any variation of the schedules required in the Contract Documents. 3.10.1.4 The chart shall be updated at least on a monthly basis to accurately assess the progress of the Work. The Contractor shall submit a narrative report to include, but not be limited to, a description of problem areas, current or anticipated delaying factors and their impact, and an explanation of corrective action taken or proposed. F. Paragraph 3.11 "DOCUMENTS AND SAMPLES AT THE SITE" Insert at the end of Subparagraph 3.11.1 the following: 3.11.1.1 As the Work proceeds, the Contractor shall keep a careful record of mechanical, electrical, underground and other concealed Work whose final in -place locations vary from those shown on the Contract Drawings, whether because of Change Orders or actual job conditions. 3.11.1.2 All such variations shall be shown on the Field Documents which shall be delivered to the Architect before final payment is processed. This copy shall be known as the "Record Drawings" and shall be used for no other purpose than to record changes from the Contract Documents incorporated in the finished SGC -5 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 Work. All such changes shall be indicated in prominent contrasting color. Where necessary for clarity, supplementary drawings at a larger scale shall be made and print attached to the "Record Drawings ". Care shall be exercised in handling the "Record Drawings" to insure an accurate permanent record. 3.11.1.3 The Architect will review the "Record Drawings" on a monthly basis during construction to determine whether the Contractor is in compliance with Clauses 3.11.1.1 and 3.11.1.2. G. Paragraph 3.12 "SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES" Delete Subparagraph 3.12.5 and insert in its stead the following new Subparagraph 3.12.5: 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve in writing and submit, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or any separate contractor, all Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents. Submittals made by the Contractor which are not required by the Contract Documents may be returned without action. 2. Delete Subparagraph 3.12.7 and insert in instead the following new Subparagraph 3.12.7: 3.12.7 No portion of the Work requiring submission of a Shop Drawing, Product Data, Sample or similar submittals shall be commenced until the respective submittal has been reviewed and approved by the Architect as provided in Subparagraph 4.2.7. All such portions of the Work shall be in accordance with reviewed submittals. Delete Subparagraph 3.12.8 and insert in its stead the following new Subparagraph 3.12.8: 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from the requirements of the Contract Documents by the Architect's review of Shop Drawings, Product Data, Samples or similar submittals under Subparagraph 4.2.7 unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved from responsibility for errors or omissions in the Shop Drawings, Product Data, Samples or similar submittals by the Architect's review thereof. H. Paragraph 3.15 "CLEANING UP" Insert at the end of Subparagraph 3.15.1 the following: "In addition to the clean -up during construction as set out above, the Contractor shall also, after the Work has been completed, complete the following clean up: Comply with all special cleaning instructions contained in the Specifications. SGC -6 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 Leave the entire construction site clean and ready for occupancy." 2. Delete Subparagraph 3.15.2 and insert in its stead the following new Subparagraph 3.15.2: 3.15.2 If the Contractor fails to clean up during construction or at the completion of the Work, the Owner may do so as provided in Paragraph 2.4 and the cost thereof shall be charged to the Contractor. I. Paragraph 3.18 "INDEMNIFICATION" Revise Subparagraph 3.18.1 by deleting from the first sentence the words: "...and to the extent claims, damages, losses or expenses are not covered by Project Management Protective Liability insurance purchased by the Contractor in accordance with Paragraph 11.3,... ". 2. Add a new Subparagraph 3.18.3 as follows: 3.18.3 As a condition of payment by the Owner of Contractor's Applications for Payment, the Contractor shall further indemnify and hold harmless the Owner and its sureties and Architect from any claims, damages, loss or expense, including Owner's attorney fees, relating to or on account of any lien or claim of lien asserted by any laborer, materialman, subcontractor or any other person directly or indirectly acting for, through, or under Contractor against the Project or any part thereof or any interest therein or against monies due or to become due from Owner, its sureties or agents; without limiting the foregoing, Contractor shall cause any lien or claim of lien to be removed, satisfied, or discharged within 10 days from the date of filing or receipt by the Contractor, whichever is sooner. V. MODIFICATIONS OF ARTICLE 4 - ADMINISTRATION OF THE CONTRACT A. Paragraph 4.2 "ARCHITECT'S ADMINISTRATION OF THE CONTRACT" Delete Subparagraph 4.2.2 in its entirety and insert in its stead the following new Subparagraph 4.2.2: 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction to become familiar with the progress and quality of the completed Work and to determine in his professional opinion whether the Work is being performed in a manner indicating that the Work, when completed, will be in accordance with the Contract Documents. On the basis of on -site observations as an architect, the Architect will keep the Owner informed of progress of the Work and will endeavor to guard the Owner against defects and deficiencies in the Work. The Architect will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in Subparagraph 3.3.1. 2. At the end of Subparagraph 4.2.3 insert the following: "Nothing in this Paragraph, however, affects the obligation of the Architect to review the progress of the Work with sufficient frequency and detail to fulfill the obligations set out in Subparagraph 4.2.2 above and to form a professional opinion as to the amount SGC -7 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 of progress and the quality of the Work to justify the certification of the Contractor's Applications for Payment pursuant to Subparagraph 4.2.5." Delete the first sentence of Subparagraph 4.2.4 and insert in its stead the following: "The Owner's Representative may communicate with the Contractor either through the Architect or directly; when such communications are made directly, the Owner's Representative and Contractor will endeavor to advise the Architect of the substance of such discussions." 4. Insert at the end of Subparagraph 4.2.6 the following: "The Architect will provide the Owner with written documentation of all rejections and directions taken by the Architect under this Subparagraph. 5. Insert at the end of Subparagraph 4.2.9 the following: "At the completion of the project, all required copies of operating manuals, warranties, instructions, "Record Drawings ", etc., shall be forwarded to the Architect, who in turn will transmit them to the Owner. Final payment to the Contractor will not be made until this is done." 6. Delete Subparagraph 4.2.13 and substitute in its stead the following new Subparagraph 4.2.13: 4.2.13 The Architect's decision on all claims, disputes, or other matters in question between the Owner and Contractor, whether relating to aesthetic effect or not, shall be final and binding, unless challenged in court as set out below. If any party does not accept an Architect's final decision, its sole recourse shall be to, within 180 days of the last work performed by the Contractor under this Contract, file suit in the closest jurisdiction to Cary, North Carolina or in the United States District Court, and the parties to this Contract consent to exclusive jurisdiction and venue in said Courts. As a condition precedent to the institution of such an action, the excepting party must serve a written notice of exception and claim upon the other party and upon the Architect within 60 days of the date of the Architect's final decision. Said notice shall include the amount of any damages claimed and the basis of the exception and claim. B. Paragraph 4.3 "CLAIMS AND DISPUTES" In Subparagraph 4.3.4 delete the word "initial" in the last sentence. C. Paragraph 4.4 "RESOLUTION OF CLAIMS AND DISPUTES" In Subparagraph 4.4.1 delete the word "initially" in the first sentence. Additionally, delete the words "initial" and "mediation, arbitration or" in the second sentence. 2. In Subparagraph 4.4.5 delete the words "but subject to mediation and arbitration" in the last sentence and substitute in lieu thereof the words "subject only to appeal in accordance with Subparagraph 4.2.13 ". 3. Delete Subparagraph 4.4.6 in its entirety. 4. In Subparagraph 4.4.8 delete the words "by mediation or by arbitration" in the first sentence. SGC -8 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 E. Paragraph 4.5 "MEDIATION" 1. Delete Subparagraphs 4.5.1, 4.5.2 and 4.5.3 in their entirety. 2. Insert a new Subparagraph 4.5.1 as follows: "All references to mandatory mediation in the GENERAL CONDITIONS and any other Contract Documents are hereby deleted. All disputes not resolved by the Architect's decision shall be resolved in accordance with Subparagraph 4.2.13." F. Paragraph 4.6 "ARBITRATION" 1. Delete Subparagraphs 4.6.1, 4.6.2, 4.6.3, 4.6.4, 4.6.5 and 4.6.6 in their entirety. 2. Insert a new Subparagraph 4.6.1 as follows: 4.6.1 "All references to mandatory arbitration in the GENERAL CONDITIONS and any other Contract Documents are hereby deleted. All disputes not resolved by the Architect's decision shall be resolved in accordance with Subparagraph 4.2.13." VL MODIFICATIONS OF ARTICLE 7 - CHANGES IN THE WORK A. Paragraph 7.2 "CHANGE ORDERS" Insert a new Subparagraph 7.2.3 as follows: 7.2.3 The Contractor shall provide a breakdown of cost or credit for a change made in accordance with Clause 7.3.3.1 or 7.3.3.4 on the form, Exhibit A, attached to these supplementary general conditions. B. Paragraph 7.3 "CONSTRUCTION CHANGE DIRECTIVES" 1. In Subparagraph 7.3.1, in the second sentence, following "deletions or other revisions ", insert "or acceleration of the time for completing the Work," 2. Insert a new Clause 7.3.3.5 as follows: 7.3.3.5 The Contractor shall provide a breakdown of cost or credit for a change made in accordance with Clause 7.3.3.1. VII. MODIFICATIONS OF ARTICLE 8 — TIME A. Paragraph 8.3 "DELAYS AND EXTENSIONS OF TIME" 1. Delete Subparagraph 8.3.1 in its entirety and in its stead the following new Subparagraph 8.3.1: 8.3.1 If the Contractor is delayed in the commencement, prosecution, or completion of the Work by the acts, omissions, neglect or default of the Owner, or of anyone employed by the Owner, or by any damage caused by fire or other casualty of by the combined action of workmen in no way chargeable to the Contractor, or by any extraordinary condition arising out of war or government regulations, or by any other cause beyond the Contractor's control, none of which is due to any fault, neglect, act or omission of the Contractor, then the Contractor shall be entitled to an extension of time, such extension to be for a period equivalent to the time lost by reason of any and all of the aforesaid causes, as SGC - 9 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 determined by the Owner. In the event of dispute by the Contractor as to the amount of time by which the Contract may be extended, the matter shall be referred to the Architect, in accordance with Paragraphs 4.3 and 4.4, whose decision thereon shall be final and binding upon the parties hereto. In no event shall the Contractor be entitled to monetary damages for delays. Furthermore, the Contractor shall not be entitled to any such extension of time unless a claim for such extension is presented in writing to the Owner within seven (7) days of the commencement of such claimed delay. Such extension or extension of time, as determined by the Owner or by the Architect, or the decision or decisions of the Architect that no extension of time shall be allowed, shall release and discharge the Owner of and from any and all claims of whatever character by the Contractor on the account of the aforesaid or any other causes of delay. 2. Delete Subparagraph 8.3.3 in its entirety and insert in its stead the following new Subparagraph 8.3.3: 8.3.3 If the Owner or Architect shall determine from comparison of weekly progress reports with the progress schedule, that the Work has not proceeded in accordance with the project schedule, the Architect shall notify the Contractor, and the Contractor shall, within 7 calendar days of receipt of such notice, notify the Owner and the Architect of, and subject to the Owner's approval adopt such other or additional means and methods of construction as will make up the amount of time by which the progress in the Work is behind the progress schedule. Additional means and methods of construction as set forth herein shall mean and include sufficient manpower, equipment, resources and supervision as is necessary in the opinion of the Owner or Architect to bring the Work back on schedule. Insert a new Subparagraph 8.3.4 as follows: 8.3.4 The Contractor shall begin the Work on the Date of Commencement and shall perform the Work diligently, expeditiously, and with adequate resources so as to complete all the Work within the Contract Time. The Contractor shall reschedule or resequence the Work, to the extent possible, to avoid or minimize any delay to the Contract Time. The Contractor shall not, without the Owner's prior approval, reschedule or resequence so that an action, approval, or activity of the Owner moves onto the critical path or otherwise becomes critical to the Contract Time. 4. Insert a new Subparagraph 8.3.4 as follows: Excessive inclement weather; the Contract Time will not be extended due to reasonably anticipated inclement weather or for delays in the aftermath of inclement weather, reasonably anticipated or excessive. The time for performance of this Contract, as stated in the Contract Documents, includes an allowance for calendar days which may not be available for construction out -of- doors; for the purposes of this Contract, the Contractor agrees that the number of calendar days per month stated below are to be considered reasonably anticipated inclement weather. Unless the Contractor can substantiate to the satisfaction of the Owner that there was greater than the reasonably anticipated inclement weather considering the time from the notice -to- proceed until the building is enclosed using data from the nearest National Weather Service Station or a SGC - 10 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 weather station acceptable to the Owner and that such alleged greater than reasonably anticipated inclement weather actually delayed the Work or portions thereof which had an effect upon the Contract Time, the Contractor shall not be entitled to an extension of time. For the purpose of this contract, the Contractor agrees to anticipate and plan for inclement weather for the number of calendar days in accordance with the following table: Planned Days/Month Jan 7 May 7 Sep 5 Feb 6 Jun 6 Oct 5 Mar 7 Jul 8 Nov 5 Apr 6 Aug 6 Dec 6 Also the Contractor agrees that the calculation of the number of excessive inclement weather days shall be the number of days in excess of those shown for each month in the table above, in which precipitation exceeded .10 inch, or in which the highest temperature was 32 degrees F. or less as recorded at the approved weather station. If the total accumulated number of calendar days lost to excessive inclement weather, from the notice -to- proceed until the building is enclosed, exceeds the total accumulated number to be reasonably anticipated for the same period from the table above, time for completion will be extended by the number of calendar days needed to include the excess number of calendar days lost. No change in Contract Sum will be authorized because of adjustment of Contract Time due to excessive inclement weather. B. Insert a new Paragraph 8.4 as follows: 8.4 "DELAYS AND OVERTIME" 8.4.1 The Owner, if it deems necessary, may direct the Contractor to work overtime and if so directed the Contractor shall work said overtime and, provided that the progress of the Work or of the Project has not been delayed by any fault or neglect or act or failure to act of the Contractor or any of its Subcontractors, officers, agents, servants or employees, the Owner will pay the Contractor for such actual additional wages paid, if any, at rates which have been approved by the Owner, plus taxes imposed by law on such additional wages, plus worker's compensation insurance, liability insurance and levies on such wages as required to be paid by the Contractor. 8.4.2 If the progress of the Work or of the Project is delayed by any fault or neglect or act or failure to act of the Contractor or any of its Subcontractors, officers, agents, servants or employees, then the Contractor shall, in addition to all of the other obligations in such case, at its own cost and expense, work such overtime as may be necessary to make up for all time lost and to avoid delay in the completion of the Work and of the Project. SGC - 11 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 C. Insert a new Paragraph 8.5 as follows: 8.5 "TIMELY ACCOMPLISHMENT OF WORK AND LIQUIDATED DAMAGES" 8.5.1 It is the intent of the Owner to award the Contract immediately after receipt of Bids, providing the Bids received are within funds available. 8.5.2 The Contractor shall commence work within five calendar days after receipt of "Notice to Proceed" unless otherwise stipulated in said notice and shall be substantially complete within 30 calendar days. The final completion date will be 15 calender days after the substantial completion date. 8.5.3 If the Contractor shall fail to complete the Work within the time specified, or any proper extension thereof granted by the Owner, then the Contractor agrees that such failure constitutes a breach. The Contractor agrees that the Owner may elect to forbear its right to terminate for cause under Article 13.2, or to take other corrective actions such as the right to carry out the work authorized by Article 2.4, and in consideration of the Owner's forbearance the Contractor agrees to pay the Owner the fixed amount of $200 for each day of delay as liquidated damages. The Contractor agrees that the liquidated damages may be deducted by the Owner from any funds that are otherwise owed to the Contractor and not yet paid. The parties agree that time is of the essence in this Contract, and that the above amount is fixed and agreed upon due to the impracticality and extreme difficulty of fixing and ascertaining the actual damages the Owner would sustain in the event of such delay. Actual damages may include but not necessarily limited to rental and/or other expenses of the use of other facilities, loss of grant money or other revenues, loss of the use of capital and additional interest expense and financing cost and claims by other parties in contract with the Owner for their delay expenses. 8.5.4 The Contractor shall notify his surety in writing of any extension(s) of time that may be granted. VIII. MODIFICATIONS OF ARTICLE 9 - PAYMENTS AND COMPLETION A. Paragraph 9.3 "APPLICATIONS FOR PAYMENT" 1. In Subparagraph 9.3.1, delete the words "At least ten days" and replace them with "At least thirty days ". 2. Insert at the end of Subparagraph 9.3.1 the following: Applications for payment referenced in this Subparagraph 9.3.1 of the GENERAL CONDITIONS shall be submitted to the Architect on the Owner's standard form and shall include the Schedule of Values and Progress Schedule as described in Paragraph 3.10 herein, adjusted from the original to show actual conditions at time of submission of Application for Payment. 3. Delete Subparagraph 9.3.2 in its entirety and substitute in its stead the following new Subparagraph 9.3.2: 9.3.2 Subject to issuance of Certificates of payment, payments will become due and payable each month in accordance with the provisions of the GENERAL CONDITIONS in the amount of ninety percent of the proportion of the Contract sum properly allocable to labor, materials and equipment incorporated in the SGC - 12 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 construction and ninety percent of the portion of the Contract sum properly allocable to materials and equipment suitably stored at the Site less the aggregate of previous payments in each case. Payments for materials or equipment stored on the Site shall be conditioned upon submission by the Contractor of Bills of Sale or such other procedures satisfactory to the Owner to establish the Owner's title to such materials or equipment or otherwise protect the Owner's interest. 4. In Subparagraph 9.3.3 delete the first sentence and insert in its stead the following: "Title to equipment, material, and Work performed passes upon acceptance by the Owner." B. Paragraph 9.10 "FINAL COMPLETION AND FINAL PAYMENT" Add the following sentence at the end of Subparagraph 9.10.2: "Whether the lien is eventually released, waived, bonded off, or satisfied, the Contractor shall be liable to the Owner for any payments or costs incurred by the Owner, including reasonable attorney fees, and the Owner shall be entitled to deduct said payments from any retainage owed by the Owner to the Contractor." 2. Add the following new Clause 9.10.2.1: 9.10.2.1 Standard Form Lien Waivers: Unless specifically waived by Owner, and without limitation to Owner's right to require any other lien waiver pursuant to Paragraph 9.10.2 or any other portion of the Contract Documents, the Contractor shall submit prior to any final payment an Affidavit and Lien Waiver executed by the Contractor and each Subcontractor in accordance with the following forms: a. The Contractor shall use the form entitled, "Affidavit and Lien Waiver by Contractor" attached hereto as Exhibit B. b. Each Subcontractor shall use the form entitled "Affidavit and Lien Waiver by Subcontractor or Material Supplier" attached hereto as Exhibit C. The Contractor may request copies of these forms from the Owner as necessary. In the event the Owner, Contractor, or Subcontractor has received a Notice of Claim of Lien on Funds, or Claim of Lien, the Contractor and any Subcontractor affected shall furnish an Affidavit and Lien Waiver by Subcontractor or material supplier executed by each lien claimant of record in the form set forth as Exhibit B if the claimant is the contractor, or on Exhibit C if the lien claimant is a Subcontractor or material supplier. IX. MODIFICATIONS OF ARTICLE 10 - PROTECTION OF PERSONS AND PROPERTY A. Paragraph 10.2 "SAFETY OF PERSONS AND PROPERTY" Insert the following at the end of Clause 10.2.1.3: "The Contractor shall restore all lawn, shrubs, trees, walks, roadways, structures, and utilities not designated for removal, which are damaged or disturbed by this Work, to their original condition to the satisfaction of the Architect, at no additional cost to the Owner." SGC -13 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 B. Paragraph 10.3 "HAZARDOUS MATERIALS" Insert the following Clauses 10.3.3.1 and 10.3.3.2: 10.3.3.1 Asbestos or polychlorinated biphenyl (PCB) is or may be concealed within the walls and ceilings, and in pipe covering in this building. If, during the course of the Work, the Contractor finds any material that contains asbestos or PCB, or if the Contractor has reason to believe the material contains asbestos or PCB, the Contractor shall immediately cease all work that in any way may disturb, spread or discharge the asbestos or PCB, or in any way contaminate other areas. Further, the Contractor shall immediately notify, in writing, the Architect and/or the Owner and obtain instruction as to how and when to proceed with the work. 10.3.3.2 The Contractor acknowledges he has been advised by the Owner that asbestos or PCB is sealed within walls, pipes, and other parts of the Work. Should any such asbestos or PCB be disturbed, spread or discharged due to any fault, neglect, act or failure to act of the Contractor or any of its officers, agents, employees, or Subcontractors in violation of Clause 10.3.3.1 or applicable laws, ordinances, rules, regulations, or lawful orders of any public authority so as to cause any additional cost, expense, liability, or damage to the Owner, or any costs, expenses, damages or liability which the Owner may or shall become liable, the Contractor shall and does hereby agree to compensate the Owner for and indemnify it against all such costs, expenses, damages, and liability, including but not limited to costs, if any, paid by the Owner to clean up such spread or discharge(s) of asbestos or PCB. X. MODIFICATIONS OF ARTICLE 11 - INSURANCE AND BONDS A. Paragraph 11.1 "CONTRACTOR'S LIABILITY INSURANCE" In the first sentence of Subparagraph 11.1.1, insert in the first sentence after the word "companies" the following: "that are approved in advance by Owner and are 2. Delete Clause 11.1.1.5 in its entirety and substitute in its stead the following new Subparagraph: 11.1.1.5 Insurance covering claims for damage to Property other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom shall also include claims arising from blasting, explosion, collapse due to excavation, moving, shoring and the like, and damage to underground property, or damage to facilities resulting from underground work. If explosives are to be used Contractor is required to present certification of insurance coverage for blasting and collapse to the Owner prior to the use of any explosives. In the second sentence of Subparagraph 11.1.2, delete the words "whether written on an occurrence or claims -made basis ", and insert in its stead the following: "shall be written on an occurrence policy and ". SGC - 14 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 4. Insert the following Clauses: 11.1.2.1 The Contractor shall take out and maintain insurance of such types and in such amounts as are necessary to cover his responsibilities and liabilities under this Contract, and shall require all of his Subcontractors to carry similar insurance. 11.1.2.2 The Contractor shall not commence work under this Contract until he has obtained all insurance required by the GENERAL CONDITIONS of the Contract as amended herein, and such insurance has been approved in writing by the Owner, nor shall the Contractor allow any Subcontractor to commence work on his Contract until all similar insurance required of the Subcontractors has been so obtained and approved, unless otherwise authorized by the Architect. The Contractor and each Subcontractor shall take out and maintain all insurance with responsible companies authorized to do business in Virginia. 11.1.2.3 Each policy of insurance shall provide either in body of the policy or by appropriate endorsement to the policy that such policy cannot be altered or cancelled in less than thirty (30) days after mailing of written notice by Registered Mail to the insured and the Owner of such alterations or cancellations. 11.1.2.4 Insurance, as a minimum, shall include the following coverages: a. Statutory Liability Insurance: Workmen's Compensation and Occupation Disease, with statutory limits as provided by the State or other political subdivision in which this Contract is performed, and Employer's Liability Insurance. b. Comprehensive General Liability: (including Premises - Operations; Independent Contractor's Protection; Products and Completed Operations; Broad Form Property Damage): Bodily Injury: $1,000,000 each occurrence $2,000,000 aggregate, products and completed operations Property Damage: $1,000,000 each occurrence $2,000,000 aggregate C. Contractual Liability (Hold Harmless Coverage): Bodily Injury: $1,000,000 each occurrence Property Damage: $1,000,000 each occurrence $2,000,000 aggregate d. Personal Injury: $1,000,000 aggregate e. Comprehensive Automobile Liability (Owner, Non - Owner, Hired): Bodily Injury: $500,000 each person 1,000,000 each accident Property Damage: $1,000,000 each accident SGC - 15 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 f. In addition to the foregoing limits the Contractor shall carry an umbrella policy with a minimum of $5,000,000.00 coverage. 5. Insert at the end of Subparagraph 11.1.3 the following: "Furnish one copy of certificate herein required for each copy of the agreement, specifically set forth evidence of all coverage required by Clause 11.1.2.4 of the GENERAL CONDITIONS." B. Paragraph 11.3 "PROJECT MANAGEMENT PROTECTIVE LIABILITY INSURANCE" is deleted in its entirety. C. Paragraph 11.4 "PROPERTY INSURANCE" Insert the following at the end of Subparagraph 11.4.1: "The Owner will provide "All Risk" Insurance with a $10,000 deductible. The $10,000 deductible provision of the Owner's "All Risk" Insurance is to be covered by the General Contractor. 2. In Clause 11.4.1.1 in the first sentence place a period after the words "applicable legal requirements." and delete the remainder of the first sentence only. In Clause 11.4.1.3 delete the word "Owner" in the first sentence and substitute in lieu thereof "Contractor ". 4. In Subparagraph 11.4.3 delete the second sentence. 5. In Subparagraph 11.4.6, delete the first sentence and restate it as follows: "Before an exposure to loss may occur, the Owner shall file with the Contractor a certificate of insurance for coverages required by this Paragraph 11.4." 6. Delete Subparagraph 11.4.9 and insert in its stead the following new Subparagraph 11.4.9: "The Owner shall deposit in a separate account proceeds so received, which the Owner shall distribute in accordance with such agreement as the parties in interest may reach, or in accordance with an award." 7. Delete Subparagraph 11.4.10 and insert in its stead the following new Subparagraph 11.4.10: "The Owner as fiduciary shall have the power to adjust and settle any loss with the insurers." D. Paragraph 11.5 "PERFORMANCE BOND AND PAYMENT BOND" Delete Subparagraph 11.5.1 in its entirety and substitute in its stead the following new Subparagraph 11.5.1: 11.5.1 The Contractor, on the date of execution of the Contract, shall furnish a performance bond and payment bond with a surety licensed to conduct business in the state where the project is located and whose limits of insurability measured by the current United States Treasury Department listing of treasury limits are at least equal to the amount of the Contract, guaranteeing the completion of the Work and performance of the Contract and the payment for all labor and materials incorporated in the Work. The amount of coverage for said bonds shall be 100 percent of the Contract Sum. SGC - 16 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 C. Paragraph 11.5 "PERFORMANCE BOND AND PAYMENT BOND" Delete Subparagraph 11.5.1 in its entirety and substitute in its stead the following new Subparagraph 11.5.1: 11.5.1 If required, the Contractor, at the Owner's expense, shall furnish a performance bond and payment bond with a surety licensed to conduct business in the state where the project is located and whose limits of insurability measured by the current United States Treasury Department listing of treasury limits are at least equal to the amount of the Contract, guaranteeing the completion of the Work and performance of the Contract and the payment for all labor and materials incorporated in the Work. The amount of coverage for said bonds shall be 100 percent of the Contract Sum. XI. MODIFICATIONS OF ARTICLE 12 - UNCOVERING AND CORRECTION OF WORK A. Paragraph 12.2 "CORRECTION OF WORK" In Clause 12.2.2.1 delete the last clause of the first sentence, beginning with "the Contractor shall correct ..." and insert in its stead the new clause as follows: "the Owner shall advise the Contractor in writing of such findings and, unless Owner has previously specifically accepted such condition, in the Owner's sole discretion, the Owner may either require Contractor to promptly correct such deficiency, or engage other entities to correct the conditions, with Contractor to bear all costs of correction in either case." XII. MODIFICATIONS OF ARTICLE 13 - MISCELLANEOUS PROVISIONS A. Paragraph 13.1 "GOVERNING LAW" Delete Subparagraph 13.1.1 in its entirety and insert in its stead the following new Subparagraph 13.1.1: The Contract, and all matters or disputes relating thereto involving the Owner, shall be governed by the law of the State of North Carolina. 2. Add new Subparagraph 13.1.2: 13.1.2 Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement or breach thereof, shall be adjudicated only in the state or federal courts of North Carolina, and all parties consent to the exclusive jurisdiction of the state and federal courts of North Carolina, or the U. S. District Court. B. Paragraph 13.5 "TESTS AND INSPECTIONS" Add new Clause 13.5.1.1 as follows: 13.5.1.1 The Contractor shall employ an independent laboratory to conduct all testing except soil compaction, structural steel testing, and all concrete testing. The Owner shall provide an independent laboratory to conduct testing for these items. The laboratory employed by the General Contractor for all other testing shall be subject to the Architect's approval. SGC - 17 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 XIIL MODIFICATIONS TO ARTICLE 14 - TERMINATION OR SUSPENSION OF THE CONTRACT A. Paragraph 14.1 "TERMINATION BY THE CONTRACTOR" 1. Delete Clause 14.1.1.4 in its entirety. B. Paragraph 14.2 "TERMINATION BY THE OWNER FOR CAUSE" 1. In Subparagraph 14.2.2, in the first sentence delete the words "upon certification by the Architect that sufficient cause exists to justify such action" and insert in its stead the following language: "after consultation with the Architect ". C. Subparagraph 14.4.1 "TERMINATION BY THE OWNER FOR CONVENIENCE" After the phrase "terminate the contract, ", add the words "in whole or in part." D. Delete Subparagraph 14.4.3 in its entirety and substitute in instead the following new Subparagraph 14.4.3: 14.4.3 In case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with an equitable portion of the Contractor's fee based on the portion of the Work completed. SGC - 18 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants DIVISION 1 GENERAL REQUIREMENTS SECTION 010050 SPECIAL CONDITIONS PART GENERAL 1.01 Related Documents Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 Drawings and general provisions of the contract including General, Supplemental, and Special Conditions and other Division 1 specification sections may apply to work of this section. 1.02 Asbestos - Materials containing asbestos or Canadian fibers in any form shall not be used on this project. 1.03 Means and Methods A. The Contractor shall employ such methods and appliances for performance of all operations connected with work as will be required to secure a satisfactory quality of work and rate of progress agreed upon. B. If at any time methods or appliances appear to be inefficient or inappropriate, the Designer may order the Contractor to improve its methods and/or improve or expand its appliances; and the Contractor must conform to such order. Failure of the Designer to demand such increase in efficiency or improvement shall not release Contractor from any of its several obligations. 1.04 Owner's Designated Representative Owner's Representative shall be: Angel Barnes Orange County Asset Managements 131 West Margaret Lane Hillsborough, North Carolina 27278 Phone: 919/245 -2628 Designer of Record: 5thWall Building Diagnostics Consultants 9601 Baileywick Rd Raleigh, North Carolina 27615 Phone: 919/616 -4715 1.05 Intent of Documents A. The intent of the Documents is to include all labor, material, transportation, equipment, and all other items necessary to perform and maintain a complete project. In case of discrepancy or disagreement in the Documents the order of preference shall be: 17 -198 Special Conditions 010050-1 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants 1. Form of Contract 2. General Conditions and Supplemental Conditions 3. Specifications 4. Shop Drawings /Submittals 5. Drawings a) Large Scale Details b) Small Scale Details c) Plan Views Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 B. The wording of the specifications shall be interpreted in accordance with common usage of the language except words having a common used technique or trade meaning shall be so interpreted in preference to other meanings. 1.06 Codes and Standards Whenever reference is given to codes or standard specifications, or other data published by regulating agencies or accepted organizations including but not limited to State of North Carolina Building Code, Federal Specifications, ASTM Specifications, Underwriters' Laboratories, various institute specifications and the like, it shall be understood that such reference is to the latest edition, including addenda, published prior to the date of the specifications. 1.07 Use of Premises and Removal of Debris A. Traffic ways to the building shall be kept clear and open at all times. Noise and dirt shall be kept to a minimum. All dirt and debris shall be promptly cleaned up and properly disposed of. B. Whenever the Contractor finds it necessary to shut off any services or utilities to any portion of the building, the Owner shall be notified a minimum of 48 hours in advance to arrange the shutdown of such services or utilities to occur at a time convenient to the Owner. C. Parking of Contractor vehicles on site shall be in accordance with Town of Clayton policy. 1.08 Protection of Persons and Property The Contractor shall immediately report to the Owner's Representative by telephone all accidents, near accidents, and fires on the project resulting in injury, damage, or death, and subsequently confirm by letter. This in no way relieves the Contractor from making reports required by law. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used 17 -198 END OF SECTION 010050 -2 Special Conditions DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants DIVISION 1 GENERAL REQUIREMENTS SECTION 010100 SUMMARY OF WORK PART GENERAL 1.01 Related Documents: Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 Drawings and general provisions of the contract including General, Supplemental, and Special Conditions and other Division 1- specification sections apply to work of this section. 1.02 Work Covered by Contract Documents: Work under this contract consists of furnishing all labor, materials, and equipment necessary for replacement of slate roof sectors of the Orange County Skills Development Center, 503 West Franklin Street, Chapel Hill, North Carolina 27511. The work will include, but not necessarily be limited to the following: A. Removing and disposing of existing slate to include underlayment and all related flashing and accessories down to the existing deck. B. Inspection of existing deck; damaged areas to be repaired or replaced. C. Furnishing and installing new self - adhering membrane underlayment. D. Furnishing and installing new slate roofing. E. Furnishing and installing new sheet metal flashings and accessories to include but not necessarily limited to gutter, downspout, step flashing, edge flashing, counterflashing, and miscellaneous trim. 1.03 Contract Method: Construct the work based on the lump sums and unit prices provided. 1.04 Work Sequence: A Work shall proceed in a continuous and orderly manner. Phased construction is unacceptable. B The Contractor shall strive to minimize disruption to building operations and occupancy during window replacement activities. 1.05 Permits A. Apply for, secure, and pay for all permits, governmental fees and licenses necessary for the proper execution and completion of the Work which are applicable at the time that Bids are received. 17 -198 Summary of Work 010100.1 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 B. Obtain necessary permits and inspections for any mechanical, electrical, and/or plumbing work associated with raising/extending of existing ductwork, conduit, piping, and pipe vents to provide specified flashing clearances above new roof membrane. Provide evidence of acceptance of work by submitting inspection forms from appropriate agencies that indicate acceptance of the Work. 1.06 Existing Conditions A. Existing conditions are reflected to the best of the Designer's knowledge based on randomly and arbitrarily selected sample areas. It is the responsibility of the Contractor to visit the site as required to verify existing conditions, dimensions, and quantities, etc. prior to preparation and submission of bids. B. The Owner and Designer make no representation, warranty or guarantee that conditions indicated by the drawings and specifications are representative of those conditions found throughout the entire work areas, or that materials other than, or in proportions different from those indicated, may not exist. C. Building and site shall be accepted "as -is." Exercise care to protect existing conditions. D. Notify Owner and Designer should the conditions vary significantly from those described in the Contract Documents. E. Pre -Job Damage Survey of Facility and Site: A thorough survey of property, interior and exterior, shall be performed prior to starting the Work in order to document existing conditions. A photographic record of all conditions shall be provided to the Owner and Designer prior to beginning work. Damaged items identified on the photographic record shall not be the responsibility of Contractor unless further damaged by Contractor during execution of Project. Any equipment identified to be damaged or abandoned shall be reported to the Owner as a part of the survey for determination of item removal or repair. F. Correction of Damage to Property: The Contractor shall be responsible for repair or replacement of materials that are damaged during construction activities and are not documented to have been existing prior to beginning the work. Items /materials that are damaged shall be returned to original condition prior to conclusion of construction activities. If return to original condition is not possible or practical, Contractor shall replace items /materials with new as approved by the Designer and the Owner. The Owner reserves the right to perform prompt repairs /replacement to such damages with its own forces and to reduce the Contract Sum by such an amount to reimburse for repairs required. 1.07 Contractor Use of Premises: A. Limit use of premises for construction operations to allow for Owner occupancy. B. Coordinate use of premises under direction of the Owner. C. Contractor shall be held liable for any damages to the building, building contents, or its occupancy resulting from work under this contract. D. Keep driveways and entrances serving the premises clear and available at all times. Do not use areas for vehicle parking or storage of materials or equipment. 17 -198 Summary of Work 010100.2 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants E. No tobacco product usage is permitted. Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 F. There shall be no contact between workers and occupants or users of the building. G. Only the superintendent and foreman will be allowed in the building, unless during an emergency. 1.08 Owner Occupancy: Owner will occupy premises during entire period of construction to conduct normal operations. The Contractor shall cooperate with Owner to minimize conflict, and to facilitate Owner's operations. 1.09 Coordination: A. Coordinate work of the various sections of specifications to assure efficient and orderly sequence of installation of materials. B. Coordinate work under this contract with other contract work relating to the same building /roof areas to assure efficient and orderly sequence of installation of materials. 1.10 Reference Standards: A. Products specified by association or trade standards must comply with those standards, except when more rigid requirements are specified herein or are required by applicable codes. B. The date of the standard is that which is in effect as of the bid date unless otherwise stated. C. Should there be a discrepancy between the referenced standards and these contract documents, the latter shall govern unless written interpretation is obtained from the Designer. D. Should there be discrepancies among the referenced standards; the more stringent requirements shall govern. 1.11 Safety The Contractor shall follow all safety requirements as obligated by local, state and federal regulations, and the Owner. PART2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION 17 -198 Summary of Work 01 0100.3 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 DIVISION 1 GENERAL REQUIRMENTS SECTION 012000 PRICE AND PAYMENT PROCEDURES PART GENERAL 1.01 Related Documents: Drawings and general provisions of the contract including General, Supplemental, and Special Conditions and other Division 1- specification sections apply to work of this section 1.02 Section Includes A. Cash allowances B. Contingency allowances C. Schedule of values D. Applications for payment E. Change procedures F. Defect assessment G. Unit prices H. Alternates 1.03 Cash Allowances A. Costs Included in Cash Allowances: Cost of product to Contractor or Subcontractor, less applicable trade discounts. B. Costs Not Included in Cash Allowances But Included in Contract Sum: Product delivery to site and handling at site, including unloading, uncrating, and storage; protection of products from elements and from damage; and labor for installation and finishing. C. Designer Responsibilities: 1. Consult with Contractor for consideration and selection of products, suppliers, and installers. 2. Select products in consultation with Owner and transmit decision to Contractor. 3. Prepare Change Order. D. Contractor Responsibilities: 1. Assist Designer in selection of products, suppliers and installers. 2. Obtain proposals from suppliers and installers and offer recommendations. 3. On notification of selection by Designer execute purchase agreement with designated supplier and installer. 4. Arrange for and process shop drawings, product data, and samples. Arrange for delivery. 5. Promptly inspect products upon delivery for completeness, damage, and defects. Submit claims for transportation damage. E. Differences in costs will be adjusted by Change Order. 17 -198 Price and Payment Procedures 012000.1 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants F. Allowances Schedule: 1. Section 06100 Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 Allow $500 for replacement of damaged or deteriorated wood deck, nailers, and blocking. Provide unit costs for replacement of wood deck and nailers. G. At closeout of Contract, funds remaining in Allowance will be credited to Owner by Change Order. 1.04 Schedule of Values A. Submit printed schedule on AIA Form G703 - Continuation Sheet for G702. Contractor's standard form or electronic media printout will be considered. B. Submit Schedule of Values in duplicate within seven days after date established in Notice to Proceed. C. Format: Utilize Table of Contents of this Project Manual. Identify each line item with number and title of major specification Section. D. Include in each line item, amount of Allowances specified in this section. For unit cost Allowances, identify quantities taken from Contract Documents multiplied by unit cost to achieve total for each item. E. Include within each line item, direct proportional amount of Contractor's overhead and profit. F. Revise schedule to list approved Change Orders, with each Application For Payment. 1.05 Applications for Payment A. Submit three copies of each application on AIA Form G702 - Application and Certificate for Payment and AIA G703 - Continuation Sheet for G702. B. Content and Format: Utilize Schedule of Values for listing items in Application for Payment. C. Submit updated copy of construction progress schedule with each Application for Payment. D. Payment Period: Submit at intervals stipulated in the Agreement. E. Submit with transmittal letter as specified for Submittals in Section 013300, Submittal Procedures. F. Substantiating Data: When Designer requires substantiating information, submit data justifying dollar amounts in question. Include the following with Application for Payment: 1. Partial release of liens from major subcontractors and vendors. 2. Record documents as specified in Section 017700, Project Closeout Procedures, for review by Owner which will be returned to Contractor. 3. Affidavits attesting to off -site stored products. 17 -198 Price and Payment Procedures 012000.2 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants 1.06 Change Procedures Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 A. Submittals: Submit name of individual authorized to receive change documents, and be responsible for informing others in Contractor's employ or Subcontractors of changes to the Work. B. The Designer will advise of minor changes in the Work not involving adjustment to Contract Sum or Contract Time by issuing supplemental instructions. C. The Designer may issue a Proposal Request including a detailed description of proposed change with supplementary or revised Drawings and specifications, a change in Contract Time for executing the change and the period of time during which the requested price will be considered valid. Contractor will prepare and submit estimate within two days. D. Contractor may propose changes by submitting a request for change to Designer describing proposed change and its full effect on the Work. Include a statement describing reason for the change, and effect on Contract Sum and Contract Time with full documentation. E. Stipulated Sum Change Order: Based on Proposal Request and Contractor's fixed price quotation or Contractor's request for Change Order as approved by Designer. F. Unit Price Change Order: For contract unit prices and quantities, the Change Order will be executed on fixed unit price basis. For unit costs or quantities of units of work which are not pre - determined, execute Work under Construction Change Directive. Changes in Contract Sum or Contract Time will be computed as specified for Time and Material Change Order. G. Construction Change Directive: Designer may issue directive, on AIA Form G713 Construction Change Directive] signed by Owner, instructing Contractor to proceed with change in the Work, for subsequent inclusion in a Change Order. Document will describe changes in the Work, and designate method of determining any change in Contract Sum or Contract Time. Promptly execute change. H. Time and Material Change Order: Submit itemized account and supporting data after completion of change, within time limits indicated in Conditions of the Contract. Designer will determine change allowable in Contract Sum and Contract Time as provided in Contract Documents. I. Maintain detailed records of work done on Time and Material basis. Provide full information required for evaluation of proposed changes, and to substantiate costs for changes in the Work. J. Document each quotation for change in cost or time with sufficient data to allow evaluation of quotation. K. Change Order Forms: AIA G701 Change Order. L. Execution of Change Orders: Designer will issue Change Orders for signatures of parties as provided in Conditions of the Contract. 17 -198 Price and Payment Procedures 012000.3 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants M. Correlation Of Contractor Submittals: Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 1. Promptly revise Schedule of Values and Application for Payment forms to record each authorized Change Order as separate line item and adjust Contract Sum. 2. Promptly revise progress schedules to reflect change in Contract Time, revise sub - schedules to adjust times for other items of work affected by the change, and resubmit. 3. Promptly enter changes in Project Record Documents. 1.07 Defect Assessment A. Replace the Work, or portions of the Work, not conforming to specified requirements. B. If, in the opinion of the Designer, it is not practical to remove and replace the Work, the Designer will direct appropriate remedy or adjust payment. C. The defective Work may remain, but unit sum will be adjusted to new sum at discretion of the Designer. D. Defective Work will be partially repaired to instructions of Designer and unit sum will be adjusted to new sum/price at discretion of the Designer. E. Individual specification sections may modify these options or may identify specific formula or percentage sum reduction. F. Authority of Designer to assess defects and identify payment adjustment, is final. G. Non - Payment For Rejected Products: Payment will not be made for rejected products for any of the following: 1. Products wasted or disposed of in a manner that is not acceptable. 2. Products determined as unacceptable before or after placement. 3. Products not completely unloaded from transporting vehicle 4. Products placed beyond lines and levels of required Work. 5. Products remaining on hand after completion of the Work. 6. Loading, hauling, and disposing of rejected products. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION 17 -198 Price and Payment Procedures 012000.4 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants DIVISION 1 GENERAL REQUIREMENTS SECTION 012200 PROJECT MEETINGS PART1 GENERAL 1.01 Related Documents Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 Drawings and general provisions of the contract including General, Supplemental, and Special Conditions and other Division 1 specification sections apply to work of this section. 1.02 Description To provide for an orderly review during progress of the work and to provide for the systematic discussion of problems that may arise throughout the construction period. 1.03 Representation Each Contractor and major Subcontractor shall be represented at every meeting by a responsible representative member of its organization. The Owner, Designer, and/or its authorized representative shall also attend. 1.04 Submittals A. The proceedings of these meetings shall be recorded by the Contractor. One copy of the proceedings shall be furnished to the Owner and each required representative. B. Occasionally the Designer shall conduct a meeting. By conducting and recording the meeting, it shall not be construed that the Designer is scheduling or coordinating Contractor's work. 1.05 Decisions /Interpretations All decisions and interpretations given by the Designer at project meetings shall be made on behalf of the Owner and shall be conclusive on each contractor affected. PART2 PRODUCTS Not Used PART 3 EXECUTION 3.01 Periodic Project Meetings A. Project meetings shall be scheduled as agreed to by the Owner's representative, Designer and Contractor(s) at a Pre - Construction meeting. B. If a change in schedule is required due to causes beyond the control of the Owner or Designer, the Designer shall advise each concerned party in advance of such a change. 3.02 Location - Meetings shall be held at the job site to the maximum extent possible. 17 -198 Project Meetings 012200.1 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 3.03 Pre - construction Conference Prior to ordering materials but after approval of the shop drawings, a pre - constuction conference shall be held by appropriate personnel representing the Owner, (including the inspector), Owner's Representative, Designer, General Contractor (if any), Roofing Contractor, and roofing materials manufacturer representative at least seven days prior to proposed start of field work. The Designer shall make all arrangements for the meeting. The Contractor shall have its project manager and designated job foreman/superintendent present at the meeting. Failure to include all of the proper personnel at the meeting shall be cause to re- schedule the meeting at the expense of the Contractor. Should the project manager or job foreman/superintendent or manufacturer change, the meeting shall be re -held at the expense of the Contractor. The Designer's specifications, plans and flashing details shall be discussed and any problems or discrepancies resolved. Scheduling of the work of the various trades shall also be reviewed and established. Representatives of Owner, Owner's Representative, Designer, General Contractor (if any), and Roofing Contractor will be established at the Pre - Roofing Conference. A written record shall be made of the proceeding by the Designer and shall become a part of the job record. The Agenda for the Conference will consist of the following items as a minimum: 1. Contract documents 2. Communications channels and procedures 3. Field change orders and decisions 4. Project meeting schedules 5. Construction schedule 6. Rules and regulations affecting the work 7. Safety requirements 8. Staging, material storage and parking 9. Organization of Contractor, Subcontractors, material suppliers, Designer 10. Shop drawings and submittals 11. Project record documents 12. Technical discussion to include as a minimum a) Review of methods and procedures for roofing installation to include the manufacturers written instructions b) Review of details and other conditions that may affect the work C) Examination of existing conditions for compliance with specified requirements 13. Pre -Job Damage Survey END OF SECTION 17 -198 Project Meetings 012200.2 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 DIVISION 1 GENERAL REQUIREMENTS SECTION 013216 CONSTRUCTION PROGRESS SCHEDULE PART1 GENERAL 1.01 Related Documents Drawings and general provisions of the contract including General and Supplementary Conditions and other Division 1 specification sections apply to work of this section. 1.02 Description A. To assure adequate planning and execution of the work so as to complete the project within the time period allowed in the contract and to assist the Designer in evaluating progress of the work. B. "Day" used throughout the contract shall mean "Consecutive Calendar Days" unless otherwise stated. C. "Work day" shall be any weekday, exclusive of Saturdays, Sundays, or a recognized legal holiday on which weather or other conditions (not under control of the contractor) will permit construction operations to proceed for not less than 3/4 of a normal work day in the performance of a controlling item of work. The contractor shall denote such controlling work items on the critical path schedule to be submitted as a part of this project. Should such conditions permit operations to proceed for at least 1/2 but less than 3/4 of normal working hours, 1/2 of a work day shall be counted. Days counted shall exclude Saturdays, Sundays, and recognized legal holidays the Contractor does not work but will include Saturdays, Sundays, and recognized legal holidays the Contractor does work. Work days shall be counted during periods of suspension of work ordered by the Designer except when the suspension is a result of a violation of terms of the contract. 1.03 Adherence to Approved Schedule A. Should any activity not be completed within ten days after the scheduled completion date, the Owner shall have the right to order the Contractor to expedite completion of the activity by whatever means the Owner deems appropriate and necessary without additional expense. B. Should any activity be 30 or more days behind schedule the Owner shall have the right to complete the activity or to have the activity completed by whatever means the Owner deems appropriate and necessary. C. The Owner shall assess a dollar value for the work not completed after the scheduled completion date and will include this information in the activity report. D. Failure by the Owner to exercise the option to either order the Contractor to expedite an activity or to expedite an activity by other means shall not be considered precedent setting for any other activity(ies). 17 -198 Construction Progress Schedule 013216.1 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants 1.04 Schedule Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 A. Within seven days after receipt of Notice to Proceed the Contractor shall submit one copy of the construction schedule to the Designer. The schedule shall be forwarded to the Designer via electronic means. B. On the first working day of each month the schedule shall be updated and submitted to the Owner. PART2 PRODUCTS 2.01 Diagram A. Graphically show the sequence and interdependence of all activities necessary to complete the Work and the order in which such activities are to be accomplished as planned by the Contractor and its project field supervisor in coordination with all subcontractors whose work is shown on the diagram. Activities shown on the diagram shall include, but are not necessarily limited to: 1. Submittals and approvals of shop drawings and samples 2. Procurement of equipment and materials 3. Project mobilization 4. Demolition/Preparation 5. Construction 6. Miscellaneous Work 7. Final clean up 8. Final inspection 9. All activities by the Owner which affect progress, required completion dates, or both, for all and each part of the work. B. The detail of information shall be such that duration times of activities shall normally range from one to thirty days. The selection and number of activities shall be subject to approval by the Owner. C. Mathematical Analysis: Tabulate each activity of detailed network diagrams, using calendar dates, and identify for each activity: 1. Preceding and following event numbers 2. Activity description 3. Estimated duration of activity, in maximum 30 day intervals 4. Earliest start date 5. Earliest finish date 6. Actual start date 7. Actual finish date 8. Latest start date 9. Latest finish date 10. Total and free float; accrue float time to Owner and to Owner's benefit 11. Monetary value of activity, keyed to Schedule of Values 12. Percentage of activity completed 13. Responsibility 17 -198 Construction Progress Schedule 013216.2 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 B. Analysis Program: Capable of compiling monetary value of completed and partially completed activities, of accepting revised completion dates, and recomputation of scheduled dates and float. C. Required Sorts: List activities in sorts or groups: 1. By preceding work item or event number from lowest to highest 2. By longest float, then in order of early start 3. By responsibility in order of earliest possible start date 4. In order of latest allowable start dates 5. h1 order of latest allowable finish dates 6. Contractor's periodic payment request sorted by Schedule of Values listings. 7. Listing of basic input data generating report 8. Listing of activities on critical path PART 3 EXECUTION 3.01 Construction Schedule Within seven days after receipt of notice to proceed, complete the analysis described in paragraph 2.01 of this section in preliminary form. Meet with the Owner and Designer to review the contents of the proposed schedule and make all revisions agreed upon. Within three days of joint review, submit complete diagram and mathematical analysis in accordance with paragraph 1.04.13 of this section. 3.02 Review and Evaluation A. Participate in joint review and evaluation of network diagrams and analysis with Designer at each submittal. B. Evaluate project status to determine work behind schedule and work ahead of schedule. C. After review, revise network diagram and analysis incorporating results of review and resubmit within three days. 3.03 Periodic Reports - show the following activities. A. Activities completed during the reporting period. B. Percentage of work actually completed and scheduled as of the report date. C. Progress along the critical path in terms of days ahead of or behind schedule dates. D. If work is behind schedule, a brief report which shows, but is not necessarily limited to: 1. A description of problem areas, both current and anticipated. 2. Delaying factors and their impact. 3. An explanation of corrective actions taken or proposed. 3.04 Revisions Make only those revisions to the construction schedule as are approved in advance by the Owner and Designer. END OF SECTION 17 -198 Construction Progress Schedule 013216.3 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants DIVISION 1 GENERAL REQUIREMENTS SECTION 013300 SUBMITTALS PART1 GENERAL 1.01 Related Documents Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 Drawings and general provisions of the contract including General, Supplemental, and Special Conditions and other Division 1 specification sections apply to work of this section. 1.02 Procedures A. Within seven calendar days after receipt of Notice to Proceed, the successful Contractor(s) shall submit the required information to the Designer via electronic transmission. Acknowledgement of acceptance, approval or rejection will be transmitted via electronic transmission to the Contractor. B. Each transmitted item shall identify the project ID #, name and Contractor. Material submittals shall also identify the type and trade name of material, material manufacturer, intended use, and specification number. Deviations from contract documents shall be identified. C. Shop drawings shall be made accurately to a scale sufficiently large to show all pertinent aspects of the item. D. All submittals shall bear the contractor's stamp, date and signature acknowledging review for compliance with specifications. E. After Designer's review of material, revise and resubmit, as required, identifying changes made since previous submittal. F. Distribute copies of reviewed submittals as appropriate. Instruct parties to promptly report inability to comply with requirements. G. Submittals not requested shall not be recognized or processed. 1.03 Pre -Job Damage Survey A. Perform and submit a pre job damage survey of rooftop equipment /features, building exterior, site, pavements, and applicable building interior to document existing conditions prior to beginning work in accordance with Section 010100, Summary of Work. B. Submit one copy of the required documentation, in CD or DVD format, to include photographs of the survey and additional sketches or documentation as necessary to adequately describe the location of existing conditions and defects and to verify the date of the survey. 17 -198 Submittals 013300.1 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants 1.04 Shop Drawings Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 A. Submit to Designer for review for limited purpose of checking for conformance with information given and design concept expressed in Contract Documents. B. When required by individual specification sections, provide shop drawings signed and sealed by design professional responsible for designing components shown on shop drawings. 1. Include signed and sealed calculations to support design. 2. Submit drawings and calculations in form suitable for submission to and approval by authorities having jurisdiction. 3. Make revisions and provide additional information when required by authorities having jurisdiction. 1.05 Product Data A. Submit to Designer for review for limited purpose of checking for conformance with information given and design concept expressed in Contract Documents. B. Submit a complete description of the roofing system listing all components and their respective manufacturer. C. Submit each manufacturer's technical specifications and installation instructions for each major component. D. Submit MSDS sheet for all materials. E. Submit samples to illustrate functional and aesthetic characteristics of Products, with integral parts and attachment devices. Coordinate sample submittals for interfacing work. F. Samples shall be of the exact item proposed to be furnished. G. Whenever a choice of color is available for a specified product, accurate color charts shall be submitted to the Designer for review and selection. 1.06 Manufacturer's Certificates A. Submit a statement from the manufacturer of the window system bid stating that the window Contractor is an authorized installer of the proposed window system and, subject to the Owner's award of the construction contract. B. If any components are not packaged by the window manufacturer, submit a letter from the window manufacturer clearly identifying the component and acknowledging approval to use the component on the project. 1.07 Samples A. Samples shall be of the exact item proposed to be furnished. 17 -198 Submittals 013300.2 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 B. Whenever a choice of color is available for a specified product, accurate color charts shall be submitted to the Designer for review and selection. 1.08 Personnel A. Within seven days of the award of contract, submit the names of superintendent and foreman, or foremen, proposed for this project. B. Superintendent named shall remain on the project for its entire duration. Written request to the Owner shall be required prior to replacement of superintendent. C. If non - English speaking workmen are employed, the foreman and superintendent shall be fluent in their language and in English. D. Superintendent shall be present during any progression of work. 1.09 Manufacturer Training Within seven days of the date of Notice to Proceed, submit a letter from the membrane manufacturer listing the names of those Contractor personnel who will be working on this project and are trained and qualified to install the system. 1.10 Insurance Certificates Submit insurance certificate issued to Owner by Contractor's insurance carrier listing all coverage's as specified in the Owner's General and Supplementary Conditions. 1.11 Permits Provide building permits required by federal, state, or local entity for the construction or demolition work required during the progress of the Work. If no permits are required, so state. 1.12 Safety Provide a copy of company's safety and fall protection plan for the project. PART2 PRODUCTS Not Used PART 3 EXECUTION 3.01 Timing A. Make all submittals in accordance with schedules specified herein unless otherwise required. B. A minimum of seven working days shall be allowed for review by the Designer following its receipt of the submittal. C. Delays caused by tardiness in receipt of submittals shall not be an acceptable basis for extension of the contract completion date. 17 -198 Submittals 01 3300.3 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 3.02 Review A. Review by the Designer shall be directed to the general method of construction only and shall not be construed as a complete check, nor shall this review relieve the Contractor from responsibility for errors and/or omissions which may exist. B. The notations "Reviewed" or "Reviewed as noted" signed off by the Designer shall authorize the Contractor to proceed with fabrication, purchase, or both subject to the revisions, if any required by the Owner's review comments. The notations "Revise and Resubmit" or "Disapproved and Resubmit" shall require appropriate action and shall not authorize the Contractor to proceed until the item(s) in question have/has been corrected. C. The Contractor shall make all revisions as required. If the Contractor considers any required revisions to constitute a change notification shall be given to the Designer under the provisions as specified in the general conditions. Only those revisions directed or approved by the Designer shall be shown on the resubmittal. D. After a submittal has been approved by the Designer, substitution of materials or equipment shall not be considered unless approved by the Designer and accompanied by an acceptable explanation as to the necessity of the substitution. 3.03 Claims for Extra Cost No claim for extra cost shall be based on Work shown on shop drawings unless such claim is made on the Contractor's letter of transmittal accompanying the shop drawings and is approved by the Owner in writing. 3.04 Payment for Review A. Initial Services: The Designer shall provide an initial review and one subsequent review of submittals as required. B. Subsequent Reviews: The Designer's costs associated with additional reviews required beyond the initial review and one subsequent review shall be paid directly by Contractor. END OF SECTION 17 -198 Submittals 013300.4 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants DIVISION 1 GENERAL REQUIREMENTS SECTION 014000 QUALITY CONTROL PART1 GENERAL 1.01 Related Documents Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 Drawings and general provisions of the contract including General, Supplemental, Special Conditions and other Division 1 specification sections apply to work of this section. 1.02 Quality Control - Contractor A. Maintain quality control over products, services, site conditions, and workmanship, to produce work of specified quality. B. Provide safe access to the site for inspection by the Owner or its authorized representative. C. Comply with industry standards except when more restrictive tolerances or specified requirements indicate more rigid standards or more precise workmanship. D. Perform work by persons qualified to produce workmanship of specified quality. E. Secure products in place with positive anchorage devices designed and sized to withstand stresses, vibration, and racking. 1.03 Quality Control - Owner A. The Owner reserves the right, at its discretion, to retain the services of an independent construction quality assurance representative to provide quality assurance of the work. Testing may be performed to determine any deficiencies in the roofing assembly. B. The cost of such services shall be borne by the Owner during the contract time. Any monitoring and testing required due to the installation being incomplete as a result of Contractor - controlled nonperformance shall be borne by the Contractor. C. The Contractor shall be required to notify the Owner or its designated representative prior to cancellation of any operations and subsequent restart of the project. Any cost resulting from the failure to notify shall be borne by the Contractor. D. Work found to be in violation of the specifications, or not in conformance with acceptable roofing standards, shall be subject to rejection including complete removal and replacement with new material at the Contractor's expense. E. The Designer shall document quantities of those materials bid on a unit price basis listed in the Form of Proposal as well as other materials. 17 -198 Quality Control 014000.1 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 PART PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION 17 -198 Quality Control 014000.2 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 DIVISION 1 GENERAL REQUIREMENTS SECTION 015000 TEMPORARY FACILITIES AND CONTROLS PART1 GENERAL 1.01 Related Documents Drawings and general provisions of the contract including General, Supplemental, and Special Conditions and other Division 1 specification sections apply to work of this section. 1.02 Description A. To provide for temporary facilities and controls required for the performance of the project. Such items include but are not necessarily limited to utilities such as heat, water, electricity telephone; sanitary facilities; Contractor's facilities; and enclosures such as tarpaulins, barricades and canopies. B. All equipment furnished by Contractor shall comply with all pertinent safety requirements. C. Ladders, scaffolding, planks, hoists, and all similar items furnished by individual trades in the execution of their own portions of the work are not a part of this section. 1.03 Product Handling A. Contractor shall exercise all means necessary to maintain temporary facilities and controls in a proper and safe condition throughout the progress of the project. B. All required connections to existing utility systems shall be made with minimum disruption. If disruption of existing service is required, a minimum of 48 hours notice shall be given to the Owner and connections shall not be made without Owner's approval. If necessary, Contractor shall provide for alternate temporary service. C. If the required utility is not available from the Owner, the Contractor shall provide for alternate temporary service for the duration of the project. PART2 PRODUCTS 2.01 All temporary facilities shall be subject to Owner's approval. A. Electricity 1. The Owner shall furnish electricity required for construction at no cost to the Contractor. Contractor shall exercise measures to conserve energy. 2. Access to "deminimus" 110 volt electricity by Contractor shall be designated by the Owner. 17 -198 Temporary Facilities and Controls 015000.1 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 All wiring needed to facilitate construction of the project including but not necessarily limited to breakers, junction boxes, switches, etc. shall be temporary in nature and shall be furnished and installed by the Contractor at no cost to the Owner. Upon completion of the work, the Contractor shall remove all such temporary wiring and restore service to its original condition at no cost to the Owner. 4. Provide flexible power cords as required for construction operations. B. Heating Provide and maintain all heat needed for proper conduct of all operations included in the work. C. Water The Owner shall furnish reasonable quantities of water required for construction at no cost to the Contractor. D. Telephone Provide an onsite telephone throughout the duration of the project at no cost to the Owner. 2.02 Sanitary Facilities Provide proper temporary sanitary facilities in the quantities required for use of all personnel. All facilities shall be maintained in a sanitary condition at all times in a location as designated by the Owner. 2.03 Enclosures A. Furnish, install and maintain for the duration of the project, all scaffolds, ladders, tarpaulins, barricades, warning signs, platforms, bridges, canopies, steps, and other temporary construction required to properly facilitate completion of the project in compliance with all safety and other regulations and in accordance with requirements of the Owner. B. Provide all necessary safeguards to warn and prevent pedestrians and Owner's personnel from being exposed to dangers or hazards created by this project. Safeguards shall be in accordance with Owner's requirements. 2.04 Signs A. Place signage at the various access points for this work disclosing the work and the responsible contact information as approved in advance by the Owner. B. No advertising of any kind shall be allowed on the project site. 2.05 Construction Aids A. Provide equipment for access to the roof unless otherwise directed by Owner. B. A disposal chute shall be constructed by Contractor to prevent damage to buildings and grounds. Disposal chute shall be enclosed type and shall be located such that demolition debris will be discharged from the building at the designated staging area directly into disposal vehicles or containers. 17 -198 Temporary Facilities and Controls 015000.2 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 C. Provide for debris removal services and containers. Placement and servicing of containers shall be coordinated with the Owner. D. Residue and debris from all operations shall not be allowed to accumulate on the project site. Debris shall be removed and properly disposed of daily in accordance with all Owner Federal, State and Local regulations. The weights of all disposed materials shall be collected and provided to the owner. Any container left unattended shall be marked and covered. E. Fumes, dust, dirt and debris created by project construction shall be properly contained or controlled by the Contractor. Method(s) of control shall be approved by the Designer and/or Owner's Representative. 2.06 Safety and Protection of Facilities A. Comply with the general conditions of this specification concerning safety and protection. B. Contractor shall take all necessary precautions and shall be totally responsible for guarding against unintentional fires and shall provide suitable and adequate fire extinguishers conveniently located at staging areas, storage areas, and at areas where an open flame may being used. Competent operators shall be in attendance at all times and shall be properly trained or instructed in fire prevention. C. Walls, windows, roof edges, etc., adjacent to equipment lines, hoists, and staging areas shall be protected using canvas tarpaulins. Plastic or felt will not be acceptable. D. Plywood, minimum of 5/8 inch thick, or other suitable materials shall be used to protect roof areas from damage that may be caused by concentrated equipment loads and foot traffic. E. The Contractor shall provide the Owner with off -hours telephone numbers of its project supervisor, foreman, etc., to allow contact by the Owner if an emergency arises. F. All Contractor personnel shall have appropriate identification on their person at all times while on site. Identification may consist of photo I.D., uniforms with individual name and Contractor name, etc. G. Inspect the work area each day for any openings that may allow water to enter the building. Any openings shall be temporarily patched. 2.07 Storage A. Contractor shall be responsible for proper storage of equipment, materials, and devices furnished by itself and/or its subcontractors and suppliers. B. All storage and staging areas are subject to approval by the Owner or its authorized representative. C. All materials shall be on pallets and covered with non - condensing tarps. Any damaged material shall be replaced at no cost to the Owner. 17 -198 Temporary Facilities and Controls 015000.3 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 D. All flammable materials must be stored in an approved container or storage facility and must have lids in place while not in use. Flammable materials must be stored in accordance with the Owner's requirements. All open containers shall be removed from the site daily. 2.08 Vehicular Access A. Location of vehicle access shall be as designated by Owner. If necessary, extend and relocate vehicle access as Work progress requires; provide detours as necessary for unimpeded traffic flow. B. Construct temporary bridges and culverts to span low areas and allow unimpeded drainage. C. Provide unimpeded access for emergency vehicles. Maintain 20 feet wide driveways with turning space between and around combustible materials. D. Provide and maintain access to fire hydrants and control valves free of obstructions. 2.09 Parking A. Contractor's construction vehicles shall enter the project site and park in areas as directed by the Owner. The Contractor shall be responsible for coordination of traffic by its subcontractors, suppliers, etc., so as not to disrupt ongoing operations of the Owner. If on site parking is not sufficient, the Contractor shall make arrangements for off site parking. B. Maintain traffic and parking areas in sound condition free of construction equipment, products, mud, snow, and ice. Maintain existing paved areas used for construction; promptly repair breaks, potholes, low areas, standing water, and other deficiencies, to maintain paving and drainage in original, or specified, condition. C. Remove temporary materials and construction at Substantial Completion. Repair existing facilities damaged by use, to original condition. D. Provide means of removing mud from vehicle wheels before entering street 2.10 Field Office The Contractor may provide a Field Office. The location shall be subject to the approval of the Owner. 2.11 Plans, Specifications and Submittals Electronic copies of plans and specifications will be made available to the Contractor without cost. Additional copies may be acquired upon request. Hard copies shall be the responsibility of the Contractor. The Contractor shall be responsible for maintaining at least one current set of plans, specifications, reviewed submittals, and record drawings at the project site for the duration of construction. 17 -198 Temporary Facilities and Controls 015000.4 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants 2.12 Ventilation Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 A. Provide, as required, facilities to maintain specific storage conditions as described within this specification and as recommended by the materials manufacturer for use in construction. B. Provide adequate ventilation of enclosed areas to prevent the accumulation of fumes, vapors and gases. C. Take precautions and make provisions to protect Owner's facilities from intrusion of noxious odors into buildings from construction activities. PART 3 EXECUTION Not Used END OF SECTION 17 -198 Temporary Facilities and Controls 015000.5 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 DIVISION 1 GENERAL REQUIREMENTS SECTION 015639 TEMPORARY TREE AND PLANT PROTECTION PART1 GENERAL 1.01 Related Documents Drawings and general provisions of the contract including General, Supplemental, and Special Conditions and other Division 1 specification sections apply to work of this section. 1.02 Description A. Barriers shall be woven wire fence with metal posts. B. Removal, replanting, and repairing of damaged plants shall be completed by a nurseryman or tree surgeon in a manner acceptable to the Owner. Plants designated to be removed and kept alive shall be removed, cared for and replanted by a qualified specialist of the plant type involved. C. Regrading and seeding of disturbed areas. Disturbed areas shall be regraded and reseeded to match the original conditions, as a minimum. PART 2 PRODUCTS 2.01 Materials A. Topsoil: Shall be natural or cultivated surface -soil layer containing organic matter (min 4 %, max. 25 %) and sand, silt, and clay particles. Topsoil shall have an acidity range of 5.5 to 7.5 and shall be friable, pervious, and black or a darker shade of brown, gray, or red than underlying subsoil. Topsoil shall be reasonably free of subsoil, clay lumps, gravel, and other objects more than 2 inches in diameter, and free of weeds, roots, and other deleterious materials. It shall not be excessively acidic or alkaline nor contain toxic substances harmful to plant growth B. Peat: shall be low in mineral and wood content and consist of partially decomposed vegetable matter, mildly acidic. C. Pine Bark: for soil mixing shall be aged 3/8" or finer, others shall be nuggets. D. Soil Mixture: shall be approximately 50% topsoil, and 25% each of soil mixing pine bark and peat. E. Seed: shall be per Owner's standards. F. Fence Materials: shall be per Owner's standards. 17 -198 Temporary Tree And Plant Protection 015639.1 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 PART 3 EXECUTION 3.01 The landscaper, nurseryman, and tree surgeon must be qualified and approved by the Owner. 3.02 Fence A. Fence shall be installed prior to any construction and shall remain until construction and site cleanup is complete. B. Fence location for tree protection shall be at the "drip line" or extreme perimeter of the branches. C. The fence shall be a minimum height of four feet. D. Install continuous 2x6 at ground level along all fencing. E. No construction material or debris shall be stored within the barricade area. 3.02 Seeding Install per referenced Owner's standards. 3.03 Guarantee Replanted, injured or repaired plants shall be guaranteed for one full growing season. END OF SECTION 17 -198 Temporary Tree And Plant Protection 015639.2 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants DIVISION 1 GENERAL REQUIREMENTS SECTION 016000 PRODUCT REQUIREMENTS PART1 GENERAL 1.01 Related Documents Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 Drawings and general provisions of the contract including General and Supplementary General Conditions and other Division 1 specification sections apply to work of this section. 1.02 Products A. Products include materials, equipment and systems. B. Furnish products of qualified manufacturers suitable for intended use. Furnish products of each type by single manufacturer unless specified otherwise. C. All materials shall comply with specifications and referenced standards as minimum requirements. The latest edition of referenced standards apply unless specifically stated otherwise. D. Do not use materials and equipment removed from the existing structure, except as specifically required or allowed by contract documents. 1.03 Product Delivery A. All aspects of material and equipment transportation, delivery, unloading, handling, storage, etc. shall be the responsibility of the Contractor. B. Products shall be transported by methods to avoid product damage; deliver all materials with manufacturer's labels intact and legible. C. Promptly inspect shipments to ensure products comply with requirements, quantities are correct, and products are undamaged. D. Provide equipment and personnel to handle products by methods to prevent damage, soiling, or disfigurement. Damaged material shall be subject to rejection by the Owner or Designer. E. Arrange deliveries of materials in accordance with construction schedules and in ample time to facilitate inspection prior to installation. 1.04 Product Storage and Handling A. Store and protect products in accordance with manufacturers' instructions. 17 -198 Product Requirements 16000.1 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 B. All materials shall be stored so as to maintain clean, dry, off - ground, weathertight conditions and to protect against loss, damage, and wetting. Wet materials shall be marked, rejected for installation, and removed from the project site C. Materials temporarily stored shall be located in approved areas. Materials shall be stored on clean, dry and raised platforms so as to prevent wetting or moisture absorption and yet provide sufficient ventilation to prevent condensation. Materials shall be covered so as to be completely weathertight with coverings that are "breathable" (such as canvas). Factory applied wrapping or polyethylene covers shall be unacceptable as the only storage covering. Methods and materials used for weather protection shall be approved by the Designer. D. Store with seals and labels intact and legible. E. Store sensitive products in weather tight, climate controlled, enclosures in an environment favorable to product. F. For exterior storage of fabricated products, place on sloped supports above ground. G. Provide bonded off -site storage and protection when site does not permit on -site storage or protection. H. Cover products subject to deterioration with impervious sheet covering. Provide ventilation to prevent condensation and degradation of products. I. Store loose granular materials on solid flat surfaces in well- drained area. Prevent mixing with foreign matter. J. Provide equipment and personnel to store products by methods to prevent soiling, disfigurement, or damage. K. Arrange storage of products to permit access for inspection. Periodically inspect to verify products are undamaged and are maintained in acceptable condition. L. Use of the project site by Owner shall not be compromised by the provisions of this section. 1.05 Product Options A. Within seven days after Notice to Proceed, submit list of products and materials proposed in accordance with Section 013300, Submittals. B. Options: 1. Products and materials specified only by referenced standard: Any product or material meeting that standard. 2. Products and materials specified by naming several manufacturers: Products and materials of any named manufacturer meeting specifications. 3. Products and materials of other manufacturers: Submit a written request for substitution stating manufacturer, product or material trade name, and product's or material's ability to meet or exceed the specifications. 17 -198 Product Requirements 16000.2 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants 1.06 Substitutions Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 A. Should the Contractor desire to use products of other manufacturers than those specified, a written request shall be made to the Designer a minimum of three days prior to the date for receiving bids. B. Substitutions of other, non - specified, products or materials shall be considered only when specified products or material become unavailable due to no fault of contractor and if the non - specified products or materials meet or exceed all criteria of the specified products. C. Contractor shall document each request with complete data substantiating compliance of proposed substitution with contract documents. D. Request for substitution constitutes a representation that Contractor: Has investigated proposed product or material and determined that it meets or exceeds, in all respects, specified product(s). 2. Shall provide the same warranty for the substitution as for specified product(s) and/or materials. Shall coordinate installation and make other changes which may be required for work to be complete in all respects. 4. Waives claims for additional costs which may subsequently become apparent. E. Substitutions shall not be considered when they are indicated or implied on Shop Drawings or Product or Material Data submittals without separate written request, or when acceptance will require substantial revision of Contract Documents. F. Designer shall determine acceptability of proposed substitution and will notify Contractor of acceptance or rejection in writing within a reasonable time. G. Designer shall evaluate each substitution submittal for possible credit to the Owner. 1.07 Workmanship Work shall be performed by persons qualified and trained to install the specified products which will result in the workmanship and quality specified and to afford the manufacturer's guaranty. 1.08 Manufacturer's Instructions A. Work shall be performed in accordance with materials manufacturer's specifications and associated details submitted in accordance with Section 013300, Submittals unless otherwise noted. B. Conflicts between the specifications and manufacturers instructions shall be brought to the attention of the Designer. Work in the conflicted area shall not proceed until conflicts are satisfactorily resolved by the Designer. 17 -198 Product Requirements 16000.3 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION 17 -198 Product Requirements 16000.4 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 DIVISION 1 GENERAL REQUIREMENTS SECTION 017700 PROJECT CLOSEOUT PROCEDURES PART1 GENERAL 1.01 Related Documents Drawings and general provisions of the contract including General and Supplementary Conditions and other Division 1 specification sections apply to work of this section. 1.02 Description To provide a specific format for substantial completion and final inspection. 1.03 Related requirements specified elsewhere. A. Cleaning: Section 017710 B. Project Record Documents: Section 017839 C. Warranties: Section 017850 D. Close -out submittals required for trades: Respective section of specification 1.04 Quality Assurance A. All documents submitted to the Designer shall be signed by a person authorized to endorse contracts on behalf of the Contractor. B. All formats for documents shall be approved by the Designer. PART2 PRODUCTS Not Used PART 3 EXECUTION 3.01 Substantial Completion A. Substantial completion — The Work has progressed to the point where, in the opinion of the Designer, it is sufficiently complete, in accordance with the Contract Documents, so that the Work can be utilized for the purposes for which it is intended. B. Submit written certification to the Designer when the project or designated portion of the project is substantially complete. A list of major items to be completed or corrected shall be stated. C. Owner and Designer shall make an inspection within ten days after receipt of certification. D. Should the Owner and Designer determine that the work is substantially complete, the Designer shall prepare and issue a certificate of substantial completion containing: 1. Date of Substantial Completion 2. Listing of items to be completed or corrected and any amendments by Owner. 17 -198 Project Closeout Procedures 017700.1 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 3. The time to be allowed for Contractor to complete or correct listed items. 4. Time and date Owner will assume possession of the work or designated portion thereof. Signature of Designer and Contractor. E. Contractor shall then complete or correct those items so listed within the designated time and inform the Owner and Designer upon completion. F. Should the Owner and Designer determine that the work is not substantially complete the Designer shall immediately notify the Contractor in writing stating the reasons. Contractor shall then complete the work and send a second written notice to the Designer certifying that the project or designated portion thereof, is substantially complete. The Designer shall re- inspect the work within seven days after receipt of certification. 3.02 Final Inspection A. Contractor shall: Submit written certification to the Designer that: 1. The contract documents have been reviewed. 2. Work has been completed in accordance with the contract documents. 3. The project has been inspected for compliance with the contract documents. 4. The project is ready for final inspection. B. Provide safe access to all areas of the facility to accommodate personnel for the final inspection. C. The Designer shall make a final inspection within ten days after receipt of certification. D. Should the Designer determine that the work is finally complete in accordance with the requirements of the contract documents, the Designer shall request that the Contractor submit the appropriate project close -out documentation. E. Should the Designer determine that the work is not finally complete, the Designer shall immediately notify the Contractor in writing stating reasons. The Contractor shall then take immediate measures to remedy the stated deficiencies and send an additional written notice to the Designer certifying that the work is complete. The Designer shall re- inspect the work within ten days after receipt of certification. 3.03 Reinspection Costs Should the Designer incur additional charges as a result of additional inspections for non- compliance, the Contractor shall compensate the Owner for such additional charges. Such costs shall be deducted from final payment to the Contractor. 3.04 Close -out Submittals A. Project record documents: As required by Section 017839. B. Warranties: As required by Section 017850. C. Evidence of payment and release of liens. 17 -198 Project Closeout Procedures 017700.2 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 D. Contractors affidavit of payment of debts and claims: Submit on AIA G706. E. Contractor shall submit Consent of Surety to final payment. F. Certification letter that no asbestos - containing materials were used. G. Two complete sets of as -built drawings — including a copy of both design and shop drawings with changes clearly marked. H. Contractor shall be responsible for proper execution of all submittals required by this section prior to delivery to the Owner through the Designer. I. Contractor shall submit a final statement of accounting to the Owner. The statement shall reflect all adjustments including but not limited to: 1. Original contract sum. 2. Change orders noting such items as: a. Unit prices b. Cash allowances C. Deductions for uncorrected work d. Deductions for reinspection payments e. Other adjustments 3. Total adjusted contract sum. 4. Previous payments. 5. Remaining sum due. J. The Designer shall prepare a final change order reflecting approved adjustments not previously noted by change orders. 3.05 Final Application for Payment A. Contractor shall submit final application for payment in accordance with the specifications. B. Designer shall issue a final certificate in accordance with the specifications. END OF SECTION 17 -198 Project Closeout Procedures 017700.3 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants DIVISION 1 GENERAL REQUIREMENTS SECTION 017710 CLEANING PART1 GENERAL 1.01 Related Documents Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 Drawings and general provisions of the contract including General, Supplemental, and Special Conditions and other Division 1 specification sections apply to work of this section. 1.02 Description Cleaning shall be performed to maintain the building and site in a clean condition through out the duration of the project. The Contractor shall comply with all requirements for cleanliness described in other sections of these specifications. 1.03 The Contractor shall conduct daily inspections to ensure that the requirements for cleanliness are being met. PART2 PRODUCTS 2.01 Provide all required manpower, material and equipment to maintain the standard of cleanliness as defined by the Owner. 2.02 Use only those materials and equipment which are compatible with the surface being cleaned as recommended by the manufacturer or approved by the Designer. PART 3 EXECUTION 3.01 Progress Cleaning A. Stored items shall be kept in an orderly arrangement allowing maximum access and shall not impede drainage or traffic. B. Scrap, debris, waste material and other items shall not be allowed to accumulate on the roof. C. Provide storage containers for all items awaiting removal from the site. Storage containers shall be approved by the Owner. Beat -up, unkempt Containers will not be allowed. Containers must be covered while not in use. 3.02 Inspect all arrangements of materials stored on the project site on a weekly minimum basis and shall service all arrangements in accordance with the requirements of Paragraph 3.01.A of this section. 3.03 Final Cleaning A. Except as specifically provided otherwise, "clean" shall be interpreted to mean the level of cleanliness generally attainable by skilled cleaners using commercially available building maintenance equipment and materials. 17 -198 Cleaning 017710.1 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 B. All tools, equipment, materials, scrap, debris and waste shall be removed from the project site and a final progress cleaning conducted in accordance with this section. C. Unless otherwise directed by the Owner, the Contractor shall clean all adjacent areas on the site and completely remove all resultant debris. 3.04 Visually inspect all exterior surfaces and remove all traces of dirt, waste materials, smudges, splashed materials and other foreign matter. The Designer may require that light sandblasting or other cleaning be performed at no additional cost to the Owner. If such cleaning is required, Contractor shall take all necessary precautions to prevent damage to adjacent materials, property and vegetation. END OF SECTION 17 -198 Cleaning 017710.2 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 DIVISION 1 GENERAL REQUIREMENTS SECTION 017839 PROJECT RECORD DOCUMENTS PART1 GENERAL 1.01 Related Documents Drawings and general provisions of the contract including General, Supplemental, and Special Conditions and other Division 1 specification sections apply to work of this section. 1.02 Description Records shall be kept to maintain an accurate record of the project throughout its duration. Items to be noted include but are not necessarily limited to: A. Contract Documents B. Addendum C. Change Orders D. Field Orders and Instructions E. Construction Schedule F. Shop Drawings G. Product Samples H. Progress Reports 1.03 Quality Assurance A. Contractor shall delegate responsibility for maintenance of the record documents to one person on the Contractor's staff as approved by the Owner and Designer. B. All entries shall be made within 24 hours after receipt of information. 1.04 Submittals A. Secure Owner's and Designer's approval of the record documents as currently maintained prior to submitting each request for progress payment. B. Submit the final record documents to the Designer for approval prior to submitting a request for final payment. 1.05 Product Handling - Take all necessary precautions to protect record documents from deterioration, loss and damage until completion of the work and transfer of the recorded data to the final record documents. PART2 PRODUCTS Contractor shall provide one complete set of all contract documents. 17 -198 Project Record Documents 017839.1 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants PART 3 EXECUTION 3.01 Maintenance of Record Documents Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 A. Upon receipt of the record documents described in Paragraph 2.01 of this section, the Contractor shall identify each of the documents with the title "Project Record Documents ". B. Maintain record documents at the project site and make all documents available to the Owner and Designer during all working hours. 3.02 Review and Approval - Submit the completed total set of record documents to the Designer as described in Paragraph 1.04 of this section. Participate in review meeting(s) as required by the Owner and Designer. Make all required changes to the Record documents and promptly deliver the final project records to the Owner through the Designer. END OF SECTION 17 -198 Project Record Documents 017839.2 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants DIVISION 1 GENERAL REQUIREMENTS SECTION 017850 WARRANTIES PART1 GENERAL 1.01 Related Documents Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 Drawings and general provisions of the contract including General, Supplemental, and Special Conditions and other Division 1 specification sections apply to work of this section. 1.02 Related Sections A. Section 061000 — Rough Carpentry B. Section 073300 — Slate Roofing C. Section 076200 — Sheet Metal Flashing and Trim D. Section 079200 — Sealants & Caulking 1.03 Description of Work Provide Warranties to Owner with Close -Out documents for the sections noted in paragraph 1.02. 1.04 Upon completion of the work and prior to final payment, the Contractor shall submit the following items to the Designer: A. Copies of all punchlists to include materials' manufacturer's and Designer's punchlists, and documentation of completion. B. Manufacturer's report that the project has been inspected and is suitable for warranty. C. Manufacturer's special warranty to Owner. D. Contractor's warranty to Owner. 1.05 Submit all items required by this section as a part of Section 017839, Project Record Documents. 1.06 Install placards denoting roof and warranty information. Placards shall be provided by the Contractor. Placards to be permanently mounted at all locations of egress to the roof. 1.07 Warranties A. Comply with the General Conditions and Supplemental Conditions of the Contract concerning warranties and bonds. Contractor shall agree that the work covered under this contract shall remain free from any water penetration and physical defects caused by defective workmanship including installation for a period as noted below from the date of final acceptance by the Owner. 17 -198 Warranties 017850.1 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 B. Include in the base bid the cost of the following warranties: Contractor's 5 -year material and labor warranty for shingle roofing a. Roof systems from and including slate roofing, underlayment, and all related components and accessories for all new roof systems b. Sheet Metal Flashing C. Caulking and Sealants d. All other items included in the project but not necessarily referenced herein C. The warranties shall also state that the Owner has the right, at any time during the 5 -year Contractor's warranty period and the Manufacturer's warranty period, to make emergency repairs to protect the contents of the building or the building itself from damage due to leaking. The cost of emergency repairs made during the first five years of the warranty period shall be borne by the Contractor and action by the Owner shall not invalidate the warranty. D. Emergency repairs to defects and leaks shall be performed by the Contractor as soon as possible on receiving notice from the Owner. As soon as weather permits, permanent repairs and restoration of affected areas shall be accomplished in a manner in conformance with the original contract requirements. Permanent repair or replacement of the affected area(s) shall be made by the manufacturer within thirty days unless mutually extended by both parties. The work shall be done without additional cost to the Owner, except if it is determined that such leaks and defects were caused by abuse, lightning, hurricane, tornado, hail storm, or other unusual phenomena. E. The Contractor's warranty shall neither replace nor negate any agreement furnished by the manufacturer. The warranties shall not be negated or become void due to a transfer of ownership. The warranty shall state that: 1. When, within the warranty period, should the roofing system become non- watertight, split, tear, blister, or separate at the seams, or show any other evidence of excessive weathering because of defective materials or workmanship, the repair or replacement of defective materials and correction of defective workmanship shall be the responsibility of the manufacturer. 2. When the manufacturer or the manufacturer's approved applicator fails to perform repairs within 72 hours of notification, emergency repairs performed by others will not void the warranty. F. With regard to the repair of leaks under the terms of the manufacturer's No Dollar Limit warranty, the manufacturer shall replace insulation which has been damaged by leakage when that insulation contains detrimental amounts of moisture. G. In addition, should the roof system experience recurring leaks (more than two in a given section of the roof system) over a period of 12 consecutive months, the building Owner may request an inspection of that portion of the roofing system experiencing recurring leaks by the manufacturer or the Owner's designated representative. The contractor shall then follow the recommendations of the inspector as to appropriate resolution of the problem. 17 -198 Warranties 017850.2 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 H. Final payment will be made to the Contractor only after three signed and notarized copies of the warranties and guarantees have been submitted and the membrane manufacturer acknowledges that all bills are paid. All such documents shall show the project name, project number, and location and the Owner's name. I. All new materials and workmanship covering work provided under Section 076200 Sheet Metal Flashing and Trim shall be guaranteed in writing by the Contractor to be in a watertight condition for a period of five years after date of final payment. The effective date of all warranties shall be the same and shall be on the date of the last final inspection when the Owner, Designer, Contractor and Manufacturer agree that all work has been completed in substantial compliance with the plans and specifications. K. Contractor shall post 8 1/2" X 11" signs provided by the Owner on the building in locations as directed by the Owner identifying components of the roof system, the date of project final completion, the duration of the warranty and standard information and limitations of warranty provided. PART2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION 17 -198 Warranties 017850.3 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 FORM OF CONTRACTOR'S FIVE YEAR WARRANTY WARRANTY Know all men by these presents, that we, (Contractor) , having installed a new roofing system on selected slate sectors of the Orange County Skills Development Center, Chapel Hill, North Carolina under contract with Orange County, warrant to the Owner with respect to said work that for a period of five (5) years from date of final acceptance, said work will be free of leakage and defects due to workmanship and contractor negligence with the following exclusions: a) Defects or failures resulting from abuse by the Owner b) Defect in design involving failure of (1) structural frame, (2) load bearing walls, and (3) foundations. C) Damage caused by fire, tornado, hail, hurricane, acts of God, wars, vandalism, riots or civil commotion. We, (Contractor) , agree that should any leaks occur in the roofing system we will perform emergency repairs within 24 -hours of notification and perform permanent repairs as soon as weather permits in a manner to restore the roof to a watertight condition by methods compatible to the system and acceptable under industry standards and general practice, all at no expense to the Owner. We, (Contractor) , further agree that for a period of five (5) years from date of final acceptance referred to above, we will make repairs at no expense to the Owner to any defects which may develop in the work in a manner compatible to the system and acceptable under industry standards and general practice as established by the Designer, all at no expense to the Owner. IN WITNESS WHEREOF, we have caused this instrument to be duly executed this day of 201_. (Contractor) by Title (Pres, VP, Owner) STATE OF COUNTY. I, a notary public of said state and county do hereby certify that personally appeared before me this day and acknowledged the execution of the foregoing instruments. Witness by hand and official stamp or seal, this day of day of , My commission expires Notary Public DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants DIVISION 2 EXISTING CONDITIONS SECTION 024119 SELECTIVE DEMOLITION PART1 GENERAL 1.01 Related Documents Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 Drawings and general provisions of the contract including General, Supplemental and Special Conditions and other Division 1 Specification sections apply to work of this section. 1.02 Work Included A. Removal and disposal of existing slate roof system including all related flashings and accessories down to the substrate. B. Removal and disposal of sheet metal flashings to include edge metal, counterflashing, miscellaneous trim, etc. C. Removal and disposal of damaged or deteriorated deck. D. Removal and disposal of damaged or deteriorated wood blocking, nailers, trim, etc. 1.03 Related Work Specified Elsewhere A. Section 061000 — Rough Carpentry B. Section 073300 — Slate Roofing C. Section 076200 - Sheet Metal Flashing and Trim 1.04 Protection A. Limit size of work sections to safeguard adjacent materials, structures, etc. and to minimize dust, noise, and water damage. B. Protect existing site and facilities from damage during work. Do not overload existing paving, curbs, sidewalks, etc. with vehicle traffic. Do not overload new or existing construction with demolition debris, equipment, etc. C. Damage shall be repaired at Contractor's expense. D. Demolition adjacent to areas designated to remain shall be performed in a neat manner with straight lines to facilitate tie -ins of replacement materials. E. Demolition shall be performed by personnel familiar with the replacement of materials being removed. F. Excessive demolition, as determined by the Owner's representative, shall be replaced with similar and equal materials at the Contractor's expense in accordance with General Conditions of the Contract. 17 -198 Selective Demolition 024119 -1 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 G. Furnish necessary temporary protection from weather at all areas of demolition to protect interior of building from elements of weather at all times. Install specified roof system(s) and tie in to existing roof system as needed to make roof watertight daily. H. Maintain safety precautions during performance of the work. I. It is recommended that demolition not be performed if the chance of precipitation is 40 percent or more as reported by nearest office of the National Weather Service: daily weather log to be kept by Contractor. Contractor may, at its discretion, and in consultation with the Owner or its authorized representative, perform demolition when the chance of precipitation exceeds the noted percentage. The decision to perform demolition in no way relieves the Contractor from repair of materials, finishes, furnishings, surfaces, etc. which may become damaged resultant from precipitation. A severe weather plan must be provided to the Designer and Owner indicating procedures to be utilized in the event of severe or hazardous weather conditions. PART2 PRODUCTS 2.01 Materials A. Except where noted otherwise, materials being demolished become the property of the Contractor. B. Remove debris in such a manner as to prevent accumulation on the roof. Demolition debris shall be legally weighed and disposed or recycled by Contractor. Debris shall be removed from the roof daily. Debris shall be covered when Contractor is not on site. PART 3 EXECUTION 3.01 Demolition — Roof Systems A. Document actual quantities removed for any materials bid on a unit price basis and report to Designer. B. Remove and dispose of existing roof system to include slate, underlayment, and associated flashing down to the existing deck. C. Exercise caution to minimize potential damage to the existing deck or substrate. D. Should the deck or substrate become damaged, repair shall be made prior to installing new roof system. Notify the Owner or Designer of any deck repair or replacement. No reimbursement shall be made for any deck repair or replacement not confirmed by the Owner or Designer. Exercise caution to minimize potential damage to the existing deck or substrate or ceiling. E. Remove and dispose of all existing sheet metal edgings, gutter, downspouts, flashing, and lead flashing, etc. F. Remove and dispose of all existing damaged or deteriorated wood deck. 17 -198 Selective Demolition 024119 -2 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 G. Relocate and protect satellites, antennas, and security cameras to be reused. Temporarily relocated items must remain operational unless otherwise coordinated with the Owner's representative. Coordinate all movement with the Owner or Owner's Representative. 3.02 Deck A. Inspect deck for damage detrimental to the new roof system. Repair as needed prior to installation of new roof system. Verify areas deemed in need of repair with Designer prior to proceeding with work. B. Remove and dispose of damaged or deteriorated deck. Exercise caution so as not to damage supporting structural units. C. Should structural units be damaged, notify Owner and Designer for resolution prior to installing new deck. D. All repaired or replaced deck shall be verified by the Owner's Representative. E. Repair or replace deck in accordance with Section 061000, Rough Carpentry. 3.03 Deck Opening Repair A. Remove and replace decking for penetrations identified to be removed. Openings 24 inches in diameter or square or less shall be covered with 18 gauge galvanized sheet metal plate. Plate shall extend a minimum of 8 inches beyond the perimeters of the opening and shall be secured with fasteners, minimum 2 per side. B. Openings larger than noted in 3.03.A shall be structurally framed in with supporting steel and closed in with deck of same thickness to match existing. New deck shall be secured as described in Section 053100, Steel Deck. END OF SECTION 17 -198 Selective Demolition 024119 -3 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 DIVISION 6 WOOD, PLASTICS AND COMPOSITES SECTION 061000 ROUGH CARPENTRY PART1 GENERAL 1.01 Related Documents Drawings and general provisions of the contract including General, Supplemental and Special Conditions, and other Division 1 specification sections apply to work of this section. 1.02 Work Included A. Repair of damaged or deterioraed wood deck B. Replacement of damaged or deteriorated wood nailers and blocking. 1.03 Related Work A. Section 024119 — Selective Demolition B. Section 073300 — Slate Roofing C. Section 076200 — Sheet Metal Flashing and Trim 1.04 Environmental Conditions Material installation shall proceed only when weather conditions are in compliance with the manufacturer's recommendations for installation and no precipitation is imminent. Materials installed during adverse weather conditions shall be subject to rejection including removal and replacement. 1.05 Quality Assurance A. Provide sufficient qualified workmen and supervisors who shall be present at all times during execution of this portion of the work and who shall be familiar with the type of construction involved and the materials and techniques specified. B. The Owner shall make no allowance for lack of skill of the workmen. 1.06 Submittals A. Product Data: For each type of process and factory- fabricated product. Indicate component materials and dimensions and include construction and application details. B. Structural Composite Lumber: Submit manufacturer's published structural data including span tables, marked to indicate which sizes and grades are being used; if structural composite lumber is being substituted for dimension lumber or timbers, submit grading agency structural tables marked for comparison. C. Include data for wood - preservative treatment from chemical treatment manufacturer and certification by treating plant that treated materials comply with requirements. Indicate type of preservative used and net amount of preservative retained. 17 -198 Rough Carpentry 061000 -1 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 D. For products receiving a waterborne treatment, include statement that moisture content of treated materials was reduced to levels specified before shipment to Project site. E. Include copies of warranties from chemical treatment manufacturers for each type of treatment. F. Fastener Patterns: Full -size templates for fasteners in exposed framing. 1.07 Delivery, Storage and Handling A. Cover wood products to protect against moisture. Support stacked products to prevent deformation and to allow air circulation. B. Stack lumber flat with spacers between each bundle to provide air circulation. Provide for air circulation around stacks and under coverings. PART2 PRODUCTS 2.01 General A. Dimension Lumber: Comply with PS 20 and requirements of specified grading agencies. 1. If no species is specified, provide any species graded by the agency specified; if no grading agency is specified, provide lumber graded by any grading agency meeting the specified requirements. 2. Grading Agency: Any grading agency whose rules are approved by the Board of Review, American Lumber Standard Committee and who provides grading service for the species and grade specified; provide lumber stamped with grade mark unless otherwise indicated. B. Lumber fabricated from old growth timber is not permitted. C. Provide wood harvested within a 500 mile radius of the project site. D. Lumber salvaged from deconstruction or demolition of existing buildings or structures is permitted in lieu of sustainably harvested lumber provided it is clean, denailed, and free of paint and finish materials, and other contamination. E. Lumber fabricated from recovered timber (abandoned in transit) is permitted in lieu of sustainably harvested lumber, unless otherwise noted, provided it meets the specified requirements for new lumber and is free of contamination. 2.01 Materials A. Treated Wood: Shall be No. 2 or better southern yellow pine, kiln -dried to a moisture content of not more than 15 percent. Shall be sound, thoroughly seasoned, dressed to nominal finish dimension, and free of warpage, cupping, and bowing. All nailers and other blocking associated with the roofing installation shall be pressure treated with 0.40 pcf 17 -198 Rough Carpentry 061000 -2 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 retention of alkaline copper quaternary (ACQ -C) and shall conform to AWPA Standard C -2 for ground contact. Asphaltic or creosote preservatives shall not be used. The presence of AWPA quality mark LP -22 on each piece is required. Where full penetration of ACQ is not evident, field cuts shall be coated in accordance with AWPA standard M-4. Dimensions shall be determined by job conditions. Site -sawn ends shall be treated with one coat of preservative treatment. B. Plywood: Shall be structural 1 rated, pressure - treated in accordance with AWPA C9 with .40 pcf retention of alkaline copper quaternary (ACQ -C) as required for ground contact. Plywood shall be stamped APA RATED SHEATHING grade C -C or better, and shall be manufactured with exterior glue (exposure 1). Plywood shall be dried after treatment to a moisture content of 18 percent or less. Plywood shall be 5/8 inch in thickness, or as otherwise noted. 2.02 Accessories A. Nails shall be ring shank 16- penny, cement coated (untreated wood); use ring shank stainless steel nails for treated wood locations. B. Fasteners (Screws) shall be stainless steel and meet ASTM A153; connectors shall meet ASTM A653 Class G 185. C. Bolts shall be stainless steel meeting ASTM Al 53. D. Masonry anchors shall be 1/4 inch expanding anchor -type having stainless steel nail or approved equal; length shall be as required to provide a minimum of 1 -1/2 inch embedment in masonry. Plastic or nylon anchors shall not be allowed. E. Concrete anchors shall be a one - piece, pre- expanded 1/4 inch diameter, flat head anchor, corrosion protected with zinc with yellow dichromate and shall be made of high grade tempered steel having a shear strength greater than grade 8 steel and have a tensile strength of not less than 2050 psi. PART EXECUTION 3.01 Inspection A. Verify that existing construction is sound and dry so as to adequately support new components. B. Verify that damaged or deteriorated portions of existing wood nailers and blocking have been removed. Damaged or deteriorated materials shall be removed in full, continuous lengths. C. Verify that surfaces of masonry walls are sound, firmly anchored, and smooth. Provide new masonry units as required. D. Document the actual quantities of materials installed in progress reports to Designer. 17 -198 Rough Carpentry 061000 -3 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants 3.02 Installation — General Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 A. Remove damaged, deformed, or deteriorated materials and replace with new materials. Notify Owner and Designer of any replacement. Wood requiring replacement shall be verified by the Owner or Designer. Claims for additional cost shall be denied without verification. B. Set rough carpentry to required levels and lines, with members plumb, true to line, cut, and fitted. Fit rough carpentry to other construction; scribe and cope as needed for accurate fit. Locate nailers and blocking to comply with requirements for attaching other construction. C. Anchor wood securely to underlying construction. Perimeter nailers shall be anchored in accordance with FM Loss Prevention Data Sheet 1 -49. D. Wood shall be secured with a minimum of two fasteners per piece. Fasteners shall be positioned 6 inches from each end and a maximum of 2 feet o.c and staggered 1/3 of the nailer width. Two fasteners shall be installed at ends of nailer lengths. E. Anchors shall be countersunk to provide a flush finish. 3.03 Installation — Deck A. Thoroughly examine all existing decking and secure as necessary. Deck planks that are warped shall be drawn smooth and properly secured. Joints greater than 1/4" in width shall be covered with 24 gauge galvanized sheet metal. Width of sheet metal shall be sufficient to extend beyond crack boundaries a minimum of three inches. B. Damaged or deteriorated deck shall be removed in accordance with Section 024119, Selective Demolition. Deck shall be removed in sufficient quantity to allow new materials to bear firmly on rafters /joists or supporting structural members. Existing materials shall be removed to allow ends of replacement deck to rest on two adjacent rafters /joists. C. Replacement deck shall be secured to rafters /joists with appropriate fasteners. Allow 1/8" space between individual boards. 3.03 Installation — Plywood A. Plywood shall be installed where indicated on the drawings. Plywood shall be secured with a minimum of two fasteners or one fastener every two square feet whichever is greater. Fasteners shall be located 2 inches from the top and bottom edges. B. Top of plywood shall be beveled at 45 degrees. END OF SECTION 17 -198 Rough Carpentry 061000 -4 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 DIVISION 7 THERMAL AND MOISTURE PROTECTION SECTION 073300 SLATE ROOFING PART1 GENERAL 1.01 Related Documents Drawings and general provisions of the contract including General, Supplemental and Special Conditions and other Division 1 specification sections apply to work of this section. 1.02 Work Included A. Installation of self - adhering membrane underlayment over existing deck. B. Installation of eave and ice dam protection. C. Installation of self - adhering membrane at selected locations including but not necessarily limited to hips, ridges, valleys, rakes, perimeters, and projections. D. Installation of copper step flashing at sloped intersections of slate roofs and walls. E. Installation of new slate roofing. F. Installation of snow and ice guards at selected locations. 1.03 Related Work A. Section 024119 — Selective Demolition B. Section 076200 — Sheet Metal Flashing and Trim 1.04 Submittals Submittals shall be in accordance with this specification. A. Submit the following as a minimum: 1. Three (3) full size samples of slate. 2. Three (3) samples of each gauge of nail to be used for each detail. 3. Three (3) samples of each proposed snow guard. 4. Manufacturer's data sheet for all materials. 5. Descriptive list of all materials proposed for use. B. Submit shop drawings including but not necessarily limited to: 1. Roof assembly including underlayment. 2. Slate installation at intersection with chimneys. 3. Slate installation at intersection at valleys and eaves. 4. Slate installation at gutters. 17 -198 Slate Roofing 073300.1 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants 1.05 Environmental Conditions Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 Material installation shall proceed only when weather conditions are in compliance with manufacturer's recommendations for installation, and no precipitation is eminent. Materials installed during adverse weather conditions shall be subject to rejection including removal and replacement. 1.06 Quality Assurance A. Provide sufficient qualified workmen and supervisors who shall be present at all times during execution of this portion of the work, and who shall be familiar with the type of construction involved and the materials and techniques specified. B. Contractor shall have a minimum of 10 years' experience in successfully installing slate roofing. Submit list of completed projects; include names, addresses, phone numbers; include names of key personnel and their experience who will work on this specific project. PART2 PRODUCTS 2.01 Materials A. Slate: Shall be standard slate, 9 "X16 "X1 /4" in size, or as required to match existing. Slate shall be hard, dense, sound rock conforming to the requirements of ASTM C- 406 -89 Grade 1. Slate shall be machine punched for two nails each. Corners shall be square cut. Color shall match existing. Slate shall be manufactured by Evergreen Slate Co., Inc., 68 Potter Ave., Granville, NY 12832; Buckingham- Virginia Slate Corp., Arvonia, VA, North Country Slate, Scarborough, Ontario, Canada, or approved equal. Delivery shall be within four (4) weeks of ordering. B. Underlayment: Shall be a self - adhering membrane composed of a rubberized asphalt laminated to a polyethylene film. Total membrane thickness shall be 40 Mils minimum. Materials shall be similar to Ice and Water Shield by W.R. Grace, Cambridge, Massachusetts; Polyguard Deck Guard by Polyguard Products, Inc., Ennis, Texas; or Royston Ice Guard 108AGN by Royston, Pittsburgh, Pennsylvania or approved equal. C. Eave and Ice Dam Protection: Shall be a self - adhering membrane composed of a rubberized asphalt laminated to a polyethylene film. Total membrane thickness shall be 40 Mils minimum. Materials shall be similar to Ice and Water Shield by W.R. Grace, Cambridge, Massachusetts; Polyguard Deck Guard by Polyguard Products, Inc., Ennis, Texas; or Royston Ice Guard 108AGN by Royston, Pittsburgh, Pennsylvania or approved equal. D. Fasteners: For slate: shall be large -head solid 12 gauge copper slating nails. Fasteners for slates 18 inches or less in length shall be 1 1/4 inch in length minimum; use 1 1/2 inch long fasteners for slates longer than 20 inches; hips and ridges shall be secured with 2 inch long fasteners. 2. For underlayment materials: shall be roofing nails; 1 -1/2 inches long. 17 -198 Slate Roofing 073300.2 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 E. Flashing Cement: Shall be waterproof elastic slaters' cement colored as closely as possible to match slate color. F. Snow Guards: Shall be formed from 20 ounce copper and designed for securement directly to the deck, 2 fasteners minimum. Snow guard shall be "pad style ", minimum 2 inches in width. PART 3 EXECUTION 3.01 Inspection A. Verify that the existing deck is sound, smooth, properly secured, free of depressions and voids, properly sloped and dry. B. Prior to installing slate, verify that underlayment is unbroken, tight, free of holes and tears, and secured. 3.02 Installation - General A. Slate installation work shall be in accordance with the National Roofmg Contractors Association (NRCA) Steep Roofing Manual, 2017 Edition, and the National Slate Association. B. All existing slate shall be removed and carefully stored for reinstallation. Exercise caution when removing existing slate so as to minimize potential damage to the substrate. C. Existing slate scheduled to be reinstalled shall be sounded for deficiencies prior to reinstallation. Individual slate shall be held in suspended fashion between thumb and forefinger and struck with a slating hammer or the knuckles of the hand. Slate emitting a clear, solid, bell -like sound shall be deemed acceptable for reuse. Slate emitting a dull thud shall be disposed of and not reused. 3.03 Self- Adhering Membrane A. Install one layer of self - adhering membrane at all valleys, hips, and ridges. Membrane shall be installed directly to the deck. B. Membrane shall be centered over the hip, ridge or valley and extend the full length of each. C. Eave and ice dam protection shall be installed at all eaves. D. Starting from the eave edge, install one ply of self - adhering membrane. Membrane shall be installed in shingle fashion extending from the eave edge to a point 24 inches beyond the interior face of the exterior walls. E. Self- adhering membrane shall be installed at all projections and penetrations. Self- adhering membrane shall extend a minimum of 4 inches vertically and onto the plane of the roof a minimum of 8 inches. 17 -198 Slate Roofing 073300.3 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants 3.04 Underlayment Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 A. Install one ply of self - adhering membrane over the existing deck. Membrane shall be installed perpendicular to the roof slope in shingle fashion in horizontal layers with joints lapped toward eaves. B. Install metal edge flashing after installing membrane underlayment. Flange of metal edge flashing shall be set in full bed of roof flashing cement. Secure edge flashing with nails at 4 inches o.c. C. Underlayment shall lap over valley metal 2 inches. 3.05 Slate A. After installation of new underlayment reinstall existing slate. Slate shall project 1 inch at eaves and shall be laid in horizontal courses with 3 inch headlap. B. Each course shall break joints with the preceding one a minimum of 3 inches. Overlapping slate shall be jointed as near the center of the underlying slate as possible and not less than 3 inches from any underlying joint. Vertical surfaces shall be laid with a 1 inch headlap. C. Slates at eaves or cornice line shall be canted 1/4 inch with copper sheet metal as shown on the detail drawings. D. Slate shall be secured to the deck with two nails per piece. Nails shall not be driven in so far as to exert strain on the slate nor shall the nail be underdriven resulting in bridging of the overlying slate; the nail head shall just touch the slate with sufficient clearance to allow the slate to hang on the nail. E. Nails shall not be positioned directly on top of deck joints. F. Exposed nail heads shall not be allowed except where unavoidable in top courses. Cover all exposed nail heads with flashing cement. G. Hip and ridge slates shall be laid in a heavy bed of flashing cement applied over unexposed surface of under courses of slate. Nail slates securely in place and point with flashing cement. H. All hips shall be laid to form "saddle" hips with metal underneath. Ridges shall be laid to form "saddle" ridges. Nails for the combing of slate shall pass through the joints of slate below. I. Install 20 oz copper flashing as part of hip and ridge construction. Slate shall be neatly fit around pipes, projections, ventilators, etc. K. Slates which overlap sheet metal work shall have nails positioned so as to avoid puncturing the sheet metal. Use copper wire, as needed, to aid in securement of slate. 17 -198 Slate Roofing 073300.4 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 L. Install copper step flashing, valleys, and trim flashing in conjunction with slate roofing. M. Nail holes that must be field punched shall be punched from the back of the slate so as to provide proper countersinking of the fastener. N. All slate shall be cut from the back side so as to produce the proper orientation of the beveled edge. 3.06 Valleys A. At valleys, slate shall be installed to result in open valleys. The width of the valley shall taper from top to bottom at the rate of 1/2 inch in 10 feet (1/4 inch in 10 feet on each side of valley). B. Width of the valley at the top shall be 2 inches minimum. Slate shall overlap metal valley a minimum of 6 inches. 3.07 Repair A. Upon completion, all slate shall be sound, whole, clean, and the roof left in every respect tight. B. No slate with a broken corner larger than 2 inches by 2 inches shall remain in the finished roof. Repairs shall be performed using the "Bib" method ( "Slate Hook" method may be substituted). END OF SECTION 17 -198 Slate Roofing 073300.5 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants DIVISION 7 THERMAL AND MOISTURE PROTECTION SECTION 076200 SHEET METAL FLASHING AND TRIM PART1 GENERAL 1.01 Related Documents Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 Drawings and general provisions of the contract including General, Supplemental and Special Conditions, and other Division 1 specification sections apply to work of this section. 1.02 Work Included Installation of new gutter, metal edging, counterflashing, step flashing, and miscellaneous trim. 1.03 Related Work A. Section 061000 - Rough Carpentry B. Section 073300 — Slate Roofing C. Section 079200 - Sealants and Caulking 1.04 Quality Assurance A. Qualifications of Manufacturer: Products used in the work of this section shall be produced by manufacturers regularly engaged in the manufacture of similar items and with a history of successful production acceptable to the Owner. B. Qualifications of Contractor: Use adequate number of skilled workmen who are thoroughly trained and experienced in the necessary crafts and are completely familiar with the specified requirements and the methods needed for the proper performance of the work in this section. C. In acceptance or rejection of the work of this section, the Owner shall make no allowance for lack of skill on the part of the workmen. 1.05 Shop Drawings A. Submit shop drawings in accordance with this specification. Shop drawings shall be scaled to clearly indicate all profiles and components. Minimum scale: 3" = 1 foot. B. Indicate material profile, jointing pattern, jointing details, fastening methods, termination details, and type and gauge of metal. C. Indicate locations of field applied sealant. 1.06 Submittals A. Submit samples in accordance with this specification. 17 -198 Sheet Metal Flashing and Trim 076200 -1 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 B. Submit a 12 -inch length of each sheet metal configuration prior to fabrication. C. Verify existing field conditions. Minor dimensional detail changes may be required to fit existing conditions. 1.07 Storage and Handling A. Store materials dry and in such manner as to prevent condensation. B. Stack material to prevent twisting, bending, or abrasion. C. During storage prevent material contact with any substance that would discolor or stain, including soil and water. 1.08 Scheduling A. Sheet metal work shall be closely coordinated with the installation of new roofing materials. B. Sheet metal shall be installed such that roofing terminations will not be left unprotected. 1.09 Warranty All sheet metal flashing and accessories shall be guaranteed against defects in materials and workmanship for a period of five years. Sheet metal shall be covered in the roofing warranty. PART2 PRODUCTS 2.01 Sheet Metal Materials A. Copper: Shall be manufactured per ASTM B 370, cold rolled temper designation H00, weighing not less than 16 ounces per square foot unless otherwise noted; cleats shall be 20 ounces per square foot. Copper shall be commercial pure alloy 110. Copper shall be supplied in the natural "salmon reddish brown" color as supplied by the mill. Copper surface shall be free of all water staining and weathering oxides. The following sheet metal items shall be fabricated from copper: 1. Gutter 20 oz copper 2. Edge Trim 16 oz copper 3. Counterflashing:: 16 oz copper 4. Miscellaneous trim: 16,oz copper 5. Downspout 16 Oz copper 6. Step flashing 16 oz copper 7. Cleats 20 oz copper 8. Apron 24 oz copper B. Stainless Steel Metal: Shall be type 316 stainless steel, 24GA cold rolled, annealed, with a 2B finish, and conforming to the requirements of ASTM A480 and Federal Specification QQ- S -766C. 17 -198 Sheet Metal Flashing and Trim 076200 -2 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants 2.02 Accessory Materials Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 A. Lead: 3 -lb per square foot conforming to the requirements of ASTM 1329 -55. Color shall be natural gray. B. Clamps: Shall be stainless steel, Type 316 C. Fasteners: Shall be type and size as required by construction. Shall meet ASTM A153; connectors shall meet ASTM A653 Class G185 1 For concealed fastening into wood, use stainless steel, ring -shank nails 1 3/4 inches by 11 gauge. 2 For exposed fastening into wood, use stainless steel screws with integral neoprene washers. 3 For fastening into concrete, use masonry /concrete anchors with neoprene washers. Use all metal stainless steel anchors only, no plastic or nylon anchors allowed. D. Pop Rivets: Shall be 1/8 inch to 3/16 inch diameter with solid copper mandrels and washers. E. Solder: Shall be 50/50 tin -lead alloy and conforming to ASTM 1332. Use 60/40 tin lead alloy with lead coated copper. F. Flux: Shall be non -acid, non - corrosive specifically designed for use with 50150 solder. G. Screws: Shall be 300 series stainless steel self - drilling, self - tapping, No. 10 pan head minimum 1 1/4 inches long, with neoprene washers. H. Sealant: Shall be as specified in Section 079200, Sealants and Caulking. I. Paper gutter liner: Shall be rosin paper. 2.03 Fabrication A. In addition to complying with all pertinent codes and regulations, comply with all pertinent recommendations as noted in the "Architectural Sheet Metal Manual ", 7th edition, 2012, as published by the Sheet Metal and Air Conditioning Contractors National Association, Inc. (SMACNA). B. Fabricate and install sheet metal sections in 10 -foot lengths except where shorter lengths are required by construction. C. Flanges of metal flashing to be incorporated into the roof system shall be a minimum of four inches in width. Provide pre - drilled holes at three inches o.c. staggered for insertion of nails. Holes shall be located one inch from the leading edge of the flange; second row to be one inch from the first. 17 -198 Sheet Metal Flashing and Trim 076200 -3 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 D. Form sections square, true, and accurate to size, free from distortion, sharp edges, and other defects detrimental to appearance or performance. Shop fabricate sheet metal sections to the maximum extent possible. E. Junctures, intersections, corners and unions of sheet metal shall be fabricated from one piece with minimum 18 -inch legs; legs shall not be longer than 24 inches. Seam corners for rigidity, seal with sealant. F. Fabricate vertical faces with bottom edge formed outward 5/8 inch and hemmed to form drip. G. At all locations where new sheet metal sections abut walls, copings, or terminate, the sheet metal flashings shall terminate with end sections of one -piece construction to provide watertight seams. Seams shall be sealed; seams of copper or stainless steel shall be soldered. H. Sheet metal flashings shall be fabricated and installed to allow for expansion and contraction of the component materials without buckling, hole elongation, fastener failure, or excess stress loading situations developing at any time during the temperature cycle. Clips shall be designed and installed to resist rotation and to avoid shear stress when roofing materials expand and contract. Flashing shall not be installed across expansion joints. PART 3 EXECUTION 3.01 Inspection A. Inspect nailer areas to verify that they are clean, smooth, and free of depressions, waves, or projections and solidly supported over joints. B. Verify that roof openings, pipes, sleeves or vents through roof are solidly set. C. Verify compatibility of flashing system with other system materials. D. Verify installation of all appropriate baseflashings prior to installation of sheet metal. E. Verify existing field conditions. Minor dimensional detail changes may be required to fit existing conditions. 3.02 Installation- General A. Dissimilar metals shall be kept separated to prevent galvanic action. Preventive measures shall include separation by suitable bituminous paint. B. Where bituminous materials are to be applied to sheet metal, the flanges shall first be primed with an asphaltic primer. The primer shall be interrupted where caulking is to be applied. C. All metal flanges shall be installed on top of membrane and set in a full bed of sealant. D. Flanges of edge metal shall terminate 1/2 inch from roof -side edge of nailer. 17 -198 Sheet Metal Flashing and Trim 076200 -4 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 E. All exposed edges of sheet metal shall be folded back, or "hemmed ", on concealed surfaces. F. Finish all sheet metal watertight and weathertight. G. Where lap seams do not have a joint cover, lap according to pitch, but in no case less than three inches. Make all lap seams in the direction of water flow. 3.03 Gutter and Downspout A. Form built -in gutter of 20 oz copper to match profile of substrate. Line gutter substrate with self - adhering rubberized asphalt membrane prior to installing new gutter. B. Gutter ends shall be joined together by 3/4 inch wide locked and soldered cross seams. C. At areas of built -in gutter and elsewhere where field soldering is to be performed, install one ply of No. 30 felt, 8 inches wide, centered under area to be soldered. All joints shall be soldered. D. Top back edge of gutter shall terminate at roof edge in 1 inch loose lock seam. Separate apron strip shall be hooked over top rear folded edge of gutter to form 1 inch loose lock seam bent flat against back of gutter. Apron flashing shall extend up roof under slate not less than 7 inches with upper edge folded 1/2 inch and secured with cleats spaced 24 inches o.c. Adjacent lengths of apron flashing shall be lapped 4 inches. E. Outer edge of gutter shall extend over cornice and be folded 1 inch over continuous cleat. Cleat shall be secured to cornice with fasteners at 12 inches o.c. F. Where ends of gutter abut masonry wall provide 1 inch space between gutter end and wall. Install cover strip over end and extend under counter flashing. L -type water diversion baffle shall be soldered across top of cover strip on line with center of gutter. G. Outlet tubes shall be formed with locked and soldered longitudinal seam. Upper end of tube shall be flanged % inch and soldered to gutter. Tube shall extend into downspout a minimum of 3 inches. H. Downspouts shall be fabricated from 16 oz copper. Downspout shall be round in shape, diameter to match existing. I. Downspouts shall be secured to gutter outlet tubes with pop rivets and solder. Downspouts shall be secured to exterior walls with 1 inch wide copper straps. Straps shall be positioned 18 inches below cornice, 12 inches above discharge, and 10 feet o.c. Extend downspout into cast -iron boots. Provide slip joint, 18 inches in length, where downspout extends into boot to allow access into boot. Boots shall extend into underground hubs connecting to subsurface drainage system. 3.04 Valleys A. Fabricate and install metal valleys in conjunction with roofing work. Installation of valley and slate shall result in open style configuration. Valley shall be fabricated in maximum lengths of 10 feet and not less than 3 feet. 17 -198 Sheet Metal Flashing and Trim 076200 -5 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 B. Valleys shall be of "W" configuration and shall be of sufficient width to extend a minimum of 6 inches under slate. Side edges shall be folded 1/2 inch for cleating. C. Upper end of each sheet shall be nailed to the deck with copper nails spaced 3 inches o.c. Side edges shall be secured with 24 oz copper cleats spaced at 18 inches o.c. D. Open portion of valley shall be exposed 2 inches either side from the center of the valley at the top and increase in width 1/8 inch per foot toward eaves. E. Valley sections shall lap a minimum of 8 inches in the direction of water flow. End laps of valley metal sections shall not be soldered. 3.05 Step Flashing A. Install step flashing at vertical walls and interfaces with slate roof systems. B. Step flashing shall be fabricated from 16 ounce copper. Step flashing shall be L- shaped with horizontal leg 3 inches in length; vertical leg shall be of sufficient length to extend under counterflashing a minimum of 4 inches at the upslope side of the step flashing. Width of step flashing shall match that of the slate. C. Install step flashing in conjunction with slate installation. 3.06 Edge Metal and Trim A. Form edge metal to profile indicated. Secure flange of edge metal to appropriate blocking, nailers, or substrate per paragraph 2.03.C. B. Allow a 1/4 inch gap between edge metal sections. Provide six inch wide backup plate centered at each joint. Plate shall be formed to profile of the edge metal. Set metal and set in a 1/8 inch thick bed of sealant. 3.07 Clean -up A. Clean and neutralize all flux materials. B. All excess solder, asphalt, and sealant shall be cleaned from the surface. C. All handprints, smudges and other superficial stains that were placed on the sheet metal during fabrication and installation shall be removed. END OF SECTION 17 -198 Sheet Metal Flashing and Trim 076200 -6 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 DIVISION 7 THERMAL AND MOISTURE PROTECTION SECTION 079200 SEALANTS AND CAULKING PART1 GENERAL 1.01 Related Documents Drawings and general provisions of the contract including General, Supplemental and Special Conditions, and other Division 1 specification sections apply to work of this section. 1.02 Work Included Throughout the work, caulk and seal all joints including joints behind the new membrane as required to provide a positive barrier against passage of air and passage of moisture. 1.03 Related Work Section 076200 — Sheet Metal Flashing and Trim 1.04 Quality Assurance A Qualifications of manufacturer: Products used in this work shall be produced by Manufacturers regularly engaged in the manufacture of similar items and with a history of successful production acceptable to the Designer. B Sealant Contractor shall be an approved applicator by the sealant manufacturer. Sealant Contractor shall provide written certification from the manufacturer of such prior to beginning work. C In acceptance or rejection of the work of this section, the Owner will make no allowance for lack of skill on the part of the workmen. 1.05 Product Handling A. Deliver materials to the job site in original, unopened containers. Materials are to be stored in a protected area between 40 to 80 degrees Fahrenheit. B. Do not retain on the job site any material which has exceeded the shelf life recommended by its manufacturer. C. Protect all surfaces from staining or damage. All damaged work shall be repaired or replaced as directed by the Designer and at no additional cost to the Owner. 1.06 Job Conditions Do not apply caulking or sealants when the surface temperature is below 40 degrees Fahrenheit or above 125 degrees Fahrenheit. Do not apply materials when surface is damp or during cold, rainy, or frosty weather. 17 -198 Sealants and Caulking 079200 -1 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants PART 2 PRODUCTS 2.01 Sealants Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 A. General: except as specifically directed otherwise by the Designer, use only the type of sealants described in the section. B. Sealant: Shall be low modulus, non - staining one -part urethane and of gun -grade consistency. Sealant shall be easily workable and shall be capable of producing a smooth attractive finish. For joints in vertical surfaces, provide ASTM C920, Type S or M, Grade NS, Class 25, Use NT. For joints in horizontal surfaces, provide ASTM C920, Type S or M, Grade P, Class 25, Use T. Color shall be approved by Owner. C. Sealant shall be Dynatrol I, by Pecora Corporation; Sonolastic NP -1, by Sonneborn; Sikaflex 201, by Sika Corporation, or approved equal. 2.02 Back -up Materials A. General: Use only those back -up materials which are specifically recommended for this installation by the manufacturer of the sealant used, and which are non - absorbent and non - staining. Closed -cell back -up materials must be 1/8 inch larger in diameter than the width of the joint; soft back -up materials must be 25% larger in diameter than the width of the joint. B. Acceptable types include closed -cell, resilient urethane or polyvinylchloride foam; closed -cell, polyethylene foam; closed -cell sponge of vinyl or rubber, or approved equal. C. Fire Rated Walls: Mineral wool or Ultra -Block as manufactured by Pecora. The wall shall have a minimum two hour rating. 2.03 Cleaner: Shall be xylol, toluene, or commercial solvent recommended by the sealant manufacturer. 2.04 Primer: Shall be as supplied by sealant manufacturer. 2.05 Miscellaneous Materials: All other materials not specifically described but required for complete and proper caulking and installation of sealants shall be first quality of their respective kinds, new, and as selected by the Contractor subject to the approval of the Owner. PART 3 EXECUTION 3.01 Examination A. Examine all areas and conditions under which work of this section will be performed. B. Correct conditions detrimental to the proper and timely completion of the work. Do not proceed until unsatisfactory conditions have been corrected. 3.02 Preparation A. Do not add liquids, solvents, or powders to the sealant. Mix multi- component elastomeric sealants in accordance with manufacturer's instructions. 17 -198 Sealants and Caulking 079200 -2 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 B. Thoroughly remove all materials from existing joint. Resulting joint shall be thoroughly cleaned, without residue, and properly prepared to receive new materials. Use mechanical means for cleaning if necessary being careful not to cause undue damage to surrounding surfaces. C. All surfaces in contact with sealant shall be dry, sound, and well brushed and wiped free from dust. D. Where back -up material is required, insert the approved backer -rod or bond - breaker tape in the joint cavity to the required depth. E. Prior to proceeding with the work, prepare and install one complete joint to be used as a standard for the remainder of the project. Joint shall be reviewed and accepted by the Designer prior to proceeding. 3.03 Installation of Back -Up Material A. Use only the back -up material recommended by the manufacturer of the sealant and approved by the owner for the particular installation, compressing the back -up material 25 to 50 percent to secure a positive and secure fit. When using back -up of tube or rod stock, avoid lengthwise stretching of the material. Do not twist or braid hose or rod back- up stock. B. Install backstops dry and free of tears or holes. Tightly pack the back or bottom of joint cavities with backstop material to provide a joint of the depth specified. 3.04 Primer A. Immediately prior to application of the sealant, clean out loose particles from joints. B. Where recommended by sealant manufacturer, apply primer to joints in accordance with sealant manufacturer's instructions. Do not apply primer to exposed finish surfaces. C. Apply primer in a thin, uniform film. Avoid build -up of film. D. Allow approximately 15 to 120 minutes drying time prior to applying sealant. Sealant must be applied same day as primer. E. Do not prime or puncture backer -rod. Do not apply primer to exposed finish surfaces. 3.05 Bond Breaker A. Provide bond breakers to the back or bottom of joint cavities, as recommended by the sealant manufacturer for each type of joint and sealant used, to prevent sealant from adhering to these surfaces. B. Carefully apply the bond breaker to avoid contamination of adjoining surfaces or breaking bond with surfaces other than those covered by the bond breaker. 17 -198 Sealants and Caulking 079200 -3 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 3.06 Joint Design A. Joint depth shall never be greater than width. 1. If joint width is 1/4 inch to 1/2 inch wide, sealant depth at midpoint shall be 1/4 inch. 2. If joint width is 1/2 inch to 1 inch wide, sealant depth at midpoint shall be 3/8 inch to 1/2 inch. 3. If joint width is 1 inch to 2 inches wide, sealant depth at midpoint shall be 1/2 inch. B. In deep joints, the sealant depth shall be controlled by the use of back -up materials to maintain the recommended depth. C. Where depth of joint does not permit the use of back -up material then a bond breaker strip must be installed to prevent three -point bonding. 3.07 Installation of Sealants A. General: Prior to the start of installation in each joint, verify the joint type according to the details in the drawings and verify that the required proportion of width of joint to depth of joint has been secured. B. Equipment: Apply sealant under pressure with hand or power - actuated gun or other appropriate means. Guns shall have nozzle of proper size and shall provide sufficient pressure to completely fill joints as designed. C. Masking: Thoroughly and completely mask all joints where the appearance of sealant on adjacent surfaces would be objectionable. D. Installation of sealant: Install the sealant in strict accordance with the manufacturer's recommendations as approved by the Designer, thoroughly filling all joints to the recommended depth. E. Air voids shall not be present throughout the entire joint cross section. To ensure complete joint fill, tooling shall be performed within ten minutes of sealant application. F. Tool all joints to the profile shown on the details in the drawings. Tooling shall be done immediately after sealant application. G. Sealant shall be tooled with light pressure to spread the material against the back -up material and the joint surface. Tooling shall be performed with a concave profile tool to keep the sealant within the joint. H. Sealant shall be dry tooled unless specifically approved otherwise by the manufacturer and the Designer. If the sealant manufacturer approves, the tool may be dampened with a sealant manufacturer approved reducer. Water or soapy water shall not be used on the tool; do not over tool. 17 -198 Sealants and Caulking 079200-4 DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 5thWall Building Diagnostics Consultants Slate Roof Replacement Orange County Skills Development Center Chapel Hill, NC August 2017 3.08 Cleaning up A. Remove masking tape immediately after joints have been tooled. B. Keep adjacent surfaces clean and free from sealant as the installation progresses. Use solvent or cleaning agent as recommended by the sealant manufacturer. C. Do not allow uncured sealants to contact surfaces adjacent to the joints, or any other non - joint surfaces. If uncured sealants are introduced to prohibited areas, sealant shall be removed as follows: Non - porous Surfaces - Immediately remove all excess sealant adjacent to the joint and elsewhere by using xylol, tolvol or methyl ethel ketone while sealant is still in uncured state. 2. Porous Surfaces - Allow sealant to develop initial cure, then remove by abrasion or other mechanical means. Exercise extreme care to maintain the original surface texture without damage. END OF SECTION 17 -198 Sealants and Caulking 079200 -5 0 0 0 0 Cn A W N U1 N N r O m Z 0 0 D Z O v r Z D J n n z x z cn o v m 1 I < >n z rmj -I K y 1 D m m Z n c- > D 7D.J C N z m (n N z n O m c m r �J 1 m m z v v l O o � FF= O o 00 D 63' 0 4 ❑ o � z O v O O O A °❑ z F — °❑ z — °❑ Ll I II ° II I i � II II i j i I II i I ` II !I i BARREL jROOF O II G i i I I II i II i ❑ I II BARREL ROOF ppyy ❑ ❑ ❑ ❑ ❑ _ _- _------------ - - - - -- `\ ' NEW SLATE ROOF SLATE Roar REPLACEMENT CHAPEL 9 �Ym�i ( \1 - SLATE 300E REPLACEMENT SKILLS 93yEE0rG2RT CENTER (/ C»&@£« qt% KC 5 ( \! - ( ' - § {�)§ - -_ §®\ \} \\/ /) } {} Im / \\ \/ ] /` / )1!\ ; \ \z` )\ 7\ - z }j[ j \§�\ \\ . / Fli 7\ ;u \ \ U) _ 2 0 _ - SLATE 300E REPLACEMENT \ SKILLS DEWELOPMENT CENTER ,\ ) qt% KC C»&@£« \ / g ;; _ - SLATE 300E REPLACEMENT �) \ SKILLS DZyELOPMENT CENTER ,\ ) qt% KC C»&@£« \ / g ;; ; ;na }\ z \ \\ \ / / . . x « « a �. \ \ \ \\ ,r \; )\ \ \ \ \§\\(\\ < ;\ ± / \ > e 0 3 SLATE 300E REPLACEMENT �) \ SKILLS DZyELOPMENT CENTER ,\ ) qt% KC C»&@£« \ / g ;; \ \/\ - :> §G _ s _ - SLATE 300E REPLACEMENT \ SKILLS DEWELOPMENT CENTER ,\ ) qt% KC C»&@£« \ / g ;; DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 � CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 2/19/2018 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 have ADDITIONAL INSURED provisions or 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 CONTACT NAME: Lindsay Lutz SIA Group, Inc. 827 Gum Branch Road PHONE FAX (A/C. No Ext : 910- 478 -3373 A/C No): 910- 455 -7481 ADDRIESS: certs@siagroup.com Jacksonville NC 28540 INSURER(S) AFFORDING COVERAGE NAIC # 5/22/2018 INSURERA: Pennsylvania National Mutual Casualty $1,000,000 INSURED 720 INSURER 13: Builders Mutual Ins Co 10844 Century Slate Company Kodiak Developments, LLC INSURER C, $100 '000 INSURER D: MED EXP (Any one person) 1310 E. Cornwallis Rd. INSURER E: Durham NC 27713 INSURER F: COVERAGES CERTIFICATE NUMBER: 861427652 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 ADDL INSD SUBR WVD POLICYNUMBER POLICY EFF MM /DD /YYYY POLICY EXP MM /DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y CL90640065 5/22/2017 5/22/2018 EACH OCCURRENCE $1,000,000 CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $100 '000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ❑X PRO- ❑ LOC JECT PRODUCTS - COMP /OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY Y Y AU90640065 5/22/2017 5/22/2018 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY X $ Hired /Nonown A X UMBRELLA LIAB X OCCUR Y Y UL90714909 5/22/2017 5/22/2018 EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 3,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN Y WCP100138707 5/22/2017 5/22/2018 1 OTH- STATUTE I ER ANYPROPRIETOR /PARTNER /EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER /MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Leased /Rented Equipment CL90640065 5/22/2017 5/22/2018 $500 Deductible 85,000 Installation Floater $1,000 Deductible 105,000 Owned Equipment $500 Deductible $73,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder and any other parties as required is Additional Insured with regards to General Liability, Automobile and Umbrella as required by written contract. Additional Insured's are afforded a Wavier of Subrogation with regards to General Liability, Automobile, Umbrella and Workers Compensation as required by written contract. Umbrella is following form to the General Liability, Automobile Liability and Employers Liability policies. CERTIFICATE HOLDER CANCELLATION ©1988 -2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Orange County PO Box 8181 AUTHORIZED REPRESENTATIVE Hillsborough NC 27278 ©1988 -2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD