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Home My WebLink About2021-056-E AMS-CT Wilson Whitted upfit DocuSign Envelope ID: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 DS [Departmental Use Only] TITLE WHITTED-UPFIT FY 2020/2021 NORTH CAROLINA CONSTRUCTION AGREEMENT OVER$50,000.00 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter called "Agreement"), made as of the 2nd day of December, 2020, by and between C.T. Wilson, Construction Co., Inc, (hereinafter called the "Contractor"), and Orange County, a political subdivision of the State of North Carolina, (hereinafter called the "County," "Orange County,"or"Owner"). WITNESSETH: That the Contractor and the Owner, for the consideration herein named, agree as follows: 1. CONTRACT DOCUMENTS; PRIORITY The Contract Documents consist of this Agreement, the General Conditions which are fully incorporated in this Agreement, the Request for Proposals, designer approved communications and field orders, the Proposal, Construction Documents and Drawings and Written Specifications. The Contract Documents form the Contract. In the event of any inconsistency between or among the Contract Documents the Contract Documents shall be interpreted in the following order of priority: a. This Agreement and incorporated General Conditions attached as Exhibit 1. b. Designer approved and stamped construction documents and drawings and written specifications. c. Designer approved communications and field orders. d. Request for Proposals and addenda thereto. e. Proposal. 2. SCOPE OF WORK The Contractor shall furnish and deliver all of the materials, and perform, and be fully responsible for all of the Work required by this Agreement within the time period stipulated in a written Notice-to-Proceed to be executed by the Contractor and Owner and in accordance with the following enumerated documents, which are made a part hereof as if fully contained herein: a. Construction Drawings prepared by HH Architecture (Sheet BID Drawings dated 10/09/2020) b. Written specifications prepared by the Designer. c. HH Architecture awarded the project to CT Wilson for the Orange County Emergency Office Upfit at the Whitted Building Project number: 19-099. The work consists of Level 2 Alterations for new partitions, doors, casework, misc. plumbing and electrical modifications, Revised 07/20 1 DocuSign Envelope ID: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 HVAC ductwork reconfiguration, structural reinforcing of select areras of the existing floor, and limited ceiling replacement. Please see attached proposal dated November 12, 2020 which fully describes the work to be performed, such work(hereinafter called the "Work"). d. Related documents listed under Section 2 above. 3. TERM AND SCHEDULING a. The Contractor agrees to commence work pursuant to the written Notice-to Proceed. b. The Contractor agrees to complete substantially all Work included by June 2nd, 2021. c. Time is of the essence with respect to all dates specified in the Contract Documents as Completion Dates. d. The Contractor shall perform the Work in the time, manner and form required by the Contract Documents and as stipulated in a written Notice-to-Proceed to be executed by the Contractor and Owner. 4. STANDARD OF CARE AND DUTIES OF CONTRACTOR a. The Contractor shall exercise reasonable care and diligence in performing the Work in accordance with the generally accepted standards of this type of Contractor practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Contractor is solely responsible for the professional quality, accuracy and timely completion and submission of all work. b. The Contractor shall not load or permit any part of the Work to be loaded with a weight that will endanger its safety, intended performance or configuration. c. Contractor shall be responsible for all Contractor, Subcontractor, and Sub-subcontractor errors or omissions, in the performance of the Agreement together with the errors and omissions of any agent or employee of the Contractor or any Subcontractor or Sub-subcontractor. Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the Owner. d. Contractor is an independent contractor of Owner. Any and all employees of the Contractor engaged by the Contractor in the performance of any work or services required of the Contractor under this Agreement, shall be considered employees or agents of the Contractor only and not of the Owner, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Contractor. e. Contractor 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 eg countync. og v/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 Revised 07/20 2 DocuSign Envelope ID: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. f. If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Contractor represents that it and its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. g. The Contractor shall supervise and direct the Work efficiently and with the Contractor's best skill and attention. Except as specifically set forth in the Contract Documents the Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, and for safety precautions and programs in connection with the Work. The Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. h. The Contractor shall appoint a competent Project Manager with general authority to manage the Project for the Contractor. The Contractor shall also keep on the Project at all times during the Work of the Contractor a competent Resident Superintendent and necessary assistants who shall not be replaced without prior written approval by the Designer or by the Owner if a Designer is not retained for the Project. i. If, in the opinion of the Designer, any Subcontractor on the Project is incompetent or otherwise unsatisfactory, such Subcontractor shall be replaced by the Contractor with no increase in the Contract Price if and when directed by the Designer. j. The Contractor shall attend all progress conferences and all other meetings or conferences. The Contractor shall be represented at these progress conferences by a representative having the authority of the Project Manager and by such other representatives as the Designer may direct. k. Costs and expenses of providing samples for and assistance in any testing shall be borne by the Contractor. Any Work in which untested materials are used without written approval or written permission of the Owner or Designer shall be removed and replaced at Contractor's expense. 1. The Contractor shall obtain all necessary permits including all permits required to complete the Work in compliance with local, state, and federal law. 5. PAYMENT & TAXES a. The Owner hereby agrees to pay to the Contractor for the faithful performance of this Agreement, and the Contractor hereby agrees to perform all of the Work for a sum not-to- exceed Two Hundred Eighty Three Thousand Five Hundred and Ninety Dollars ($283,590.00). Not later than the fifth (5th) day of each calendar month the Contractor shall submit to the Owner's Representative, generally the Designer if a Designer is retained on the Work, a Request for Payment for work done during the previous calendar month. (i) The Request for Payment shall be in form of a standardized invoice or AIA Document G702-703 appropriately addressed to Owner's Representative at Orange County, PO Revised 07/20 3 DocuSign Envelope ID: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 Box 8181, Hillsborough NC 27278 and shall show substantially the value of work done during the previous calendar month. (ii) The amount due for payment shall be ninety-five percent (95%) of the value of work completed since the last Request for Payment and this amount shall be paid by the Owner on or before the last business day of the month. Owner shall retain five percent (5%) (the "Retainage"). (1) Upon Owner's Representative's certification that fifty percent (50%) of the Work has been satisfactorily completed Retainage shall be reduced to two and one half percent(2'/2%). (2) Upon Owner's Representative's certification that ninety percent (90%) of the Work has been satisfactorily completed Retainage may be discontinued. Retainage may be discontinued, at Owner's Discretion, so long as work continues to be completed satisfactorily and on schedule. (iii) Final payment shall not be due to the Contractor until thirty (30) days after Final Completion of the Work, including punch list work, has been satisfactorily (as determined by the County) completed and an appropriate Affidavit, Indemnification, and Release as required in Section 8(d)below has been received by Owner. b. Should Owner reasonably determine that Contractor has failed to perform the Work related to a Request for Payment, Owner, at its discretion may provide the Contractor ten (10) days to cure the breach. Owner may withhold the accompanying payment without penalty until such time as Contractor cures the breach. (i) Should Contractor or its representatives fail to cure the breach within ten (10) days, or fail to reasonably agree to such modified schedule, Owner may immediately terminate this Agreement in writing, without penalty or incurring further obligation to Contractor. (ii) This section shall not be interpreted to limit the definition of breach to the failure to perform the Work related to a Request for Payment. c. The Contractor has included in the Contract Price and shall pay all taxes assessed by any authority on the Work or the labor and materials used therein. It shall be the Contractor's responsibility to furnish the Owner documentary evidence showing the materials used and sales and use tax paid by the Contractor and each of its subcontractors. d. Should the Owner receive notice that the Contractor has failed to pay a Subcontractor for the Work performed related to a Request for Payment, Owner shall have the authority to withhold payment of the disputed amount until parties resolve their dispute. Failure to pay the Contractor pursuant to this section of the Agreement shall not be deemed to be a breach of the Agreement. 6. NON—APPROPRIATION Revised 07/20 4 DocuSign Envelope ID: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 a. Contractor acknowledges that Owner is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. b. In the event that public funds are unavailable and not appropriated for the performance of Owner's obligations under this Agreement, then this Agreement shall automatically expire without penalty to Owner immediately upon written notice to Contractor of the unavailability and non-appropriation of public funds. It is expressly agreed that Owner shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. c. In the event of a change in the Owner's statutory authority, mandate or mandated functions,by state or federal legislative or regulatory action, which adversely affects Owner's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to Owner upon written notice to Contractor of such limitation or change in Owner's legal authority. 7. NOTICES Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Owner: Contractor: Orange County CT Wilson Construction Co., Inc Attn: Steven Arndt 150 Golden Drive, Suite 200 P.O. Box 8181 Durham,NC 27705 Hillsborough,NC 27278 919-383-2535 8. MISCELLANEOUS a. Duties and Obligations imposed by the Contract Documents shall be in addition to any Duties and Obligations imposed by state, federal or local law, rules,regulations and ordinances. b. No act or failure to act by the Owner or Contractor shall constitute a waiver of any right or duty granted them under the Contract Documents, nor shall any act or failure to act constitute any approval except as specifically agreed in writing. c. The Work shall be tested and inspected as required by the Contract Documents and as required by law. Unless prohibited by law the costs of all such tests and inspections related to state and federal codes such as ADA, Administrative, Electrical, Plumbing, Mechanical and Building Codes shall be borne by the Contractor. The costs for material and structural testing shall be conducted by an independent third party at the expense of the Owner. Delays related to any of the aforementioned tests and inspections shall not be grounds for delaying the completion of the work. If any such tests and inspections reveal deficiencies in the Work such that the Work does not comply with terms or requirements of the Contract Documents and the requirements of any code or law the Contractor is solely responsible for the cost of bringing such deficiencies into compliance with the terms of the Contract Documents and any code or law. d. Should the Designer, if a Designer is retained for the project involving the Work, or Owner reject any portion of the Work for failing to comply with the Contract Documents Contractor Revised 07/20 5 DocuSign Envelope ID: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 shall immediately, at Contractor's expense, correct the Work. Any such rejection may be made before or after substantial completion. If applicable, any additional expense borne by the Designer under this section shall be paid at Contractor's expense. e. The County has designated (Steven Arndt) to act as the County's representative with respect to the Project and shall have the authority to render decisions within guidelines established by the County Manager or the County Board of Commissioners and shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. f. 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. g. In the event of a breach by Contractor Owner has sole authority to determine the reasonableness of Contractor's actions to remedy such breach or complete the performance of its obligations. h. Upon request of the Owner, the Contractor shall submit to County all relevant documentation, including but not limited to,job cost records, to support its claims for final compensation and if such request is made final compensation shall not be due until all relevant documentation is received,reviewed, and approved by Owner. 9. CONSEQUENTIAL DAMAGES a. Owner and Contractor mutually waive any claim against each other for consequential damages. Consequential Damages include: (i) Damages incurred by Owner for loss of use, income, financing, or business. (ii) Damages incurred by Contractor for office expenses, including personnel, loss of financing, profit, income, business, damage to reputation, or any other non-direct damages. 10. ENTIRE AGREEMENT All of the documents listed, referenced or described in this Agreement, the written Notice-to-Proceed, together with Modifications made or issued in accordance herewith are the Contract Documents, and the work, labor, materials, and completed construction required by the Contract Documents and all parts thereof is the Work. The Contract Documents constitute the entire agreement between Owner and Contractor. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. If any provision of the Agreement or General Conditions shall be declared invalid or unenforceable,the remainder of the Agreement shall continue in full force and effect. [SIGNATURE PAGE TO FOLLOW] Revised 07/20 6 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 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: DocuSigned by: DocuSigned by: B : I�jbtn,I�.it, �A.tMwtW'S�t,� By l�'u� �t�SDln, o ri e ffammersley Char ie i son III, President Printed Name and Title Revised 07/20 7 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 ORANGE COUNTY—DEPARTMENT USE ONLY Party/Vendor Name: C.T. Wilson Construction Co., Inc Party/Vendor Contact Person: Charlie Wilson III Contact Phone: 919-383-2535 Party/Vendor Address: 150 Golden Drive, Suite 200 City Durham State: NC Zip: 27705 Department: AMS Amount: $283,590.00 Purpose: Orange County Emergency Office Upfit at Whitted Building, 300 West Tryon Street. Budget Code(s): 61370035-880000-10079 Vendor# 64422 (N/A if new vendor) Vendor is a BOCC consultant? Yes ❑ No® Contract Type: (Check one)New® Renewal❑ Amendment ❑ Effective Date Approved by Board Yes®No❑ Agenda Date: 12/15/2020 This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement: DocuSigned by: Department Director's Signatur S Qy' A Date: 12/16/2020 Agreements for emergency service > 4QPAtv4%t subject to the above affirmation. If services related to this agreement have already begun or been completed please briefly describe the nature of the emergency condition that was addressed: Risk Management This agreement is approved for sufficiency of insurance standards,specifications,and requirements: Ce� DocuSignedby"Office of the Risk Management Offi �tSA C,bV1.t t{fb Date: 12/17/2020 7FDCF9176800498... DS D I Financial Services r l/ This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: DocuSigned by: Office of the Chief Financial Office 1/7/2021 CfD40181ACC1409 '� '�or�� Date: . Legal Services This agreement is approved as to legal form and sufficiency: ocuSigned by: Office of the County Attorne 96SUL hMt& Date: 1/7/2021 4C5F3CDDFOB94F6... Clerk to the Board Received for record retention: All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Office of the Clerk to the Board Date: Revised 07/20 8 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 1100 DRESSER COURT R ALE IGH,NC 27609 919 828-2301 TEL 919 828-2303 FAx HH-ARCH.coM HH ARCHITECTURE November 12,2020 Steven Arndt,MBA,CFM,PEM Director of Asset Management Services Orange County Government 300 W Tryon Street,Rm 240 Hillsborough,NC 27278 Re: Orange County Emergency Office Upfit Whitted Building HH project number: 19-099 Dear Steven: This letter is to recommend that the above referenced project be awarded to: CT Wilson Construction Co,Inc. 150 Golden Drive, Ste 200 Durham,NC 27705 License#: 2443 The basis of this award is the compilation of the base bid amount plus accepted alternates. The base bid amount plus accepted alternates are as follows: Base Bid $ 241,651.00 Alternate#1 $ 13,597.00 Alternate#2 $ 5,837.00 Altefnate #3 $ (4,451.00) Alternate#4 $ 22,505.00 Alternate#5 $ 0.00 Total $ 283,590.00 This project is an office upfit of 2,795 SF within the Richard E.Whitted Human Services Building. The work consists of Level 2 Alterations for new partitions,doors, casework,misc.plumbing and electrical modifications,HVAC ductwork reconfiguration, structural reinforcing of select areas of the existing floor,and limited ceiling replacement. The building is an existing Type III-B construction and fully DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 sprinklered. The scope of work includes above ceiling work on the basement level to access the existing floor structure for structural reinforcing. The project bid alternates include the following. • Alternate No. 1: Renovate to convert toilet room to Coffee Room 213 • Alternate No. 2: Demo doorway and replace carpet in Corridor 200H • Alternate No. 3: Provide frame Type I in lieu of scheduled frame type for Doors 211A,211B (NOT ACCEPTED) • Alternate No. 4: Suite 250 Upfit • Alternate No. 5: Preferred brand alternate for Mohawk tile carpet Single Prime bids were received on November 5,2020 at 2:00 PM at Orange County Richard E. Whitted Human Services Building,Main Meeting Room 230, 300 W. Tryon Street,Hillsborough,NC 27278. 4 general contractors submitted bids. Bids were opened and reviewed in Room 230. The bids were read aloud including name of bidder, license number,base bid and all alternates. It was announced that no decision on the low bidder would be given at that time. Please see attached Certified Bid Tabulation for the results of the bid opening. Sincerely, Nicholas C.Zastrow,AIA Architect Attachments: • Certified Bid Tabulations • Form of Proposal from CT Wilson Construction Co,Inc. • HUB Certified and Minority Business Participation forms and Affidavits from CT Wilson Construction Co,Inc. oms)n Envelope ID:e5E8AA$ADE34E7sB&G2kD9cAAe5 ❑ \ \ } \ $i LU � � } § ® S & 2 S k 2 cck m LO \ \ g p 2 m a e m k kr \ 2 CD § / u a / ƒ � { / § [ \ & E > ) ~ \ ¢ m k jLLI � m \ / m J / - m G c 2 \ £ e m ) 2 cli / 0 m % � k \ d a Q 3 } oo } { » Q ) ) ! \ = O & cw % r ooe # \ % C\i CNF £ CX 72 2 § / j / go - - ± � u & § \ § 2 \] \ 0Q0 _ ) ±/ 2 C> L \ \ - � Q a [ \ r\ L/ a ! \ = 3 2 o aR > o = § \, Goto CD \ F- E \ \ \ \ . J / R � S ap ff r- c / \ Q � G , / : { , 07 � � 2 ] 7 ecmec 7 6 @ © ® f ] ) ff ^ \ \ Q ) \ ) $ k e $ % / & o � £ / ■ _ � 2 kc;x ) 2 p DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 Orange County Emergency Office Upfit- Issued for Bid Whiffed Building 10/09/2020 SECTION 004113-BID FORM- STIPULATED SUM(SINGLE-PRIME CONTRACT) PART 1 - BID FORM- STIPULATED SUM(SINGLE-PRIME CONTRACT) 1.1 BID INFORMATION A. Bidder: C.T. Wilson Construction Company Inc B. Project Name: Orange County Emergency Office Upfit-Whined Building. C. Project Location: 300 W. Tryon Street, Hillsborough,NC 27278. D. Owner: Orange County Government. E. Architect: HH Architecture. F. Architect Project Number. 19-099. 1.2 CERTIFICATIONS AND BASE BID A. Base Bid, Single-Prime(All Trades)Contract: The undersigned Bidder, having carefully examined the Procurement and Contracting Requirements,Conditions of the Contract, Drawings, Specifications, and all subsequent Addenda, as prepared by HH Architecture and Architect's consultants,having visited the site,and being familiar with all conditions and requirements of the Work, hereby agrees to furnish all material, labor,equipment and services, including all scheduled allowances, necessary to complete the construction of the above-named project,according to the requirements of the Procurement and Contracting Documents,for the stipulated sum of: Two hundred and forty one thousand six hundred and fifty one 241,651 1- Dollars($ ). 2. The above amount may be modified by amounts indicated by the Bidder from the "Schedule of Alternates"on the attached drawing sheet GOO I Coversheet 1.3 SUBCONTRACTORS AND SUPPLIERS A. The following companies shall execute subcontracts for the portions of the Work indicated: 1. General Subcontractor: C.T. Wilson Construction Company, Inc. Lie. 2443 . 2. Plumbing Subcontractor: Lie. 3. HVAC Subcontractor: Lie. 4. Electrical Subcontractor: Lic. Bid Form - Stipulated Sum (single-prime Contract) 004113 - 1 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 Orange County Emergency Office Upfit- Issued for Bid Whitted Building 10/09/2020 1.4 TIME OF COMPLETION A. The undersigned Bidder proposes and agrees hereby to commence the Work of the Contract Documents on a date specified in a written Notice to Proceed to be issued by Architect, and shall fully complete the Work within 120 calendar days. 1.5 ACKNOWLEDGEMENT OF ADDENDA A. The undersigned Bidder acknowledges receipt of and use of the following Addenda in the preparation of this Bid: 1. Addendum No. 1,dated 10/22/2020 .. Ar" 2. Addendum No. 2, dated 10/27/2020 3. Addendum No. 3,dated E0/29/2020 f � 4. Addendum No. 4,dated 5. Addendum No. 5,dated 6. Addendum No. 6, dated 1.6 ALTERNATES A. The undersigned Bidder proposes the amount below be added to or deducted from the Base Bid if particular alternates are accepted by Owner. Amounts listed for each alternate include costs of related coordination,modification,or adjustment. B. If the alternate does not affect the Contract Sum,the Bidder shall indicate"NO CHANGE." C. The Bidder shall be responsible for determining from the Contract Documents the effects of each alternate on the Contract Time and the Contract Sum. D. Owner reserves the right to accept or reject any alternate, in any order,and to award or amend the Contract accordingly within 30 days of the Notice of Award unless otherwise indicated in the Contract Documents. E. Acceptance or non-acceptance of any alternates by the Owner shall have no effect on the Contract Time unless the "Schedule of Alternates" Article below provides a formatted space for the adjustment of the Contract Time. Bid Form - Stipulated Sum (Single-Prime Contract) 004113 - 2 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 Orange County Emergency Office Upfit - Issued for Bid Whitted Building 10/09/2020 F. Alternates: 1. Alternate No. 1: Indicate cost increase to provide and install all items associated with room Coffee 213 Work includes plumbing and electrical scope as indicated on the Contract Documents. a. ADD X DEDUCT NO CHANGE 13,597 b Thirteen iousand Five un red and Ninety-seven Dollars($ C. ADD DEDUCT calendar days to adjust the Contract Time for this alternate. 2. Alternate No. 2: Indicate cost increase to demo existing doorway,patch and repaint masonry opening,and replace finish floor with new carpet tile. a. ADD X DEDUCT NO CHANGE b Five T i�nd eight hun rd—ed and thirty seven _ Dollars($ 5,B37 }. C. ADD DEDUCT calendar days to adjust the Contract Time for this alternate. 3. Alternate No. 3: Indicate cost decrease to provide frame Type l for doors 211 A and 211 B in lieu of frame types scheduled in Contract Documents. a. ADD DEDUCT X NO CHANGE b. one thousand four hundred and fifty two Dollars($ 1,452 1 C. ADD DEDUCT calendar days to adjust the Contract Time for this alternate. 4. Alternate No. 4: Indicate cost increase to provide demolition and renovation upfit in Suite 250 to install partitions, doorways,finishes,ceiling modifications,and mechanical, electrical, plumbing and fire sprinkler modifications to install rooms 250,250A,&25013. a. ADD X DEDUCT NO CHANGE b. twenty two thousand five hundred and five Dollars($22,545 1. C. ADD DEDUCT calendar days to adjust the Contract Time for this alternate. 5. Alternate No. 5: Indicate cost increase to provide Owner-preferred brand carpet as selected by a single-source manufacturer. The product must be by Mohawk meeting requirements of the Contract Documents. a. ADD DEDUCT NO CHANGE X b. Dollars C. ADD DEDUCT calendar days to adjust the Contract Time for this alternate. 1.7 CONTRACTOR'S LICENSE A. The undersigned further states that it is a duly licensed contractor, for the type of work proposed, in Orange County North Carolina. Bid Form - Stipulated Sum (Single-Prime Contract) 004113 - 3 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 Orange County Emergency Office Upfit- Issued for Bid Whitted Building 10/09/2020 1.8 SUBMISSION OF BID A. Respectfully submitted this 5 day of November ,20 20 B. Submitted By: C.T.Wilson Construction Company, Inc.(Name of bidding firm or corporation). C. Authorized Signature: t ��' / (Handwritten signature). D. Signed By: Charles T.Wilson III (Type or print name). B. Title: President (Owner/Partner/President/Vice President). F. Witness By: / (Handwritten signature). G. Attest: - (Handwritten signature). H. By: Andrew Philipps (Type or print name). 1. Title: Corporate Secretary (Corporate Secretary or Assistant Secretary). J. Street Address: 150 Golden Drive Suite 200 K. City, State, Zip: Durham, NC 27705 L, Phone: 919-383-2535 M. License No.: 2443 END OF SECTION 004113 Bid Form - Stipulated Sum (Single-Prime Contract) 004113 - 4 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 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—Q.T. WJJISon Construction Company, Inc. (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 YIN Waspco W Y *Minority categories: Black,African American (B), Hispanic(H), Asian American(A)American Indian (1), Female(F)Socially and Economically Disadvantages! (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 ($) 10,640 MBForms 2002-Revised July 2010 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 CT WILSON CONSTRUCTION A Orange County Emergency Office Upfit Whitted Building W/MBE Good Faith Documentation TABLE OF CONTENTS Table of Contents....................................................Page 1 Community Outreach Plan......................................Page 2-5 Affidavit C ...............................................................Page 6 AffidavitD................................................................. Page 7-8 PreBid Roster... .......................................................Page 9 Invitation to Bid ......................................................Page 10-11 Follow up with MBE Subs........................................Page 12-15 BidTab....................................................................Page 16-17 Quote Comparisons ................................................Page 18-21 DocuSign Envelope ID: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 dr � . . DNS RU .i _f rra. { tifF li. WMBE PARTICIPATIO-K + COMMUNITY OUTREACH PLAN Orange County Emergency Office Upfit Whittled Building 61 „ ,aa - Ilium 1250 Revolution Mill Drive #162 150 Golden Drive #200 Greensboro, NC 27405 Durham, NC 27705 336-663-2052 919-383-2535 www.ctwilson.com charlie@ctwilson.com DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 �-to ti . ENGAGEMENT Our participation at time of bid is 4.4%. CT Wilson Construction is committed to providing opportunities for historically underutilized and disadvantaged business enterprises.Since our inception in Durham (1952),our company's leaders have prioritized advocacy CT Wilson's 68-year history is dependent upon crucial and change for systematic injustices through engagement relationships like these to ensure mutual success for our with community organizations and municipalities.Second- partners and our clients.We are hopeful that we will generation owner,Charles T.Wilson,Jr., has worked closely have continued progress towards the MWBE with Deborah Giles,City of Durham Department Director participation goal established by Durham Public Schools. for Equity&Inclusion,as well as the late Andrea Harris, Achieving the goal of 10%for the Orange County Founder of the North Carolina Institute for Minority Economic Emergency Office Upfit Whitted Building requires Development.These relationships have sparked development additional efforts which will be strategically selected of numerous internal and external community programs from our Disadvantaged Business Enterprise Inclusion that promote education and opportunity for disadvantaged Policy[page 31 to ensure the most favorable outcome. groups. DocuSign Envelope ID: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 OUTREACH CT Wilson Construction Company is committed to providing job(OTJ)training in the field.They're eligible for course opportunities for members of our communities beyond our reimbursement if the conditions of participation and business operations.We accomplish this through donations of high academic standing are fulfilled.Students will receive time and resources,as required by the different organizations incremental raises as they progress through the two-year we support. Monetary sponsorships and equipment certification,which aligns with our philosophy of providing donations account for a significant percent of our business livable wages.1 expenditures each year.Additionally,our employees donate CT Wilson also works closely with organizations like Carolina's their time to serve organizations of their choice. Associated General Contractors,the National Center for Collectively,our company has been an active supporter Construction Education and Research (NCCER),and Lowe's of Durham Public Schools,specifically their Career& to support their CTE advocacy programs: Build Your Career, Technical Education (CTE)programs.Over the years,our Build Your Future,and Generation T.These initiatives provide involvement has ranged from material donations for shop education and resources to students considering careers in class construction projects,to speaking engagements and technical trades. demonstrations,career fair participation,construction Lastly,CT Wilson provides opportunities for employee site field trips,externships for teachers in partnership with professional development by sponsoring memberships to STEM RTP,summer camps, internships,and a certified industry organizations in addition to traditional education apprenticeship program through partnership with Durham assistance.CT Wilson is also committed to offering second Technical Community College, NCWorks,and the North chances to job candidates with a criminal background.z Carolina Department of Labor. Currently,one of our Senior Project Managers,Justin Ramsey,is on the Executive Team Follow us on social media to see how we are supporting our for the Waymakers Program of Durham Public Schools'Skilled community this week. Trades Pathway and has been instrumental in providing information and resources from the private sector to assist in the program's development. 1 CT Wilson Construction was certified as a living wage employer through the Durham Living Wage Project. Our apprenticeship program provides students the 2 CT Wilson follows all municipal and authoritative regulations in opportunity to earn hourly pay while receiving on-the- regards to employee background reporting,specifically as it applies to work opportunities that require additional reporting like hospitals or schools. 1� _�-w yF YIN -- �•l nu rr.l0-4. I 4 Y V f 11 DocuSign Envelope ID:B75E8AA0 ADE3 4E77-B32C-2134D9CAA555 CT WILSON IS AN EQUAL BUSINESS EMPLOYER INCLUSION POLICY CT Wilson is committed to providing access and opportunity provide information on any State project in which our firm is to historically underutilized businesses and encouraging involved. participation in projects that are constructed or managed by our IDENTIFICATION &OUTREACH EFFORTS firm. We will do this within the context of the municipal plan and within the constraints and obligations of national and state *Create a database of WMBE firms specifically tailored to statutes.Our plan is administered and monitored by the Project historical participation. Manager/Executive and/or a third-party consultant. -Frequently obtain the databases of area WMBE trade Furthermore,CT Wilson will demonstrate Good Faith Efforts organizations and municipalities. in the solicitation and recruitment of WMBE suppliers and *Organize meetings with WMBE coordinators to further identify subcontractors. We will verify our efforts by thorough WMBE firms that would be candidates for project participation. documentation of our contacts,conversations,outreach .Provide written notice through a personalized solicitation letter processes,advertisements, barrier reduction efforts,and correspondence with WMBE firms. to WMBE firms, inviting them to pre-qualify and/or quote a scope of work. *Advertise in area newspapers and publications. PLAN OBJECTIVES -Follow up initial written solicitations with personal contact. -Improve access of project contracting and subcontracting .Organize and hold job fairs to encourage WMBE firm opportunities to WMBE firms. participation and to create greater awareness of CT Wilson in *Raise awareness of opportunities within the WMBE community. the WMBE community. *Raise awareness within our firm of likely opportunities for *Make project plans and specifications readily available for use WMBE participation.This can be accomplished through staff by WMBE firms. training. *Streamline the pre-qualification procedures. -Create an organized approach to WMBE firm identification, -invite WMBE firms to network with major subcontractors to recruitment,and participation. help generate interest in second tier WMBE participation. -Improve outreach efforts to WMBE firms. -Organize various trade bid packages into sizes that are both *Reduce barriers to WMBE participation. "bid-able"and "build-able" by WMBE firms. *Examine past successes in WMBE utilization for ways to *Meet with WMBE firms that were not pre-qualified. Discuss improve each successive project. realistic methods to implement for future prequalification. -Strive to have a central point of contact within our firm who *Utilize WMBE consultant(s.) would always be available to WMBE firms and who could PROJECT MBE WBE TOTAL NCCU RESIDENCE HALLS 20.26% 4.26% 24.52% UNC RAMSHEAD CENTER 17.9% 7.3% 25.2% REVOLUTION MILL SITE 6.1% 20.9% 27% JA WHITTED 16.9% 13.1 1% 30.01% DocuSign Envelope ID: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 Do not submit with bid Do nos 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 Durham (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 C.T.Wilson Construction Company, Inc. I do hereby certify that on the (Name of Bidder) Orange County Emergency Eme[gency Office U fit Whiffed Building Project 1D# 19-039 (Project Name) Amountof Bid $ 241,651 1 will expend a minimum of 4.4 % 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 follovving finrs listed below. Attach additional sheets if re uired Name and Phone plumber *Minority "HUB Work Dollar Value Category Certified Description YIN Waspco F Y Drywall 10,640 'Minority categories:Black,African American(B), Hispanic(H),Asian American(A)American Indian(t), Female(F)Socially and Economically Disadvantaged (D) HUB Certification with the state HUB office required to be counted toward state participatlon 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. g4tei,441 2020 Name of Authorized Officer: Charles T.Wilson III A A,�P Signature: � �,- z rt, Not y Public Cozz Wake Title: President CourWAL My °n'm ExR State of [Dyol►(A County of wkau s ,y oil- 2022 .� Subscribed and sworn to before me this_7}1_ day of t4pR 2010 i Q 9T R �I O ��` Notary Public Elto, li W►'ttlr� 'A �ti My commission expires 011141 uy- MBForms 2002-Reviscd July 2010 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 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 Durham (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 CT Wilson Construction Co. Inc I do hereby certify that on the (N me f Bidd r Orange County Emergency Office Upfit Wittec� wilding (Project Name) 241,651 Project ID# 19-099 Amount of Bid $ 1 will expend a minimum of 4'4 % of the total dollar amount of the contract with HUB certified/ minority business enterprises. Minority businesses will be employed as construction subcontractors, vendors, suppliers or providers of professional services. Such work will be subcontracted to the following firms listed below. (Attach additional sheets if required) Name and Phone Number *Minority **HUB Work Dollar Value Category Certified Description Y/N aspco Corp. 919 489- 891 F Y Drywall 10,640 *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: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 Do not submd with the bid Do not submd with the bid Do not submit with the bid Do not submit with the bid DO not submit wth the b�d 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: 1 Name of Authorized Officer: Charles T. Wilson III Signature: Af Title: President r �uettc State of f,.]nY�-h [AYo�ym , County of VJAY( ota m N u�e SEAL S�11ubscribed and sworn to before me this 1� day of mbCr 20 Lo Go E Notary Public, A fta�vw Yati.25' _ My commission expires 611SUI 2 MBFotms 2002-Reviscd May 2010 ?- DocuSign Envelope ID: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 rn C � O m (D D! 2 cT ono � S. }/ V � _ v O 0) obicu I 4 c E `� c' { o z 9 -T _9 E Its � -- VI , a a�i W 21 Q _4 IIJ W U Q � cu � U o _O 2 N �+{+ -� N C VA 6f 2 (D '� �1 X f� O d z DocuSign Envelope ID: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 C R a 6 E? Q q Q LU a p 3 E o o _ -i - _o - I 0 cD N $=$ a8 W$a3$m3 - E 0 E 3 z " 'j o 0 o g= o 0 3 y e e _ A o g Pam W'a_ 3 �ps0 A -13'E^Az 3 33=3 3 - 3 `e 3 C _ _ _Y 9 i 4 Y 3 v_ _ _Q LL_ _ _ __- Y 3 9 m i-9 9 3 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 9 9 9 9 3 3 9 3 0 9 3 3 9 9 9 9 3 9 9 9 c P .......... m 3 v CY uu a m O s _ #zzzzzz>zzzzzzzz zz � z zzz z x zzz V 0 E 8 = 8 8 0 $ EO 8 8 8 &A 8 e ^8 3 9 a 8 o o - g S„ .1 C• _ _ E G °° -E 3 W 3 a N Z tl 3 $ E U N � g 's spc 00 0 - E u 8 €0 8 C c a s o E &� a�� aaF� Aa sss $ a ssassss ssas s � es 's sgs s s $ $ � s s 's s ss c c q s � sss -_ sss a aaa„„save„a � �"s a a s a as o s8$s a s ' sss aaa � sss"ss s's =^a s s � s ss s a$ ass aaa s v� x d 3 DocuSign Envelope ID: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 o o E o = g o o 1O o E. o g - o a G - E c - E o 0 _ = i r z ` o= i i E @i E .3 Gd = 3 E G E E a 9 .. 2 - E E _ m E - 3 - E 3 = N _ Z, _ A$ Y 3 om a °3r 3 - 03 3 3 3 3 3 3 3y �z w v ZO Y - — 3 - Y 3 m 3 _ 3 3 - 3 - - 3 - 3 - 3 d o a Y3ZR _ _ zY - 003 E o �s = W - _ - 0 Z Y - Q N G c Y G C j =a C o z= C x m C m - a N a C _ c 3 n o a3 =z° 3 z3 o3a-wz3m E � 3 w - _ _ - z3 3z3 8 w uow3 33E 3" `�"o � 33z Cw _ x3 z= �? ��C m3 E�em tgo - - n = E _'o m Zo=? _ _ _ z° E 3 - - - - - - c o _o �_ - E o z>' o - = c 'S3 = nNz = w3 = --_ mg = _ E m'tR. E_ _ _ - a '^ 'Szp = 0 0 6 ?3'6 e�3 YxN� dY - a = - a3 �� - A_ - `-3 _NY 333 �3 � 3� „`Y YUd3i- c Y o C c Y m a Y._ °c Y w n C vw-+ _ - r a Y - m a m Y m Y m> Y w 3 z --e z z°3 z a o _ -_ - a r a z 3 z a ?3 z _ ° Y N Y" - - - m Z. _ _ o z m= - -_ "� m' o z z o z -�o z - - � � z N m _ _ f m Nc Y_ _ c N� orq m =°o "Yi °3m - c - c 3 z � - m' m E a - H o z E w w E x _ N�n m 3 3u a Aooz N�°� _ p Y n m .� 3 - u O Y m m - _m - m N o o m r m - E E m o o N _ M. Q p O - O a 0 a _ Ez - 3 a� Y� - Eu 3 3 3 - E 1. oZ. " 3 0R 3 w= o �u= W r 3 z V g rQ e - 3 _ - - _ zo i Y c YWT 1. a - ¢ _ - FL p en 3 - ¢ - - E- - - _ c O _ - c O c - - E - E O - E ¢ o ` - _ _ -_ m E _ c „ v33 0 > s _ _ ou° - - _ - d ^o w 0 - g z w d E -a E o 6 0 0 9 t i 3.Ew 3 - zod 0 � `o o i - rc �l� `ea - ° 3 3 - n - _ a - - - 3 3 ww � 0 F - a E c v o ' - E E E m E - _" E m x E o O p �' E ` E - p°S E a 3 n m o m E a 3 - u s8 � 0 E g iS 0 Su ---`- A A X-------C_ ^T"' ,.__ _,____..,_ T3id O.0 Emergency Office Witted building U fit DocuSlgn Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 g y g Up fit Bjorn Bernard(bjom(a)bemardtrby.com) From:Kevin Hartzog(Transmittals@isgfanail.com) Sent Date:October 29,2020 12:30 PM ET A MESSAGE From: CT Wilson Construction Company,Inc. Sent: Thursday,October 29,2020 12:30 PM ET CTWILSON Email: eli.michaels@ctwilson.com Phone: (919)383-2535 4VC 0 N S T R U C T 1 # Fax: (919)382-0044 Bjorn Bernard from Bernard Irby Electric. Message: Good afternoon, I hope this message finds you well. I am following up on an invitation to bid that was sent out for the Re-Bid O.0 Emergency Office Witted building Upfit and would like to know if you intend to submit a proposal for this project.As always,we appreciate your efforts and look forward to the opportunity to work with you. Correspondences can be sent to eli.michaels@ctwilson.com. Thank you and best regards. Click here to view the • • nec Access Number: Qe It's a fact:COVID-19 is disrupting construction.You need to know if projects are getting pushed,put on-hold,or outright cancelled.Don't get caught short-Download the free report. For help,visit http://www.isaft.com/start/r)aaes/contact-support/or call us at 888-768-4569. J Sq Ft•a�onst+vctconnacr" company If you do not wish to receive further iSgFt messages,unsubscribe by clicking he or by calling 1-888-768-4569.If you would like to change or edit your preferences for this or other iSgFt accounts,please visit the My Profile page after logging in.To learn more about the use of personal information by iSgFt,please read our Privacy Policy. Su ---`- A A X-------C ,.__ _,____..,_ T3id O.0 Emergency Office Witted building U fit DocuSlgn Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 g y g Up fit Herbert Moss(h.mosselectnc(ayahoo.com) From:Kevin Hartzog(Transmittals@isgftmail.com) Sent Date:October 29,2020 12:30 PM ET A MESSAGE From: CT Wilson Construction Company,Inc. Sent: Thursday,October 29,2020 12:30 PM ET CTWILSON Email: eli.michaels@ctwilson.com Phone: (919)383-2535 4VC 0 N S T R U C T 1 # Fax: (919)382-0044 Herbert Moss from Moss Electric. Message: Good afternoon, I hope this message finds you well. I am following up on an invitation to bid that was sent out for the Re-Bid O.0 Emergency Office Witted building Upfit and would like to know if you intend to submit a proposal for this project.As always,we appreciate your efforts and look forward to the opportunity to work with you. Correspondences can be sent to eli.michaels@ctwilson.com. Thank you and best regards. Click here to view the • • nec Access Number:W42H-TT5D It's a fact:COVID-19 is disrupting construction.You need to know if projects are getting pushed,put on-hold,or outright cancelled.Don't get caught short-Download the free report. For help,visit http://www.isaft.com/start/r)aaes/contact-support/or call us at 888-768-4569. J Sq Ft•a�onst+vctconnacr" company If you do not wish to receive further iSgFt messages,unsubscribe by clicking he or by calling 1-888-768-4569.If you would like to change or edit your preferences for this or other iSgFt accounts,please visit the My Profile page after logging in.To learn more about the use of personal information by iSgFt,please read our Privacy Policy. SuL---`- A A X-__----C--._ . T.. ,.__ _,____..,_'aid O.0 Emergency Office Witted building U fit DocuSlgn Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 g y g Up fit Tommy Breedlove(treedlove(cl)breedloveelectnc.com) From:Kevin Hartzog(Transmittals@isgfanail.com) Sent Date:October 29,2020 12:30 PM ET A MESSAGE From: CT Wilson Construction Company,Inc. Sent: Thursday,October 29,2020 12:30 PM ET CTWILSON Email: eli.michaels@ctwilson.com Phone: (919)383-2535 4VC 0 N S T F1 U C T 1 # Fax: (919)382-0044 Tommy Breedlove from BREEDLOVE ELECTRIC, INC.. Message: Good afternoon, I hope this message finds you well. I am following up on an invitation to bid that was sent out for the Re-Bid O.0 Emergency Office Witted building Upfit and would like to know if you intend to submit a proposal for this project.As always,we appreciate your efforts and look forward to the opportunity to work with you. Correspondences can be sent to eli.michaels@ctwilson.com. Thank you and best regards. Click here to view the • • nec Access Number:TN 1 F-GILSF It's a fact:COVID-19 is disrupting construction.You need to know if projects are getting pushed,put on-hold,or outright cancelled.Don't get caught short-Download the free report. For help,visit http://www.isaft.com/start/r)aaes/contact-support/or call us at 888-768-4569. J Sq Ft•a�onst+vctconnacr" company If you do not wish to receive further iSgFt messages,unsubscribe by clicking he or by calling 1-888-768-4569.If you would like to change or edit your preferences for this or other iSgFt accounts,please visit the My Profile page after logging in.To learn more about the use of personal information by iSgFt,please read our Privacy Policy. Su ---`- A A X-------C_ ^ T ,.__ _,____..,_ T3id O.0 Emergency Office Witted building U fit DocuSlgn Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 g y g Up fit Mohamed Moursy(momoursy(cilgmail.com) From:Kevin Hartzog(Transmittals@isgflmail.com) Sent Date:October 29,2020 12:30 PM ET A MESSAGE From: CT Wilson Construction Company,Inc. Sent: Thursday,October 29,2020 12:30 PM ET CTWILSON Email: eli.michaels@ctwilson.com Phone: (919)383-2535 4VC 0 N S T R U C T 1 # Fax: (919)382-0044 Mohamed Moursy from Moursy Electric&Service, Inc. Message: Good afternoon, I hope this message finds you well. I am following up on an invitation to bid that was sent out for the Re-Bid O.0 Emergency Office Witted building Upfit and would like to know if you intend to submit a proposal for this project.As always,we appreciate your efforts and look forward to the opportunity to work with you. Correspondences can be sent to eli.michaels@ctwilson.com. Thank you and best regards. Click here to view the • • nec Access Number:RlTQ-QGLK It's a fact:COVID-19 is disrupting construction.You need to know if projects are getting pushed,put on-hold,or outright cancelled.Don't get caught short-Download the free report. For help,visit http://www.isaft.com/start/r)aaes/contact-support/or call us at 888-768-4569. J Sq Ft•a�onst+vctconnacr" company If you do not wish to receive further iSgFt messages,unsubscribe by clicking he or by calling 1-888-768-4569.If you would like to change or edit your preferences for this or other iSgFt accounts,please visit the My Profile page after logging in.To learn more about the use of personal information by iSgFt,please read our Privacy Policy. DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 CT Wilson O.0 Emergency Office Upfit Whitted Building 11/5/2020 Labor Material Sub Quote Alt.1 Alt.2 Alt.3 Alt.4 Demolition Alph-Omega $ 4,350.00 S 150.00 $1,750.00 $ 250.00 $ 125.00 Joist Reinforcing Steel Richards Welding $ 22,980.00 Wood Sirius $ 5,375.00 Casework CabTeq $ 2,612.00 Thompson Millwork $ 4,621.00 K&S Custom $ 4,622.00 Doors/Frames Doors Hardware Distributors $ 2,435.00 Martin Architecture $ 7,027.00 doors/frames/hardware Frames Hardware Distributors $ 2,700.00 Martin Architecture Hardware Hardware Distributors $ 1,775.00 Martin Architecture INCLUDED IN D/F Glazing Triangle Glass $ 2,087.00 Drywall DG Gilchrist $ 12,000.00 $i,000.00 $ 4,500.00 Waspco $ 10,640.00 $ 930.00 $ 350.00 $ 2,300.00 Liberty Craftsman $ 12,500.00 $1,698.00 $ 4,433.00 E Caligari $ 21,967.00 $1,306.00 Acoustical Ceiling Brock $ 3,764.00 $1,343.00 $ 960.00 Paul Barbour $ 8,555.00 $1,i9o.00 $ 803.00 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 Flooring Brock $ 4,875.00 $1,687.00 $3,730.00 $ 4,640.00 LDR $ 3,620.00 $ 700.00 $3,340.00 $ 3,750.00 Sharp Charter $ 3,580.00 $ 300.00 $3,156.00 $ 3,844.00 Paint OC Mitchell $ 6,190.00 $ 300.00 $ 1,470.00 Dixie Coating $ 6,780.00 $ 525.00 $ 385.00 $ 125.00 $ 2,375.00 Fire Sprinkler Blackstone $ 5,200.00 600 for capping in ceiling $ 1,100.00 FLSA $ 5,269.00 $ 1,186.00 Crawford $ 8,985.00 $ 300.00 $ 1,650.00 Crossroads $ 5,527.00 $ 1,197.00 Plumbing Hockaday $4,780.00 Global Plumbing $5,500.00 HVAC Trademasters $ 17,850.00 $ 5,540.00 Hockaday $ 20,600.00 $ 5,700.00 Electrical Freedom Electric $ 22,400.00 $1,200.00 $ 3,000.00 Champion $ 25,671.00 $1,847.00 $ 2,961.00 JC Electric $ 40,000.00 $2,500.00 System Elect $ 23,305.00 $1,998.00 $ 10,000.00 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 All PRICING PROPOSAL 'r EST 1896 E. CALIGARI & SON — PAINTING CONTRACTORS — 1333 Ingleside Road I Norfolk,VA 23502 Office:757.853.4511 Date: November 5th, 2020 Project: Orange Co Whitted Building Attention: Estimating Location: Hillsborough, NC We are pleased to submit a proposal for the above referenced project. Our pricing is based on the plans, specifications and clarifications noted below. Drawings: Drawings Dated 10/09/2020 Total Base Bid: $6,710.00 Inclusions: Interior Painting per plans and finish schedule notated above / Caulking of painted to painted surfaces. Pricing is based on Sherwin Williams products. Exclusions: Areas Outside Limits of Construction/ Floors / Stain/ Casework Add Alternate #1: Furnish and install drywall partition assemblies and hollow metal frames + $21,967 Add Alternate #2: Furnish and install M20C partitions in Coffee 213 + $1,306 Add Alternate #3: Furnish and install new ACT in Coffee 213 + $984 Respectfully, Jeff Hamele / Project Manager/ 757.620.4937 /Jeff@cp1896.com PAYMENT DUE UPON COMPLETION ON CONTRACT UNDER$3,000.00;ANY CONTRACT OVER$3,000.00 WILL BE BILLED ON A PERCENTAGE BASIS MONTHLY.A CHARGE OF 3%APPLIES TO CREDIT CARD PAYMENTS;VISA,MASTERCARD,DISCOVER,AMERICAN EXPRESS AND DEBIT CARD.A charge of 1 1/2%per month or 18%per year will be applied to all accounts over 30 days.Any account turned over to an attorney for collection will be charged reasonable attorney fees.All applicable sales and use taxes are included.If your company issues separate contract or purchase order,this proposal will become a part of same.All material is guaranteed to be as specified.All work to be completed in a workmanlike manner according to standard practices.Any alteration or deviation from the specifications involving extra cost will be executed only upon written orders,and will become an extra charge over and above the estimate.All agreements contingent upon strikes,accidents or delays beyond our control.Owner to carry fire,tornado and other necessary insurance. Our workers are fully covered by workmen's compensation insurance.THIS PROPOSAL SUBJECT TO CHANGE IF NOT ACCEPTED IN THIRTY DAYS. DocuSign Envelope ID: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 PAUL BARBOUR & SON, INC. Acoustical Ceiling and Flooring Contractors Fuquay-Varina Office P.O.Box 1129 Fuquay-Varina,North Carolina 27526 Telephone 919.552.0747 Telefax 919.552.0646 Job Quotation Job: Orange County Whitted Location : Hillsborough, NC Estimator: Bryan Barbour Date : 11/4/2020 Base Bid-Make Modifications to ceiling grid to accommodate walls being put in. 40% New tile is figured. Total Price: $8,555.00 Alternate#1 -Provide 100 sq.ft.of Acoustical Ceiling replacement. Price to provide and install Armstrong #7300 Prelude XL 15/16"Grid System and Armstrong#1941 Ultima Tegular Ceiling tile. No demo is included. Price does not include any repair work other than the alternate work to room 213 coffee. Total Price: $1,190.00 Alternate#4-Provide labor to replace ceiling tiles where lights are relocated. Add: $803.00 Terms: This Quote may be withdrawn by us if not accepted within 30 days. This Quote is based upon material specified or their known equal unless stated otherwise. If bonding is required,its cost will be extra. No leveling of subfloors included in this quotation unless so stated above. All Taxes and Insurance are included. No Demolition included in this quotation unless so stated above. Cleaning or Waxing of installed floor coverings not included unless stated otherwise. Installation of border ceiling tiles as a separate activity from installation of full tiles will require an extra charge. Ad/Rd/?Ald 1R• d1 glg777A7F7 LIBERTY CRAFTSMAN PAGE 02/02 DocuSign Envelope ID: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 Liberty Craftsman Company 816 N.Homer Blvd- Sanford,N.C.27330 Tel.(919)777-5182/Fax(919)777-0757 PROPOSAL "Zone Certified (MBE/WBE/VOSB) DAT)E! 11/5/20 GC: Estiewtor: JOB NAME.- Orange Co.EWergeacy Office LOCATION!Hillsboro,NC JosulatlowLigltt Gauge.Metal Framing/Gypsum Wallboard/ACT Qualifications Lay out of our work ftm control lines provided by others.Lay out must be done before framing starts Lay out of opmjQgs in walls and hard ceilings by others.Lay out must be done before laming starts Light ga.interior Metal,stud walls as indicated on interior wall types sheet A001.,AD interior metal studs to be EQ to 20 ga Frostud Resilient channel as indicated in drawings Installation of Hlbl door frames in ztew interior metal stud wails only.f'ratnes shall be furnish by others,labeled and stocked in the work area by others GWB soffits and ceilings as indicated in drawings Rework existing ACT to accommodate new lights layout&reinstall existing ceiling tiles All exposed GWB will receive a level 4 finish-All unexposed GWB shall be taped only COntrOl joins where clearly indicted in drawings. All was quoted per bid set of drawings dated 10/9/2020 and includes 3 addendums General contractor shall furnisb temporary power,heat, Water, lighting, trash chute,forklift with trash bucket and building access opening and/or service elevator for hoisting mak TWs/toots Drywall debris will be placed In an on-site dutppster provided by the General Contractor at no cost to Liberty Craftsman Co- Excluslous No demo is included;No furnishing or installing access doors;No engineering and/or shop drawing;No plywood,wood blocking and/or any wood products;No paint;No cornet guards labor and/or nuderials,No acoustical wall panels;No reveals/Wm;No Caulking/sealant,No SAB above ACT NO aluminum door Haloes labor and/or materials;No spray on fire proofing;No fluid applied/self adhered air/Misture barrier;No finishing the backer board joints;No overtime,weekends and/or night work;No as build drawings; No patch/repair G";No pernfits or fees;No plaster;No stucco;No EIFS;No spray on tbertnal WSUlation;No cement fiver soffit board;No finish texture,popcorn,orange pill,etc-;No welding;N4 brick tics labor and/or materials;No expansion joint covers;No aluminum covers;No tear away be at interior of mullion;No backer rod;No metal wall panels NO gypsum fiber cover board,No furring for insuhftd(petal wall panels;No SAB;No temporary walls;No'work on existing to remain G" walls;No work m the basement We,hereby propose to furnish labor and material-complete in accordance with the above specifications,for the sure of. Base Bid $12,500.00 Alternate 1 $ 1,698.00 ADD Alternate 4 $ 4,433.00 ,gyp All matedai is guaranteed to be as specified-ftyment is blweekly.All work to be mnplcted in a.workmanlike mauner according to standard practices and during normal working hours.Any alteration or deviation&M above specifoations involving extra cost will be mecuted only upon writbo orders,and will become an extra charge over and ab vc the estimates at the rate of$45.00 an Hour.All agreements arc contingent upon 5611ces,accident or delays beyond our control.Tb15 proposal is subject to acceptance within 30 days and is void thereafter at the option of the undersigned.This proposal shell.become a binding part of the subrontraet. Authorized Signature Vicente M..Espinoza Laerty Crgfhman Co. 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E-lIddn 33Idd0 A�N3Dlf3W3 A1NnO:)3�9N"O Lu `q \�� ~ < _pow =11111111 ma: Wo a �N-o oaW w-- 00 o � w wp xg IS a� w o zo eUM o U k8W msWA 08 5.2 «z� a O = u .......... ti t 'EM TITI m$� aeSH -- o O ® p s8 sao� gg� o O __ Q wsN>mmoNammoN N��n nnna< m 0(0(0 " o = nm w ---------------------- y� y o .Zb,9 n O z _ 3MBtl �� p ao a a w 1.w w w w ° w w w w w w w w w•v•� - m h `za o 0 n®�o LL Elm o� - rc 3AOHtl,9 NO .Z9 � pp �aras g Hit � 8 0'+ 9noae - 3€Y� 0 3 z c o 1 p a w "J _ w RN 1 o N!"! o o ygY� Y 8gg DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 SLZLZ JN'H9no'do9S711IH'IDDH1S NO k'dl M 00£ �r b S9'*• w e0°�`e ielei'°° �""�s xoe o°� ° .LLNnOO 39NV*dO ONIl�33NION3 e=P DNIumns 0311IHM ti. y�lu3 aLL W : . =v"s;-1Iddn 33Idd0 A�N3Dlf3W3 A1NnO:)3�9N"O M Spow =� °m,m�m WN Lu § '2ro'�% • • � - w 8 11000 g "0D1014A� �� Ow a " s �o - ��E✓ o _ Sao 8 SFq=y� , °t �= t G o40m- SY WL R i oi° -K EM- a sp w =n �Fg- �W� < �� Wog 7 0_w 3.,W gceNeW NNao s-iYmW -w �W4a e€ = � ae y ¢ €�wo r sit o a �g o n o �_� gm 2-9 s= v " €� �€ M .Wx Nam Rc € �j &W o g �� a W 9" e a oa �s � W o WbW W as W pig � W DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 ORANGE COUNTY NORTH CAROLINA Orange County Emergency Office Upfit Whitted Building Orange County, North Carolina Bid Manual Issued for Bid October 9, 2020 HH Architecture 1100 Dresser Court Raleigh, NC 27609 (919) 828-2301 phone (919) 828-2303 fax www.hh-arch.com HH Project # 19-099 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 DocuSign Envelope ID: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 Orange County Emergency Office Upfit - Issued for Bid Whiffed Building 10/09/2020 ADVERTISEMENT FOR BIDS Sealed proposals will be received by Mr. Steven Arndt until 2:00 pm on November 5,2020, at Orange County Richard E.Whitted Human Services Building,Main Meeting Room 230, 300 W. Tryon Street, Hillsborough,NC 27278, for the construction of Orange County Emergency Office Upfit-Whitted Building, at which time and place bids will be opened and read. Contractors interested in bidding as prime bidders are required to attend the open pre-bid and preferred brand alternates meeting,which will be held on October 19,2020 at 2:00 pm, at Orange County Richard E. Whitted Human Services Building,Main Meeting Room 230, 300 W. Tryon Street, Hillsborough,NC 27278. A site visit will follow. In accordance with GS 133-3,this meeting will identify the following preferred brand items,which are being considered as alternates by the owner for this project: Carpet tile by Mohawk. Complete plans and specifications for this project can be obtained by contracting HH Architecture, 1100 Dresser Court,Raleigh,NC 27609,phone(919) 828-2301, email nzastrowkhh-arch.com after October 13,2020. Orange County Board of Commissioners reserves the unqualified right to reject any and all proposals. No bids may be withdrawn after the scheduled closing time for receipt of bids for a period of 30 days. Architect: HH Architecture 1100 Dresser Court Raleigh,NC 27609 919-828-2301 phone Signed: Steven A. Arndt Orange County AMS Director 300 W. Tryon Street Hillsborough,NC 27278 919-245-2658 phone Advertisement For Bids AD - 1 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 DocuSign Envelope ID: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 Orange County Emergency Office Upfit - Issued for Bid Whitted Building 10/09/2020 NOTICE TO BIDDERS Sealed proposals will be received by Mr. Steven Arndt, at Orange County Richard E. Whitted Human Services Building,Main Meeting Room 230, 300 W. Tryon Street, Hillsborough,NC 27278,up to 2:00 pm on November 5,2020,and immediately thereafter publicly opened and read for the furnishing of labor,material, and equipment entering into the construction o£ Orange County Emergency Office Upfit-Whitted Building This project is an office upfit of 2,795 SF within the Richard E. Whitted Human Services Building. The work consists of Level 2 Alterations for new partitions, doors, casework,misc. plumbing and electrical modifications, HVAC ductwork reconfiguration, structural reinforcing of select areas of the existing floor, and limited ceiling replacement. The overall building will be occupied and remain active during construction. Work areas in suites 211,220/230, and Corridor 200H unoccupied and available at the start of construction, and suite 250 becoming available following the start of construction. Bids will be received for single prime contractors. All proposals shall be lump sum. Pre-Bid and Preferred Brand Alternates Meeting Contractors are required to attend the pre-bid and preferred brand alternates meeting,which will be held on October 19,2020 at 2:00 pm,at Orange County Richard E. Whitted Human Services Building, Main Meeting Room 230, 300 W. Tryon Street,Hillsborough,NC 27278. The meeting will address project specific questions,issues,bidding procedures and bid forms. The meeting is also to identify preferred brand alternates and their performance standards that the Owner will consider for approval on this project. In accordance with General Statute GS 133-3, Specifications may list one or more preferred brands as an alternate to the base bid in limited circumstances. Specifications containing a preferred brand alternate under this section must identify the performance standards that support the preference. Performance standards for the preference must be approved in advance by the owner in an open meeting. Any alternate approved by the owner shall be approved only where(i)the preferred alternate will provide cost savings, maintain or improve the functioning of any process or system affected by the preferred item or items, or both, and(ii) a justification identifying these criteria is made available in writing to the public. In accordance with GS 133-3 and the following preferred brand items are being considered as Alternates by the Owner for this project: 0 Carpet tile by Mohawk Justification of any approvals will be made available to the public in writing no later than seven(7) days prior to bid date. Complete plans, specifications, and contract documents will be open for inspection after October 13, 2020,and Monday through Friday during normal office hours in the office of: Notice To Bidders NTB - 1 DocuSign Envelope ID: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 Orange County Emergency Office Upfit - Issued for Bid Whitted Building 10/09/2020 HH Architecture, 1100 Dresser Court, Raleigh,NC 27609, 919-828-2301 phone, 919- 828-2303 fax,www.hh-arch.com; Complete plans, specifications, and contract documents may be downloaded from HH Architecture by potential bidders. A full hard copy of the plans and specifications can be purchased at the Contractor's expense. NOTE: The bidder shall include with the bid proposal the form Identification of Minority Business Participation identifying the minority business participation it will use on the project and shall include either Affidavit A or Affidavit B as applicable. Forms and instructions are included within the Proposal Form in the bid documents. Failure to complete these forms is grounds for rejection of the bid. (GS143- 128.2c Effective 1/1/2002.) All contractors are hereby notified that they must have proper license as required under the state laws governing their respective trades. General contractors are notified that Chapter 87,Article 1, General Statutes of North Carolina,will be observed in receiving and awarding general contracts. General contractors submitting bids on this project must have license classification for Building. NOTE--SINGLE PRIME CONTRACTS: Under GS 87-1, a contractor that superintends or manages construction of any building,highway,public utility, grading, structure or improvement shall be deemed a"general contractor"and shall be so licensed. Therefore a single prime project that involves other trades will require the single prime contractor to hold a proper General Contractors license. EXCEPT: On public buildings being bid single prime,where the total value of the general construction does not exceed 25%of the total construction value, contractors under GS87-Arts 2 and 4(Plumbing,Mechanical &Electrical)may bid and contract directly with the Owner as the SINGLE PRIME CONTRACTOR and may subcontract to other properly licensed trades. GS87-1.1-Rules .0210 A performance bond and a payment bond will be required for one hundred percent(100%)of the contract price. Payment will be made based on ninety five percent(95%) of monthly estimates and final payment made upon completion and acceptance of work. No bid may be withdrawn after the scheduled closing time for the receipt of bids for a period of 30 days. The owner reserves the right to reject any or all bids and to waive informalities. Designer: HH Architecture 1100 Dresser Court Raleigh,NC 27609 919-828-2301 phone Notice To Bidders NTB - 2 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 Orange County Emergency Office Upfit - Issued for Bid Whitted Building 10/09/2020 Owner: Steven A. Arndt Orange County AMS Director 300 W. Tryon Street Hillsborough,NC 27278 919-245-2658 phone Notice To Bidders NTB - 3 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 Orange County Emergency Office Upfit - Issued for Bid Whitted Building 10/09/2020 Table of Contents Project: Orange County Emergency Office Upfit — Whitted Building Orange County, North Carolina HH # 19-099 Division 0: Procurement and Contracting Requirements Section Section Title # of No. Pages 001113 Advertisement for Bid 1 001115 Notice to Bidders 3 001120 Table of Contents 1 002113 Instructions to Bidders (A701) 8 003113 Electronic Bid Submission Instructions 2 004113 Bid Proposal Form 4 004339 Guidelines for Recruitment and Selection of 11 Minority Businesses for Participation 006000 Forms 2 007200 General Conditions of Contract 47 007210 Dispute Resolution and Rules and Procedures 5 007300 Supplemental General Conditions 2 008000 Construction Contract 10 009010 Special Conditions 3 HH Architecture Table of Contents DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 DocuSign Envelope ID: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 *- AIA Document A701 " - 2018 Instructions to Bidders for the following Project: (Name, location, and detailed descr•iplion) Orange County Emergency Office Upfit—Whitted Building ADDITIONS AND DELETIONS: 300 W.Tryon Street The author of this document has Hillsborough,NC 27278 added information needed for its THE OWNER: completion.The author may also (Name, legal status, address, and other information) have revised the text of the originalAIA standard form.An Additions and Deletions Report that notes added Orange County Street Government information as well as revisions to the 34U W.Tryon Sttreet standard form text is available from Hillsborough,NC 27278 the author and should be reviewed.A vertical line in the left margin of this THE ARCHITECT: document indicates where the author (Name, legal status, address, and other information) has added necessary Information and where the author has added to or HH Architecture deleted from the original AIA text. 1 100 Dresser Court Raleigh,NC 27609 This document has important legal consequences.Consultation with an attorney is encouraged with respect TABLE OF ARTICLESto its completion or modification. FEDERAL,STATE,AND LOCAL 1 DEFINITIONS LAWS MAY IMPOSE REQUIREMENTS ON PUBLIC 2 BIDDER'S REPRESENTATIONS PROCUREMENT CONTRACTS. CONSULT LOCAL AUTHORITIES 3 BIDDING DOCUMENTS OR AN ATTORNEY TO VERIFY REQUIREMENTS APPLICABLE TO 4 BIDDING PROCEDURES THIS PROCUREMENT BEFORE COMPLETING THIS FORM- S CONSIDERATION OF BIDS it is intended that AIA Document G612T"'-2017,Owner's Instructions 6 POST-BID INFORMATION to the Architect,Parts A and B will be completed prior to using this 7 PERFORMANCE BOND AND PAYMENT BOND document. 8 ENUMERATION OF THE PROPOSED CONTRACT DOCUMENTS AIA Document A701--2018.Copyright®1970,1974,1978,1987,1997 and 2018 by The American Institute of Architects.All rights reserved.The'Ameriean Institute of Architects,""AIA."the AIA Logo.and-AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AiA software at 17:27:45 ET on 07/16/2020 under Order No.9456894860 which expires on 07/09/2021,is not for resale,is licensed far one-time use only.and may only be used in accordance with the AIA Contract documents®Terms of Service.To report copyright violations,e-mail copyright(paia.crg, User Notes: (1383164016) DocuSign Envelope ID: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 ARTICLE 1 DEFINITIONS § 1.1 Bidding Documents include the Bidding Requirements and the Proposed Contract Documents.The Bidding Requirements consist of the advertisement or invitation to bid, Instructions to Bidders,supplementary instructions to bidders,tit bid form,and any other bidding forms.The Proposed Contract Documents consist of the unexecuted form of Agreement between the Owner and Contractor and that Agreement's Exhibits,Conditions of the Contract(General, Supplementary and other Conditions), Drawings,Specifications,all Addenda,and all other documents enumerated in Article 8 of these Instructions. § 1.2 Definitions set forth in the General Conditions of the Contract for Construction,or in other Proposed Contract Documents apply to the Bidding Documents. § 1.3 Addenda are written or graphic instruments issued by the Architect,which,by additions,deletions,clarifications,or corrections,modify or interpret the Bidding Documents. § 1.4 A Hid is a complete and properly executed proposal to do the Work for the sums stipulated therein,submitted in accordance with the Bidding Documents. § 1.5 The Base Bid is the sum stated in the Bid for which the Bidder offers to perform the Work described in the Bidding Documents,to which Work may be added or deleted by sums stated in Alternate Bids. § 1.6 A AItemate Bid(or Alternate)is an amount stated in the Bid to be added to or deducted from,or that does not change,the Base Bid if the corresponding change in the Work,as described in the Bidding Documents,is accepted. § 1.7 A Unit Price is an amount stated in the Bid as a price per unit of measurement for materials,equipment,or services, or a portion of the Work,as described in the Bidding Documents. § 1.8 A Bidder is a person or entity who submits a Bid and who meets the requirements set forth in the Bidding Documents. § 1.9 A Sub-bidder is a person or entity who submits a bid to a Bidder for materials,equipment,or labor for a portion of the Work. ARTICLE 2 BIDDER'S REPRESENTATIONS § 2,1 By submitting a Bid,the Bidder represents that: .1 the Bidder has read and understands the Bidding Documents; .2 the Bidder understands how the Bidding Documents relate to other portions of the Project,if any,being bid concurrently or presently under construction; .3 the Bid complies with the Bidding Documents; .4 the Bidder has visited the site,become familiar with local conditions under which the Work is to be performed,and has correlated the Bidder's observations with the requirements of the Proposed Contract Documents; .5 the Bid is based upon the materials,equipment,and systems required by the Bidding Documents without exception;and .6 the Bidder has read and understands the provisions for liquidated damages,if any,set forth in the form of Agreement between the Owner and Contractor. ARTICLE 3 BIDDING DOCUMENTS § 3.1 Distribution § 3.1.1 Bidders shall obtain complete Bidding Documents,as indicated below,from the issuing office designated in the advertisement or invitation to bid,for the deposit sum,if any,stated therein. (Indicate how, such as by email, website, host site/platform,paper copy, or other method Bidders.shall obtain Bidding Documents.) HH Architecture,nxastrow@hh-arch.com AIA Document A701"—2018.Copyright 0 1970,1974,1978,1987,1997 and 2018 by The American Institute of Architects.All rights reserved.The"American Institute or Architects.""Al A,"the A I A Logo,and"A1A Contract DOCUments-are registered trademarks and may not be used without permission.This document was produced by AIA software at 17:27:45 ET on 0 711 612 020 under Order No.9456894860 which expires on 07/0912021.is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract❑ocumentss Terms or Service.To report copyright viola trans,e-mail copy rightoala.org. User Notes: (1383164016) DocuSign Envelope ID: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 § 3.1.2 Any required deposit shall be refunded to Bidders who submit a bona fide Bid and return the paper Bidding Documents in good condition within ten days after receipt of Bids.The cost to replace missing or damaged paper documents will be deducted from the deposit.A Bidder receiving a Contract award may retain the paper Bidding Documents,and the Bidder's deposit will be refunded. § 3.1.3 Bidding Documents will not be issued directly to Sub-bidders unless specifically offered in the advertisement or invitation to bid,or in supplementary instructions to bidders. § 3.1.4 Bidders shall use complete Bidding Documents in preparing Bids.Neither the Owner nor Architect assumes responsibility for errors or misinterpretations resulting from the use of incomplete Bidding Documents. §3.1.5 The Bidding Documents will be avai€able for the sole purpose of obtaining Bids on the Work.No license or grant of use is conferrers by distribution of the Bidding Documents. § 3.2 Modification or Interpretation of Bidding Documents § 3.2.1 The Bidder shall carefully study the Bidding Documents,shall examine the site and local conditions,and shall notify the Architect of errors,inconsistencies,or ambiguities discovered and request clarification or interpretation pursuant to Section 3.2.2. § 3.2.2 Requests for clarification or interpretation of the Bidding Documents shall be submitted by the Bidder in writing and shall be received by the Architect at least seven days prior to the date For receipt of Bids. (Indicate how,such as by email, website,host silelplalfol•m,paper copy, or other method Bidders shall submit requests for clarification and interpretation.) nxastrow@hh-arch.com § 3.2.3 Modifications and interpretations of the Bidding Documents shall be made by Addendum.Modifications and interpretations of the Bidding Documents made in any other manner shall not be binding,and Bidders shall not rely upon them. § 3.3 Substitutions § 3.3.1 The materials,products,and equipment described in the Bidding Documents establish a standard of required function,dimension,appearance,and quality to be met by any proposed substitution. § 3.3.2 Substitution Process § 3.3.2.1 Written requests for substitutions shall be received by the Architect at least ten days prior to the date for receipt of Bids.Requests shall be submitted in the same manner as that established for submitting clarifications and interpretations in Section 3.2.2. § 3.3.2.2 Bidders shall submit substitution requests on a Substitution Request Form if one is provided in the Bidding Documents. § 3.3.2.3 if a Substitution Request Form is not provided,requests shal€ include(l)the name of the material or equipment specified in the Bidding Documents;(2)the reason for the requested substitution;(3)a complete description of the proposed substitution including the name of the material or equipment proposed as the substitute,performance and test data,and relevant drawings;and(4)any other information necessary for an evaluation.The request shall include a statement setting forth changes in other materials,equipment,or other portions of the Work,including changes in the work of other contracts or the impact on any project Certifications(such as L E ED),that will result from incorporation of the proposed substitution. § 3.3.3 The burden of proof of the merit of the proposed substitution is upon the proposer.The Architect's decision of approval or disapproval of a proposed substitution shall be final. § 3.3.41f the Architect approves a proposed substitution prior to receipt of Bids,such approval shall be set forth in an Addendum.Approvals made in any other manner shall not be binding,and Bidders shall not rely upon them. AIA Doc umontA701'-2048.Copyright 0 1970,1974,1978,1987.4997 and 2018 by The American Institute of Architects.All rights reserved.The"American i wqIJ Lute of Architects."WA."the AiA Logo.and-AIA Contract Documents"are registered trademarks and may not be used without permission This document was produced by AIA software at 17:27 45 ET on 0 711612020 under Order No.9456894860 which expires on 07/09/2021.is net for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Docu mentO Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes. (1383184016) DocuSign Envelope ID: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 § 3.3.5 No substitutions will be considered after the Contract award unless specifically provided for iit the Contract Documents. § 3.4 Addenda § 3.4.1 Addenda will be transmitted to Bidders known by the issuing office to have received complete Bidding Documents. (Indicate how, such as by email, website, host sitelplatform,paper copy, or other method Addenda will be transmitted) via email § 3.4.2 Addenda will be available where Bidding Documents are on file. § 3.4.3 Addenda will be issued no later than four days prior to the date for receipt of Bids,except an Addendum withdrawing the request for Bids or one which includes pos€ponement of the date For receipt of Bids. § 3.4.4 Prior to submitting a Bid,each Bidder shall ascertain that the Bidder has received all Addenda issued,and the Bidder shall acknowledge their receipt in the Bid. ARTICLE 4 BIDDING PROCEDURES § 4.1 Preparation of Bids § 4.1.1 Bids shall be submitted on the forms included with or identified in the Bidding Documents. § 4.1.2 A]I blanks on the bid form shall be legibly executed.Paper bid Forms shall be executed in a non-erasable medium. § 4.13 Sums shall be expressed in both words and numbers,unless noted otherwise on the bid form.In case of discrepancy,the amount entered in words shall govern. § 4.1.4 Edits to entries made on paper bid forms must be initialed by the signer of the Bid. § 4.1.5 All requested AItentales shall be bid.If no change in the Base Bid is required,enter"No Change"or as required by the bid form. § 4.1.6 Where two or more Bids for designated portions of the Work have been requested,the Bidder may,without forfeiture of the bid security,state the Bidder's refusal to accept award of less than the combination of Bids stipulated by the Bidder.The Bidder shall neither make additional stipulations on the bid form nor qualify the Bid in any other manner. § 4.11 Each copy of the Bid shall state the legal name and legal status of the Bidder. As part of the documentation submitted with the Bid,the Bidder shall provide evidence of its legal authority to perform the Work in the jurisdiction where the Project is located.Each copy of the Bid shall be signed by the person or persons legally authorized to bind the Bidder to a contract.A Bid by a corporation shall further name the state of incorporation and have the corporate seal affixed.A Bid submitted by an agent shall have a current power of attorney attached,certifying the agent's authority to bind the Bidder. § 4.1.8 A Bidder shall incur all costs associated with the preparation of its Bid. § 4.2 Bid Security §4.2.1 Each Bid shall be accompanied by the following bid security: (Insert the form and amount of bid security.) NIA § 4.2.2 The Bidder pledges to enter into a Contract with the Owner on the terms stated in the Sid and shall,if required, furnish bonds covering the faithful performance of the Contract and payment of all obligations arising thereunder.Should the Bidder refuse to enter into such Contract or fail to furnish such bonds if required,the amount of the bid security shall be forfeited to the Owner as liquidated damages,not as a penalty. In the event the Owner fails to comply with Section 6.2, the amount of the bid security shall not be forfeited to the Owner. AIA Doc urttentA701"-201a.Copyright®1970,1974,1978,1987,1997 and 2018 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,"AIA,'the AIA Logo.and"AIA Contract Documents'are registered trademarks and may not be used without permission This documentwas 4 produced by AIA software at 17:27 46 ET on 07/16/2020 under Order No.9466694860 which expires on 0710912021.is not For resale,is licensed For one-time use only,and may only be used in accordance with the AIA Contract DoeumentO Terms of Service.To report copyright violations,e-mail copy right@ais org. User Notes: (1383164016) DocuSign Envelope ID: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 § 4.2.3 If a surety bond is required as bid security,it shall be written on A[A Document A3 IOTM,Bid Bond,unless otherwise provided in the Bidding Documents.The attorney-in-fact who executes the bond on behalf of the surety shall affix to the bond a certified and current copy of an acceptable power of attorney.The Bidder shall provide surety bonds from a company or companies lawfully anthorized to issue surety bonds in the jurisdiction where the Project is located. § 4.2.4 The Owner will have the right to retain the bid security of Bidders to whom an award is being considered until(a) the Contract has been executed and bands,if required,have been furnished;(b)the specified time has elapsed so that Bids may he withdrawn;or(c)all Bids have been rejected.However,if no Contract has been awarded or a Bidder has not been notified of the acceptance of its Bid,a Bidder may,beginning days after the opening of Bids,withdraw its Bid and request the return of its bid security. § 4,3 Submission of Bids § 4.3.1 A Bidder shall submit its Bid as indicated below: (Indicate how,such as by website, host silelpla�form,paper copy, or other method Bidders shall submit their Bid) See Bid Manual § 4.3.2 Paper copies of the Bid,the bid security,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 shall be identified with the Project name,the Bidder's name and address,and,if applicable,the designated portion of the Work for which the Bid is submitted.I f 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. § 4.3.3 Bids shall be submitted by the date and time and at the place indicated in the invitation to bid.Bids submitted after the date and time for receipt of Bids,or at an incorrect place,will not be accepted. § 4.3.4 The Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. § 4.3.5 A Bid submitted by any method other than as provided in this Section 4.3 will not be accepted. § 4.4 Modification or Withdrawal of Bid § 4.4.1 Prior to the date and time designated for receipt of Bids,a Bidder may submit a new Bid to replace a Bid previously submitted,or withdraw its Bid entirely,by notice to the party designated to receive the Bids.Such notice shall be received and duly recorded by the receiving party on or before the date and time set for receipt of Bids.The receiving party shall verify that replaced or withdrawn Bids are removed from the other submitted Bids and not considered.Notice of submission of a replacement Bid or withdrawal of a Bid shall be worded so as not to reveal the amount of the original B id. § 4.4.2 Withdrawn Bids may be resubmitted up to the date and time designated for the receipt of Bids in the same format as that established in Section 4.3,provided they fully conform with these Instructions to Bidders.Bid security shall be in an amount sufficient for the Bid as resubmitted. § 4.4.3 After the date and time designated for receipt of Bids,a Bidder who discovers that it made a clerical error in its Bid shall notify the Architect of such error within two days,or pursuant to a time frame specified by the law of the jurisdiction where the Project is located,requesting withdrawal of its Bid. Upon providing evidence of such error to the reasonable satisfaction of the Architect,the Bid shall be withdrawn and not resubmitted.If a Bid is withdrawn pursuant to this Section 4.4.3,the bid security will be attended to as follows: (Vate the terms and conditions, such as Bid rank for returning or retaining the bid security.) NIA ARTICLE 5 CONSIDERATION OF BIDS § 5.1 Opening of Bids If stipulated in an advertisement or invitation to bid,or when otherwise required by law,Bids properly identified and received within the specified time limits will be publicly opened and read aloud.A summary of the Bids may be made available to Bidders. AIA Document A701"—2018.Copyright 1970.1974,1978,1987,1997 and 2018 by The American Institute of Architects.All rights reserved.The'American Institute of Architects,""AIA,"the Ai Logo,and"AIA Contract Documents are registered trademarks and may not be used without permission.This document was produced by AIA software at 17-27:45 ET on 0 711 6/2 0 20 under Order No.9456894860 which expires on 0 71091202 1,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract DocumentsO Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (1383164016) DocuSign Envelope ID: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 § 5.2 Rejection of Bids Unless otherwise prohibited by law,the Owner shall have the right to reject any or all Bids. § 5.3 Acceptance of Bid (Award) § S.3.1 It is the intent of the Owner to award a Contract to the lowest responsive and responsible Bidder,provided the Bid has been submitted in accordance with the requirements of the Bidding)documents.Unless otherwise prohibited by law, the Owner shall have the right to waive informalities and irregularities in a Bid received and to accept the Bid which, in the Owner's judgment,is in the Owner's best interests. § 5,3.2 Unless otherwise prohibited by law,the Owner shall have the right to accept Alternates in any order or combination,unless otherwise specifically provided in the Bidding Documents,and to determine the lowest responsive and responsible Bidder on the basis of the sum of the Base Bid and Alternates accepted. ARTICLE 6 POST-BID INFORMATION § 6.1 Contractor's Qualification Statement Bidders to whom award of a Contract is under consideration shall submit to the Architect,upon request and within the timeframe specified by the Architect,a properly executed AIA Document A305TM,Contractor's Qualification Statement, unless such a Statement has been previously required and submitted for this Bid. § 6.2 Owner's Financial Capability A Bidder to whom award o f a Contract is under consideration may request in writing,fourteen days prior to the expiration of the time for withdrawal of Bids,that the Owner furnish to the Bidder reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract.The Owner shall then Furnish such reasonable evidence to the Bidder no later than seven days prior to the expiration of the time for withdrawal of Bids. Unless such reasonable evidence is furnished within the allotted time,the Bidder will not be required to execute the Agreement between the Owner and Contractor. § 63 Submittals § 6.3.1 After notification of selection for the award of the Contract,the Bidder shall,as soon as practicable or as stipulated in the Bidding Documents,submit in writing to the Owner through the Architect: .1 a designation of the Work to be performed with the Bidder's own forces; .2 names of the principal products and systems proposed for the Work and the manufacturers and suppliers of each;and ,3 names of persons or entities(including those who are to furnish materials or equipment fabricated to a special design)proposed for the principal portions of the Work. § 6.3.2 The Bidder will be required to establish to the satisfaction of the Architect and Owner the reliability and responsibility of the persons or entities proposed to furnish and perform the Work described in the Bidding Documents. § 6.3.3 Prior to the execution of the Contract,the Architect will notify the Bidder if either the Owner or Architect,after due investigation,has reasonable objection to a person or entity proposed by the Bidder. If the Owner or Architect has reasonable objection to a proposed person or entity,the Bidder may,at the Bidder's option,withdraw the Bid or submit an acceptable substitute person or entity.The Bidder may also submit any required adjustment in the Base Bid or Alternate Bid to account for the difference in cost occasioned by such substitution.The Owner may accept the adjusted bid price or disqualify the Bidder. In the event of either withdrawal or disqualification,bid security will not be forfeited, § 6.3,4 Persons and entities proposed by the Bidder and to whom the Owner and Architect have made no reasonable objection must be used on the Work for which they were proposed and shall not be changed except with the written consent of the Owner and Architect. ARTICLE 7 PERFORMANCE BOND AND PAYMENT BONG? § 7.1 Bond Requirements § 7.1.1 If stipulated in the Bidding Documents,the Bidder shall furnish bonds covering the faithful performance of the Contract and payment of all obligations arising thereunder. AFA Documant A7011`-2010.Copyright C 1970,1974.1978.1987.1997 and 2018 by The American Institute of Architects.A l rights reserved.The"American Institute of Architects."'AIA,-the Al Logo,and"AIA Contract Documents'are registered trademarks and may not be used with0Lit permission.This document was 6 produced by AIA software at 17 27:45 ET on 07/16/2020 under Defer N0.9456894HO which expires on 071=021,is not for resale,is licensed For one-time use only,and may only be used in accordance with the AIA Contract Aocumentss Terms of Service.To report copyright violations,e-mail copyright@aie.org, User Notes: (1383164016) DocuSign Envelope ID: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 § 7.1.2 If the furnishing of such bonds is stipulated in the Bidding Documents,the cost shall be included in the Bid. if the furnishing of such bonds is required after receipt of bids and before execution of the Contract,the cost of such bonds shall be added to the Bid in determining the Contract Sum. § 7.1.3 The Bidder shall provide surety bonds from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where the Project is located. § 7.1.4 Unless otherwise indicated below,the Penal Sum of the Payment and Performance Bonds shall be the amount of the Contract Sum. (#Payment or Performance Bonds are la he in an amount other than 100%of the Contract Sum, indicate the dollar amount or percentage of the Contract Sum.) § 7.2 Time of Delivery and Form of Bonds § 7.2.1 The Bidder shall deliver the required bonds to the Owner not later than three days following the date of execution of the Contract. If the Work is to commence sooner in response to a letter of intent,the Bidder shall,prior to commencement of the Work,submit evidence satisfactory to the Owner that such bonds will be furnished and delivered in accordance with this Section 7.2.1. § 7.2.2 Unless otherwise provided,the bonds shall be written on AIA Document A312,Performance Bond and Payment Bond. § 7.2.3 The bonds shall be dated on or after the date of the Contract. § 7.2.4 The Bidder shall require the attorney-in-fact who executes the required bonds on behalf of the surety to affix to the bond a certified and current copy of the power of attorney. ARTICLE 8 ENUMERATION OF THE PROPOSED CONTRACT DOCUMENTS § 8.1 Copies of the proposed Contract Documents have been made available to the Bidder and consist of the following documents: 1 AIA Document A 101Tm-20 17,Standard Farm of Agreement Between Owner and Contractor,unless otherwise stated below. (Insert the complete A[A Document number, including year, and Document title.) Orange County Construction Agreement under$250,000. Rev. 1 1119 .2 ADA Document A101T&I-20I7,Exhibit A,Insurance and Bonds,unless otherwise stated below. (Insert the complete AIA Document number, including year, and Document title.) Orange County Construction Agreement under$250,000.Rev 11119 .3 Al Document A201 TM-20 17,General Conditions of the Contract for Construction,unless otherwise stated below. (Insert the complete AIA Document number, including year, and Document title) Orange County General Conditions of the Contract for Construction—Exhibit 1.Rev. i 1119 .4 AIA Document E203T14-2013,Building Information Modeling and Digital Data Exhibit,dated as indicated below: (Insert the date of the C203-2013J .5 Drawings AIA Document A7D1'—2D18.Copyright®1970.1974.1978.1987.1997 and 2018 by The American Institute of Architects,All rights reserved.The"American Institute of Architects,""AIA,"ihe AIA Logo,and"AIA Contract Documents-are registered Trademarks and may not be used withoot permission.This document was produced by AIA software at 17:27:45 ET on 07/16/2020 under Order No.9456894860 which expires on 0710912021,is not for resale,is licensed for one-time use only.and may only be used in accordance with the AIA Contract Documents'a Terms of Service.To report copyright violations,e-mail copyright(paia.org. User Notes: (1383164016) DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 Number Title Date .6 Specifications Section Title Date Pages .7 Addenda: Number Date Pages ,$ Other Exhibits: (Check all boxes that apply and include appropriate information identifying the exhibit where required.) [ ] AIA Document E204T14-2017,Sustainable Projects Exhibit,dated as indicated below: (Insert the date of the E204-2017) [ ] The Sustainability Plan: Title Date Pages [ ] Supplementary and other Conditions of the Contract: Document Title Date Pages .9 Other documents listed below: (List here any additional documents that are intended to form part of the Proposed Contract Documents.) A!A Document ATGI'"—2018.Copyright®1970,1974,1978,1987,1997 and 2018 by The American Institute of Architects.Ah rights reserved.The`American Institute of Architects.""AIA,"the AIR Lego,and"AlA Contract Documen%"are registered Irademarks and may not be used without permission.This document was 8 produced by AIA software at 17:27A5 ET on 0 7/1 5120 2 0 under Order No-9456894860 which expires on 07/0912021,is not for resale,is k0ensed for one-time use only,and may only be used in accordance with the AIA Contract t7ocu men W Terms of Service.To report copyright violations,e-mail copyright®aia.org. Us or Notes: (1383164016) DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 Additions and Deletions Report for AIAqP Document A 701 TM-- 2018 This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added to the standard form AIA document in order to complete It,as well as any text the author may have added to or deleted from the original AIA text.Added text is shown underlined.Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated Al document.This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 17:27:45 ET on 0 711 612 0 2 0. PAGE1 Orange County Entergency Office Upfit—Whitted Building 300 W.Tryon Street Hillsborough,NC 27278 Orange County Government 300 W.Tryon Street Hillsborough-NC 27278 HH Architecture 1100 Dresser Court Raleiih,NC 27609 PAGE 2 HH Architecture,_nzastrowAhh-arch.com PAGE 3 nzastrow@hh-at-ch.com PAGE 4 via email NIA PAGE 5 aee_Bid Manua] NIA PAGE 7 Orange County Construction_Agreement under$250,000.Rev. l 1/19 Orange County Construction Agreement under 250 000.Rev 1 1114 Additions and Deletions Report for AFA Document A701'—2018.Copyright 0 1970,1974,1278.1987,1997 and 2018 by The American Institute of Architects. All rights reserved.The"American Institute of Architects,""AIA,"the AIA logo,and"AIA Contract Documents are registered trademarks and may not be used without perrniss!on.This document was produced by AIA software at 17:27:45 ET on 07/1612020 under Order No.9456894860 which expires on 07/0912021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail copyright@ae-org. User Notes: (1303164016) DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 Orange County General Conditions of the Contract for Construction-Exhibit L Rev. 11/19 Additions and Deletions Report far AIA Document A701"—2018.Copyright O 1970.1974,1978.1987.1997 and 2018 by The American Institute of Architects. All rights reserved.The"American Institute of Architects,""AIA."the Ai Logo.and-A IA Contract Documents"are registered trademarks and may not be used 2 without permission This document was produced by AEA Software at 1727A5 ET an G711612020 under Order Na.9456894860 which expires an 071091202 1.is not for resale,is licensed for one-fime use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail copyright@aia.org. User Notes: (1383164016) DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 Certification of Document's Authenticity AW Document D401 TM —2003 I,Nicholas Zastrow,hereby certify,to the best of my knowledge,information and belief,that l created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 17:27:45 ET on 07/16/2020 under Order No. 9456894860 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIAI Document A 70 1 Tit—2018,Instructions to Bidders,as published by the AIA in its software,other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) WAMTY (Title) Ld.JG�J (Dat d) AIA Document D401 Im—2003.Copyright®1992 and 2003 by The American Institute of Architects.All rights reserved.The-American institute of Architects,' "AIA,-tha AIA Logo,and"AlA Contract Documents"are registered Ira de marks and may nol be used without permission This document was produced by AtA software at 17:27:45 ET on 07M612020 under order No.9456894860 which expires on 0 710 912 0 2 1,is not for resale.is licensed for one-time use only,and may only be used in accordance with the AIA Contract Dow ments®Terms of Service.To report copyright violatlons,e-mail copy right@4�iia.org, User Notes: (1383164016) DocuSign Envelope ID: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 Orange County Emergency Office Upfit - Issued for Bid Whitted Building 10/09/2020 ELECTRONIC BID SUBMISSION INSTRUCTIONS Project Name: Orange County Emergency Office Upfit—Whitted Building Proposals may be received by the Facility Operations and Construction Division by electronic submission until 2:00 PM on November 5,2020. Submissions shall be addressed to the County project manager,Steven Arndt. Requirements regarding completeness of the Bid/Acceptance Form and required attachments are located in the project's specification manual in the Instructions to Bidders. This notification modifies the Instructions to Bidders Section 002113 for this project effort as follows: Receipt of Bids: Proposals submitted by electronic mail (email) as follows: 1. SEND TO: a. Orange County Asset Management Services (AMS)—Steven Arndt sarndtnoran eg coun, nc._ov 2. COPY TO: a. Project Architect HH Architecture—Nicholas Zastrow nzastrowkhh-arch.com 3. SUBJECT (insert on email's subject line,the following): a. Orange County Emergency Office Upfit-BID PROPOSAL 4. EMAIL BODY (in lieu of requirements for opaque envelope, insert the following information into the email's body): a. Proposal for Orange County Emergency Office Upfit— Whitted Building b. Name of Bidder c. Contractor's License Number 5. ATTACHMENTS: a. All files shall be in Portable Document Format(PDF): b. Include Bidders name and document type in files names (Example: ABConst- Bid Form.pdf) c. Attachments that must be included: i. Bid/Acceptance Form ii. Identification of Minority Business Participation (Affidavit A or Affidavit B as applicable) 6. Orange County will acknowledge receipt of Bidder submission by email. The acknowledgment shall include the date and time of the proposal's arrival at Orange County. 7. Bidding will be closed at the designated time. Electronic Bid Submission Instructions EBSI - 1 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 Orange County Emergency Office Upfit - Issued for Bid Whitted Building 10/09/2020 Opening of Bids: 1. The Bid Proposals will be compiled by the Project Manager and organized in a folder by time of arrival. The folder will be shared for opening with the Architect. The Project Manager will open bids(both electronic and physical documents) and read aloud with the Architect and Executive Assistant. Electronic Bid Submission Instructions EBSI - 2 DocuSign Envelope ID: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 Orange County Emergency Office Upfit - Issued for Bid Whiffed Building 10/09/2020 SECTION 004113-BID FORM- STIPULATED SUM(SINGLE-PRIME CONTRACT) PART 1 -BID FORM-STIPULATED SUM(SINGLE-PRIME CONTRACT) 1.1 BID INFORMATION A. Bidder: B. Project Name: Orange County Emergency Office Upfit—Whitted Building. C. Project Location: 300 W. Tryon Street,Hillsborough,NC 27278. D. Owner: Orange County Government. E. Architect: HH Architecture. F. Architect Project Number: 19-099. 1.2 CERTIFICATIONS AND BASE BID A. Base Bid, Single-Prime(All Trades) Contract: The undersigned Bidder,having carefully examined the Procurement and Contracting Requirements, Conditions of the Contract, Drawings, Specifications, and all subsequent Addenda,as prepared by HH Architecture and Architect's consultants,having visited the site, and being familiar with all conditions and requirements of the Work,hereby agrees to furnish all material, labor, equipment and services, including all scheduled allowances,necessary to complete the construction of the above-named project, according to the requirements of the Procurement and Contracting Documents,for the stipulated sum of- 1. Dollars 2. The above amount may be modified by amounts indicated by the Bidder from the "Schedule of Alternates"on the attached drawing sheet GOO Coversheet 1.3 SUBCONTRACTORS AND SUPPLIERS A. The following companies shall execute subcontracts for the portions of the Work indicated: 1. General Subcontractor: Lic. 2. Plumbing Subcontractor: Lic. 3. HVAC Subcontractor: Lic. 4. Electrical Subcontractor: Lic. Bid Form - Stipulated Sum (single-prime Contract) 004113 - 1 DocuSign Envelope ID: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 Orange County Emergency Office Upfit - Issued for Bid Whitted Building 10/09/2020 1.4 TIME OF COMPLETION A. The undersigned Bidder proposes and agrees hereby to commence the Work of the Contract Documents on a date specified in a written Notice to Proceed to be issued by Architect, and shall fully complete the Work within 120 calendar days. 1.5 ACKNOWLEDGEMENT OF ADDENDA A. The undersigned Bidder acknowledges receipt of and use of the following Addenda in the preparation of this Bid: 1. Addendum No. 1, dated 2. Addendum No. 2, dated 3. Addendum No. 3, dated 4. Addendum No. 4, dated 5. Addendum No. 5, dated 6. Addendum No. 6, dated 1.6 ALTERNATES A. The undersigned Bidder proposes the amount below be added to or deducted from the Base Bid if particular alternates are accepted by Owner. Amounts listed for each alternate include costs of related coordination,modification, or adjustment. B. If the alternate does not affect the Contract Sum,the Bidder shall indicate "NO CHANGE." C. The Bidder shall be responsible for determining from the Contract Documents the effects of each alternate on the Contract Time and the Contract Sum. D. Owner reserves the right to accept or reject any alternate, in any order, and to award or amend the Contract accordingly within 30 days of the Notice of Award unless otherwise indicated in the Contract Documents. E. Acceptance or non-acceptance of any alternates by the Owner shall have no effect on the Contract Time unless the "Schedule of Alternates" Article below provides a formatted space for the adjustment of the Contract Time. Bid Form - Stipulated Sum (Single-Prime Contract) 004113 - 2 DocuSign Envelope ID: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 Orange County Emergency Office Upfit - Issued for Bid Whiffed Building 10/09/2020 F. Alternates: 1. Alternate No. 1: Indicate cost increase to provide and install all items associated with room Coffee 213 Work includes plumbing and electrical scope as indicated on the Contract Documents. a. ADD DEDUCT NO CHANGE b. Dollars($ ). C. ADD DEDUCT calendar days to adjust the Contract Time for this alternate. 2. Alternate No. 2: Indicate cost increase to demo existing doorway,patch and repaint masonry opening, and replace finish floor with new carpet tile. a. ADD DEDUCT NO CHANGE b. Dollars($ ). C. ADD DEDUCT calendar days to adjust the Contract Time for this alternate. 3. Alternate No. 3: Indicate cost decrease to provide frame Type I for doors 211A and 211B in lieu of frame types scheduled in Contract Documents. a. ADD DEDUCT NO CHANGE b. Dollars C. ADD DEDUCT calendar days to adjust the Contract Time for this alternate. 4. Alternate No. 4: Indicate cost increase to provide demolition and renovation upfit in Suite 250 to install partitions, doorways, finishes, ceiling modifications, and mechanical, electrical,plumbing and fire sprinkler modifications to install rooms 250, 250A,&25013. a. ADD DEDUCT NO CHANGE b. Dollars C. ADD DEDUCT calendar days to adjust the Contract Time for this alternate. 5. Alternate No. 5: Indicate cost increase to provide Owner-preferred brand carpet as selected by a single-source manufacturer. The product must be by Mohawk meeting requirements of the Contract Documents. a. ADD DEDUCT NO CHANGE b. Dollars C. ADD DEDUCT calendar days to adjust the Contract Time for this alternate. 1.7 CONTRACTOR'S LICENSE A. The undersigned further states that it is a duly licensed contractor, for the type of work proposed,in Orange County North Carolina. Bid Form - Stipulated Sum (Single-Prime Contract) 004113 - 3 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 Orange County Emergency Office Upfit - Issued for Bid Whitted Building 10/09/2020 1.8 SUBMISSION OF BID A. Respectfully submitted this day of 120 . B. Submitted By: (Name of bidding firm or corporation). C. Authorized Signature: (Handwritten signature). D. Signed By: (Type or print name). E. Title: (Owner/Partner/PresidentNice President). F. Witness By: (Handwritten signature). G. Attest: (Handwritten signature). H. By: (Type or print name). 1. Title: (Corporate Secretary or Assistant Secretary). J. Street Address: K. City, State,Zip: L. Phone: M. License No.: END OF SECTION 004113 Bid Form - Stipulated Sum (Single-Prime Contract) 004113 - 4 DocuSign Envelope ID: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 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 1 DocuSign Envelope ID: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 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 2 DocuSign Envelope ID: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 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: 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 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 3 DocuSign Envelope ID: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 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: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 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. 5 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 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 Y/N *Minority categories: Black,African American (B), Hispanic (H), Asian American (A)American Indian (1), Female (F) Socially and Economically Disadvantaged (D) ** HUB Certification with the state HUB Office required to be counted toward state participation goals. The total value of minority business contracting will be ($) MBForms 2002-Revised July 2010 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 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 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: Signature: Title: State of County of SEAL Subscribed and sworn to before me this day of 20 Notary Public My commission expires MBForms 2002-Revised July 2010 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 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: STitle: SEAL State of 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:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 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 I do hereby certify that on the (Name of Bidder) (Project Name) Project ID# Amount of Bid $ 1 will expend a minimum of % of the total dollar amount of the contract with minority business enterprises. Minority businesses will be employed as construction subcontractors, vendors, suppliers or providers of professional services. Such work will be subcontracted to the following firms listed below. Attach additional sheets if required Name and Phone Number *Minority **HUB Work Dollar Value Category Certified Description Y/N Minority categories: Black, African American (B), Hispanic(H), Asian American (A)American Indian (1), Female (F) Socially and Economically Disadvantaged (D) ** HUB Certification with the state HUB Office required to be counted toward state participation goals. Pursuant to GS143-128.2(d), the undersigned will enter into a formal agreement with Minority Firms for work listed in this schedule conditional upon execution of a contract with the Owner. Failure to fulfill this commitment may constitute a breach of the contract. The undersigned hereby certifies that he or she has read the terms of this commitment and is authorized to bind the bidder to the commitment herein set forth. Date: Name of Authorized Officer: Signature: SEAL Title: State of , County of Subscribed and sworn to before me this day of 20 Notary Public My commission expires MBForms 2002-Revised July 2010 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 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 $ 1 will expend a minimum of % of the total dollar amount of the contract with HUB certified/ minority business enterprises. Minority businesses will be employed as construction subcontractors, vendors, suppliers or providers of professional services. Such work will be subcontracted to the following firms listed below. (Attach additional sheets if required) Name and Phone Number *Minority **HUB Work Dollar Value Category Certified Description Y/N *Minority categories: Black, African American (B), Hispanic (H), Asian American (A)American Indian (1), Female (F) Socially and Economically Disadvantaged (D) ** HUB Certification with the state HUB Office required to be counted toward state participation goals. 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:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 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: Signature: Title: SEAL 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:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 DocuSign Envelope ID: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 Orange County Emergency Office Upfit - Issued for Bid Whiffed Building 10/09/2020 SECTION 006000-FORMS PART 1 -FORMS 1.1 FORM OF AGREEMENT AND GENERAL CONDITIONS A. The following form of Owner/Contractor Agreement and form of the General Conditions shall be used for Project: 1. Orange County, "Construction Agreement Under$250,000.00." a. The Owner/Contractor Agreement is included in the Bid Manual. 2. The General Conditions for Project are Orange County, "General Conditions of the Contract for Construction—Exhibit I." a. The General Conditions are included in the Bid Manual. 3. The Supplementary Conditions for Project are separately prepared and included in the Bid Manual. 1.2 ADMINISTRATIVE FORMS A. Copies of AIA standard forms may be obtained from the American Institute of Architects; http://www.aia.org/contractdocs/purchase/index.htm; docspurchases@aia.org; (800)942-7732. B. Preconstruction Forms: 1. Form of Performance Bond and Labor and Material Bond: AIA Document A312, "Performance Bond and Payment Bond." 2. Form of Certificate of Insurance: AIA Document G715, "Supplemental Attachment for ACORD Certificate of Insurance 25-S." C. Information and Modification Forms: 1. Form for Requests for Information(RFIs): AIA Document G716, "Request for Information(RFI)." 2. Form of Request for Proposal: AIA Document G709, "Work Changes Proposal Request." 3. Change Order Form: Orange County, "Change Order Request." 4. Form of Architect's Memorandum for Minor Changes in the Work: AIA Document G707, "Architect's Supplemental Instructions." 5. Form of Change Directive: AIA Document G714, "Construction Change Directive." Forms 006000 - 1 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 Orange County Emergency Office Upfit — Issued for Bid Whiffed Building 10/09/2020 D. Payment Forms: 1. Schedule of Values Form: AIA Document G703, "Continuation Sheet." 2. Payment Application: AIA Document G702/703, "Application and Certificate for Payment and Continuation Sheet." 3. Form of Contractor's Affidavit: AIA Document G706, "Contractor's Affidavit of Payment of Debts and Claims." 4. Form of Affidavit of Release of Liens: AIA Document G706A, "Contractor's Affidavit of Payment of Release of Liens." 5. Form of Consent of Surety: AIA Document G707, "Consent of Surety to Final Payment." END OF SECTION 006000 Forms 006000 - 2 DocuSign Envelope ID: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 1 EXHIBIT 1----GENERAL CONDITIONS Table of Contents Page Article1. Definitions......................................................................................................................3 Article 2. Correlation, Interpretation, and Intent of Contract Documents.....................................7 Article 3. Familiarity with Work, Conditions and Laws..................................................................8 Article4. Bonds............................................................................................................................9 Article 5. Insurance and Indemnity ..............................................................................................9 Article 6. Other Record Documents and Submittals...................................................................16 Article7. Contractor....................................................................................................................18 Article8. Owner .........................................................................................................................26 Article 9. Construction Manager ................................................................................................26 Article10. Designer ...................................................................................................................26 Article 11. Testing and Surveying..............................................................................................27 Article 12. Separate Contracts...................................................................................................27 Article13. Contract Time ..........................................................................................................28 Article 14. Changes in the Work ...............................................................................................31 Article 15. Change of the Contract Price ..................................................................................33 Article 16. Unforeseen Conditions.............................................................................................35 Article 17. Correction of Work before Final Payment ...............................................................35 Article 18. Correction of Work after Substantial Completion; Warranties and Guaranties........36 Article 19. Owner's Right to Do Work .......................................................................................37 Article20. Partial Payments .....................................................................................................37 Article21. Final Payment..........................................................................................................40 Article 22. Contractor, Subcontractor and Supplier Affidavit ....................................................41 Article 23. Assignments and Subcontracts................................................................................41 Revised 11/19 DocuSign Envelope ID: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 2 Article24. Measurements........................................................................................................41 Article 25. Contractor and Subcontractor Relationships..........................................................42 Article 26. Use of Premises .....................................................................................................42 Article 27. Cutting, Patching and Fitting ..................................................................................42 Article 28. Dispute Resolution ................................................................................................43 Article29. Taxes......................................................................................................................43 Article 30. Operation of Owner's Facilities...............................................................................44 Article 31. Third Party Beneficiary Clause...............................................................................44 Article 32. Measurement of Quantities ....................................................................................44 Article 33. Termination by the Owner for Cause .....................................................................44 Article 34. Termination or Suspension by the Owner for Convenience...................................45 Article 35. Minority Business Enterprise Program........................................................46 Article 36 E-Verify, Iran Divestment, Israel Boycott, and Digital....................................46 Article37. General...................................................................................................................46 Revised 11/19 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 3 ARTICLE 1. DEFINITIONS 1.1 Agreement- The Construction Contract, these General Conditions, and any Supplementary Conditions. 1.2 AIA - The American Institute of Architects. 1.3 ASTM - The American Society for Testing and Materials. 1.4 Beneficial Occupancy— Use of the Project by the Owner after Substantial Completion, but prior to Final Completion.. 1.5 Change Order- A written order to the Contractor signed by the Owner and the Designer authorizing an addition, deletion, or revision in the Work and/or an adjustment in the Contract Price and/or the Contract Time issued after execution of the Construction Contract. See paragraph 14.1. 1.6 Completion Date - Those dates identified as Completion Dates in the Contract Construction Schedule or elsewhere in the Contract Documents. 1.7 Construction Contract—The document executed by the Contractor and the Owner to formally memorialize their consent to the terms of the Agreement. 1.8 Construction Change Directive —A written order to the Contractor signed by the Owner and the Designer directing an addition, deletion, or revision in the Work after execution of the Construction Contract, in circumstances when the parties have been unable to agree on an adjustment to the Contract Price or the Contract Time, but the Owner requests that the Contractor proceed with said addition, deletion, or revision in the Work subject to adjustment of the Contract Price and/orContract Time under the procedures described herein. 1.9 Construction Manager(s) - The person(s) or firm designated as the Construction Manager in the Contract Documents, or their authorized representatives. The Construction Manager(s), as referred to herein, will be referred to hereinafter as if each were of the singular number and masculine gender. 1.10 Contract Construction Schedule - That schedule described in Article 13 hereof and identified as the Contract Construction Schedule. 1.11 Contract Documents - All of the documents that make up the Agreement, plus the Drawings and Specifications that describe the scope of the Work, plus allowable Modifications to the Contract Documents. 1.12 Contract Price - The total monies payable to the Contractor under the Contract Documents pursuant to paragraph 15.1 of the Agreement. Revised 11/19 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 4 1.13 Contract Time - The number of calendar days stated in, or computed from, the Contract Documents for the completion of the Work, or any portion thereof. See, particularly, Article 13 hereof and the Contract Construction Schedule. Time of completion as specified therein is of the essence. The time used and referred to on the Project will be that time which is observed in Raleigh, North Carolina, being Eastern Daylight Savings Time (EDT), Eastern Standard Time (EST), or other as designated by the Designer. 1.14 Contractor- The Contractor shall be that party identified as such in the Contract Documents. 1.15 Days - Unless otherwise indicated, the term "days" shall mean consecutive calendar days. 1.16 Daylight Hours - The hours or portions of hours between sunrise and sunset local time. 1.17 Designer(s)—The person or firm designated as the Designer in the Contract Documents, or their authorized representatives. The Designer(s), as referred to herein, shall mean architect, landscape architect, and/or engineer. They will be referred to hereinafter as if each were of the singular number and masculine gender. On projects for which there is no Designer designated references to approvals or authorizations of or by the Designer shall be interpreted to refer to approvals or authorizations of Owner or Owner's designee. 1.18 Drawings - The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location, and dimensions of the Work, and generally including plans, elevations, sections, details, schedules and diagrams. A list of the Drawings is contained in the Contract Documents. 1.19 Field Order- A written order issued by the Designer which clarifies or interprets the Contract Documents or orders minor changes in the Work in accordance with the Contract Documents. See paragraph 14.2. 1.20 Final Completion -The point at which the Contractor has completed the Work, with the exception of guaranty and warranty obligations and as determined by the Designer and becomes entitled to final payment upon the recommendation of the Designer and determination by the Owner. 1.21 The words "furnish," "furnish and install," "install," and "provide" or words with similar meanings shall be interpreted, unless otherwise stated, to mean furnish and install complete, in place and ready for service. 1.22 Liquidated Damages — See paragraph 13.18 of these General Conditions. 1.23 Modification - (A) a written amendment to the Contract Documents signed by the Owner and the Contractor and identified therein as such, (B) a Change Order, (C) Construction Change Directive, or (D) a Field Order. A Modification may only be issued after execution of the Agreement. 1.24 Notice of Award - The written notice by the Owner to the Contractor that the Contractor is the successful Bidder and that upon compliance with the conditions precedent to be fulfilled by Revised 11/19 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 5 the Contractor within the time specified, the Owner will execute and deliver the Agreement to him. 1.25 Notice to Proceed - See paragraph 13.3. 1.26 Owner- The Owner is the person designated as such in the Agreement. 1.27 Owner's Representative -A person, or persons, authorized and employed by the Owner and designated from time to time by written notice to the Contractor to administer the Contract Documents, and to observe and monitor the Work on behalf of the Owner with authority and responsibility as herein specified. 1.28 Notice - The term "notice" or "written notice" as used herein shall mean and include all written notices, demands, instructions, and claims approvals and disapprovals furnished by the Owner or the Designer to obtain compliance with the requirements of the Contract Documents, as well as all written notices, demands, instructions and claims furnished by the Contractor as required by the Contract Documents. Where notice is required under the terms of the Contract Documents written notice shall always be required, and oral or"constructive" notice shall be insufficient and ineffective as notice. Email or other electronic delivery shall be insufficient and ineffective as notice unless specifically allowed by the Supplementary Conditions or a Modification to the Agreement. Written notice shall be deemed to have been duly served on the date that it is delivered in person to the individual or to a member of the firm, to an officer of the corporation for whom it is intended, to an authorized representative of such individual, firm, or corporation, or on the date that it is mailed by registered or certified mail, return receipt requested, addressed to the last business address of such individual, firm, or corporation known to the person giving the notice. Written notice may also be given by facsimile transmission, provided that proof of delivery is obtained. In the case of delivery in person, such delivery shall not be effective unless and until a written and signed receipt showing the date and time of delivery is obtained. 1.29 Project - The total construction of which the Work performed under the Contract Documents may be the whole or a part. 1.30 Project Expediter—As used herein, is an entity stated in the Contract Documents, designated to effectively facilitate scheduling and coordination of Work activities. For the purpose of a single prime contract, the single prime contractor is designated as the Project Expediter. For the purpose of a project involving separate prime contracts, the Contractor for general work shall be designated as the Project Expediter unless otherwise indicated in the Supplementary General Conditions. See paragraph 7.27. 1.31 Project Manager- That person designated by the Contractor in accordance with paragraph 7.2 who shall be in general charge of the Work and its performance and who shall have the authority set forth in the last sentence of paragraph 7.2. 1.32 Request for Information - A written communication from the Contractor to the Designer for any interpretation of, or information needed, required, or desired under the Contract Documents. The Owner reserves the right to determine the reasonable format and contents required for a Request for Information. In any Request for Information, the Contractor shall state a reasonable date by which a response is necessary in order to avoid delay in progress on the Work and shall Revised 11/19 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 6 make such request sufficiently in advance of such date as to avoid any such delay. The Designer shall respond in writing to the Request for Information by the date stated by the Contractor unless he cannot reasonably do so, in which case he shall prior to that date notify the Contractor of the date by which he can reasonably respond. The Contractor shall not be entitled to any additional time for the completion of the Work or any portion thereof by reason of the Designer's failure to respond if he has not submitted his Request for Information sufficiently in advance to allow the Designer a reasonable time within which to respond. 1.33 Request for Payment- The form, in the form of AIA Document G702 (latest ed.) or other published document approved by Owner, which is to be used by the Contractor in requesting progress payments and which is to include a Schedule of Values as required by the Contract Documents and an affidavit of the Contractor that progress payments theretofore received from the Owner on account of the Work have been applied by the Contractor to discharge in full all the Contractor's obligations incurred in connection with Work covered by all prior applications for payment. See paragraph 20.2. 1.34 Resident Superintendent - That person designated by the Contractor in accordance with paragraph 7.2 who has day-to-day responsibility for the prosecution of the Work and the obtaining of proper materials and equipment, and adequate labor and who shall have the authority set forth in the last sentence of paragraph 7.2. 1.35 Schedule of Values - Any breakdown of the Contract Price which may be required by the Contract Documents, and designated as such. See paragraph 20.1. 1.36 Specifications - That portion of the Contract Documents consisting generally of the written requirements for materials, equipment, construction systems, standards, and workmanship for the Work and performance of related services. 1.37 Subcontractor-A person, firm, or corporation who has entered into a direct contract with the Contractor to perform any of the Work at the Project. 1.38 Submittal - Shop drawings, product data, samples, and other documents required by the Contract Documents to be submitted by the Contractor to the Designer. 1.39 Submittal Register- See paragraph 13.2 of these General Conditions. 1.40 Substantial Completion - The point at which the Work, and Work by other Contractors on or in connection with the Project, as determined by the Designer, is sufficiently complete in accordance with the Contract Documents that it can be beneficially occupied by the Owner, and the Work can be utilized by the Owner for its intended use, and all necessary permits and permissions for Beneficial Occupancy and utilization having been obtained by the Contractor. All operations and maintenance manuals, Owner training, and as-built drawings must be submitted prior to Substantial Completion being achieved. 1.41 Sub-subcontractor- A person or entity that has a direct or indirect contract with a Subcontractor to perform any of the Work at the Project. Revised 11/19 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 7 1.42 Work - The construction and services required by the Contract Documents, including all labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. 1.43 All references in the Contract Documents to the masculine shall be interpreted as including the feminine or neuter and all references in the Contract Documents to the singular or the plural shall be interpreted as including the other, as may be appropriate in the reasonable interpretation of the Contract Documents. ARTICLE 2. CORRELATION, INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS 2.1 It is the intent of the Specifications and Drawings and other Contract Documents to describe a complete Project in accordance with the Contract Documents. 2.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all. If the Contractor finds a conflict, error or discrepancy in the Contract Documents, the Contractor shall notify the Designer in writing before proceeding with the Work affected thereby. In resolving such conflicts, errors and discrepancies, the Contract Documents shall be given preference in the following order: Construction Contract, Modifications, Addenda, General Conditions, Specifications, and Drawings. Figure dimensions on Drawings shall govern over scale dimensions, and detailed Drawings shall govern over general Drawings. Any Work that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not it is specifically called for. Work, materials or equipment described in words which, so applied, have a well-known technical trade meaning shall be deemed to refer to such meaning and to incorporate any recognized standards which are a part of such meaning if not otherwise defined within the Contract Documents. 2.3 Miscellaneous items, accessories and work which are not specifically mentioned, but which are essential to produce a complete and properly operating installation, or useable structure or plant providing the indicated function shall be furnished and installed without change in the Contract Price. Such miscellaneous items and accessories shall be of the same quality standards, including material, style, finish, strength, class, weight and other applicable characteristics, as specified for the major component of which the miscellaneous item or accessory is an essential part, and shall be approved by the Designer before installation. This requirement is not intended to include major components not covered by or inferable from the Contract Documents. 2.4 The Work of all trades under the Contract Documents shall be coordinated by the Contractor in such a manner as to obtain the best workmanship possible for the entire Project and all components of the Work shall be installed or erected in accordance with the best practices of the particular trade. 2.5 The Contractor shall fully complete the Work and shall be responsible for all of the Work under the Contract Documents to which the Construction Contract applies. If the Contractor is prevented from doing so by any limitation of the Contract Documents, the Contractor shall immediately give notice thereof to the Designer and the Owner in writing. Revised 11/19 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 8 2.6 Standard specifications or manufacturers' literature, when referenced, shall be of the latest revision or printing unless otherwise stated and is intended to establish the minimum requirements acceptable. 2.7 For those materials specified without the use of brand names, the Contractor shall submit within thirty (30) days after his receiving the Construction Contract for signatures, any product that meets the express requirements of the Specifications. Such Submittal shall include manufacturer's data, test reports, performance data and certifications, samples, erection details, and other applicable information as required to permit determination by the Designer whether such proposed products are suitable. The Designer shall be the sole judge as to the suitability of any proposed product. The burden of proof of quality rests with the Contractor. 2.8 The Contractor is required to examine and read the complete set of Contract Documents for information concerning the Work, because some of the Work for which the Contractor will be responsible may be indicated on or in documentation applying primarily to the Work of one or more other separate prime contractors. No allowance will be made for the Contractor's failure to become familiar with the complete set of project documents. 2.9 Contractor's requests for clarification or information shall clearly define the cause(s) of Contractor's request and, as appropriate, shall include Contractor's interpretation and Contractor's proposed solution. ARTICLE 3. FAMILIARITY WITH WORK, CONDITIONS AND LAWS 3.1 The Contractor has investigated prior to bidding and is satisfied with all conditions affecting the Work, including but not restricted to those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electrical power, roads and uncertainties of weather, or similar physical conditions at the Project site, and the character of equipment and facilities needed prior to and during prosecution of the Work. The Contractor is satisfied as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from inspection of the Project site, including all exploratory work done by the Owner, as well as from information presented by the Contract Documents, or any other information made available to the Contractor prior to receipt of bids. Any failure by the Contractor to become acquainted with the available information shall not relieve the Contractor from the responsibility for estimating properly the difficulty or cost of successfully performing the Work. 3.2 The Contractor shall be entitled to make all inferences from the Contract Documents that would reasonably be made by a contractor having knowledge and experience with similar work; however, the Contractor shall not be entitled to infer from the Contract Documents any fact or condition which would not be inferred by a contractor having knowledge and experience with similar work and the Contractor shall be required to obtain independently such other information as a knowledgeable and experienced contractor would prudently obtain in order to evaluate any such condition. 3.3 The Contractor specifically acknowledges familiarity with all Federal, State, and local laws, ordinances, rules, and regulations which may in any manner affect those engaged or employed in the Work, or the materials or equipment in or about the Work, or in any way affect the conduct of the Work and agrees that the Contractor and the Contractor's employees, subcontractors, Revised 11/19 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 9 and suppliers will, at all times, comply with same. If the Contractor shall discover any provisions in the Contract Documents which are contrary to or inconsistent with any such law, ordinance, rule, or regulation, the Contractor shall immediately give notice thereof to the Designer and the Owner in writing, identifying any items of Work affected, and the Contractor shall not proceed until the Contractor has received written direction from the Designer with respect to these items. If the Contractor performs contrary to or inconsistently with any such law, ordinance, rule, or regulation without such written direction, the Contractor shall bear all costs which are a consequence of such performance. 3.4 At times selected by the Designer after execution by the Contractor of the Construction Agreement, a pre-construction conference shall be scheduled and conducted for the benefit of the Project. ARTICLE 4. BONDS 4.1 A performance bond in the full amount of the Contract Price shall be required of the Contractor to guarantee the faithful performance of the Work in compliance with the Contract Documents, in such form as may be required by law and approved by the Owner. The bond shall be dated the same date as the Construction Contract and must be accompanied by a current copy of the power of attorney for the attorney-in-fact executing such bond on behalf of a surety company licensed to do business in the state of North Carolina. 4.2 A payment bond in the full amount of the Contract Price shall be required of the Contractor to guarantee the payment of all labor and material costs or claims in connection with compliance with the Contract. The payment bond shall be in such form as may be required by law and approved by the Owner. Said bond shall be dated and executed in the same manner as the performance bond in paragraph 4.1. ARTICLE 5. INSURANCE AND INDEMNITY 5.1 CONTRACTOR PROVIDED INSURANCE The Contractor shall, without limiting its obligations or liabilities, procure, pay for and maintain such insurance as is required by law and as is required by this Agreement to protect the Contractor and the Owner from claims for damages for bodily injury, including death, and from claims for property damage which may arise from the Contractor's or its representatives', consultants', Subcontractors', agents', or employees' operations under this Agreement. Such insurance shall be of the kinds and have limits of liability and coverages not less than the minimum limits hereinafter specified or required by law, whichever is greater. The Owner makes no representation as to the adequacy or sufficiency of such coverages. The following requirements shall in no way be construed to limit or eliminate the liability of the Contractor, which arises from performance of Work under the Agreement. The Contractor is strictly responsible for any losses, claims, and costs of any kind which exceed the Contractor's limits of liability, or which may be outside the coverage scope of the policies. The insurance specified shall be provided by an insurer approved by the Owner, authorized to do such business in the State of North Carolina, and on terms approved by the Owner. Insurance companies utilized shall have a minimum rating of A- and Class VII as evaluated by the most current A.M. Best Rating Guide. If the insurer has a Best Rating less than A- and Class VII, the Revised 11/19 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 10 Contractor must receive specific written approval from the Owner prior to proceeding with any Work under the Agreement. All agents and brokers shall hold valid licenses from the State of North Carolina. Before commencing mobilization to the Project site and not later than 7 days after the receipt of the Construction Contract by the Contractor for signatures, the Contractor shall furnish to the Owner a certificate or certificates of insurance in a form satisfactory to the Owner. Upon request of the Owner, the Contractor shall provide the Owner with certified copies of the insurance policies required by this Article, including without limitation declaration pages, conditions, exclusions and endorsements, and confirmation that each policy premium has been paid for the required term of this Agreement. A copy of the umbrella policy shall be provided to the Orange County Risk Manager. Certificates shall be signed by a person authorized by that insurer to bind coverage on its behalf. All insurance policies shall provide, as evidenced by Certificates of Insurance, that the insurance shall not be canceled, reduced, restricted, or changed in any way without at least 30 days prior written notice to the Owner. With regard to expiration, cancellation, reduction, restriction, or any other change, certificates shall state: "Should any of the following described policies be canceled before expiration date or be due to expire within 30 days, the insurer shall mail 30 days prior written notice to named certificate holder." In the event of any such cancellation, non-renewal, reduction, restriction, or change in any insurance, the Contractor is obligated to replace such insurance within 7 days without a gap in coverage and file accordingly such notice with the Owner, and other interested parties. Failing immediate receipt of evidence of such replacement of insurance the Owner reserves the right to procure such insurance as the Owner considers desirable and the Contractor shall pay or reimburse the cost of the premium in respect thereof. It is expressly provided, however, that any action or inaction on the part of the Owner in this respect shall in no way change or reduce the Contractor's responsibilities and liabilities under this Agreement. Self-funded, policy fronting, or other non-risk transfer insurance mechanisms are not acceptable without prior written approval of the Owner. Full disclosure of such a program must be made prior to commencing mobilization to the Project site. Failure to make a full disclosure constitutes a material breach of the Agreement, justifying termination for default. The Contractor shall name the Owner, the Designer, the Designer's consultants, and the Construction Manager as additional insureds under all its insurance contracts (except workers' compensation) with respect to and including without limitation liability arising out of activities performed by or on behalf of the Contractor, products and completed operations of the Contractor, and automobiles owned, hired, leased, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to additional insureds. For any claims related to this Project, the Contractor's insurance or self-insurance shall be primary and noncontributory with respect to the Owner's insurance. Any insurance or self- insurance maintained by the Owner shall be excess and noncontributory with respect to the Contractor's insurance. All policies of insurance shall contain a clause waiving rights of subrogation against the Owner, unless the Owner approves otherwise in writing. Limits of coverage are not to be amended by deductible clauses of any nature without the express written consent of the Owner. Revised 11/19 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 11 The Contractor shall be solely responsible for any deductible assumptions that may exist in any insurance policies required under this Agreement. In addition, the Contractor shall be responsible and shall not be reimbursed for any losses arising from any risk or exposure not insured as required herein, or not covered as a result of a normal policy exclusion or that falls within the self-insured retention, if Contractor self-insured. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. The claim provisions in the Contractor's insurance policies must specifically state the insurance company or Contractor's Third Party Administrator, if self-insured, has both the right and duty to adjust a claim and provide defense. The policies shall not contain any provision or definition which would serve to exclude or eliminate from coverage third party claims, including exclusions of claims for bodily or other injury to shareholders, partners, officers, directors, or employees of the insured, the premises owner, real estate manager, or the insured's Subcontractor, or any family relative of such persons. If the policies contain any warranty stating that coverage is null and void (or words to that effect) if the Contractor does not comply with the most stringent regulations governing the Work, it shall be modified so that coverage shall be afforded in all cases except for the Contractor's willful or intentional noncompliance with applicable government regulations. Any failure by any person to comply with reporting or other provisions of the policy including breach of warranties, shall not affect coverage provided to the Owner and its representatives, officials, and employees. The insolvency or bankruptcy of the Insured or of the Insured's estate shall not relieve the insurance companies of their obligations under these policies. Any clauses to the contrary are unacceptable and must be stricken. Failure to comply with these requirements shall be a material breach of this Agreement justifying termination for default. 5.1.1 Worker's Compensation and Employers' Liability Insurance The Contractor and its Subcontractors shall procure and maintain Workers' Compensation Insurance in the amount and type required by the State of North Carolina and federal law for all employees employed under the Agreement who may come within the protection of Workers' Compensation Laws and covering all operations under the Agreement whether performed by the Contractor or by his Subcontractors. In jurisdictions not providing complete Workers' Compensation protection, the Contractor and his Subcontractors shall maintain employers' liability insurance in an amount, form, company, and agency satisfactory to the State of North Carolina and the Owner for the benefit of all employees not protected by Workers' Compensation Laws and covering all operations under the Agreement whether performed by the Contractor or by his Subcontractors. The Contractor shall pay such assessments as will protect the Contractor and the Owner from claims under the Workers' Compensation Laws, workers' or workmen's compensation disability benefits, and other similar employee benefit acts. The current Experience Modification Factor shall be indicated on the Certificate of Insurance. Coverage under this section shall be as required by federal and state Workers' Compensation and Occupational Disease Statutes, and shall have minimum limits as follows: Coverage A: Statutory, State of North Carolina Employers' Liability: Each Accident $1,000,000 Disease - Policy Limit $1,000,000 Disease - Each Employee $1,000,000 Such insurance shall include Voluntary Compensation coverage, a Waiver of Subrogation Revised 11/19 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 12 in favor of the Owner as well as other endorsements that may be required by applicable jurisdictions. 5.1.2 Automobile Liability Insurance The Contractor shall procure and maintain automobile insurance against liability for bodily injury and property damage as described below, that may arise with respect to the Work being performed under the Agreement, and as will provide protection from claims which may arise out of or result from the Contractor's performance of the Work and the Contractor's other obligations under the Agreement, whether such performance of the Work is by the Contractor, by any representative or Subcontractor, by anyone, both officially and personally, directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. This policy of insurance shall carry the following minimum Limit of Liability: Combined Single Limit $1,000,000 per occurrence; Aggregate $2,000,000.00. The policy of insurance shall contain or be endorsed to include the following: a) owned, hired, and non-owned automobile liability. b) If the policy contains a warranty stating that coverage is null and void (or words to that effect) if the transporter does not comply with the most stringent regulations governing the Work, it shall be modified so that coverage shall be afforded in all cases except for the transporter's willful or intentional noncompliance with applicable government regulations. Any failure by any party to comply with reporting or other provisions of the policy including breach of warranties, shall not affect coverage provided to the Owner and its representatives, officials, and employees. No subcontracting of waste hauling shall be permitted without prior, written approval of the Owner. 5.1.3 General Liability This policy must be written on an Occurrence basis, with the following minimum Limits of Liability: General Aggregate per project $2,000,000.00 Products/Completed Operations Aggregate $2,000,000.00 Bodily Injury and Property Damage csl/each occurrence $1,000,000.00 Personal Injury and Advertising Injury $2,000,000.00 The policy of insurance shall contain or be endorsed to include the following: a) Blanket Contractual Liability covering Contractor's indemnification obligations under this Agreement, in accordance with ISO policy form CG 00 01. Modifications to the standard provision will not be acceptable if they serve to reduce coverage. b) Premises/Operations Liability. c) Explosion, collapse, and underground fault. d) Independent Contractors and Independent Subcontractors coverage. e) Broad Form Property Damage. Revised 11/19 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 13 f) Personal Injury g) Cross Liability/Severability of Interest clause. h) Employer's Stop-Gap Liability endorsement, if applicable. i) Amendment of the Pollution Exclusion Endorsement to allow coverage for bodily injury or property damage caused by heat, smoke, or fumes from a hostile fire. j) Designated General Aggregate Limit Endorsement if required by the Contract Documents. Coverage shall remain continuously in effect and without interruption for at least 6 years from the date of the Notice of Award and shall include coverage for exposures arising from operations that have been completed. The Contractor shall furnish the Owner and each other additional insured listed in the Agreement to whom the Certificates have been issued, evidence satisfactory to the Owner of continuation of such insurance at the date of Preliminary Acceptance and each year thereafter. 5.1.4 Pollution Legal Liability (PLL) Pollution Legal Liability coverage will be provided as follows: $1,000,000.00 per occurrence; Aggregate $2,000,000.00. 5.1.5 Umbrella Liability The Contractor shall maintain an occurrence basis (as distinguished from a "claims made" basis) Umbrella Liability policy (true follow form) over the underlying General Liability, Automobile Liability, and Employer's Liability, with the following limits of liability: Each Occurrence $3,000,000, Aggregate $3,000,000. On a fully insured basis such coverage will be subject to a deductible no greater than $10,000 per occurrence where coverage is not provided by the underlying insurance, but is provided by the Umbrella Liability policy. The Contractor may use any combination of primary and umbrella insurance policies to comply with the insurance requirements, provided the resulting insurance is equivalent to the insurance stated herein. All Occupational Disease exclusions must be deleted. Any Pollution Exclusion must be amended to allow coverage for bodily injury or property damage caused by spill, upset, overturn, heat, smoke, or fumes from a hostile fire. 5.1.6 Property Insurance The Contractor shall purchase All Risk Property Insurance on a Completed Value Form in the names of the Owner, Contractor, Subcontractors, and sub-subcontractors as their interests may appear with limits as follows: a) Full insurance value of the Work, or b)Amount equal to the Contract Price for the Work, whichever is higher. Revised 11/19 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 14 The Contractor is responsible for all physical damage to owned or rented machinery, tools, equipment, forms, and other items owned, rented or used by the Contractor and/or Subcontractor(s) in the performance of the Work including all of Owner's property in Contractor's care, custody, or control, and all such property while it is in transit. The insurance coverage evidencing such shall include a waiver of subrogation in favor of the Owner. 5.1.7 Valuable Papers and Records The Contractor shall provide valuable papers and records insurance with coverage in an amount commensurate with project scope and set forth in the Supplementary General Conditions. 5.1.8 Claims The Contractor shall notify the Owner within 24 hours of any claims or alleged claims received by the Contractor covered by any of the policies of insurance required in this Agreement. The Contractor shall provide a written copy of the claim or alleged claim to the Owner within 3 days of the Contractor's receipt of the claim or alleged claim. If a claim is settled to the satisfaction of the claimant, the Contractor shall submit a copy of the claimant's release to the Owner. If a claim or alleged claim is rejected by the Contractor and/or its insurance company, the Contractor shall immediately report this fact to the Owner. Should 30 days elapse after the claim or alleged claim has been received by the Contractor, and the Contractor is not able to report a settlement or rejection of the claim, it shall report to the Owner the steps being taken with respect to the claim. Without limiting the foregoing, the Contractor shall notify in writing the county risk manager of any paid or incurred claims which may impair annual aggregate or general liability. 5.1.9 Deductibles and Self-insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the Owner. At the option of the Owner, either: a) the insurer shall reduce to a maximum of$250,000 or eliminate such deductibles or self-insured retentions with respect to the Owner, or (b) the Contractor shall provide evidence of collateral provided to insurers or procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses within the deductible or self-insured retention amount. Any self-insured retention or deductible amount on the policy shall not reduce the amount of collectible limits or liability. 5.1.10 Subcontractors The Contractor shall include all Subcontractors as Insureds under its policies, or shall furnish separate certificates, policies, and endorsements for each Subcontractor the Contractor intends to use. If a Subcontractor does not take out insurance in his own name and the Contractor wishes to provide insurance protection for such Subcontractor and such Subcontractor's employees, the Contractor shall either (a) procure appropriate policies in the name of the Subcontractor, or (b) cause a rider or riders to be attached to the Contractor's policies which shall identify the Subcontractor thereby covered; provided, however, in the case of the latter option, such a rider need not be attached to the Contractor's workers' compensation policy if such policy by its terms is sufficiently broad to cover the employees of all Subcontractors performing Work under the Contract Documents. Except as otherwise approved by the Owner in writing, Limits of Liability and coverage scope must be at a minimum as stringent as required of the Contractor by the Contract Documents. All Work performed for the Contractor by any Revised 11/19 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 15 Subcontractor shall be pursuant to an appropriate agreement between the Contractor and the Subcontractor which shall contain provisions that waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by insurance as provided herein. Insurance monies received from any loss shall be divided as the respective interest of the parties affected shall appear. 5.2 OWNER CONTROLLED PROJECT SPECIFIC INSURANCE In the event the Owner elects to purchase project-specific insurance affording coverage to the Contractor and Subcontractors, the terms and conditions of such coverage shall be set forth in the Supplementary Conditions. 5.3 CONTRACTOR AS JOINT VENTURE If the Contractor is completing this Project on a joint venture basis, both joint venture partners retain all liabilities assumed by this Agreement, individually and collectively. This may include, but is not limited to, all premiums due, deductibles/self-insured retentions, coinsurance provisions, claim provisions, insurance policy conditions, and indemnification provisions hereunder. Evidence of a Blanket Joint Venture Endorsement must be obtained from the General Liability and Contractor's Pollution Legal Liability carriers of each joint venture partner for a period of 6 years after completion of the Project, substantially as follows: With respect to "your work", and the "products-completed operations hazard", you are an insured for your liability arising out of the conduct of any partnership or joint venture of which you were a partner or member, even though this partnership or joint venture is not shown as a Named Insured in the Declarations. This coverage is excess over any available liability purchased specifically to insure the partnership or joint venture. This coverage will not inure to the benefit of any other party except you." 5.4 INDEMNIFICATION The Contractor, to the fullest extent not expressly prohibited by law, shall defend, indemnify, and save harmless the Owner, the Designer, the Construction Manager and their respective officials, officers, employees, and agents from and against any and all liabilities (foreseeable or unforeseeable), penalties, fines, liens, forfeitures, demands, claims, causes of actions, suits, judgments, and costs and expenses incidental thereto, (including, without limitation, amounts paid pursuant to investigations, defense or settlements, and reasonable attorneys' fees), which any or all of them may hereafter suffer, incur, be responsible for, or pay out as a result of but not limited to: a) bodily injury (including sickness, disease, or death) to any person including but not limited to, the Contractor's employees or its representatives while on the site of the Project; or b) actual or alleged damage (including loss of use) to any property (public or private, including the Project or other property on the Project site); or c) contamination of or adverse effects on the environment arising directly or indirectly out of or in connection with the performance of the Work, including but not limited to any hazardous or toxic waste, substance, or constituent of any substance subject to regulation under CERCLA, RCRA, TSCA, and other Federal and state authorities that is spilled, released, threatening to Revised 11/19 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 16 release, or disposed of or destroyed by the Contractor or its Subcontractors on or off the site of the Project or while in transport to or from the site; or d) any violation or alleged violation of laws and regulations, arising out of or in any way connected with the Work, caused in whole or in part by the Contractor, any Subcontractor or supplier or any representatives of the Contractor. The Contractor shall not be required to indemnify the Owner against losses resulting from a breach of this Agreement by the Owner or its other agents and contractors, or resulting from negligence, misconduct or violation of laws on the part of the Owner or its other agents and contractors. e) upon completion of the Work the Contractor shall execute an affidavit, indemnification, and release stating there are no unpaid debts for any work that has been done or materials that have been furnished to the Project prior to and as of the date of substantial completion and further stating that Contractor shall indemnify, save and protect Owner and Owner's lender, if any, harmless from and against any and all claims, liabilities, liens, losses, damages, causes of action, and expenses (including court costs and reasonable attorney's fees related thereto) arising out of, in connection with, or resulting from any such claims, liabilities, liens, losses, damages, causes of action, or expenses. Such affidavit, indemnification, and release shall be in a form and substance acceptable to Owner. By executing this Agreement Contractor acknowledges the receipt of adequate consideration in return for said release. The Contractor further agrees to obtain, maintain, and pay for such liability insurance coverages and endorsements as will insure the provisions of this paragraph 5.4. Furthermore, the Contractor agrees to be liable for and to indemnify and reimburse the Owner for all legal fees and disbursements paid or incurred to enforce the provisions of this paragraph. The indemnification obligations under this paragraph shall not be limited in any way by the amount or type of damages, compensation or benefits payable under worker's compensation acts, disability benefit acts, other employment benefit acts, or the amount of insurance carried or recovered. The Owner acknowledges that hazardous or toxic waste, material, chemicals, compounds or substances, or other environmental hazards, contamination or pollution, (referred to hereinafter as "environmental hazards") may be present at the Project site that were not created, generated, or released at the Project site by the Contractor or its Subcontractors, agents or employees, acting alone or in concert with others. Unless the remediation, abatement or handling of such environmental hazards is part of the scope of the Work under this Agreement, then upon the discovery of such environmental hazards, the Contractor shall immediately, and in no event more than three days later, give notice to the Owner of the environmental hazards before they are disturbed. The Owner and the Designer shall thereupon promptly investigate the environmental hazards, and make such changes in the Drawings and/or Specifications as they may find necessary to abate, remediate, isolate or handle the environmental hazards. Any increase or decrease in the Contract Price or the Contract Time resulting from such changes shall be adjusted in the manner provided herein for adjustments as to extra and/or additional Work and changes. It is agreed that the Contractor shall have no liability under this Agreement for any environmental hazards existing prior to the date that Work commences under this Agreement unless the Contractor or its Subcontractors, agents or employees, acting alone or in concert with others, by their own negligence or misconduct, release or expose the Owner or third parties to the environmental hazards. The provisions of this paragraph shall survive the termination or cancellation or completion of this Agreement. Revised 11/19 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 17 5.5 RISK MANAGEMENT POLICY The Orange County Risk Management Policy shall not apply to construction contracts for amounts over$250,000. The terms of these General Conditions related to insurance shall be the sole authority governing insurance requirements for such contracts. ARTICLE 6. OTHER RECORD DOCUMENTS AND SUBMITTALS 6.1 The Designer shall furnish to the Contractor the number of copies of Drawings and Specifications stated in the Contract Documents. Additional copies of Drawings and Specifications may be obtained at the cost of reproduction and handling. 6.2 The Contractor shall submit to the Designer all Submittals required by the Contract Documents. The Contractor shall submit at least three (3) reproducible prints of all shop drawings. The Contractor shall submit samples in quantities required by the Contract Documents. The Contractor shall submit product data in at least five (5) copies. All shop drawings shall be reviewed by the Contractor and shall bear the Contractor's stamp of approval before being forwarded to the Designer. Submittals shall be submitted in such time as to cause no delay to the Work or any part thereof and in accordance with the Contract Construction Schedule and Submittal Register. The Designer shall review the submittal with reasonable promptness, noting desired corrections, if any. The Designer shall retain two (2) copies of the submittal and shall return the balance of the reviewed submittal to the Contractor for action. The Contractor shall furnish any corrected submittal to the Designer. The Designer shall retain two (2) copies of the corrected submittal and will return the balance of the reviewed submittal to the Contractor. All substitutions prior to the receipt of bids shall be in accordance with the Contract Documents. Refer to Instructions to Bidders, Substitutions. The Contractor acknowledges that the processing of shop drawings and other submittals is directly impacted by the clarity, completeness, and accuracy of said documents and that it is the Contractor's responsibility to (i) review and coordinate each submittal with all other related or affected Work and (ii) approve each submittal before submitting same to the Designer for approval. 6.3 No substitutions and no deviations from any requirement of the Contract Documents shall be deemed allowed unless the Contractor has specifically informed the Designer and the Owner in writing of such deviations at the time of submittal and the Designer and the Owner have given written and specific approval to the substitutions or deviations. In proposing a deviation or substitution the Contractor warrants to the Owner, notwithstanding any review, allowance or approval by the Designer or the Owner that the deviation or substitution is at least equal to or better in quality and for the purpose intended, and that Contractor shall not by reason of any such review, allowance or approval be relieved from any obligation or responsibility contained in the Contract Documents. 6.4 Review of submittal by the Designer shall not be construed as relieving the Contractor from responsibility for compliance with terms or designs of the Contract Documents nor from responsibility for errors of any sort in the submittal. Revised 11/19 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 18 6.5 The Contractor shall keep one record copy marked "As-Built" of all Specifications, Drawings, Addenda, Modifications, and Submittals at the Project in good order and annotated at least monthly to show all changes made during the construction process. Such monthly annotations and their approval by the Designer shall be a condition precedent to approval by the Designer of each monthly Request for Payment. Said record copy shall be stored at the Project and fully protected from damage by fire or other hazard. This record copy shall be available to the Designer and Owner for inspection at all times and shall be delivered to the Designer for the Owner's purposes prior to the Designer's certifying Substantial Completion of the Work. 6.6 At completion of the Project and before Final Payment, the Contractor shall assemble and deliver to the Owner one complete set of all as-built drawings and one complete set of all approved submittals, product data, and samples which were reviewed by the Designer. These drawings and submittals shall be on paper, or in electronic or other media if required by the Supplementary Conditions. These drawings and submittals shall be categorized and packaged as directed by the Designer. ARTICLE 7. CONTRACTOR 7.1 The Contractor shall supervise and direct the Work efficiently and with the Contractor's best skill and attention. Except as may be set forth specifically in the Contract Documents, the Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction, and for safety precautions and programs in connection with the Work. The Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. 7.2 The Contractor shall appoint a Project Manager and shall keep on the Project at all times during its progress a competent Resident Superintendent and necessary assistants who shall not be replaced without prior written approval by the Owner except under extraordinary circumstances, in which event immediate written notice shall be given to the Designer and the Owner. The Project Manager and the Resident Superintendent may be the same person or different persons. At any time, the Owner, in its sole and absolute discretion, may require the Contractor to replace the Project Manager or Resident Superintendent with an experienced and competent person or persons upon seven (7) days written notice from the Owner to the Contractor. Such replacement shall be at the Contractor's expense and at no cost to the Owner. Both the Project Manager and the Resident Superintendent shall have authority to act on behalf of the Contractor, and instructions, directions or notices given to either of them shall be as binding as if given to the Contractor. 7.3 The Contractor shall provide sufficient competent and suitably qualified personnel, equipment, and supplies to lay out the Work and perform construction as required by the Contract Documents. The Contractor will at all times maintain good discipline and order at the site, and will comply with all applicable OSHA standards. Any person employed by the Contractor, any Subcontractor, or any sub-subcontractor who, in the opinion of the Designer or the Owner, does not perform his Work in a proper and skillful manner or is intemperate or disorderly shall, at the written request of the Owner or Designer, be removed forthwith by the Contractor, Subcontractor, or sub-subcontractor employing such person without cost to the Owner, and shall not be employed again in any portion of the Work without the written approval of the Owner or Designer. Revised 11/19 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 19 Should the Contractor fail to remove such person or persons or fail to furnish suitable and sufficient personnel for the proper prosecution of the Work within three (3) days after written order, the Owner may withhold further payment by written notice until compliance with such order. 7.4 If, in the opinion of the Designer or the Owner, any Subcontractor on the Project is incompetent or otherwise unsatisfactory, he shall be replaced by the Contractor with no increase in the Contract Price if and when directed by the Designer or the Owner in writing. 7.5 The Contractor shall furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools appliances, fuel, light, heat, and all other facilities and incidentals necessary for the execution, maintenance, initial operation, and completion of the Work, other than those specifically excluded by the Contract Documents and to be furnished by the Owner or others. When use or storage of hazardous materials or equipment or methods of more than ordinary risk are necessary in accomplishing the Work, the Contractor shall give the Owner and Designer reasonable advance notice. If any materials are to be furnished or installed by the Owner or others under the terms of the Contract Documents, said materials shall be made available to the Contractor at the location(s) specified in the Contract Documents. All costs of handling, transportation from the specified location to the Project, storage, and installing of Owner-furnished materials shall be included in the Contract Price. The Contractor shall be responsible for any demurrage, damage, loss, or other deficiencies which may occur during the Contractor's handling, storage, or use of such Owner-furnished material. The Owner shall deduct from any monies due or to become due the Contractor any cost incurred by the Owner in making good any such damage, loss, or efficiency. All equipment which is proposed to be used in the Work shall be of sufficient size and in such mechanical condition as to meet the requirements of the Work and produce a satisfactory quality of work. Equipment used on any portion of the Work shall be such that no injury to previously completed Work, adjacent property, or existing facilities shall result from its use. When the methods and equipment to be used by the Contractor accomplishing the Work are not prescribed in the Contract Documents, the Contractor shall be free to use any methods or equipment that will accomplish the Work in conformity with the requirements of the Contract Documents. When the Contract Documents specify the use of certain methods and equipment, such methods and equipment shall be used unless others are authorized by the Designer. If the Contractor desires to use a method or type of equipment other than specified in the Contract Documents, the Contractor may request authority from the Designer to do so. The request shall be in writing and shall include a full description of the methods and equipment proposed and of the reasons for desiring to make the change. If approval is given, it shall be on the condition that the Contractor shall be fully responsible for producing Work in conformity with the requirements of the Contract Documents. If, after trial use of the substituted methods or equipment, the Designer determines that the Work produced does not meet the requirements of the Contract Documents, the Contractor shall discontinue the use of the substitute method or equipment and shall complete the remaining Work with the specified methods and equipment at no additional cost to the Owner. The Contractor shall remove any deficient Work and replace it with Work of Revised 11/19 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 20 specified quality, or take such other corrective action as the Designer may direct. No change in the Contract Price or in Contract Time shall be made as a result of authorizing a change in methods or equipment under this paragraph. 7.6 All materials and equipment shall be new, except as otherwise provided in the Contract Documents. When special makes or grades of material which are normally packaged by the supplier or manufacturer are specified or approved, such materials shall be delivered to the Project site in their original packages or containers with seals unbroken and labels intact. Materials shall be so stored as to assure the preservation of their quantity, quality and fitness for the Work. Stored materials, even though approved before storage, may again be inspected by the Designer or Owner prior to their use in the Work and shall meet the requirements of the Contract Documents at the time they are incorporated into the Work. Stored materials shall be located so as to facilitate their prompt inspection. The Contractor shall coordinate the storage of all materials with the Designer and the Owner. Materials to be stored at the Project or on the Owner's property shall not create an obstruction to the Owner's or other contractor's reasonable activities. Private property shall not be used for storage purposes without written permission of the owner or lessee of such property. The Contractor shall make all arrangements and bear all expenses for the storage of materials on private property. Upon request, the Contractor shall furnish the Owner a copy of the property owner's permission. All storage sites on private or the Owner's property shall be restored to their original condition by the Contractor at his entire expense, except as otherwise agreed to (in writing) by the owner or lessee of the property. 7.7 All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, or processor, except as otherwise provided in the Contract Documents. 7.8 The Contractor will be fully responsible for all acts and omissions of his Subcontractors and of persons directly or indirectly employed by them and of persons for whose acts any of them may be liable to the same extent that the Contractor is responsible for the acts and omissions of the Contractor's own employees. Nothing in the Contract Documents shall create any contractual relationship between any Subcontractor or supplier and the Owner or the Designer, or any obligation on the part of the Owner or the Designer to pay or see to the payment of any money due any such Subcontractor or material furnisher except as may otherwise be required by law. The Owner or the Designer may furnish to any Subcontractor or supplier, to the extent practicable, evidence of amounts paid to the Contractor on account of specific Work done. 7.9 The divisions and sections of the Specifications and the identifications of any Drawings shall not control the Contractor in dividing the Work among Subcontractors. 7.10 The Contractor agrees to bind specifically every Subcontractor to the terms and conditions of the Contract Documents for the benefit of the Owner and to furnish written evidence thereof to the Designer and the Owner within seven (7) days after written request by the Owner. 7.11 The Contractor shall attend job progress conferences and all other meetings or conferences as directed by the Designer. The Contractor shall be represented at these job progress conferences by a representative having the authority of the Project Manager and by such other representatives as the Designer may direct. Job progress conferences shall be open to Subcontractors, suppliers and any others who may contribute beneficially toward maintaining Revised 11/19 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 21 required job progress, and such personnel shall be encouraged by the Contractor to attend. It shall be the principal purpose of job progress conferences to effect coordination, cooperation and assistance in every practical way toward the end of maintaining progress of the Project on schedule and to complete the Work and the Project by the specified Completion Dates. The Contractor shall be prepared to assess progress of the Work as required in the Contract Documents and to recommend remedial measures for correction of progress as may be appropriate. The Designer shall preside as chairman and arrange for minutes to be taken and circulated. In the event that the prosecution of the Work is discontinued for any reason, the Contractor shall notify the Designer and the Owner at least forty-eight (48) hours in advance of resuming operations. Should the terms of the Contract Documents require completion of one or more portions of the Work for the Beneficial Occupancy of the Owner prior to completion of the entire Work, the Contractor shall complete such portion(s) of the Work on or before the date specified. Such completion shall include the obtaining of all government or other permits, permission, and/or approvals necessary to occupancy. The Contractor shall independently estimate the difficulties involved in arranging the Work to permit such Beneficial Occupancy and shall not claim any additional compensation or time extension by reason of any delay or increased cost due to completing such portion(s) of the Work. The Owner's possession and use of such portion(s) of the Work shall not be deemed an acceptance of any Work not completed in accordance with the Contract Documents. The Owner shall be responsible for the security, maintenance, utilities, and insurance of all portions of the Work completed and beneficially occupied by the Owner. 7.12 The Contractor shall pay all license fees and royalties, and assume all costs incident to the use of any invention, design process, or device which is the subject of patent rights or copyrights held by others, except for inventions, design processes, or devices specified by the Designer in the Contract Documents. The Contractor shall indemnify and hold harmless the Owner, the Designer, and anyone directly employed by either of them, from and against all claims, damages, losses and expenses, including attorney's fees and costs of defense, arising out of any infringement or alleged infringement of such rights during or after completion of the Work, and shall defend all such claims in connection with any actual or alleged infringement of such rights. 7.13 The Contractor shall secure and pay for all permits, including without limitation construction permits and licenses, and will pay all governmental charges and inspection fees necessary for the prosecution of the Work. 7.14 The Contractor shall give all notices and comply with all laws, ordinances, rules, and regulations applicable to the Work and shall protect and indemnify the Owner and the Owner's officers, agents, or servants against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by the Contractor or by the Contractor's employees, Subcontractors, sub-subcontractors, or their employees. 7.15 The Contractor shall be responsible for the entire site of the Project (except those under the Beneficial Occupancy of the Owner) and for its reasonable and necessary protection and security, as required by laws or ordinances governing such conditions, or by custom or sound construction practices, and shall share such responsibilities as may be agreed upon among Revised 11/19 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 22 them, or in the absence of such agreement, as may be directed by the Contract Documents, Owner, or Designer. The Contractor shall be responsible for any damage to the Owner's property, or that of others, by the Contractor or the Contractor's employees, Subcontractors, sub-subcontractors, or their employees or agents, and shall make good such damages. The Contractor shall be responsible for and pay for any such claims against the Owner. 7.16 The Contractor shall protect all landscaping designated to remain in the vicinity of the operations and barricade all walks, roads, and areas as necessary to keep the public away from the construction. 7.17 The Contractor shall provide cover and/or protect all portions of the Work and provide all materials necessary to protect the Work whether performed by the Contractor or any of the Subcontractors or sub-subcontractors. Any Work damaged through the lack of proper protection, or from any other cause, shall be repaired or replaced without extra cost to the Owner or extension to the Contract Time. The Contractor shall maintain the Work during construction and until the Work is accepted. This maintenance shall constitute continuous and effective effort prosecuted day by day, with adequate equipment and forces so that the Work is maintained in satisfactory condition at all times. All costs of maintenance shall be included in the Contract Price and the Contractor will not be paid an additional amount for such effort. Should the Owner or Designer observe that the Contractor at any time has failed to maintain the Work as provided herein, the Designer may immediately notify the Contractor of such noncompliance. Such notification shall specify a reasonable time within which the Contractor shall be required to remedy such unsatisfactory maintenance condition. Should the Contractor fail to properly respond to the Designer's notification, the Owner may, at the Contractor's expense, take such action as it may deem appropriate to remedy the defective maintenance, including suspension of the Contractor's Work or any part thereof. Any such expense incurred by the Owner shall be deducted from monies due or to become due the Contractor. Parking lots, streets, and walks connecting to the Project area shall be protected by the Contractor from deposits of mud, sand, stone, litter, or debris in any form. Pedestrian traffic areas around the construction limits must be maintained in a clean and safe condition at all times with required barricades and covered walkways. When excavation or other operations outside the Project limits is required, the Contractor shall, immediately following that work, return the area to its original condition. All catch basins and storm drain lines in the vicinity of the Project site shall be protected at all times from entry of dirt, rubble and other debris. The residue from the cleaning of trucks, wheelbarrows, concrete buggies, etc. must be prevented from entering the drainage system, and if cleaning is done, the residue must be contained and removed from the Project site with other refuse. 7.18 No burning of refuse or debris shall be allowed inside or around the Project during the course of construction without written authority from authorities having jurisdiction and the Owner. 7.19 The Contractor shall provide for and maintain necessary safety measures and safety programs for the protection of all persons involved with the Work. Such measures and programs Revised 11/19 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 23 shall include the requirements of the most current edition of the CAGC Safety and Health Manual [or the AGC Accident Prevention Manual in Construction], or equivalent requirements, and shall fully comply with all Federal, State, and local laws, rules, regulations, and building code requirements relating to the prevention of accidents or injuries to persons on or about the location of the Work. All trenches, excavations, or other hazards in the vicinity of the Work shall be well barricaded, and properly lighted at night. When Work requires closing of an area normally used by the Owner or the public, the Contractor shall furnish, erect, and maintain temporary barricades, and properly light the area. The Contractor shall comply with any directions and public authorities in this respect. 7.20 The Contractor shall designate a responsible officer or employee as safety inspector, whose duties shall include accident prevention on the Project as well as implementation of the Contractor's safety measures and safety programs on the Project. The name of the safety inspector shall be made known to the Designer and the Owner at the preconstruction conference. 7.21 In emergencies affecting the safety of persons, the Work, or property at the Project site or adjacent thereto, the Contractor is obligated to act in the Contractor's discretion to prevent threatened damage, injury, or loss. As soon as practicable, the Contractor shall notify the Designer and Owner of such emergency. The Contractor shall give the Designer and the Owner prompt written notice of any significant changes in the Work or deviations from the Contract Documents caused by such emergency. If the Contractor believes that additional work done in an emergency entitles the Contractor to an increase in the Contract Price or an extension of the Contract Time, the Contractor may make a claim therefore as provided in Articles 14 and/or 15. 7.22 The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by the Work. At least weekly and at the completion of the Work, the Contractor shall remove all waste materials and rubbish from and about the Project. At the completion of the Work, the Contractor shall remove all tools, construction equipment, machinery, and surplus materials. The Contractor shall leave the Work in condition for occupancy by the Owner such that no cleaning or other operations are required. Material cleared from the Project and deposited on adjacent property shall not be considered as having been disposed of satisfactorily. If the Contractor fails to keep the Project clean of waste materials or rubbish, fails to satisfactorily clean-up weekly or at the completion of the Work, the Owner may do so and the costs thereof may be deducted from any amounts due the Contractor. 7.23 Utilities, temporary facilities, and signs shall be provided as described in the Contract Documents. Absent a contrary direction in the Supplementary Conditions, the Contractor shall pay all bills for water, electricity, or other public utility service to the Project site. 7.24 The Contractor shall indemnify and hold the Owner, the Designer, the Designer's consultants, and their officers, agents, and employees harmless against all costs, damages, and expenses, including attorney's fees and costs of defense, arising out of claims by any separate contractor or by any Subcontractor, sub-subcontractor, or supplier engaged by or employed by the Contractor or employed by any of the Subcontractors claiming through him, including without limitation damages, losses, and expenses arising out of or relating to any Revised 11/19 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 24 inconvenience, delay, interference, or other action or non-action of the Contractor or the Contractor's Subcontractors on the Project. The Contractor acknowledges that should the Contractor or any of the Contractor's Subcontractors be damaged by any breach of contract by any other separate prime contractor on the Project, the Contractor may invoke applicable dispute resolution procedures with said other separate prime contractor or bring a direct civil action against said other separate prime contractor. The Contractor hereby expressly agrees that neither the Owner nor its officers, agents, or employees shall have any liability of any kind or nature whatsoever to the Contractor, its Subcontractors, sub-subcontractors, or suppliers arising out of or relating to any breach, inconvenience, delay, interference, or other action or non-action by any other separate prime contractor. The Contractor covenants not to sue the Owner for any loss or damage caused by any breach, inconvenience, delay, interference, or other action or non-action by any other separate prime contractor, notwithstanding whatever rights at law the Contractor might have to bring a civil action against the Owner for any breach, inconvenience, delay, interference, or other action or non-action of any other separate prime contractor. The Contractor agrees to look exclusively to the other prime contractor for relief or remedy. Nothing contained herein or appearing anywhere in the Contract Documents shall obligate or require the Owner to exercise any right or privilege, or to take any action or to refrain from taking any action under any contract it may have with any other prime contractor or party to the Project for the benefit of the Contractor or any Subcontractor, subSubcontractor, or supplier claiming through the Contractor. 7.25 Prior to completion of the Work and Final Payment of the Contract Price, excepting only those portions of the Work deemed accepted in accordance with the Contract Documents, the Contractor shall have charge and care of the Work, and shall take every precaution against injury or damage to any part due to the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the Work. The Contractor shall as required by the Owner replace, rebuild, repair, restore, and make good all injury or damage to any portion of the Work occasioned by any of the above causes before Final Completion and shall bear the expenses thereof. 7.26 In the event that the Work, or any portion thereof, is suspended at any time pursuant to an order of the Owner, the Contractor shall obey all instructions of the Owner regarding storage of materials, drainage, protection of the Work, and erection of temporary structures during the suspension period. 7.27 The Project Expediter for the Project shall be responsible for the coordination of the Work of itself and any other separate contractors, both as to space and time. The Project Expediter shall coordinate the implementation of the Contract Construction Schedule, all construction activities and close-out of the Project, including but not limited to all testing, inspection, certifications, and approvals required by public agencies. The Contractor and the Project Expediter shall each be required to notify the Designer and the Owner promptly of any event or condition which could affect the conduct or progress of the Work and shall cooperate fully with all other contractors on the Project site. 7.28 The Owner hereby delegates to the Project Expediter all of its duties to coordinate and to Revised 11/19 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 25 expedite the Work not expressly reserved to the Owner by other provisions of the Contract Documents. 7.29 All Work performed pursuant to the Contract Documents shall conform in all respects to the North Carolina State Building Code and all other state, local, and national codes in effect at the time of and applicable to this Work. 7.30 The Contractor shall provide for and maintain necessary safety measures and safety programs for the protection of all persons at the Project site, and shall comply at all times with the requirements of the most current edition of the CAGC Safety and Health Manual [or the AGC Accident Prevention Manual in Construction], or the equivalent requirements of the Contractor's safety program, and shall fully comply with all Federal, State, and local laws, rules, regulations, and building code requirements so as to prevent accidents or injuries to persons on or about the Project site. The Contractor shall clearly mark or post signs warning of existing hazards, and shall barricade excavations, elevator shafts, stairways, and similar hazards. The Contractor shall protect against damage or injury resulting from falling materials, and shall maintain all protective devices and signs throughout the progress of the Work. 7.31 The Contractor shall adhere to the rules, regulations, and interpretations of the North Carolina Department of Labor's Occupational Safety and Health Standards for the Construction Industry (29 CFR Part 1926 as adopted in 13 NCAC 07F.0201, including 29 CFR Part 1910 General Industry Safety and Health Standards applicable to construction) and N.C. Gen. Stat. §95-126 through 155 (Occupational Safety and Health) as well as all revisions and amendments to such standards or statutes as may occur throughout the performance of the Work. 7.32 Any land disturbing activity performed by the Contractor in connection with the Project shall comply with all erosion control measures set forth in the Contract Documents and any additional measures which may be required in order to ensure that the Project is in full compliance with the Sedimentation Pollution Control Act of 1973, as implemented by Title 15 North Carolina administrative Code, Chapter 4, Sedimentation Control, Subchapters 4A, 4B and 4C, as amended (15 NCAC 4A, 4B, and 4C), and as may be revised or amended in the future. Upon receipt of notice that a land-disturbing activity is in violation of said Act, the Contractor shall be responsible for ensuring that all steps or actions necessary to bring the Project in compliance with said Act are promptly taken. The Contractor shall be responsible for all penalties assessed pursuant to N.C. Gen. Stat. 113A-64 with respect to its Work, and shall indemnify and hold harmless the Owner from all costs and expenses, including attorney's fees and costs of defense arising out of or related to the enforcement of the Act against any party or person described in this Article. 7.33 Any mechanical or electrical work such as sleeves, inserts, chases, etc. located in the Work of the Contractor for general work shall be built in by that Contractor. On multiple prime projects, the mechanical and electrical contractors shall set all sleeves, inserts, and other devices built into the structure in cooperation and under the supervision of the Contractor for general work. The responsibility for exact location of such items shall be that of the mechanical, plumbing, or electrical prime contractor. 7.34 The Contractor shall be responsible for permanently fixed service facilities and systems in use during progress of the Work and shall strictly adhere to the following procedures: Revised 11/19 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 26 a) Prior to acceptance of the Work by the Owner, the Contractor shall remove and replace any part of the permanent building systems damaged through use during construction. b) Temporary filters shall be installed in each of the heating and air conditioning units, return air grilles, and other locations to prevent intrusion of dust, dirt, and debris during construction. Temporary filters shall be removed and replaced with new filters immediately prior to Substantial Completion. c) Extra effort shall be maintained to keep the building clean and under no circumstances shall air systems be operated if finishing operations are creating dust in excess of what would be considered normal if the building were occupied. d) When the permanent lighting system is used during construction, lamps shall be replaced and shall be new on the date of Substantial Completion. ARTICLE 8. OWNER 8.1 The Owner shall issue communications and notices to the Contractor through the Designer to the extent contemplated by the Contract Documents. 8.2 In case of termination of the employment of the Designer, the Owner shall appoint as Designer a qualified person who shall have and assume all rights and duties held by the original Designer. 8.3 The Owner shall have the right to take possession of and use any portion of the Work notwithstanding the fact that the time for completion of such portion of the Work may not have expired, but such taking possession and use shall not be deemed an acceptance of any Work not completed in accordance with the Contract Documents. 8.4 A waiver on the part of the Owner of any breach of any part of the Contractor shall not be held to be a waiver of any other or subsequent breach. 8.5 The Owner shall pay all permanent acreage fees, governmental impact fees, and meter deposits for permanent utilities. ARTICLE 9. CONSTRUCTION MANAGER 9.1 The Owner may employ one or more Construction Managers for the purpose of assisting the Owner, Designer, and Contractor in developing and administering budgets and cost controls, in evaluating constructability and value engineering proposals, in establishing and maintaining a critical path method (CPM) schedule, in coordinating and/or expediting the Work with other projects being constructed by the Owner or others adjacent or near the Work, or for such other purposes as the Owner may deem appropriate. From time to time the Owner may identify such Construction Managers(s) to the Contractor in writing identifying any tasks assigned to such Construction Managers(s). ARTICLE 10. DESIGNER Revised 11/19 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 27 10.1 The Designer is charged with the responsibility of interpretation of the Contract Documents. The Designer's decisions relating to aesthetic matters shall be final. 10.2 All Work completed under the Contract Documents shall be subject to review by the Designer. No Work is to be covered without the Designer's review or prior authorization. Any Work so covered without the Designer's review or prior authorization shall be uncovered at the Contractor's expense. The Contractor shall notify the Designer in writing at least twenty-four (24) hours in advance of covering any Work. 10.3 The Designer shall not be responsible for the construction means, methods, techniques, sequences, procedures, or the safety precautions and programs incident thereto, and shall not be responsible for the Contractor's failure to perform the Work in accordance with the Contract Documents, but shall be entitled to enforce any requirements in the Contract Documents specifying particular means, methods, techniques, sequences, or procedures. 10.4 The Designer shall be an Owner's representative during the construction period. The duties, responsibilities and authority of the Designer as the Owner's representative during construction are as set forth in the Contract Documents. ARTICLE 11. TESTING AND SURVEYING 11.1 Laboratory and field tests to determine compliance of construction with the Contract Documents shall be made by the Owner or testing consultants employed by the Owner except those required elsewhere in the Contract Documents to be paid for by the Contractor. The costs and expenses of providing samples for and assistance in any testing shall be borne by the Contractor and are included in the Contract Price. Any Work in which untested materials are used without approval or written permission of the Designer shall be removed and replaced at the Contractor's expense. Work found to be unacceptable or unauthorized will not be paid for and, if directed by the Designer shall be removed and replaced at the Contractor's expense. Unless otherwise designated, tests in accordance with the cited standard methods of ASTM or other generally recognized or specifically authorized methods which are current on the date of advertisement for bids shall be made at the expense of the Owner; provided, however, in the event that after such testing any Work is found to be defective or does not meet the requirements of the Contract Documents, the costs of retesting such Work and the costs of inspection services shall be paid by the Contractor. Samples shall be taken by a testing laboratory employed by the Owner. All materials being used are subject to inspection, tests, or rejection at any time prior to or during incorporation into the Work. Copies of all Owner test reports will be furnished to the Contractor at his written request. Copies of Contractor test reports shall be furnished to the Designer upon written request. 11.2 The Owner shall have the right to deduct the costs of additional testing as described in paragraph 11.1 from any money due the Contractor; or if no money is due the Contractor, the Owner shall have the right to recover these costs from the Contractor, from its sureties, or from both. 11.3 All layouts and surveying shall be accomplished by properly qualified personnel duly licensed in the State of North Carolina. ARTICLE 12. SEPARATE CONTRACTS Revised 11/19 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 28 12.1 It is expressly understood that the Owner may deploy the Owner's own employees or engage other separate prime contractors to perform Work as a part of the Project whose work will be performed simultaneously and sequentially with the performance of the Work by the Contractor. It shall be necessary for the Contractor to coordinate construction activities with such other contractors, particularly with respect to access to work areas, storage of materials, and use of elevators and other common facilities. The Contractor shall diligently and in good faith cooperate with the Owner, the Designer, and all other contractors with respect to such matters and shall regularly and faithfully attend any and all meetings called by the Owner or the Designer with respect to such matters. Any disputes between the Contractor and any other separate prime contractor with respect to such matters shall be resolved in accordance with the claim and dispute resolution procedures in the Agreement. ARTICLE 13. CONTRACT TIME 13.1 Within fourteen (14) days after receipt of the Construction Contract by the Contractor for signatures, the Project Expediter shall prepare and submit to the Designer and Owner for review and approval a preliminary progress schedule for the Work pursuant to the requirements stated in the Contract Documents. 13.2 Within fourteen (14) days after initial receipt of the Construction Contract for signatures the Contractor shall submit to the Designer a Submittal Register listing all Submittals the Contractor is required to make or proposes to make under the Contract Documents, the dates on which the Contractor proposes to make such Submittals and the dates by which the Contractor reasonably requires a response from the Designer with respect to each Submittal. The dates submitted shall be incorporated into the Contract Construction Schedule as Completion Dates when they have been approved or modified by the Owner. The Designer shall not be required to review any Submittal from the Contractor until a Submittal Register acceptable to and approved by the Owner has been submitted by the Contractor. 13.3 Not later than thirty (30) days following execution and delivery of the Construction Agreement by Owner to Contractor, the Owner shall deliver to the Contractor a Notice to Proceed. The Notice to Proceed shall state a commencement date on which it is expected that the Contractor will begin the Work to be performed under the Agreement. The Contract Time shall be measured from said specified commencement date. The commencement date stated in the Notice to Proceed shall not be earlier than three (3) days after the Notice to Proceed is served on the Contractor. If, other than by mutual agreement, said specified commencement date is more than thirty (30) days after the date of execution and delivery of the Agreement from Owner to Contractor and the Contractor believes said delay justifies an increase in Contract Price and/or an extension of Contract Time, the Contractor may make a claim therefore as provided in Article 14 and/or Article 15. No Work shall be done prior to the date specified in the Notice to Proceed. A final Contract Construction Schedule shall be submitted for approval by the Contractor, Designer, and Owner no later than fourteen (14) days after Notice to Proceed. No payments shall be due the Contractor until this schedule is approved by all parties. 13.4 The Contract Construction Schedule is a Contract Document. The Contractor represents that the Contract Construction Schedule has been reviewed in detail, that the Contractor Revised 11/19 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 29 participated in its preparation, that all of the activities which impact, limit, or otherwise affect the time of completion of the Work are shown in the Contract Construction Schedule and that all of the activities of others which impact, limit, or otherwise affect the start, duration, or completion of the Contractor's activities are also shown. The Contractor further represents that the Contractor can and will complete each activity within the time shown for that activity. Time is of the essence with respect to each such activity and Completion Date. 13.5 If the Contractor submits a construction schedule, progress report, or any other document that indicates or otherwise expresses an intention to achieve completion of the Work prior to any Completion Date required by the Contract Documents or prior to expiration of the Contract Time, no liability of the Owner to the Contractor for any failure of the Contractor to so complete the Work shall be created or implied. 13.6 If the Contractor, for reasons beyond the Contractor's control, is delayed in beginning any activity, the Contractor shall, nevertheless, have the same number of days as is shown in the Contract Construction Schedule for the activity, and the affected activity and any succeeding activity that is dependent upon that activity shall be adjusted accordingly; provided that at any time the Owner, by means of a Change Order, may require the Contractor to work overtime, to increase labor forces or to take any necessary or appropriate action to decrease the time required for any activity, and the Contractor shall be entitled to an adjustment in the Contract Price computed in accordance with Article 15 of these General Conditions. 13.7 At any time, the Owner may order the Contractor, on seven (7) days written notice, to begin any activity earlier than the starting date shown on the Contract Construction Schedule. 13.8 Should the Contractor fail to start any activity on the start date shown in the Contract Construction Schedule or as it may have been adjusted in accordance with paragraphs 13.5 or 13.6 above, or become delayed, the Contractor shall, without being entitled to any increase in the Contract Price or other compensation, work overtime, increase labor forces or take such other action as may be necessary or appropriate to complete the activity by the Completion Date shown on the Contract Construction Schedule, or as such Completion Date may have been adjusted. 13.9 The Designer and Owner or his Construction Consultant shall monitor progress of the work at all times and the Contractor shall cooperate with such monitoring and provide any and all information with respect to the progress of the Work and scheduling as the Owner may reasonably require. 13.10 On a monthly basis, the Contractor shall revise the Contract Construction Schedule, showing any adjustments made in accordance with paragraphs 13.5 or 13.6, above, by any Change Order, the progress of the Work, and any days gained or days lost with respect to any activity, and shall furnish copies thereof to the Owner and Designer. 13.11 Should any monthly revision of any Contract Construction Schedule show that the Contractor is behind on any activity, the late completion of which could delay Substantial Completion of the Work, the Owner shall be entitled to withhold from the next Progress Payment due the Contractor an amount not exceeding the amount the Owner would be entitled to in Liquidated Damages, should Substantial Completion be delayed by the same number of days that the Contractor is currently behind schedule. If, subsequently, the Contractor's progress, as Revised 11/19 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 30 shown by any succeeding monthly revision to the Contract Construction Schedule, is such that the anticipated delay no longer exists, the Owner shall pay with the Progress Payment next due to the Contractor such amounts as have been withheld in accordance with this paragraph. 13.12 The Owner shall have the right to perform Work, hire and employ labor and craftsmen, rent equipment, subcontract with other parties, or do anything that the Owner deems necessary or appropriate to remedy or cure any delay by the Contractor in the progress of the Work. Such action by the Owner shall not, in any way, affect, void or limit any warranty, guaranty or other responsibility of the Contractor under the Contract Documents. Such action may be taken by the Owner only after three (3) days written notice to the Contractor. All costs incurred by the Owner in taking any such action shall be charged to the Contractor and deducted from any amounts remaining due under the Agreement. 13.13 The Contractor may be entitled to an extension of the Contract Time (but no increase in the Contract Sum) for delays arising from unforeseen causes beyond the control and without the fault or negligence of the Owner, the Contractor or the Contractor's Subcontractors as follows: a) Labor disputes and strikes that directly impact the critical path activities of the Contract Construction Schedule; b) Acts of God, tornado, fire, hurricane, blizzard, earthquake, typhoon, or flood that damage completed Work or stored materials. c) Acts of the public enemy; acts of the State, Federal, or local government in their sovereign capacities. d) Abnormal inclement weather as defined in Article 13.14. 13.14 On any day that the Contractor considers that the Project is delayed by adverse weather conditions, the Contractor shall identify in writing to the Designer and the Owner the adverse weather conditions affecting each activity, the specific nature of the activity affected, the number of hours lost, and the number of and identity (by responsibility or trade) of workers affected and shall obtain from the Designer written recognition of the delay. The time for performance of this Contract includes an allowance for a number of calendar days which may not be suitable for construction Work by reason of adverse weather. The Contract Time will be extended only if the number of calendar days of adverse weather recognized by the Designer exceeds the number of inclement weather days set forth below, and the Contractor demonstrates how this adverse weather impacts activities on the critical path of the Contract Construction Schedule. Month Number of Inclement Weather Days January 10 February 10 March 10 April 9 May 10 June 9 July 11 August 10 September 8 October 7 Revised 11/19 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 31 November 8 December 9 13.15 If the Contractor believes that the progress of the Work has been adversely affected by adverse weather recognized by the Designer during a particular month, the Contractor shall submit a written request for extension of time to the Designer. Such a request for time extension of the Contract Time shall be submitted by the tenth (10th) day of the month following that month in which the adverse weather is encountered. The request shall include, but is not limited to, the following information: a) Detailed description of weather's effect on scheduled activities and its net effect on the critical path of the Project, and b) Weather records from the official weather station nearest the Project site and records of actual observation as contained in daily reports, correspondence, or other documentation. 13.16 The Contractor specifically recognizes that a delay by the Contractor in achieving any Completion Date can have the effect of delaying the Substantial Completion of the Project, that such delay in Substantial Completion of the Project will necessarily cause damages, losses, and expenses to the Owner, including, but not limited to and by way of illustration only, increased capitalized costs and interests for the Project, increased and extended Project overhead, Designer's and Consultant's fees, increased costs of construction, increased and extended operation costs of other facilities, and inefficiency and loss of productivity, and that such damages, losses, and expenses may not be readily identifiable or ascertainable at the time they are incurred or at any time. Therefore, and in recognition of these factors and the likelihood that actual damages from his delay will not be readily ascertainable, the Contractor agrees to pay to the Owner, as Liquidated Damages and not as a penalty, the sum identified in the Contract Documents hereto as the Liquidated Damages per Day, for each day by which the failure to meet any Completion Date shown in the Contract Construction Schedule, adjusted in accordance with this Article, delays the Substantial Completion of the Project. 13.17 The Contractor shall not be entitled to any adjustment in the Contract Price or other compensation from the Owner for any delay in the completion of or progress on the Work that is caused by a force majeure condition or is otherwise not caused by the sole and direct act or omission of the Owner and the Owner's employees or agents. 13.18 The sum for Liquidated Damages is the amount stated in the Contract Documents as Liquidated Damages reasonably estimated in advance to cover the losses to be incurred by the Owner by reason of failure of said Contractor(s) to complete the Work within the time specified, such time being in the essence of this contract and a material consideration thereof. ARTICLE 14. CHANGES IN THE WORK 14.1 Without invalidating the Contract Documents, the Owner may, at any time, or from time to time order additions, deletions, or revisions in the Work. Said additions, deletions, or revisions shall be authorized only by written Change Orders, Construction Change Directives or Field Orders. Upon receipt of a Change Order, Construction Change Directive or Field Order, the Contractor shall proceed with the Work involved. All such Work shall be executed under the applicable conditions of the Contract Documents. If any change causes an increase or decrease in the Contract Price and/or an extension or shortening of the Contract Time, adjustments shall be made as provided in Article 14 and/or Article 15. In order to expedite the Work and avoid or minimize delay in the Work that might affect the Contract Price or Contract Time, the Designer Revised 11/19 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 32 may issue a Change Order in the form of a Construction Change Directive which when signed by the Owner and Designer, directs the Contractor to proceed promptly with the Work involved. Any claim for an adjustment in Contract Price or Time, if not defined in the Construction Change Directive, shall be promptly made in writing in accordance with the procedures defined in Article 15.2. 14.2 The Designer may authorize minor changes or alterations in the Work not involving change in the Contract Price or in the Contract Time and not inconsistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order. Such alterations shall not invalidate the Contract Documents nor release the surety. If the Contractor believes that any minor change or alteration authorized by the Designer entitles him to an increase in the Contract Price and/or an extension of Contract Time, he may make a claim therefore as provided in Article 14 and/or Article 15. 14.3 Except in an emergency endangering life or property, no change shall be made by the Contractor except upon prior written Change Order, Directive or Field Order authorizing such Change. 14.4 Increases in the Contract Price and/or extensions of the Contract Time for additional Work performed by the Contractor shall only be in accordance with a written Change Order signed by the Owner and Designer. The Contractor shall not be entitled to additional time or to additional compensation for any Work performed or material supplied which is claimed to have been authorized or settled by an "oral" change, or by a "constructive" or "implied" change, or by a course of conduct, or by any action or non-action by the Owner, Designer, or any other persons, or by any means whatsoever other than by a written Change Order for such Work or material signed by the Owner and the Designer. 14.5 Changes in the Work resulting from emergency shall not invalidate the Contract Documents nor release the surety. 14.6 Neither the Owner nor the Designer shall be responsible for verbal instructions which have not been confirmed in writing, and in no case shall such instructions be interpreted as permitting a departure from the Contract Documents unless such instruction is confirmed in writing and supported by a proper Change Order, Construction Change Directive or Field Order, whether or not the cost is affected. 14.7 The Owner, in its sole discretion, may require that the Contractor notify the Contractor's sureties of any changes affecting the general scope of the Work or change in the Contract Price, and that the amount of applicable bonds shall be adjusted accordingly. If this requirement is exercised, the Contractor shall furnish proof of such adjustment to the Designer and the Owner. If this requirement is exercised, the Change Orders shall require written consent of the Contractor's surety. At the time of signing a Change Order, the Contractor shall be required to certify as follows: "I certify that all sureties have been notified that my contract has been altered by the amount of this Change Order, and that a copy of the approved Change Order will be mailed to all sureties upon its receipt by me." If this requirement is exercised, no payment to the Contractor on account of any Change Order shall become due or payable until written evidence Revised 11/19 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 33 of the surety's consent to the Change Order has been furnished to the Designer and to the Owner, and the furnishing of such written consent is a condition precedent to such payment. 14.8 The Contractor shall support all requests for Change Orders with a detailed cost breakdown showing cost of materials, labor, equipment, transportation, other items, Contractor's overhead and profit, and total cost, in accordance with methods defined in this Article, and, if the request seeks an extension of the Contract Time, with a time-related diagram which demonstrates specifically why an increase in construction time is needed. 14.9 When a request for a Change Order involves a Subcontractor, the Contractor shall provide quotation from same on Subcontractor's letterhead. The Subcontractor's quote shall list materials, equipment, and labor separately, and show overhead and profit in the manner provided in paragraph 14.8. ARTICLE 15. CHANGE OF THE CONTRACT PRICE 15.1 The Contract Price constitutes the total compensation payable to the Contractor for performing all Work under the Contract Documents. All duties, responsibilities, and obligations assigned to or undertaken by the Contractor shall be at his expense without change in the Contract Price. The Contract Price may only be changed by a Change Order. 15.2 Any claim for an adjustment in the Contract Price shall be in writing and written notice of any event, action, or non-action which may become the basis of a claim shall be delivered to the Owner and the Designer within three (3) days of the occurrence of any such event, action or non-action giving rise to the claim. Such written notice is a condition precedent to the making of a claim, and such notice shall describe the basis of the potential claim with reasonable detail and clarity. A claim shall be made in writing and shall be delivered to the Designer and the Owner no later than fourteen (14) days after such notice. The claim shall describe in detail the basis for the claim, with specific reference to any provisions of the Contract Documents, by paragraph, drawing number, or other specific identification, and shall state the amount claimed and how it is calculated. If the Contractor, at the time the claim is made, is unable to state the amount claimed with accuracy, the Contractor shall so state and provide the estimated amount and the basis on which the amount is to be calculated. At the earliest date practicable, but in no event more than thirty (30) days after Contractor's notice of claim, the Contractor shall supplement the claim with an accurate statement of the amount claimed and how it has been calculated. The Contractor shall provide, in writing, in support of the claim all such explanations, arguments, data, receipts, expert opinions, or other documents or information as the Contractor deems appropriate to be considered in support of the claim. A claim may properly be rejected by the Owner by reason of the Contractor's failure to submit adequate or accurate documentation or information, except that within seven (7) days after being given notice that the claim has been rejected on this basis, the Contractor may submit additional documentation or information. No claim for a change of the Contract Price shall be considered or granted (except solely at the discretion of the Owner) unless a claim is so made, nor shall the Contractor be entitled to any increase in the Contract Price unless the Contractor has given notice and made such a written claim within the times required. The Owner shall decide, after obtaining the advice of the Revised 11/19 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 34 Designer, whether an increase in Contract Price is warranted, and the amount of such increase shall be determined as provided in paragraph 15.4 through 15.5, below. Any change in the Contract Price resulting from any such claim shall be incorporated in a Change Order. The Owner shall advise the Contractor of its decision with respect to the claim within fourteen (14) days of its receipt, or of the receipt of additional documentation or information if the absence of such has previously been the basis of rejection of the claim; provided, however, that if, in its sole discretion, the Owner deems that review or consideration of any part of the claim or any matter related thereto by its governing Board is necessary or appropriate, it shall so advise the Contractor and shall provide its decision to the Contractor within seven (7) days after such Board consideration, review or action. Any claim on which the Owner has not provided its decision to the Contractor within the applicable time period shall be deemed denied. If the Contractor is not satisfied with the decision of the Owner, the Contractor may within seven (7) days of receipt of the Owner's decision initiate the mediation process as described in Appendix A to the General Conditions of the Contract for Construction. 15.3 In determining the amount of a Contract Price adjustment, the parties shall apply the following methods, as appropriate: (A) Change in Work: The Owner and Contractor shall negotiate in good faith and attempt to agree upon the value of any change (extra or decrease) in Work prior to the issuance of a Change Order covering said Work. Such Change Order shall set forth the corresponding adjustment to the Contract Price. In the event the Owner and the Contractor are unable to agree, the Owner shall grant an equitable adjustment in the Contract Price. (B) Emergency Work: In the event of emergency endangering life or property, the Contractor may be directed by the Designer to proceed on a time and material basis, whereupon the Contractor shall so proceed and keep accurately, in such form as may be required by the Designer, a correct account of costs together with all proper invoices, payrolls, and supporting data therefore. 15.4 Where the Contract Price is to be adjusted, the following limitations shall apply in determining the amount of adjustment: (A) In the case of extra or emergency work, the Contract Price shall not be increased by more than the reasonable, actual, and documented net cost of the extra or emergency work plus ten percent (10%) of such net cost on Work performed by the Contractor and five percent (5%) thereof on any subcontracted Work for overhead and profit combined. (B) In the case of a decrease in Work, the Contract Price shall not be decreased by less than the net cost of the deleted Work plus five percent (5%) of such direct net cost for profit and overhead. The term 'net cost' as used herein shall include, as applicable, and shall be limited to, all direct labor, direct material, direct equipment, labor burden, sales taxes, shipping and handling charges, permits and fees, and insurance and bond premium adjustments, if any, attributable to the change. All other items of cost shall be considered as overhead and covered by the percentages allowed in sections A and B of this paragraph. Revised 11/19 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 35 The Contractor shall provide worksheets or tabulations describing the method by which the direct net cost was calculated, and shall provide all data needed to support the calculation of the direct net cost, all in a form acceptable to the Owner. 15.5 Where the Contract Price is to be adjusted by negotiation, the Owner may authorize and designate the Designer to negotiate with the Contractor on behalf of the Owner; provided, however, any agreement reached between the Contractor and Designer shall be subject to approval by the Owner. ARTICLE 16. UNFORESEEN CONDITIONS 16.1 Should the Contractor encounter unforeseen conditions at the Project site materially differing from those shown on the Drawings or indicated in the Specifications or differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, the Contractor shall immediately, and in no event more than three days later, give notice to the Owner of such conditions before they are disturbed. The Owner and the Designer shall thereupon promptly investigate the conditions and if they find that they materially differ from those shown on the Drawings or indicated in the Specifications, they shall at once make such changes in the Drawings and/or Specifications as they may find necessary. Any increase or decrease in the Contract Price resulting from such changes shall be adjusted in the manner provided herein for adjustments as to extra and/or additional Work and changes. However, neither the Owner nor the Designer shall be liable or responsible for additional work, costs, or changes to the Work that could have been reasonably determined from any reports, surveys, and analyses made available for the Contractor's review or that could have been discovered by the Contractor through the performance of its obligations pursuant to the Contract Documents. ARTICLE 17. CORRECTION OF WORK BEFORE FINAL PAYMENT 17.1 The Owner has the authority to stop or suspend work, and the Designer has the authority to order Work removed or to order corrections of defective Work or Work not in compliance with the Contract Documents where such action may be necessary to ensure successful completion of the Work. Any work, materials, fabricated items, or other parts of the Work which have been found by the Designer to be defective or not in accordance with the Contract Documents shall be condemned and shall be removed from the Project by the Contractor, and immediately replaced by new Work in accordance with the Contract Documents at no additional cost to the Owner. Work or property of the Owner or others damaged or destroyed by virtue of such condemned Work shall be made good at the expense of the Contractor. Correction of condemned Work described above shall be commenced by the Contractor within twenty-four (24) hours after notice from the Designer or the Owner and shall be pursued to completion. Should the Contractor fail to proceed reasonably with the abovementioned corrections, the Owner may, three (3) days after the notice specified in the preceding sentence, proceed with correction, paying the cost, including costs of uncovering such condemned Work, of such corrections from amounts due or to become due to the Contractor. Revised 11/19 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 36 Condemned Work removed shall be the property of the Contractor and shall be removed from the Project by him within ten (10) days after notice to remove it, and if not then removed, thereafter may be disposed of by the Owner without compensation to the Contractor and the cost of such disposal shall be deducted from amounts due or to become due to the Contractor. Should the cost of correction of the Work and, if applicable, disposal of the condemned Work by the Owner exceed amounts due or to become due the Contractor, then the Contractor and the Contractor's sureties shall be liable for and shall pay to the Owner the amount of such excess. ARTICLE 18. CORRECTION OF WORK AFTER SUBSTANTIAL COMPLETION; WARRANTIES AND GUARANTIES 18.1 Neither the final certificate, Final Payment, occupation of the premises by the Owner, nor any provision of the Contract Documents, nor any other act or instrument of the Owner or the Designer shall relieve the Contractor from responsibility for negligence, defective material or workmanship, or failure to comply with the Contract Documents. 18.2 The Contractor shall, at the Contractor's sole cost and expense, make all necessary repairs, replacements, and corrections of any nature or description, interior or exterior, structural or non-structural, that shall become necessary by reason of defective workmanship or materials which appear within a period of one (1) year from the date of Substantial Completion; provided, however that notwithstanding the preceding, if any longer guarantee period is specified for any particular materials or workmanship under the Contract Documents, or under any subcontract, or in connection with any manufactured unit which is installed in the Project, or under the laws of the State of North Carolina, the longer guarantee period shall govern. 18.3 If, within any guarantee period, repairs or changes are required in connection with the Work, which are rendered necessary as the result of the use of materials, equipment, or workmanship which are inferior, defective, or not in accordance with the terms of the Contract Documents, the Contractor shall, promptly upon receipt of notice from the Designer and without expense to the Owner: a) Completely repair or replace the Work so that it conforms to the Contract Documents; b) Correct all defects therein; c) Make good all damage which, in the opinion of the Designer, is the result of the use of materials, equipment, or workmanship which are inferior, defective, or not in accordance with the terms of the Contract Documents; and d) Make good any Work or material, or any equipment or contents disturbed in fulfilling any such guarantee. If, in fulfilling the requirements of the Contract Documents or of any guarantee embraced therein or required thereby, the Contractor disturbs any work, facility, premises, or construction belonging to the Owner, the Contractor shall restore such disturbed work to a condition satisfactory to the Owner, and shall guarantee such restored work to the same extent as if it were Work under the Contract Documents. Revised 11/19 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 37 If the Contractor, after notice, fails to proceed promptly to comply with the terms of the guarantee, the Owner may have the defects corrected, and the Contractor and the Contractor's ureties shall be liable for all expenses incurred. "Promptly" is defined as within twenty-four (24) hours for systems necessary to normal operation of the building and within seventy-two (72) hours for all other items. All special guarantees applicable to definite parts of the Work that may be shown in or required by Contract Documents shall be subject to the terms of this paragraph during the first year of the life of such special guarantee. Manufacturer's standard guarantees or warranties which do not comply with the time limit specified herein shall be extended by the Contractor automatically without further action on the part of the Owner or the Designer. 18.4 In the eleventh calendar month after the date of Substantial Completion, and at the request of the Owner, the Contractor, the Owner and the Designer shall make an inspection of the Work for the purpose of identifying defective workmanship and/or materials. If the Contractor, having been requested to do so by the Owner, fails to participate in such inspection, the Contractor shall be conclusively bound by any decision or ruling by the Designer as to any defective workmanship or material and as to the Contractor's responsibility for its repair or replacement. ARTICLE 19. OWNER'S RIGHT TO DO WORK 19.1 If, during the progress of the Work or during any period of guarantee, the Contractor fails to prosecute the Work properly or to perform any provision of the Contract Documents, the Owner, after three (3) days written notice to the Contractor from the Designer, or from the Owner after Final Payment, may perform or have performed that portion of the Work and may deduct the cost thereof from any amounts due or to become due the Contractor. Notwithstanding any action by the Owner under this paragraph, all warranties and bonds given or to be given by the Contractor shall remain in effect or shall be given by the Contractor. 19.2 Should the cost of such action by the Owner exceed the amount due or to become due the Contractor, the Contractor and his sureties shall be liable for and shall pay to the Owner the amount of such excess. ARTICLE 20. PARTIAL PAYMENTS 20.1 Within thirty (30) days after his initial receipt of the Construction Contract for signatures, the Contractor shall submit to the Designer a Schedule of Values. The Schedule of Values shall indicate the value of the Work, including applicable overhead and profit, for each Division and section of the Project Specifications. The Designer and Owner shall be provided with the Contractor's estimate papers, Subcontractor agreements, supplier quotes, or other documents substantiating these values if so requested in writing by the Designer. The Contractor shall provide the requested documentation within seven (7) days after receipt of the Designer's written request. The Schedule of Values shall be subject to approval by the Owner, and if the Owner and the Contractor cannot agree upon the Schedule of Values, the Designer shall prepare it, and the Schedule of Values as prepared by the Designer shall be binding on the Owner and the Contractor. No Request for Payment shall be certified by the Designer until the Designer has issued approval of said Schedule of Values. 20.2 Not later than the fifth (5th) day of each calendar month the Contractor shall submit to the Designer a Request for Payment for Work done during the previous calendar month. The Revised 11/19 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 38 Request for Payment shall be in form of AIA Document G702 (latest edition) and shall show substantially the value of Work done (including the value of material delivered to the Project or stored by the Contractor at another site, subject to the conditions hereinafter set forth) during the previous calendar month, and shall sum up the financial status of the Work with the following information: a) Total Contract Price, including any adjustment thereto made pursuant to the Contract Documents. b) Value of Work completed and materials properly stored to date. c) Less amount retained. d) Less previous payments. e) Current amount due. f) Balance remaining. The Contractor, upon request of the Designer, shall substantiate the request with invoices, vouchers, payrolls, or other evidence. 20.3 When payment is requested or made on an account of stored materials, such materials must be stored on the Owner's property at such places and in such a manner as may be designated by the Designer. However, in the sole discretion of the Owner, with permission in writing from the Designer and Owner and under such circumstances as may be determined by the Owner, such materials may be stored in a bonded warehouse. The location and conditions for storage of such materials away from the Owner's property in a bonded warehouse shall be within the sole discretion of the Owner. Requests for Payment on account of stored materials shall be accompanied by paid invoices, bills of sale, warehouse receipts, or other documentary evidence establishing Owner's title to such materials, evidence that the stored materials are insured against loss and damage, and such other documentation as required by the Designer. Responsibility for the quantity, quality, and condition of such stored materials, whether stored on the Owner's property or away from the Owner's property, shall remain with the Contractor regardless of ownership or title. No payment shall be made on account of materials stored in a bonded warehouse unless the Contractor has acquired written permission from the Designer for such storage of materials and has complied with all conditions set forth in such permission regarding such storage of materials in a bonded warehouse. 20.4 Any Request for Payment received by the Designer on or before the fifth (5th) of the calendar month shall be certified for payment or returned for re-submission to the Contractor on or before the fifteenth (15th) of the calendar month. The Designer's certification shall be for the amount which was requested or that which the Designer has decided was justly due, and shall state in writing to the Contractor and Owner the reasons for withholding payment of any or all of the amount requested. 20.5 The Designer may fail to certify all or part of any payment requested for any of the following reasons: Revised 11/19 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 39 a) Defective Work not corrected. b) Suits, actions, or claims of any character filed against the Contractor, or due to the operations of the Contractor, or information or notice that a suit, action, or claim will be filed or has been made. c) Information or notice that a Subcontractor or a supplier has not received payment. d) The balance unpaid of the Contract Price is insufficient to complete the Work in the judgment of the Designer or Owner. e) Damage to the Owner or another contractor. f) Inability of the Contractor to meet a Completion Date, including an anticipated failure to meet a Completion Date entitling the Owner to withhold anticipated Liquidated Damages in accordance with paragraphs 13.15 and 13.17 hereof. g) Failure to furnish Submittal as required by the Contract Documents on a timely basis in accordance with the Submittal Register. h) Such other reason as to the Designer may appear prudent, proper, or equitable. When grounds for withholding certification have been corrected, the Designer shall so certify to the Owner and the Owner shall make any payment due with respect to such certification as a part of his next payment after such certification. 20.6 No certificate issued or progress payment made shall constitute an acceptance of the Work or any part thereof. 20.7 The amount certified by the Designer for payment shall be ninety-five percent (95%) of the value of Work completed and materials stored since the Designer's last certification as shown on the Request for Payment, less any amounts not certified in accordance with paragraph 20.4, and this amount shall be paid by the Owner on or before the last business day of the month, but payment shall not be past due until not paid within fifteen (15) days thereafter. 20.8 After certification by the Designer that the Work is fifty percent (50%) complete, based on a determination that the Contractor's gross project invoices, excluding the value of materials stored off-site, equal or exceed fifty percent (50%) of the value of the Contract, (except the value of materials stored on-site shall not exceed twenty percent (20%) of the Contractor's gross project invoices for the purpose of determining whether the Project is fifty percent (50%) complete) and the Contractor has provided to the Owner the written consent of its sureties to the cessation of further percentage retention, the amount certified for payment with respect to subsequent Requests for Payment shall be one hundred percent (100%) of the value of Work completed and materials stored since the Designer's last certification as shown on the Request for Payment, less any amounts not certified in accordance with paragraphs 20.4 and 20.5; provided, however, that the aggregate of periodic payments shall not exceed ninety-seven and one half percent (97.5%) of the Contract Price. If the Owner determines that the Contractor's performance under the Contract is unsatisfactory, the Owner may resume withholding percentage retention from each subsequent periodic payment application up to the maximum amount of five percent (5%) of the Contract Price. Revised 11/19 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 40 ARTICLE 21. FINAL PAYMENT 21.1 If the Work of the Contractor is limited to demolition, pilings, caissons and/or structural steel, the remaining unpaid balance of the Contractor's Contract Price, less a sum equal to five- tenths percent (0.5%) of the Contract Price, shall be paid within sixty days following receipt of the following documents, all of which must be received before payment shall become due: (i) request for payment from the Contractor; (ii) receipt of consent from the Contractor's surety to the payment; and (iii) approval or certification from the Designer that the work performed by the Contractor is acceptable and in accordance with the Contract Documents. 21.2 Except as set forth in paragraph 21.1, within forty five days after Substantial Completion of the Project, the remaining unpaid balance of the Contract Price shall be paid to the Contractor, less an amount equal to two and one-half times the value of punch list work or other work remaining to be completed or corrected, as reasonably estimated by the Owner. 21.3 Upon Substantial Completion, the Designer shall prepare and submit to the Contractor a deficiency list identifying all portions of the Work which are known by the Designer at that time to be incomplete or defective. Within thirty (30) days of receipt of this deficiency list, the Contractor shall complete and correct all items on that list along with all other Work required to achieve Final Completion of the Work. At any time prior to completion of the period of warranty, the Designer may submit to the Contractor a supplemental deficiency list, in which case the Contractor shall complete or correct any and all new items identified on the supplemental deficiency list within the time period stipulated in paragraph 18.3. 21.4 Final Payment of any remaining balance of the Contract Price shall not be due to the Contractor until the Contractor achieves Final Completion of the Project. 21.5 The making and acceptance of Final Payment shall constitute a waiver of all claims by the Owner except: a) Claims arising from unsettled liens or claims against the Contractor. b) Defective Work or materials appearing after Final Payment. c) Failure of the Contractor to perform the Work in accordance with the Contract Documents. d) As conditioned in the Performance Bond. e) Claims made prior to Final Payment which remain unsettled. f) Amounts due arising under Articles 18 and 28. g) Claims for recovery of overpayment based upon incorrect measurement, estimate, or certificate. 21.6 The making and acceptance of Final Payment shall constitute a waiver of all claims by the Contractor except those claims previously made in writing pursuant to paragraph 15.2 and Revised 11/19 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 41 not finally resolved. 21.7 The Designer shall not authorize Final Payment until all of the Work under the Contract Documents has been certified by the Designer as completed, proper and suitable for occupancy and use, and has been approved by all federal, state and local agencies having jurisdiction. 21.8 The final Request for Payment shall be identified on its face as such and shall be presented by the Contractor to the Designer within thirty (30) days of completion of the Work. Final payment of the retained amount due the Contractor shall be made by the Owner within thirty (30) days after the later of(i) full and Final Completion of all Work required by the Contract Documents, and certification of such Work in accordance with paragraph 20.4; (ii) submission of the affidavits of other documentation required by Article 22; (iii) submission by the Contractor of a Request for Payment identified on its face as final and including the Designer's certification. ARTICLE 22. CONTRACTOR, SUBCONTRACTOR AND SUPPLIER AFFIDAVIT 22.1 The Final Payment due the Contractor on account of the Contract Documents shall not become due until the Contractor has furnished to the Owner through the Designer: (A) an affidavit by the Contractor signed, sworn, and notarized to the effect that all payments for materials, services, or for any other reason in connection with the Work or performance of the Contract Documents have been satisfied and that no claims or liens exist against the Contractor in connection with the same; (B) affidavits from each Subcontractor and supplier signed, sworn, and notarized to the effect that (i) each such Subcontractor or supplier has been paid in full by the Contractor for all Work performed and/or materials supplied by him in connection with the Project, and (ii) that all payments for materials, services, and for any other reason in connection with the subcontract or supply contract have been satisfied and that no claims or liens exist against the Subcontractor or supplier in connection therewith; and (C) the written consent of the Contractor's sureties to Final Payment. In the event that the Contractor cannot obtain an affidavit, as required above, from any Subcontractor or supplier, the Contractor shall state in the Contractor's affidavit that no claims or liens exist against such Subcontractor or supplier to the best of the Contractor's knowledge, and that if any appear afterwards, the Contractor shall save the Owner harmless for all costs and expenses, including attorneys' fees, on account thereof. ARTICLE 23. ASSIGNMENTS AND SUBCONTRACTS 23.1 The Contractor shall not assign any portion of this Agreement nor subcontract the Work in its entirety without the prior written consent of the Owner. Except as may be required under terms of the bonds required by the Contract Documents, no funds or sums of money due or to become due to the Contractor under the Contract Documents may be assigned. ARTICLE 24. MEASUREMENTS 24.1 Before ordering material or doing Work which is dependent for proper size or installation upon coordination with building conditions, the Contractor shall verify all dimensions and shall be responsible for the correctness of same. No consideration will be given for any claim based on differences between the actual dimensions and those indicated in the Contract Documents. Any discrepancies between the Contract Documents and the existing conditions shall be referred to the Designer for adjustment before any Work affected thereby is begun. Revised 11/19 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 42 ARTICLE 25. CONTRACTOR AND SUBCONTRACTOR RELATIONSHIPS 25.1 Within thirty (30) days after initial receipt of the Construction Contract for signatures the Contractor shall submit to the Designer and Owner for acceptance a current list of the names of Subcontractors and such other persons and organizations (including those who are to furnish materials or equipment fabricated to a special design) proposed for any and all portions of the Work. The Contractor shall provide this list at this time even if the Contractor was required to submit a list of proposed Subcontractors with the Contractor's bid. The Designer shall promptly reply to the Contractor in writing stating whether or not the Owner or the Designer, after due investigation, has objection to any such proposed person or entity or if it needs additional information to evaluate the persons on the list. Failure of the Designer to reply within ten (10) days after the Contractor has furnished all required information shall constitute notice of no objection. The Contractor shall not contract with any such proposed person or entity to whom the Owner or the Designer has made reasonable objection. If the Designer or Owner has reasonable objection to any such proposed person or entity, the Contractor shall submit a substitute to whom the Owner and the Designer have no reasonable objection. The Contractor shall make no substitution for any Subcontractor, person, or entity previously allowed without first notifying the Designer and Owner in writing and no substitution may be made if the Owner or Designer makes a reasonable objection to such substitution. 25.2 The Contractor agrees that the terms of the Contract Documents, including all portions thereof, shall apply to all Subcontractors of the Contractor as if they were the Contractor, and that the Subcontractors of the Contractor shall, by means of their subcontracts, be bound by all the terms of the Contract Documents including, but not limited to, Article 26 of these General Conditions. 25.3 Payments to Subcontractors shall be made in accordance with the provisions of N.C. Gen. Stat. §143-134.1. ARTICLE 26. USE OF PREMISES 26.1 The Contractor shall confine apparatus, the storage of materials, the operations of workers, and the disposal of material to limits indicated by law, ordinances, permits, and directions of the Designer, if any. 26.2 The Contractor shall not load or permit any part of the Work to be loaded with a weight that will endanger its safety, intended performance, or configuration. 26.3 The Contractor shall enforce all of the Designer's instructions, including, but not limited to, those regarding signs, advertisements, fires, and smoking. ARTICLE 27. CUTTING, PATCHING AND FITTING Revised 11/19 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 43 27.1 The Contractor shall do all cutting, fitting, and patching of the Work that may be required to make its several parts come together properly and fit it to receive or to be received by Work shown in or which can be reasonably implied from the Contract Documents. ARTICLE 28. DISPUTE RESOLUTION 28.1 The laws of the State of North Carolina shall apply to the interpretation and enforcement of this Agreement. Any and all suits or actions to enforce, interpret, or seek damages with respect to any provision of, or the performance or nonperformance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina, and it is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. In any dispute arising pursuant to the terms of this Agreement the Parties shall follow and abide by the 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.orangecountync.gov/departments/purchasing division/contracts.php). Regardless of the outcome of any dispute each Party shall be responsible for its own legal costs including reasonable attorneys' fees. 28.2 Any person or firm that expressly or impliedly agrees to perform labor or services or to provide material, supplies, equipment, work, performance or payment bonds, insurance or indemnification for the construction of the Project or the Work shall be deemed a party to this Agreement solely for the purpose of this Article 28. The Contractor, by means of its subcontracts, shall specifically require its Subcontractors to be bound by this Article. ARTICLE 29. TAXES 29.1 The Contractor has included in the Contract Price and shall pay all taxes assessed by any authority on the Work or the labor and materials used therein. The Contractor shall maintain all tax records during the life of the Project and furnish the Owner with a complete listing of all taxes paid by taxing authority, invoice number, date, amount, etc. in a form acceptable to the Owner. The Contractor is required to maintain a file showing taxes paid on the Project for three (3) years after Final Payment or turn said documents over to the Owner for his files. 29.2 The following is a list of requirements to be followed by the Contractor in maintaining proper records and reporting the North Carolina Sales and Use Tax and Local Sales and Use Tax. The Contractor shall comply fully with the requirements outlined below, in order that the Owner may recover the amount of the tax permitted under the law. a) It shall be the Contractor's responsibility to furnish the Owner documentary evidence showing the materials used and sales and use tax paid by the Contractor and each of his Subcontractors. Such evidence shall be transmitted to the Owner with each pay request regardless of whether taxes were paid in that period. b) The documentary evidence shall consist of a certified statement by the Contractor and each of the Contractor's Subcontractors individually, showing total purchases of materials from each separate vendor and total sales and use taxes paid to each vendor. Certified statements must show the invoice number, or numbers, covered, and inclusive dates of such invoices. Revised 11/19 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 44 c) Materials used from Contractor's or Subcontractor's warehouse stock shall be shown in a certified statement at warehouse stock prices. d) The Contractor shall not be required to certify the Subcontractor's statements. ARTICLE 30. OPERATION OF OWNER'S FACILITIES 30.1 The Contractor agrees that all Work done under the Contract Documents shall be carried on in such a manner so as to ensure the regular and continuous operation of the adjoining or adjacent facilities. The Contractor further agrees that the sequence of operations under the Contract Documents shall be scheduled and carried out so as to ensure said regular and continuous operation. The Contractor shall not close any areas of construction until so authorized by the Designer. The Contractor shall control operations to assure the least inconvenience to the public. Under all circumstances, safety shall be the most important consideration. ARTICLE 31. THIRD PARTY BENEFICIARY CLAUSE 31.1 It is specifically agreed between the parties executing the Agreement that, with the specific exception set forth paragraph 7.24 hereof, and that exception only, the Contract Documents and the provisions therein are not intended to make the public, or any member thereof, a third-party beneficiary of the Agreement, or to authorize anyone not a party to the Contract Documents to maintain a suit for personal injuries or property damage pursuant to the terms of provisions of the Contract Documents. ARTICLE 32. MEASUREMENT OF QUANTITIES 32.1 All Work completed under the Contract Documents shall be measured by the Contractor using United States customary units of measurement. The method of measurement and computations to be used in determination of quantities of material furnished and of Work performed under the Contract Documents shall be those methods set forth in the Contract Documents or, if not specifically set forth therein, the method generally recognized as conforming to good engineering practice. ARTICLE 33. TERMINATION BY THE OWNER FOR CAUSE 33.1 If the Contractor fails to begin or complete the Work under the Contract Documents within the time specified, or fails to perform the Work with sufficient labor and equipment or with sufficient materials to insure the prompt completion of said Work, or shall perform the Work unsuitably or shall discontinue the prosecution of the Work for three (3) days, or if the Contractor shall become insolvent, be declared bankrupt, commit any act of bankruptcy or insolvency, allow any final judgment to stand against the Contractor or its affiliated companies unsatisfied for a period of forty-eight (48) hours, make an assignment for the benefit of creditors, or for any other cause whatsoever shall not carry on the Work in an acceptable manner, the Owner may give notice in writing to the Contractor and the Contractor's sureties of such delay, neglect, or default, specifying the same, and if the Contractor within a period of three (3) days after such notice shall not proceed in good faith and with reasonable speed to correct such delay, neglect, or default in accordance with such notice, the Owner shall have full power and authority, to the extent permitted by law, without violating the Contract Documents, to take the Revised 11/19 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 45 prosecution of the Work out of the hands of the Contractor, to appropriate or use any or all materials and equipment at the Project as may be suitable and acceptable, and may enter into an agreement for the completion of the Work or pursue such other methods as in the Owner's opinion shall be necessary or appropriate for the completion of the Work in an acceptable manner. All costs and charges incurred by the Owner in proceeding in accordance with the preceding sentence, including attorney's fees, and all costs incurred by the Owner in completing the Work shall be deducted from any money due or which becomes due the Contractor. If such costs and expenses incurred by the Owner shall be less than the sum which would have been payable under Contract Documents if it had been completed by the Contractor, then the Contractor shall be entitled to receive the difference, but if such costs and expenses shall exceed the sum which would have been payable under the Contract Documents, the Contractor and the Contractor's surety shall be liable to the Owner for and shall pay to the Owner the amount of such excess. ARTICLE 34. TERMINATION OR SUSPENSION BY THE OWNER FOR CONVENIENCE 34.1 The Owner may, without cause, order the Contractor to terminate, suspend, delay, or interrupt the Work in whole or in part for such period of time as the Owner may determine. 34.2 If the Contractor is subsequently ordered by the Owner to resume the Work, any cost or expenses to which the Contractor may be entitled by reason of the suspension, delay, or interruption shall be recovered by means of a Change Order in accordance with Articles 13 and 14 hereof and the Contract Construction Schedule shall be adjusted in accordance with Article 13 hereof. 34.3 In the event of termination by the Owner under this Article, the Contractor shall be entitled to receive the reasonable and documented direct costs incurred prior to termination, including the cost of materials purchased for the Work which purchases cannot be canceled or which material cannot reasonably be used by the Contractor on other work, and the cost of closing down the Project in a safe and efficient manner, plus ten percent (10%) thereof for overhead and profit, subject to the following conditions: a) When the Contract is terminated before completion of all items of Work, payment shall be made for the actual number of units or items of Work completed at the applicable contract prices, or as mutually agreed for items of Work partially complete. If a mutual agreement cannot be reached, the Owner shall have the authority to make such equitable adjustment as it deems warranted and the Final Payment shall be made accordingly. b) Reimbursement for organization of any Work and moving equipment to and from the job shall be considered when not otherwise provided for in the Contract Documents where the volume of completed Work is too small to compensate the Contractor for those expenses under unit prices. If a mutual agreement cannot be reached, the Owner will have the authority to make such equitable adjustments as it deems warranted and the Final Payment will be made accordingly. c) Materials obtained by the Contractor for the Work that have been inspected and accepted by the Designer and that are not incorporated in the Work shall, at the request of the Contractor, be purchased from the Contractor at the Contractor's actual cost as shown by receipted bills and actual costs records at such points of delivery as may be determined by the Owner. Revised 11/19 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 46 d) No payment shall be made by Owner to Contractor except as herein above provided. No claim for loss of anticipated profits shall be considered or allowed. e) Termination of the Contract shall not relieve the Contractor of his responsibilities for any completed portion of the Work nor shall it relieve his sureties of their obligation for and concerning any just claims arising out of the Work performed. The Contractor shall not be entitled to any other compensation, including compensation for lost profit, lost opportunity, or any other direct or consequential cost, loss, or damage. ARTICLE 35 MINORITY BUSINESS ENTERPRISE PROGRAM 35.1 The Contractor shall at all times comply with the Orange County Minority Business Enterprise Policy. All documentation substantiating compliance with the requirements of this program shall be delivered to the Owner as stipulated in the Contract Documents. A copy of the Orange County Minority Business Enterprise Policy is included in the Project Manual. ARTICLE 36 E-VERIFY AND DIGITAL SIGNATURES 36.1 By executing the Agreement Contractor affirms Contractor, its agents and subcontractors, are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 36.2 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. 36.3 By executing the Agreement Contractor certifies that Contractor has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. 36.4 By executing the Agreement Contractor certifies that Contractor has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. ARTICLE 37 GENERAL 37.1 If any provision of the Agreement shall be declared invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect. 37.2 The titles to Articles herein are for convenience only, are not substantive parts of the General Conditions, and are not to be considered in interpreting the Contract Documents. Revised 11/19 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 47 END OF GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION-EXHIBIT 1 Revised 11/19 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 ORANGE COUNTY NORTH CAROLINA DISPUTE RESOLUTION RULES AND PROCEDURES FOR ORANGE COUNTY DESIGN,BUILDING CONSTRUCTION,RENOVATION,AND REPAIR PROJECTS RULE 1.INITIATING MEDIATED SETTLEMENT CONFERENCES A.Purpose of Mandatory Settlement Conferences.Pursuant to G.S.§143-128(f1)and 143- 135.26(11),these Rules are promulgated to implement a mediated settlement program designed to focus the parties'attention on settlement rather than on claim preparation and to provide an opportunity for orderly settlement negotiations to take place.Nothing herein is intended to limit or prevent the parties from engaging in settlement procedures voluntarily at any time prior to or during commencement of the dispute resolution process. B.Initiating the Dispute Resolution Process 1.Any party to a County public construction contract(referred to herein generally as the "Contract")governed by Article 8.Ch.143 of the General Statutes and identified in G.S.§143- 128(f1)and who is a party to a dispute arising out of the Contract and the construction process in which the amount in controversy is at least$15,000 may submit a written request to the County for mediation of the dispute. 2.Prior to submission of a written request for mediation to the County,the party requesting mediation should give notice of any and all claims in accordance with their respective contracts, obtain decisions on the claims as required or allowed by their respective contracts,and attempt to resolve the dispute according to the terms and conditions in their respective contracts.The Mediator may adjourn any mediated settlement conference if the Mediator believes,in his or her sole discretion,that the parties have not satisfied all of the terms and conditions of their respective contracts and that doing so will enhance the prospects for a negotiated settlement. C.Condition Precedent to Litigation.Before any party to a Contract may commence a civil action against the County seeking remedies for breach or non-performance of the Contract by the County,said party must first initiate the dispute resolution process under these rules and attend and participate in good faith in the mediated settlement conference. RULE 2.SELECTION OF MEDIATOR A.Mediator Listing.A List of Mediators acceptable to the County is maintained by the County Attorney and that list is incorporated by reference into these Rules. B.Selection of Mediator.The party requesting mediation shall select a Mediator from the List of Mediators and shall file,with the County,a Notice of Selection of Mediator within 21 days of the request for mediation.Such notice shall state the name,address,and phone number of the Mediator selected. If Revised 10/17 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 the Mediator selected is not available or declines to participate for any reason,the requesting party shall select another person from the List of Mediators.If the party requesting mediation does not select and designate a mediator within 21 days of the request for mediation,the County shall have the right in its absolute discretion to appoint a mediator from its List of Mediators. C.Disqualification of Mediator.Any party may request replacement of the Mediator for good cause. Nothing in this provision shall preclude Mediators from disqualifying themselves. RULE 3.THE MEDIATED SETTLEMENT CONFERENCE A.Where Conference is to be Held.Unless all parties and the Mediator otherwise agree,the mediated settlement conference shall be held in county seat of Orange County.The Mediator shall be responsible for reserving a place,making arrangements for the conference,and giving timely notice of the time and location of the conference to all attorneys,unrepresented parties and other persons or entities required to attend. B.When Conference is to be Held.The mediation shall be completed within 90 days after selection of the Mediator unless all parties to the mediation agree to a different schedule. C.Request to Accelerate or Extend Deadline for Completion.Any party or the Mediator may request the County to accelerate or extend the deadline for completion of the conference.Such request shall state the reasons the acceleration or extension is sought and shall be served by the moving party upon the other parties and the Mediator.Objections to the request must be promptly communicated to the County and to the Mediator. The County,with the concurrence of the designated Mediator,may grant the request by adjusting the time for completion of the conference. D.Recesses.The Mediator may recess the mediation conference at any time and may set times for reconvening.If the Mediator determines the time and place where the conference is to reconvene before the conference is recessed,no further notice is required to persons present at the conference. E.Project Delay.The mediated settlement conference that results from a construction contract dispute shall not be cause for the delay of the construction project. RULE 4.DUTIES OF PARTIES AND OTHER PARTICIPANTS IN FORMAL DISPUTE RESOLUTION PROCESS A.Attendance. 1.All parties to the dispute must designate an official representative to attend the mediation. 2."Attendance"means physical attendance,not by telephone or other electronic means.Any attendee representing a party must have authority from that party to bind it to any agreement reached as a result of the mediation. 3.Attorneys representing parties may attend the mediation,but are not required to do so. Revised 10/17 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 4.Sureties and insurance company representatives are required to physically attend the mediation unless the Mediator and all of the other parties to the mediation excuse their attendance or consent to their attendance by telephone or other electronic means. 5.The parties who attend a duly scheduled mediation conference shall have the right to recover their share of the Mediator's compensation from any party or parties who fail to attend the conference without good cause. B.Finalizing Agreement.If an agreement is reached in the conference,the terms of the agreement shall be confirmed in writing and signed by all parties. C.Payment of Mediation Fee:Mediation Fees charged by the Mediator shall be paid in accordance with G.S.§143-128(f1). D.Failure to Compensate Mediator.Any party's failure to compensate the Mediators in accordance with G.S.§143-128(f1)shall subject that party to a withholding by the County of said amount of money from the party's payment or any other moneys owed by that party to the County. Should the County fail to compensate the Mediator,it shall hereby be subject to a civil cause of action from the Mediator for the County's portion of the Mediator's total fee as required by G.S.§143-128(f1). RULE 5.AUTHORITY AND DUTIES OF MEDIATORS A.Authority of Mediator. 1.Control of Conference.The Mediator shall at all times be in control of the conference and the procedures to be followed. 2.13rivate Consultation.The Mediator may communicate privately with any participant or counsel prior to and during the conference.The fact that private communications have occurred with a participant shall be disclosed to all other participants at the beginning of the conference. 3.Scheduling the Conference.The Mediator shall make a good faith effort to schedule the conference at a time that is convenient with the participants,attorneys and Mediator. In the absence of agreement,the Mediator shall select the date for the conference. 4.Determining good cause for a party's failure to appear at a scheduled mediation conference. B.Duties of Mediator. 1.The Mediator shall define and describe the following at the beginning of the conference: a.The process of mediation. b.The difference between mediation and other forms of conflict resolution. c.The costs of the mediated settlement conference. d.That the mediated settlement conference is not a trial,the Mediator is not a judge, and the parties retain their legal rights if they do not reach settlement;however,the Revised 10/17 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 Mediator will advise all parties that failure to appear at mediation without good cause may result in imposition of sanctions and may be asserted as a bar to lawsuits by claimants who have failed to exhaust this administrative remedy. e.The circumstances under which the Mediator may meet and communicate privately with any of the parties or with any other person. f.Whether and under what conditions communications with the Mediator will be held in confidence during the conference. g.The inadmissibility of conduct and statements as provided by G.S.§7A-38.1(1). h.The duties and responsibilities of the Mediator and the participants. i.That any agreement reached will be reached by mutual consent. 2.Disclosure:The Mediator has a duty to be impartial and to advise all participants of any possible bias,prejudice or partiality. 3.Declaring Impasse:The Mediator may determine at any time during the mediation conference that an impasse exists and that the conference should end. 4.Reporting Results of Conference.The Mediator shall submit a written report to the County and the other parties within 10 days of the conference stating whether or not the parties reached an agreement.The Mediator's report shall indicate the absence of any party from the mediated settlement conference without permission or good cause. 5.Scheduling and Holding the Conference. It is the duty of the Mediator to schedule the conference and conduct it prior to the deadline of completion set by the rules.The Mediator shall strictly observe deadlines for completion of the conference unless said time limit is changed by agreement of the parties. RULE 6.COMPENSATION OF THE MEDIATOR The parties shall compensate the Mediator for mediation services at the rate proposed by the Mediator and agreed to by the parties at the time the Mediator is selected. RULE 7.RULE MAKING These Rules may be amended by the County at any time.Amendments will not affect mediations where claims and/or requests for mediation have been filed at the time the amendment takes effect. RULE 8.DEFINITIONS A."County"shall mean Orange County North Carolina. B."Project Designer"is that person or firm stipulated as project designer in the Contract Documents for the project. Revised 10/17 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 C."Claim"is a demand or assertion by a party seeking adjustment or interpretation of Contract terms, payment of money,extension of time or other relief with respect to the terms of the Contract.The term "Claim"also includes other disputes and matters in question between the parties to a Contract involved in the County's building construction renovation and repair projects arising out of or relating to the Contract or the construction process.Claims must be initiated by a written notice.The responsibility to substantiate Claims shall rest with the party making the Claim. D."Good Cause"generally includes any circumstance beyond the control of a party,which prevents that party from meeting obligations.When good cause is asserted as an excuse for a party's failure to appear at a mediation conference or to otherwise comply with the requirements of these Rules,the Mediator, in his or her sole discretion,will determine whether good cause exists to excuse the party's failure to appear or otherwise comply with these rules. RULE 9.TIME LIMITS A.Any time limit provided for by these Rules may be waived or extended at the sole discretion of the County,if no Mediator has been selected,and at the discretion of the County with concurrence of the Mediator if a Mediator has been selected. Revised 10/17 DocuSign Envelope ID: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 Orange County Emergency Office Upfit - Issued for Bid Whiffed Building 10/09/2020 SECTION 007300- SUPPLEMENTARY GENERAL CONDITIONS PART 1 -GENERAL 1.1 REQUIREMENTS A. The following items are intended to modify requirements of the General Conditions of the Contract for Construction Where items of this section conflict with or are at variance with those of the General Conditions,they shall take precedence over the General Conditions and modify such requirements to the extent of such conflict or variation. 1.2 SUMMARY A. These Supplementary General Conditions amend and supplement the General Conditions and other provisions of the Contract Documents as indicated below. All provisions that are not so amended or supplemented remain in full force and effect. B. The terms used in these Supplementary General Conditions that are defined in the General Conditions have the meanings assigned to them in the General Conditions. 1.3 MODIFICATIONS TO GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION EXHIBIT 1, ORANGE COUNTY A. Modifications to Article 1 —Definitions: 1. The Owner referred to is Orange County Government. 2. The Designer referred to is HH Architecture located in Raleigh,North Carolina. Where the terms Engineer,Architect, or Architect-Engineer are used in the technical specifications,they shall mean Designer. B. Modifications to Article 2—Correlation, Interpretation and Intent of Contract Documents: 1. Add the following to paragraph 2.2: If the Drawings and Specifications conflict with each other or with themselves,the better quality and greater quantity of Work provided for shall govern in accordance with the Architect's or Owner's interpretation. C. Modifications to Article 6—Other Record Documents and Submittals: 1. Amend paragraph 6.1 to read: Construction documents are provided as electronic files. The Contractor is responsible for printing hard copies of the Drawings in the quantities necessary for construction. Supplementary General Conditions 007300 - 1 DocuSign Envelope ID: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 Orange County Emergency Office Upfit - Issued for Bid Whiffed Building 10/09/2020 D. Modifications to Article 7—Contractor: 1. Add the following subparagraph 7.23.1: Electricity and water is available in the work area for Contractor's use in performing the work,with the cost covered by the Owner. Contractor shall be responsible to coordinate electrical load for tools and equipment to ensure circuit capacities for available outlets are not exceeded. E. Modifications to Article 13—Contract Time: 1. Add the following subparagraph 13.1.1: The Contract time shall commence on the date to be specified in a written Notice to Proceed from the Designer. Substantial Completion shall be one hundred and twenty(120)calendar days from Notice to Proceed. Final Completion shall occur on or before thirty(30)calendar days from Substantial Completion. 2. Add the following subparagraph 13.1.2: A Critical Path Method(CPM) schedule shall be utilized for the project. 3. Add the following sub paragraph 13.18.1: For each day in excess of the number of days to achieve Substantial Completion,the Contractor shall pay the Owner liquidated damages in the amount of$0.00 (zero dollars)per consecutive calendar day. F. Modifications to Article 26—Use of Premises: 1. Add the following subparagraph 26.1.1: Storage of materials shall be limited to work areas identified on the Drawings,unless otherwise authorized in advance by the Owner. 2. Add the following subparagraph 26.1.2: On-site work hours: Limit work in the existing building to normal business hours of 7:00 a.m. to 5:00 p.m.,Monday through Friday. Special arrangements may be made in advance with the Owner to extend normal hours and shall be at the discretion of the Owner. 3. Add the following subparagraph 26.1.3: Noise,Vibration, and Odors: Contractor shall coordinate operations that may result in high levels of noise and vibration,odors,or other disruption of tenant occupancy with the Owner. 4. Add the following subparagraph 26.1.4: Contractor job operations shall follow all Orange County protocols with regards to COVID-19. PART 2 -PRODUCTS(NOT USED) END OF SECTION 007300 Supplementary General Conditions 007300 - 2 DocuSign Envelope ID: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 [Departmental Use Only] TITLE FY NORTH CAROLINA CONSTRUCTION AGREEMENT UNDER$250,000.00 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter called "Agreement"), made as of the day of , 20 , by and between , (hereinafter called the "Contractor"), and Orange County, a political subdivision of the State of North Carolina, (hereinafter called the "County," "Orange County," and/or"Owner"). WITNESSETH: That the Contractor and the Owner, for the consideration herein named, agree as follows: 1. CONTRACT DOCUMENTS; PRIORITY The Contract Documents consist of this Agreement, the Request for Proposals, Proposal, Construction Drawings, and Written Specifications. The Contract Documents form the Contract. In the event of any inconsistency between or among the Contract Documents the Contract Documents shall be interpreted in the following order of priority: a. This Agreement. b. Designer Approved Bulletins and/or Field Orders. c. Request for Proposals and addenda thereto. d. Proposal. 2. 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 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 will hereafter be called the "Work". d. Related documents listed under Section 1 above. 3. TERM AND SCHEDULING Revised 11/19 1 DocuSign Envelope ID: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 a. The Contractor agrees to commence work pursuant to the written Notice to Proceed. b. The Contractor agrees to complete substantially all Work by , 20 c. Time is of the essence with respect to all dates specified in the Contract Documents as Completion Dates. d. The Contractor shall perform the Work in the time, manner, and form required by the Contract Documents and as stipulated in a written Notice-to-Proceed to be executed by the Contractor and Owner. e. 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. f. Should the Owner determine that the Contractor is behind schedule Owner may require, at no additional cost to the Owner, 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. 4. STANDARD OF CARE 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 caused by its employees, agents, contractors, or assigns 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. 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, Revised 11/19 2 DocuSign Envelope ID: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. f. The Contractor is responsible for all physical damage to owned or rented machinery, tools, equipment, forms, and other items owned, rented or used by the Contractor and/or Subcontractor(s) in the performance of the Work including all of Owner's property in Contractor's care, custody, or control, and all such property while it is in transit. g. The Contractor is solely responsible for obtaining all permits necessary to complete the Work in compliance with all local, state, and federal laws. 5. PAYMENT & TAXES a. The Owner hereby agrees to pay to the Contractor for the faithful performance of this Agreement, and the Contractor hereby agrees to perform all of the Work for a sum not-to- exceed Dollars ($ ). Not later than the fifth (5th) day of each calendar month the Contractor shall submit to the Owner's Representative, generally the architect if an architect is retained on the Work, a Request for Payment for work done during the previous calendar month. i. The Request for Payment shall be in form of a standardized invoice or AIA Document G702-703 appropriately addressed to Owner's Representative at and shall show substantially the value of work done during the previous calendar month. ii. The amount due for payment shall be ninety-five percent (95%) of the value of work completed since the last Request for Payment and this amount shall be paid by the Owner on or before the last business day of the month. Owner shall retain five percent(5%). 1. Upon Owner's Representative's certification that ninety percent (90%) of the Work has been satisfactorily completed retainage may be discontinued. Retainage may be discontinued, at Owner's Discretion, so long as work continues to be completed satisfactorily and on schedule. iii. Final payment shall not be due to the Contractor until thirty (30) days after one hundred percent (100%) of the Work, including punch list work, has been satisfactorily (as determined by the County) completed and an appropriate affidavit as required in Section 7(c)below has been received by Owner. b. Should Owner reasonably determine that Contractor has failed to perform the Work related to a Request for Payment, Owner, at its discretion may provide the Contractor ten (10) days to cure the breach. Owner may withhold the accompanying payment without penalty until such time as Contractor cures the breach. i. Should Contractor or its representatives fail to cure the breach within ten (10) days, or fail to reasonably agree to such modified schedule, Owner may immediately terminate this Agreement in writing, without penalty or incurring further obligation to Contractor. ii. This section shall not be interpreted to limit the definition of breach to the failure to perform the Work related to a Request for Payment. c. The Contractor has included in the Contract Price and shall pay all taxes assessed by any authority on the Work or the labor and materials used therein. It shall be the Contractor's Revised 11/19 3 DocuSign Envelope ID: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 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. 6. INSURANCE AND BONDS a. Minimum 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 eg counter og v/departments/purchasing division/contracts.php). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here (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. b. 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(b) 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. 7. INDEMNITY a. To the extent authorized by North Carolina law the Contractor shall indemnify, without limitation, and hold harmless to the maximum 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 benefits payable by or for the Contractor or any subcontractor under workers' compensation acts, disability benefits acts or other employee benefit acts. It is the intent of this section that the Contractor shall indemnify the County to the maximum extent allowed by law. 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 6 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. Revised 11/19 4 DocuSign Envelope ID: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 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. Such indemnification shall be in a form and substance acceptable to Owner. d. By executing this Agreement Contractor agrees to abide by and be bound by the indemnification provisions herein and of Section 7(c) specifically. 8. DISPUTE RESOLUTION AND GOVERNING LAW a. 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 countync.gov/departments/purchasing division/contracts.php). b. 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 or the Contract 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. c. Notice of any claim by Owner or Contractor must be initiated by written notice to the other Party within thirty (30) days of the occurrence of the event giving rise to the claim or within thirty (30) days of the discovery of the event or condition giving rise to the claim, whichever is later. i. Should any claim be made, regardless of whether such claim is made by Owner or Contractor, Contractor shall continue to faithfully and diligently perform the Work in such a manner as to meet all scheduled timelines. Any failure to faithfully and diligently perform the Work may be deemed, by the Owner, a breach of the Contract. ii. If a claim is made such claim shall be made to the initial decision maker, if applicable, who may request more supporting data, reject the claim in whole or in part, approve the claim in whole or in part or advise the parties the claim is unable to be resolved. iii. If a claim is made by the Owner the Owner may, but is not obligated to, notify the surety. 9. NON—APPROPRIATION a. Contractor acknowledges that Owner is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. b. In the event that public funds are unavailable and not appropriated for the performance of Owner's obligations under this Agreement, then this Agreement shall automatically expire Revised 11/19 5 DocuSign Envelope ID: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 without penalty to Owner immediately upon written notice to Contractor of the unavailability and non-appropriation of public funds. It is expressly agreed that Owner shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. c. In the event of a change in the Owner's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects Owner's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to Owner upon written notice to Contractor of such limitation or change in Owner's legal authority. 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 11. MISCELLANEOUS a. Duties and Obligations imposed by the Contract Documents shall be in addition to any Duties and Obligations imposed by state, federal or local law, rules, regulations and ordinances. b. No act or failure to act by the Owner or Contractor shall constitute a waiver of any right or duty granted them under the Contract Documents, nor shall any act or failure to act constitute any approval except as specifically agreed in writing. c. The Work shall be tested and inspected as required by the Contract Documents and as required by law. Unless prohibited by law the costs of all such tests and inspections related to state and federal codes such as ADA, Administrative, Electrical, Plumbing, Mechanical and Building Codes shall be borne by the Contractor. The costs for material and structural testing shall be conducted by an independent third party at the expense of the Owner. Delays related to any of the aforementioned tests and inspections shall not be grounds for delaying the completion of the work. If any such tests and inspections reveal deficiencies in the Work such that the Work does not comply with terms or requirements of the Contract Documents and/or the requirements of any code or law the Contractor is solely responsible for the cost of bringing such deficiencies into compliance with the terms of the Contract Documents and/or any code or law. d. Should the Architect, if an architect is retained for the project involving the Work, or Owner reject any portion of the Work for failing to comply with the Contract Documents Contractor shall immediately, at Contractor's expense, correct the Work. Any such rejection may be made before or after substantial completion. If applicable, any additional expense borne by the Architect under this section shall be paid at Contractor's expense. Revised 11/19 6 DocuSign Envelope ID: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 e. The Contractor shall not assign any portion of this Agreement nor subcontract the Work in its entirety without the prior written consent of the Owner. £ 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. g. By executing this Agreement Contractor certifies that Contractor has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. h. By executing this Agreement Contractor certifies that Contractor has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. i. The County has designated( )to act as the County's representative with respect to the Work and shall have the authority to render decisions within guidelines established by the County Manager and/or the County Board of Commissioners and shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. j. 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.oranizecountync. og v/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. k. 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 I IA and Article 40 of North Carolina General Statute Chapter 66. 12. CONSEQUENTIAL AND LIQUIDATED DAMAGES a. Owner and Contractor mutually waive any claim against each other for consequential damages. Consequential Damages include: i. Damages incurred by Owner for loss of use, income, financing, or business. ii. Damages incurred by Contractor for office expenses, including personnel, loss of financing, profit, income, business, damage to reputation, or any other non-direct damages. b. Liquidated damages shall be in accord with the Contract Documents. If the Contract Documents do not otherwise address liquidated damages, such damages shall be in the Revised 11/19 7 DocuSign Envelope ID: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 amount of five hundred dollars ($500.00)per day. 13. TERMINATION OR SUSPENSION a. 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. i. If Owner issues a written order to delay, suspend, or interrupt the Work, and such order is not due to or as a result of any fault on the part of the Contractor or any subcontractor, the Contractor may recover a per diem amount of five hundred dollars ($500.00) per day with a not-to-exceed limit of ten thousand dollars ($10,000.00). ii. 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. iii. If Owner elects to suspend or terminate the contract pursuant to subparagraphs 13.a.i. or 13 a.ii. the sole remedy available to the Contractor are those listed in the subparagraphs and Contractor is not entitled to any right to further claims for any amount owed or disputed or for payment of damages alleged to have been sustained as a result of Owner's order to delay, suspend, or interrupt the Work. b. The Owner may, with cause, order the Contractor to suspend, delay or interrupt the Work in whole or in part for such period of time as the cause remains. i. If Owner issues a written order to delay, suspend, or interrupt the Work, and such order is due to or as a result of any fault on the part of the Contractor or any subcontractor, the Owner may reduce payment at a per diem amount of five hundred dollars ($500.00)per day. c. Contractor may terminate the Contract if, at the Owner's written direction, the Work is stopped for twenty one (21) consecutive days through no act or fault of the Contractor, their agents or employees, or a subcontractor or their agents or employees or any other person performing work pursuant to the Contract Documents. Contractor may terminate the Contract if a Court or other Public authority having jurisdiction enters a lawful order that requires all work to be stopped and such stoppage lasts for twenty one (21) consecutive days. 14. ENTIRE AGREEMENT All of the documents listed, referenced or described in this Agreement, the written Notice-to- Proceed, together with Modifications made or issued in accordance herewith are the Contract Documents, and the work, labor, materials and completed construction required by the Contract Documents and all parts thereof is the Work. The Contract Documents constitute the entire agreement between Owner and Contractor. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. If any provision of the Agreement shall be declared invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect. Revised 11/19 8 DocuSign Envelope ID: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and date first above written wholly or 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 County Manager Printed Name and Title Revised 11/19 9 DocuSign Envelope ID: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 ORANGE COUNTY—DEPARTMENT USE ONLY Party/Vendor Name: Party/Vendor Contact Person: Contact Phone: Party/Vendor Address: City State: Zip: Department: Amount: Purpose: Budget Code(s): Vendor # (N/A if new vendor) Vendor is a BOCC consultant? Yes ❑No❑ Contract Type: (Check one)New❑ Renewal ❑ Amendment ❑ Effective Date Approved by Board Yes❑No❑ Agenda Date: This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement: Department Director's Signature Date: Agreements for emergency services or repair are not subject to the above affirmation. If services related to this agreement have already begun or been completed please briefly describe the nature of the emergency condition that was addressed: Risk Management This agreement is approved for sufficiency of insurance standards,specifications,and requirements: Office of the Risk Management Officer Date: Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer Date: Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney Date: Clerk to the Board Received for record retention: All Docusign contracts must be copied to Sherri Ingersoll upon completion: singersoll@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Office of the Clerk to the Board Date: Revised 11/19 10 DocuSign Envelope ID: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 Orange County Emergency Office Upfit - Issued for Bid Whiffed Building 10/09/2020 SECTION 009010—SPECIAL CONDITIONS The following requirements are, in fact, Conditions of the Contract, and are in addition to the General Conditions, Supplementary General Conditions and Special Conditions and are not intended to replace or otherwise conflict with those Conditions. These Special Requirements are particular to the Work of this Project and are intended to inform the Contractor of non-standard conditions affecting the Work of the Contract. ARTICLE 1—QUALIFICATION OF PROJECT SUPERINTENDENT The Contractor shall be required to demonstrate his capability to provide a qualified project superintendent for the project who is acceptable to the Owner and Architect. The project superintendent shall have at least five years of successful experience on projects of similar size, scope and nature. Contractor shall be required to substantiate these qualifications with a written submittal within seven calendar days after opening of the Bids. The Contractor is charged with providing a qualified and experienced superintendent for this project to the satisfaction of the Owner and Architect. The Owner reserves the right to disapprove a proposed superintendent who does not appear to be fully qualified and experienced to accomplish the work of this project. ARTICLE 2—SINGLE PRIME AND SEPARATE PRIME CONTRACT BIDS Bids will be received for Single Prime Contracts only. Opening of Bids, as it relates to the number of bids required to allow opening, and award of Contracts,as it relates to low bid and the number of bids required to allow award, shall be governed by the guidelines and procedures recommended by the State Department of Construction of the N.C. Department of Administration for bid openings for single prime informal contract bids. Those Bidders submitting Single Prime Contract bids shall be aware that all work of the project is included in the Work of a Single Prime Contractor,regardless of the divisions of work indicated on the Drawings and in the Project Manual. All references and indications in the Drawings and the Project Manual to Separate Prime Contracts shall apply to the Single Prime Contract. Single Prime Contract Bidders must include the names of their major subcontractors on the Proposal form as indicated,to include Plumbing and Electrical. All Allowances identified shall all be included in the Single Prime Contract Bid. ARTICLE 3—COORDINATION AND COOPERATION WITH OTHER CONTRACTORS Prime Contractor shall be aware that the Owner has or may engage other contractors to accomplish work concurrently with the Work of this project,which will have a direct effect on the accomplishment of the Work of this project. Contractors will be required to cooperate and coordinate with these other contractors during the course of the project to avoid delays in the work of this project of that of the other contractors. ARTICLE 4—RESERVED ARTICLE 5—RESERVED Special Conditions 009010 - 1 DocuSign Envelope ID: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 Orange County Emergency Office Upfit - Issued for Bid Whiffed Building 10/09/2020 ARTICLE 6—AMERICANS WITH DISABILITIES ACT (ADA) It is the design intent of this project to comply with the Americans with Disabilities Act and Chapter 11 of the North Carolina Building Code 2012 and ANSI ICC Al 17.1-2009. All items and assemblies manufactured or fabricated for installation on this project shall be ADA compliant. Shop drawing submittals shall indicate ADA compliance. Installation of all items and assemblies shall be ADA compliant.All contractors shall submit a statement that all work to the best of their knowledge is ADA compliant prior to release of final retainage. Remedy of non-compliant circumstances should they arise shall consist of written notification to the Architect by the Contractor prior installation or fabrication of the respective building component or arrangement. Should any contractor, subcontractor,or regulatory authority having jurisdiction become aware of any non-compliant circumstance he shall notify the Architect at once. ARTICLE 7—RESTRICTIONS AND CONSTRUCTION PERSONNEL Behavior of construction personnel on the site shall be expected to be exemplary.Foul language,rude or crude behavior, suggestive comments or actions, or other behavior considered unacceptable will not be tolerated. Shirts will be required to be worn at all times. Contractors will be responsible to counsel their personnel concerning the above restrictions and will be responsible to ensure that these restrictions are enforced.Failure on the part of construction personnel to comply with the intent of these restrictions will be grounds for their permanent removal and banning from the Project site. ARTICLE 8—E-PROCUREMENT ATTENTION: E-Procurement rules WILL apply for Registered E-Procurement Vendors only. Reference the General Contract Terms and Conditions, (Contractual and Consultant Services),paragraphs 19 and 20. 19. REGISTERED E-PROCUREMENT VENDORS: ELECTRONIC PROCUREMENT (APPLIES TO ALL CONTRACTS THAT INCLUDE E- PROCUREMENT AND ARE IDENTIFIED AS SUCH IN THE BODY OF THE SOLICITATION DOCUMENT): Purchasing shall be conducted through the Statewide E-Procurement Service. The State's third party agent shall serve as the Supplier Manager for this E-Procurement Service. THE SUCCESSFUL BIDDER(S) SHALL PAY A TRANSACTION FEE OF 1.75% (.0175) ON THE TOTAL DOLLAR AMOUNT(EXCLUDING SALES TAXES)OF EACH PURCHASE ORDER ISSUED THROUGH THE STATEWIDE E-PROCUREMENT SERVICE. This applies to all purchase orders,regardless of the quantity or dollar amount of the purchase order. The transaction fee shall not be stated or included as a separate item in the proposed contract or invoice. There are no additional fees or charges to the contractor for the services rendered by the Supplier Manager under this contract. Contractor will receive a credit for transaction fees they paid for the purchase of any item(s)if an item(s) is returned through no fault of the contractor. Transaction fees are non-refundable when an item is rejected and returned,or declined, due to the contractor's failure to perform or comply with specifications or requirements of the contract. Special Conditions 009010 - 2 DocuSign Envelope ID: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 Orange County Emergency Office Upfit - Issued for Bid Whiffed Building 10/09/2020 Contractor or its Authorized Reseller, as applicable,will be invoiced monthly for the State's transaction fee by the Supplier Manager. The transaction fee shall be based on purchase orders issued for the prior month.Unless Supplier Manager receives written notice from the Contractor identifying with specificity any errors in an invoice within thirty(30)days of the receipt of invoice, such invoice shall be deemed to be correct and Contractor shall have waived its right to later dispute the accuracy and completeness of the invoice. Payment of the transaction fee by the Contractor is due to the account designated by the State within thirty(30) days after receipt of the correct invoice for the transaction fee,which includes payment of all portions of an invoice not in dispute. Within thirty (30) days of the receipt of invoice,contractor may request in writing an extension of the invoice payment due date for that portion of the transaction fee invoice for which payment of the related goods by the governmental purchasing entity has not been received by the Contractor. If payment of the transaction fee is not received by the State within this payment period,it shall be considered a material breach of contract. The Supplier Manager shall provide, whenever reasonably requested by the contractor in writing(including electronic documents), supporting documentation from the E-Procurement Service that accounts for the amount of the invoice. The Supplier Manager will capture the order from the State approved user,including the shipping and payment information, and submit the order in accordance with the E-Procurement Service. Subsequently, the Supplier Manager will send those orders to the appropriate contractor on State Contract. The State or State approved user,not the Supplier Manager, shall be responsible for the solicitation,bids received, evaluation of bids received, award of contract, and the payment for goods delivered. Contractor agrees at all times to maintain the confidentiality of its user name and password for the Statewide E-Procurement Services. If a contractor is a corporation,partnership or other legal entity,then the contractor may authorize its employees to use its password. Contractor shall be responsible for all activity and all charges by such employees. Contractor agrees not to permit a third party to use the Statewide E-Procurement Services through its account. If there is a breach of security through the contractor's account, contractor shall immediately change its password and notify the Supplier Manager of the security breach by e-mail. Contractor shall cooperate with the State and the Supplier Manager to mitigate and correct any security breach. 20.NON-REGISTERED&PROCUREMENT VENDORS: E-Procurement Rules DO NOT apply .. This Section uses the term"Architect." Change this term to match that used to identify the design professional as defined in the General and Supplementary Conditions. END OF SECTION 009010 Special Conditions 009010 - 3 DocuSign Envelope ID:B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 DocuSign Envelope ID: B75E8AA0-ADE3-4E77-B32C-2134D9CAA555 CTWILSO-01 LHAMLET ACaIZa CERTIFICATE OF LIABILITY INSURANCE FDATE(MMIDD/YYYY) �� 12/2/2020 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 Lori F. Hamlet NAME: Trisure,an Alera Group Company PHONE FAX 4325 Lake Boone Trail,Suite 200 (A/C,No,Ext):(919)469-2473 (A/C,No):(919)467-4987 Raleigh,NC 27607 ADDRIESS:(hamlet@trisure.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:Cincinnati Casualty Co. 28665 INSURED INSURER B:Cincinnati Insurance Co. 10677 CT Wilson Construction Co,Inc INSURER C:Selective Insurance Co. of America 12572 150 Golden Drive,Suite 200 INSURER D:Allied World Assurance Company 19489 Durham,NC 27705 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DDIYYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR EPP 0149137 7/1/2020 7/1/2021 DAMAGE TO RENTED 500,000 X PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 X PRO- POLICY LOC PRODUCTS-COMP/OP AGG $ 3,000,000 OTHER: A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO EPP 0149137 7/1/2020 7/1/2021 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED X NON-OWNED PerOaccidenDAMAGE $ AUTOS ONLY AUTOS ONLY $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 15,000,000 EXCESS LIAB CLAIMS-MADE EPP 0149137 7/1/2020 7/1/2021 AGGREGATE $ 15,000,000 DED X RETENTION$ 0 B WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER YIN EWC 0394380 7/1/2020 7/1/2021 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE L�J] N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Rented/Leased Equip S 2128637 7/1/2020 7/1/2021 Limit 100,000 D Prof/Pollution 0310-8347 7/1/2020 7/1/2021 Limit 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Operations of the Named Insured covered by the above referenced policies. C Builders Risk(Quarterly Reporting)Policy No.S2128637 7/1/2020 to 7/1/2021 Limit$10,000,000 Orange County is included as additional insured with respects to General Liability if required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange Count Government THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 9 Y ACCORDANCE WITH THE POLICY PROVISIONS. 300 W.Tyron Street,Room 240 Hillsborough,INC 27278 AUTHORIZED REPRESENTATIVE I ADU 4 xwngr ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD