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Home My WebLink About2022-286-E-AMS-Owens Roofing-Whitted complex roof replacement Revised 06/21 1 [Departmental Use Only] TITLE Whitted Complex RFP5353 FY 2022-2023 NORTH CAROLINA CONSTRUCTION AGREEMENT OVER $250,000.00 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter called “Agreement”), made as of the 5th day of July, 2022, by and between Owens Roofing, 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”). W I T N E S S E T H: That the Contractor and the Owner, for the consideration herein named, agree as follows: 1. 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 a ny 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 Atlas Engineering, Inc. (Sheet COV, 1.0, 2.0, 3.0, 4.0, 5.0, 6.0 dated May 6, 2022) b. Written specifications prepared by the Designer. c. Owens Roofing, Inc. proposal dated June 2, 2022 which fully describes the work to be performed, such work (hereinafter called the “Work”). DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD Revised 06/21 2 d. Related documents listed under Section 1 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 30, 2023, or 90 consecutive calendar days from the Notice to Proceed. 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 fo rm 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 limit ed 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 i s incorporated herein by reference and may be viewed at http://www.orangecountync.gov/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. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD Revised 06/21 3 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 suc h 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. l. 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 Eight Hundred Ninety-Six Thousand, Three Hundred Seventeen Dollars ($896,317.00). 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 551A Pylon Drive, Raleigh, NC 27606 and shall show substantially the value of work done during the previous calendar month. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD Revised 06/21 4 (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 (2½%). (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. (3) The Owner may discontinue withholding retainage in accordance with the provisions of NCGS-143-(b1)(2) when the project is 50% complete. (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 5.4(e) of Exhibit 1 has been received and approved 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 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD Revised 06/21 5 a. Contractor acknowledges that Owner is a governmental e ntity, 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 or 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 or 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. 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 adversel y 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 Owens Roofing, Inc Attn: A. Barnes Attn: Bert Owens P.O. Box 8181 1200 Short Jorney Road Hillsborough, NC 27278 Smithfield, NC 27577 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 fai lure 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 o f 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 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD Revised 06/21 6 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 (Angel Barnes) 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] DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD Revised 06/21 7 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: By: _________________________________ Bonnie Hammersley, County Manager By: __________________________________ Bert Owens, President Printed Name and Title DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 7/6/20227/19/2022 Revised 06/21 8 ORANGE COUNTY—DEPARTMENT USE ONLY ______________________________________________________________________________ Party/Vendor Name: Owens Roofing, Inc. Party/Vendor Contact Person: Bert Owens (bert@owensroofinginc.com) Contact Phone: 919.821.0082 Party/Vendor Address: 1200 Short Journey Rd City Smithfield State: NC Zip: 27577 Department: AMS Amount: $896,317.00 (Base Bid + Add Alt 1) Purpose: Whitted Complex Roof Replacement Budget Code(s): 61370035-882000-30002 Vendor # 40199 (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract Type: (Check one) New Renewal Amendment Effective Date July 5, 2022 Approved by Board Yes No Agenda Date: June 21, 2022 --- For Section XIV. c. contracts only, Approved by Board in Current FY Budget Yes No 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: N/A 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 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:_________ DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 7/6/2022 7/6/2022 7/18/2022 7/19/2022 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 6/23/2022 Marsh &McLennan Agency LLC 2301 Sugar Bush Road,Suite 600 Raleigh NC 27612 Cindy O'Brien Boykin 919-786-5646 919-782-1841 Cindy.Boykin@marshmma.com Builders Premier Insurance Company 13036 OWENSROOFI Builders Mutual Insurance Company 10844OwensRoofing,Inc. Owens -Hart,LLC 1200 Short Journey Road Smithfield NC 27577 PinnaclePoint Insurance Company 15137 1061958264 A X 1,000,000 X 100,000 X 1,000 5,000 1,000,000 2,000,000 PCP000244011 5/1/2022 5/1/2023 2,000,000 A 1,000,000 X PCA000733710 5/1/2022 5/1/2023 B X X 4,000,000MUB0000702105/1/2022 5/1/2023 4,000,000 X 10,000 C XWCP70018571/1/2022 1/1/2023 1,000,000 1,000,000 1,000,000 A Installation Coverage PCP000244011 5/1/2022 5/1/2023 Job Site Max.Any One Loss Deductible 3,838,928 11,516,784 1,000 Project:Whitted Complex Roof Replacement Per the cancellation clause contained in the policies noted on this certificate,the policy provisions include at least 30 days notice of cancellation except for non-payment of premium. Orange County PO Box 8181 South Cameron Street Hillsborough NC 27278 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD REVISION By Date DRAWN BY: ENGINEER: APPROVAL: DATE: PROJ.:SCALE: DWG. NO. COV HMF DCC AS SHOWN 05/06/2022 J2582COVER AND BUILDING CODE SUMMARYORANGE COUNTY WHITTED BUILDING ROOF REPLACEMENTHILLSBOROUGH, NORTH CAROLINAORANGE COUNTY ASSET MANAGEMENT SERVICESORANGE COUNTY WHITTED BUILDING ROOF REPLACEMENT HILLSBOROUGH, NORTH CAROLINA PREPARED FOR: ORANGE COUNTY ASSET MANAGEMENT SERVICES 240 WEST TRYON STREET HILLSBOROUGH, NC 27278 SITE PLAN NOT TO SCALE SITE LOCATION MAP NOT TO SCALE ANGEL BARNES 919-245-2628 ABARNES@ORANGECOUNTYNC.GOV 23 (ROOF AREAS C, D, E, & F) (MEETS 2009 ENERGY CODE PER NC HOUSE BILL 201) ORANGE COUNTY WHITTED BUILDING ROOF REPLACEMENT PUBLIC WORKS/HUMAN SERVICES .043 (ROOF AREAS C, D, E, & F).033 (ROOF AREAS A & B) ROOF AREAS A & B: SINGLE-PLY MEMBRANE, 1/2" GYPSUM COVERBOARD, 2" POLYISOCYANURATE, 1/2" GYPSUM THERMAL BARRIER, WOOD DECK, INSULATED ATTIC SPACE - TOTAL 8" FIBERGLASS IN ATTIC SPACE ROOF AREAS C & D: SINGLE-PLY MEMBRANE, 1/2" GYPSUM COVERBOARD, 4" POLYISOCYANURATE, 1/2" GYPSUM THERMAL BARRIER, METAL DECK ROOF AREAS E & F: SINGLE-PLY MEMBRANE, 1/2" GYPSUM COVERBOARD, 4" POLYISOCYANURATE, 1/2" GYPSUM THERMAL BARRIER, NAILABLE DECK ROOF REPLACEMENT WILL NOT ALTER OCCUPANCY ROOF REPLACEMENT WILL NOT CHANGE ROOF SUPPORT STRUCTURE OR CEILING FINISHES. NEW ROOF WILL BE UL CLASS A RATED TO MAINTAIN CURRENT RATINGS LOW-SLOPED ROOF AREAS OVER OCCUPIED SPACE Yes No No Yes Yes No No Yes Yes No BUILDING CODE SUMMARY FIELD: 28 PSF PERIMETER: 47 PSF CORNER: 70 PSF N/A ORANGE COUNTY 300 TRYON STREET, HILLSBOROUGH, NORTH CAROLINA THE STRUCTURAL SYSTEM OF THE EXISTING BUILDING 23,300 23,300 15 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/AN/A N/A N/A N/A N/A X X X X NO CHANGE TO BUILDING AREA WIND UPLIFT LOADS X NOT-APPLICABLE: ROOF REPLACEMENT WILL NOT ALTER THE ACCESSIBILITY OF THE EXISTING BUILDING OR PARKING LOT N/A N/A NOT-APPLICABLE: ROOF REPLACEMENT WILL NOT ALTER THE PLUMBING SYSTEM OF THE EXISTING BUILDING NOT-APPLICABLE: ROOF REPLACEMENT WILL NOT ALTER THE LIFE SAFETY SYSTEM OR PLAN OF THE EXISTING BUILDING THE HEIGHT OF THE EXISTING BUILDING NOT-APPLICABLE: ROOF REPLACEMENT WILL NOT ALTER NOT-APPLICABLE: ROOF REPLACEMENT WILL NOT ALTER THE AREA OF THE EXISTING BUILDING CHRIS@ATLASNC.COM X 15 1.00 1.10 X X X N/A N/A N/A N/A N/AN/A N/A N/A N/A N/A N/A N/A B 115 20 0 X X X X (919) 420-7676ATLAS ENGINEERING N/A X THE ELECTRICAL SYSTEM OF THE EXISTING BUILDING NOT-APPLICABLE: ROOF REPLACEMENT WILL NOT ALTER THE MECHANICAL SYSTEM OF THE EXISTING BUILDING NOT-APPLICABLE: ROOF REPLACEMENT WILL NOT ALTER 0 0 0 0 0 N/A X X 27278 NOT-APPLICABLE: ROOF REPLACEMENT WILL NOT ALTER 23,300 23,300 STAGING AND STORAGE AREAS BUSINESS X NO CHANGE IN USE PUBLIC WORKS/HUMAN SERVICES DCC/WRT PARKING AREA ORANGE COUNTY WHITTED BUILDING ENGINEERING, INC.CHRIS COUTU, PE, ATLAS ENGINEERING, INC. CHRIS COUTU NC#23042 1922 & 1936 OVERHEAD PROTECTION 30 (ROOF AREAS A & B) (MEETS 2009 ENERGY CODE PER NC HOUSE BILL 201) BID DOCUMENTS DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD ROOF AREA A ROOF AREA B ROOF AREA C ROOF AREA D ROOF SECTION E ROOF AREA F 36' 61'-4" 27' 9'-8"128'-6" 2' 10' 27' 20' 10' 8' 18'-3" 62'-6" 147'-9" 1'-6" 61'-3" 1' 15' 40' 43'-4"43'-4" 1 1 5 6 8 7 10 10 OD 1 1 1 1 1 1 2 OD 2 OD 2 OD 2 OD 2 OD 2 OD 2 OD 2 3 3 3 4 4 4 4 4 4 4 4 9 9 9 9 4.0 17 3.0 83.0 10 2.0 1 2.0 1 3.0 10 2.0 4 3.0 12 4.0 15 3.0 10 2.0 3 2.0 4 2.0 44.0 15 4.0 17 5.0 18 2.0 5 2.0 3 4.0 16 4.0 17 4.0 13 4.0 14 4.0 16 TYP. TYP. TYP. TYP. TYP. TYP. 2.0 3 3.0 12 2.0 5 3.0 9 3.0 9 3.0 9 3.0 9DS DS DS DS DS DS3.0 11 2.0 1 2.0 2 2.0 2 2.0 2 2.0 2 2.0 6 2.0 1 2.0 2 2.0 6 TYP. 3.0 9 4.0 15 2.0 1 2.0 1 2.0 1 2.0 1 2.0 1 2.0 2 2.0 3 2.0 3 3.0 7 3.0 7 4.0 17 TYP. PARAPET WALL GUTTER AND DOWNSPOUT GRAVEL-STOP EDGE SCUPPER DRAIN WITH SUMP OVERFLOW DRAIN MECHANICAL EQUIPMENT CURB ROUND PENETRATION LEGEND OD DS 1 INSTALL NEW PRIMARY DRAIN 2 INSTALL NEW OVERFLOW DRAIN 3 INSTALL NEW OVERFLOW SCUPPER 4 CUT AND CAP EXISTING DS WITHIN CORNICE, PAINT TO MATCH. 5 INSTALL NEW EXTERIOR ROOF ACCESS LADDER 6 INSTALL NEW ROOF HATCH OPENING, ROOF HATCH RAIL, INTERIOR ACCESS LADDER, INTERIOR DRYWALL CHASE, AND INTERIOR ACCESS PANEL. LOCATION ON ROOF PLAN IS A GENERAL LOCATION. VERIFY FINAL LOCATION WITH DESIGNER. 7 REPLACE EXISTING ROOF HATCH AND INSTALL NEW ROOF HATCH RAIL 8 REMOVE EXISTING ROOF HATCH AND REPAIR ROOF DECK 9 REPLACE PASSIVE VENT (ALTERNATE BID 1) 10 REPLACE COPPER CHIMNEY CAPS (ALTERNATE BID 2) KEY NOTES: 1.THESE DRAWINGS ACCOMPANY A PROJECT MANUAL BY ATLAS ENGINEERING DATED MAY 2022. THE DRAWINGS ARE PROVIDED TO COMMUNICATE EXISTING CONDITIONS, DESIGN INTENT, AND GENERAL REFERENCE. CONTRACTOR SHALL FIELD VERIFY DIMENSIONS, DRAWING SCALES, ROOF CONSTRUCTIONS, AND ALL OTHER CONDITIONS THAT WILL AFFECT THE ROOF REPLACEMENT AND STAGING AND STORAGE SHOWN ON THIS PLAN AND THE COVER SHEET FOR THE PURPOSE OF BIDDING AND CONSTRUCTION. SOME FEATURES SUCH AS PENETRATIONS MAY NOT BE SHOWN TO EXACT SCALE FOR PURPOSE OF CLARITY. 2.THE EXISTING ROOF SYSTEM CONSTRUCTIONS WERE OBSERVED AT SELECTED, REPRESENTATIVE AREAS AND ARE LISTED IN THE SPECIFICATIONS. 3.COORDINATE STORAGE AND STAGING AREAS WITH THE OWNER. PROTECT EXISTING BUILDING, EQUIPMENT, SITE FEATURES, AND STORAGE AND STAGING AREAS FROM DAMAGE DUE TO CONSTRUCTION ACTIVITIES. IF DAMAGE OCCURS, REPAIR AREAS TO RETURN THEM TO THEIR CONDITION PRIOR TO THE START OF CONSTRUCTION. 4.FOLLOW ALL OSHA AND ORANGE COUNTY SAFETY REGULATIONS. 5.VERIFY WALK TREAD LOCATIONS WITH THE DESIGNER. 6.PROVIDE A 6' CHAIN LINK FENCE WITH NON-PENETRATING WEIGHTED BASES AT THE MATERIAL STORAGE AREA SHOWN ON THE COVER SHEET UNLESS OTHERWISE APPROVED BY THE OWNER. 7.ENTRANCES/EXITS MUST BE PROTECTED THROUGH THE USE OF OVERHEAD PROTECTION. A SPOTTER MAY BE REQUIRED ON THE GROUND WHEN WORK ABOVE IS OCCURRING DURING HOURS WHEN THE BUILDING IS OCCUPIED. DO NOT BLOCK PEDESTRIAN OR VEHICULAR ACCESS TO THE BUILDING. GENERAL NOTES: ROOF AREA A ROOF AREA B ROOF AREA C ROOF AREA D ROOF SECTION E ROOF AREA F =FIELD (28 PSF) =PERIMETER (47 PSF) =CORNER (70 PSF) 8' 8' 4' 4' 8' 8' # ##DETAIL CUT KEYED NOTE WALKPAD ROOF ACCESS LADDER ROOF SLOPE DIRECTION SLOPE IN STRUCTURE RIDGE VALLEY PERIMETER OF ROOF (16 FASTENERS/BOARD) 6" 2' 2'-0" 1'-0"1' 1'1' 2' FIELD OF ROOF (12 FASTENERS/BOARD) NOTE: 1.IF PART OF A BOARD FALLS WITHIN THE PERIMETER OR CORNER BOUNDARY, THAT ENTIRE SHEET MUST ALSO MEET THE FASTENING PATTERN REQUIRED FOR THAT AREA. 2.FASTENING PATTERN SHOWN IS MINIMUM REQUIREMENTS. THE CONTRACTOR IS RESPONSIBLE FOR PROVIDING ENHANCED PATTERNS IF REQUIRED BY THE MANUFACTURER. CORNER OF ROOF (20 FASTENERS/BOARD) 1' 6" 1'-6" 1' 6"1'6"6" 4"4" PERIMETER OF ROOF (6" RIBBONS) FIELD OF ROOF (12" RIBBONS) CORNER OF ROOF (4" RIBBONS) No.REVISION By Date DRAWN BY: ENGINEER: APPROVAL: DATE: PROJ.:SCALE: DWG. NO. 1.0 HMF DCC J2582OVERALL ROOF PLAN1 1.0 SCALE: 3/32" = 1'-0" ROOF PLAN DCC/WRT 05/06/2022ORANGE COUNTY WHITTED BUILDING ROOF REPLACEMENTHILLSBOROUGH, NORTH CAROLINAORANGE COUNTY ASSET MANAGEMENT SERVICESENGINEERING, INC.AS SHOWN 2 1.0 NOT TO SCALE WIND UPLIFT PLAN NOT TO SCALE MINIMUM INSULATION FASTENING REQUIREMENTS NOT TO SCALE ADHESIVE PATTERN SPACING REQUIREMENTS BID DOCUMENTS DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD THERMOPLASTIC MEMBRANE HOT AIR WELD 2" 4" 11 2" FIELD VERIFY COVERBOARD INSULATION THERMAL BARRIER EXISTING WOOD DECK TERMINATION BAR FASTENED AT 8" O.C. MEMBRANE FLASHING FULL ADHERED, EXTEND OVER PARAPET WALL PLYWOOD FASTENED EVERY 2 SF HOT AIR WELD CONTINUOUS CLEAT FASTEN AT 12" O.C. FINISH AT EXISTING LOCATION MINIMUM 1/4" PER FOOT SLOPE 3" TERMINATION BAR FASTENED AT 8" O.C. 1/2-WAY UP PARAPET WALL, OR AT HEIGHT PER MANUFACTURER REQUIREMENTS. MEMBRANE FLASHING FULLY ADHERED, EXTEND OVER PARAPET WALL PLYWOOD FASTENED EVERY 2 SF FASTENER WITH EPDM WASHER AT 12" O.C. COPPER COPING - INSTALL 12" BACKUP PLATE AT JOINTS - 2 BEADS OF SEALANT ON BOTH SIDES OF JOINT TAPERED EDGE STRIP FASTENED EVERY 18" O.C. EXISTING MASONRY WALL. FIELD VERIFY CONSTRUCTION. WOOD BLOCKING VARIES THERMOPLASTIC MEMBRANE HOT AIR WELD 2" 4" 11 2" FIELD VERIFY CONTINUOUS CLEAT FASTEN AT 12" O.C. FINISH AT EXISTING LOCATION MINIMUM 1/4" PER FOOT SLOPE 3" TERMINATION BAR FASTENED AT 8" O.C. MEMBRANE FLASHING FULLY ADHERED, EXTEND OVER PARAPET WALL PLYWOOD FASTENED EVERY 2 SF FASTENER WITH EPDM WASHER AT 12" O.C. COPPER COPING - INSTALL 12" BACKUP PLATE AT JOINTS - 2 BEADS OF SEALANT ON BOTH SIDES OF JOINT TAPERED EDGE STRIP FASTENED EVERY 18" O.C. EXISTING MASONRY WALL. FIELD VERIFY CONSTRUCTION. WOOD BLOCKING VARIES COVERBOARD INSULATION THERMAL BARRIER EXISTING WOOD DECK 2" 4" 11 2" FIELD VERIFY FINISH AT EXISTING LOCATION 3" VARIES THERMOPLASTIC MEMBRANE HOT AIR WELD CONTINUOUS CLEAT FASTEN AT 12" O.C. MINIMUM 1/4" PER FOOT SLOPE TERMINATION BAR FASTENED AT 8" O.C. MEMBRANE FLASHING FULLY ADHERED, EXTEND OVER PARAPET WALL PLYWOOD FASTENED EVERY 2 SF FASTENER WITH EPDM WASHER AT 12" O.C. COPPER COPING - INSTALL 12" BACKUP PLATE AT JOINTS - 2 BEADS OF SEALANT ON BOTH SIDES OF JOINT TAPERED EDGE STRIP FASTENED EVERY 18" O.C. EXISTING MASONRY WALL. FIELD VERIFY CONSTRUCTION. WOOD BLOCKING. (ADDITIONAL LAYERS MAY BE REQUIRED AT AREAS WITH LOW FLASHING HEIGHTS.) COVERBOARD INSULATION THERMAL BARRIER EXISTING METAL DECK NOTE: ROOF AREAS C, D, E, AND F HAVE 4" INSULATION. THERMOPLASTIC MEMBRANE2" FIELD VERIFY PARAPET SCUPPER SLEEVE TERMINATION BAR FASTENED AT 8" O.C. MEMBRANE FLASHING FULLY ADHERED, EXTEND OVER PARAPET WALL FLASHING CLAMPING RING REFER TO PARAPET WALL DETAIL ON SHEET 2.0 CORE NEW OPENING IN MASONRY WALL ADJUSTABLE WALL FLANGE COVERBOARD INSULATION THERMAL BARRIER EXISTING NAILABLE DECK NOTE: ROOF AREAS C, D, E, AND F HAVE 4" INSULATION. 2" SEALANT COPPER COPING COPPER COUNTERFLASHING SEALANT NOTE: DETAIL FOR GENERAL INSTALLATION. FINALIZE DETAIL CONFIGURATION WITH DESIGNER. METAL COPING - 12" BACKUP PLATE AT EACH JOINT - 2 BEADS OF SEALANT ON EITHER SIDE OF THE JOINT UNDER THE COVER PLATE. THERMOPLASTIC MEMBRANE HOT AIR WELD COVERBOARD INSULATION THERMAL BARRIER EXISTING NAILABLE DECK MATCH EXISTING HEIGHT MEMBRANE FLASHING COPPER FASCIA METAL CONTINUOUS CLEAT FASTENED AT 3" 0.C. STAGGERED EXISTING MASONRY WALL. FIELD VERIFY CONSTRUCTION. WOOD BLOCKING. CONFIGURATION MAY VARY. NOTE: ROOF AREAS C, D, E, AND F HAVE 4" INSULATION. 1.COMPONENTS SHOWN ON THE DETAILS SHALL BE CONSIDERED TO BE NEW UNLESS NOTED AS EXISTING. 2.CRIMP COPING AND EDGE METAL TO CLEATS A MINIMUM OF 12" O.C. 3.NAILERS/WOOD BLOCKING ARE TO BE FASTENED AT 12" O.C. STAGGERED WITH 2 FASTENERS AT EACH END. 4.PLYWOOD ON THE WALLS IS TO BE SECURED EVERY 2 SF. 5.USE A MINIMUM OF 12" BACKUP PLATES AT THE COPING JOINTS. INSTALL TWO BEADS OF SEALANT ON EACH SIDE OF THE BACKUP PLATE PRIOR TO INSTALLING THE COPING PLATE AND INSTALL SEALANT ALONG OUTSIDE JOINTS. 6.TURN THE FIELD SHEET UP 2" AND SECURE TO THE WALL OR SECURE THROUGH THE MEMBRANE TO THE DECK. IF A TERMINATION BAR IS USED TO TERMINATE THE FIELD SHEET PERIMETER, TERMINATION BAR SHALL BE LOCATED A MINIMUM OF 1/4" AND A MAXIMUM OF 1/2" OFF THE MEMBRANE. MINIMUM 1" EMBEDMENT INTO SUBSTRATE. 7.FASTENERS SHALL PENETRATE THE SUBSTRATE A MINIMUM OF 1" UNLESS OTHERWISE NOTED. 8.ALLOW 1/4" SPACING BETWEEN CONSECUTIVE LENGTHS OF TERMINATION BAR. 9.DO NOT WRAP TERMINATION BAR AROUND CORNERS. 10.COUNTERFLASHING IS TO EXTEND A MINIMUM OF 3" PAST THE TERMINATION BAR. 11.BUTYL TAPE OR SEALANT IS TO BE INSTALLED BETWEEN EQUIPMENT, SUPPORTS ETC. AND THE FLASHING. INSTALL SEALANT AROUND THE TOP AND SIDES OF THE EQUIPMENT/SUPPORTS/ETC. 12.ALL WELDS ARE TO BE A MINIMUM OF 1.5" 13.EXTEND FLASHING A MINIMUM OF 4" ONTO THE FIELD. 14.IF CONDITIONS ARE DISCOVERED THAT PREVENT THE PROPER INSTALLATION OF A DESIGN DETAIL AS SHOWN IN THE DRAWINGS, CONTRACTOR SHALL IMMEDIATELY NOTIFY THE ENGINEER TO ALLOW FOR APPROVAL OF SUGGESTED MODIFICATION. 15.DUE TO SITE SPECIFIC CONDITIONS, SOME DETAILS MAY HAVE LIMITED OR RESTRICTED VERTICAL FLASHING HEIGHTS, OR OTHER NON-STANDARD CONDITIONS. IT IS THE CONTRACTOR'S RESPONSIBILITY TO OBTAIN REQUIRED MANUFACTURER APPROVALS, INSPECTIONS, AND WRITTEN ACCEPTANCE OF VARIANCES AS NECESSARY TO PROVIDE THE SPECIFIED ROOF SYSTEM WARRANTY. CONSTRUCTION DETAIL NOTES: No.REVISION By Date DRAWN BY: ENGINEER: APPROVAL: DATE: PROJ.:SCALE: DWG. NO. 2.0 HMF DCC J2582DETAILS1 2.0 SCALE: 3" = 1'-0" PARAPET WALL - TALL WALL DCC/WRT 05/06/2022ORANGE COUNTY WHITTED BUILDING ROOF REPLACEMENTHILLSBOROUGH, NORTH CAROLINAORANGE COUNTY ASSET MANAGEMENT SERVICESENGINEERING, INC.AS SHOWN 2 2.0 PARAPET WALL - WOOD DECK 3 2.0 PARAPET WALL - METAL DECK 4 2.0 SCUPPER 5 2.0 RAISED EDGE 6 2.0 COPING TERMINATION SCALE: 3" = 1'-0" SCALE: 3" = 1'-0"SCALE: 3" = 1'-0" SCALE: 3" = 1'-0" SCALE: 3" = 1'-0" BID DOCUMENTS DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD COUNTERFLASHING/COPING SEALANT ALONG EDGE INSTALL IN ACCORDANCE WITH DETAIL 5/2.0 AND 10/3.0 - TURN POLYMER COATED METAL UP WALL A MINIMUM OF 1" AND INSTALL BEHIND OUTER EDGE METAL COATED METAL FASTENED AT 3" O.C. - HEM OUTER EDGE AND INSTALL SEALANT ALONG OUTER EDGE MEMBRANE FLASHING - INSTALL SEALANT BEHIND FLASHING AT THE FASTENER LOCATION PRIOR TO INSTALLING COATED METAL NOTE: DETAIL FOR GENERAL INSTALLATION. FINALIZE DETAIL CONFIGURATION WITH DESIGNER. MEMBRANE FLASHING ADHERED TO WALL AND SECURE WITH TERMINATION BAR SURFACE MOUNTED COUNTERFLASHING, EXTEND BELOW TERMINATION BAR 3" MIN., SECURE AT 12" O.C. TERMINATION BAR FASTENED THROUGH FLASHING AND TAPE SEALANT SEALANT THERMOPLASTIC MEMBRANE COVERBOARD INSULATION THERMAL BARRIER EXISTING NAILABLE DECK HOT AIR WELD TERMINATION BAR FASTENED AT 8" O.C. 11 2" VARIES EXISTING MASONRY WALL 3" MIN MEMBRANE FLASHING ADHERED TO WALL AND SECURE WITH TERMINATION BAR REGLET MOUNTED COUNTERFLASHING WITH LEAD WEDGES AT 24" O.C., EXTEND BELOW TERMINATION BAR 3" MIN. TERMINATION BAR FASTENED THROUGH FLASHING AND TAPE SEALANT SEALANT THERMOPLASTIC MEMBRANE COVERBOARD INSULATION THERMAL BARRIER EXISTING NAILABLE DECK HOT AIR WELD TERMINATION BAR FASTENED AT 8" O.C. 11 2" VARIES EXISTING MASONRY WALL NOTE: ROOF AREAS C, D, E, AND F HAVE 4" INSULATION. 3" MIN THERMOPLASTIC MEMBRANEHOT AIR WELD COVERBOARD INSULATION THERMAL BARRIER EXISTING NAILABLE DECK MEMBRANE FLASHING EXISTING MASONRY WALL. FIELD VERIFY CONSTRUCTION. WOOD BLOCKING. CONFIGURATION MAY VARY. WOOD BLOCKING TO MATCH HEIGHT OF (OR BE UP TO 1/2" LOWER THAN) INSULATION ASSEMBLY ALONG EAVE, SECURE @ 12" O.C. COPPER DOWNSPOUT (SEAM TO BACKSIDE). SECURE TO GUTTER WITH AN OUTLET/DROP. ALIGN TO ALLOW FOR CONNECTION TO EXISTING UNDERGROUND DRAINAGE LINE AS APPLICABLE. SECURE TO WALL WITH 2" WIDE STRAPS AT TOP AND NEAR BOTTOM OF DOWNSPOUT AND EVERY 8' IN BETWEEN. . GUTTER BRACKET SPACED @ 36" O.C. AND SECURED TO BLOCKING WITH TWO FASTENERS EACH. MEMBRANE-CLAD DRIP EDGE CLEAT, SET FLANGE IN COMPATIBLE SEALANT AND SECURE FLANGE TO BLOCKING @ 3" O.C., STAGGERED. COPPER D X W GUTTER. FRONT LIP MUST BE 1" BELOW TOP OF MEMBRANE AT EAVE. BACK LEG EXTENDS TO TOP OF BLOCKING BEHIND DRIP EDGE. BOTTOM OF GUTTER TO FINISH AT EXISTING LOCATION. GUTTER SPACER INSTALLED @ 36" O.C., OFFSET FROM BRACKETS. SECURE TO OUTER LIP AND THROUGH BACK LEG OF GUTTER ROOF AREA A ROOF AREA D ROOF AREA F GUTTER SIZE (DxW) 5"x8" 3"x3" 3"x3" DOWNSPOUT SIZE 5"x5" 3"x3" 3"x3" SEALANT EXISTING MASONRY WALL GUTTER BRACKET SPACED @ 36" O.C. AND SECURED TO BLOCKING WITH TWO FASTENERS EACH COPPER GUTTER. BOTTOM OF GUTTER TO FINISH AT EXISTING LOCATION. SEE GUTTER DETAIL 10/3.0 FOR ADDITIONAL INFORMATION. GUTTER SPACER INSTALLED @ 36" O.C., OFFSET FROM BRACKETS. SECURE TO OUTER LIP AND THROUGH BACK LEG OF GUTTER SURFACE MOUNTED COUNTERFLASHING FASTENED THROUGH TAPE SEALANT, EXTEND BELOW GUTTER SPACER FASTENER, SECURE AT 12" O.C. SEALANT 11 2"THERMOPLASTIC MEMBRANE COVERBOARD INSULATIONTHERMAL BARRIER EXISTING WOOD DECK HOT AIR WELD MEMBRANE FLASHING, FULL ADHERED TERMINATION BAR FASTENED AT 8" O.C. ROOF HATCH CURB POP RIVET 12" O.C. WRAP MEMBRANE UP AND UNDER FLASHING. EXTEND PAST FLASHING. METAL FLASHING ON INTERIOR (STAINLESS STEEL) FORMED TO COMPRESS FLASHING AND SECURE FLASHING 1" 2" 8" MIN. No.REVISION By Date DRAWN BY: ENGINEER: APPROVAL: DATE: PROJ.:SCALE: DWG. NO. 3.0 HMF DCC J2582DETAILS DCC/WRT 05/06/2022ORANGE COUNTY WHITTED BUILDING ROOF REPLACEMENTHILLSBOROUGH, NORTH CAROLINAORANGE COUNTY ASSET MANAGEMENT SERVICESENGINEERING, INC.AS SHOWN 7 3.0 RAISED EDGE TERMINATION SCALE: 3" = 1'-0" 8 3.0 ROOF TO WALL - REGLET MOUNT 9 3.0 ROOF TO WALL - SURFACE MOUNT 10 3.0 GUTTER SCALE: 3" = 1'-0" 11 3.0 WALL TO GUTTER SECUREMENT 12 3.0 ROOF HATCH SCALE: 3" = 1'-0"SCALE: 3" = 1'-0" SCALE: 3" = 1'-0" SCALE: 3" = 1'-0" BID DOCUMENTS DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD THERMOPLASTIC MEMBRANE COVERBOARD INSULATION THERMAL BARRIER EXISTING NAILABLE DECK HOT AIR WELD PLATE AND FASTENER AT 12" O.C. MANUFACTURER'S SPECIFIED TARGET SHEET THERMOPLASTIC MEMBRANE SEALANT CLAMPING RING DRAIN STRAINER NOTES: 1.CUT NEW MEMBRANE TO EXTEND A MINIMUM OF 1" BEYOND THE ATTACHMENT POINTS OF THE DRAIN CLAMPING RING. 2.HOLE IN MEMBRANE MUST EXCEED SIZE OF DRAIN PIPE A MINIMUM OF 1". 3.REPLACE ANY PLASTIC STRAINERS AND/OR PLASTIC CLAMPING RINGS WITH CAST IRON. 4.CLEAN, PRIME, AND PAINT EXISTING CLAMPING RINGS AND DRAIN STRAINERS. 5.FIELD SEAMS MUST BE LOCATED AT LEAST 12" OUTSIDE THE DRAIN SUMP. 6.REPLACE EXISTING CLAMPING RING BOLTS WITH NEW STAINLESS STEEL BOLTS OF SAME SIZE. 7.USE 4' SUMP. 8.ROOF AREAS C, D, E, AND F HAVE 4" INSULATION. FILL VOID WITH FOAM EXISTING WOOD DECK SEE DETAIL 15/4.0 FOR DRAIN DETAIL NEW 3" I.D. DRAIN LEADER. PROVIDE HANGERS AS NEEDED FOR PROPER SUPPORT CORE NEW OPENING IN MASONRY WALL ADJUSTABLE WALL FLANGE WITH SEALANT BEHIND AND AROUND CONDUCTOR HEAD CENTER OPENING WITHIN FLAT SECTION OF CORNICE/MOLDING. COPPER DOWNSPOUT (3"X4"), SECURE TO WALL WITH A MIN. OF TWO STRAPS AND AT 8' O.C. LOCATE AT EXISTING DOWNSPOUT LOCATIONS. PROVIDE INSULATION AROUND DRAIN LINE (NOT SHOWN FOR CLARITY) CORE THROUGH WOOD DECK TO ALLOW FOR INSTALLATION OF NEW DRAIN LINE. SUPPORT 3" I.D. SCHEDULE 40 DRAIN LINE ON WOOD DECK WITH FLANGE. PACK SPACE AROUND PIPE WITH MINERAL WOOL AND FIRESTOP SEALANT (TO INSIDE) (INSULATION AND SEALANT NOT SHOWN)APPROXIMATE LOCATION OF EXISTING DOWNSPOUT OPENING. CUT AND CAP EXISTING DOWNSPOUT AND PAINT TO MATCH EXISTING CORNICE. EXISTING CORNICE NEATLY TRIM MOLDING AS NECESSARY TO ALLOW FOR CONDUCTOR HEAD TO FIT TIGHT AGAINST EXISTING CORNICE. NOTE: INSTALL 2"X8" BETWEEN THE RAFTERS ON EITHER SIDE OF THE DRAIN FOR SUPPORT NON-REMOVABLE UNIT THERMOPLASTIC MEMBRANE COVERBOARD INSULATIONTHERMAL BARRIER EXISTING NAILABLE DECK HOT AIR WELD MEMBRANE FLASHING FULLY ADHERED, EXTEND OVER TOP OF CURB GALVANIZED NAIL AT 3" O.C. EXISTING EQUIPTMENT. SECURE WITH 2 FASTENERS PER SIDE 8" MIN. TERMINATION BAR FASTENED AT 8" O.C. EXISTING CURB. EXTEND WITH BLOCKING IF NEEDED TO OBTAIN THE 8" MIN. HEIGHT. 2" 3" SEALANT TERMINATION BAR FASTENED AT 8" O.C. COUNTERFLASHING POP RIVET AT 6" O.C. EXISTING UNIT NOTE: ROOF AREAS C, D, E, AND F HAVE 4" INSULATION. THERMOPLASTIC MEMBRANE COVERBOARD INSULATION THERMAL BARRIER EXISTING NAILABLE DECK PIPE, 1/2" TO 6-1/2" HOT AIR WELD SEALANT PRE-MOLDED PIPE BOOT STAINLESS STEEL CLAMPING RING 11 2" PLATE AND FASTENER 8" MIN. NOTE: ROOF AREAS C, D, E, AND F HAVE 4" INSULATION. THERMOPLASTIC MEMBRANE COVERBOARD INSULATION THERMAL BARRIER EXISTING NAILABLE DECK HOT AIR WELD SEALANT MEMBRANE FLASHING STAINLESS STEEL CLAMPING RING 11 2" PLATE AND FASTENER 8" MIN. EXISTING ROUND PENETRATION NOTE: USE ONLY IF A PIPE BOOT CANNOT BE INSTALLED. INCLUDE SEPARATION TAPE ON PIPE IF CONTAMINANTS ARE PRESENT.EXISTING WOOD DECK SIMILAR TO DETAIL 15/4.0 FOR DRAIN. DO NOT SUMP OVERFLOW DRAIN. NEW 4" I.D. DRAIN LEADER. PROVIDE HANGERS AS NEEDED FOR PROPER SUPPORT CORE NEW OPENING IN MASONRY WALL ADJUSTABLE WALL FLANGE DOWNSPOUT NOZZLE. CENTER OPENING WITHIN FLAT SECTION OF CORNICE/MOLDING. PROVIDE INSULATION AROUND DRAIN LINE (NOT SHOWN FOR CLARITY) CORE THROUGH WOOD DECK TO ALLOW FOR INSTALLATION OF NEW DRAIN LINE. SUPPORT 4" I.D. SCHEDULE 40 DRAIN LINE ON WOOD BLOCKING WITH FLANGE. PACK SPACE AROUND PIPE WITH MINERAL WOOL AND FIRESTOP SEALANT (TO INSIDE) (INSULATION AND SEALANT NOT SHOWN) EXISTING CORNICE MAINTAIN EQUAL SPACING OF THE OVERFLOW SCUPPER OPENINGS FROM THE NEW PRIMARY DOWNSPOUT LOCATIONS. WOOD BLOCKING NOTE: INSTALL 2"X8" BETWEEN THE RAFTERS ON EITHER SIDE OF THE DRAIN FOR SUPPORT No.REVISION By Date DRAWN BY: ENGINEER: APPROVAL: DATE: PROJ.:SCALE: DWG. NO. 4.0 HMF DCC J2582DETAILS15 4.0 SCALE: 3" = 1'-0" DRAIN DCC/WRT 05/06/2022ORANGE COUNTY WHITTED BUILDING ROOF REPLACEMENTHILLSBOROUGH, NORTH CAROLINAORANGE COUNTY ASSET MANAGEMENT SERVICESENGINEERING, INC.AS SHOWN 13 4.0 NEW PRIMARY DRAIN 14 4.0 NEW OVERFLOW DRAIN 17 4.0 CURB SCALE: 1-1/2" = 1'-0" SCALE: 1-1/2" = 1'-0" 16 4.0 PIPE SCALE: 3" = 1'-0" SCALE: 3" = 1'-0" BID DOCUMENTS DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 3"X3 8" SIDE RAILS OSHA COMPLIANT SERRATED LADDER RUNGS (TYP.) EQ. SPACING AT 12" O.C., CENTERED ON SIDE RAILS 8"X3 8" BENT PLATE, EA. SIDE L4X3X1 4 SLV 3 SIDES14" FASTEN BASE PLATE TO STRUCTURAL DECK WITH (4) Ø 1 4"X 20 HEX HEAD SELF DRILLING, SELF TAPPING SCREWS, TYP. 21" 42" 3"X3 8" MID RAILS ON BOTH SIDES OF WALK THROUGH 3 SIDESØ 1 2" EPOXY ANCHOR, TYP. L5X3X1 4 LLV, TYP. 7" MIN. 7" MIN. EXIST. MASONRY WALL. FIELD VERIFY CONDITION FLASH IN ACCORDANCE WITH DETAIL 16/4.0, TYP. 4'-6" FIELD VERIFY 1 2" MIN. 1" MAX STANDARD DUTY, GALVANIZED, 1"X316" BAR GRATING, BARS PERPENDICULAR TO SIDE RAILS METAL DECK WOOD DECK 1 4" CENTER BOLT ON SIDE RAIL, TYP. 11 2" MIN. TYP. L3X3X1 4 TOP RAILS ON BOTH SIDES OF WALK THROUGH STANDARD DUTY, GALVANIZED, 1"X316" BAR GRATING, BARS PERPENDICULAR TO SIDE RAILS 8"X3 8" BENT PLATE, TYP. 3" TYP. L2X2X1 4 WELDED AND CENTERED ON SIDE RAILS, TYP. FASTEN LADDER TO HSS AND ANGLE ASSEMBLY IN THE FIELD (1) Ø 1 2" BOLT PER L2X2X1/4 3"X3 8" SIDE RAILS OSHA COMPLIANT SERRATED LADDER RUNGS (TYP.) EQ. SPACING AT 12" O.C., CENTERED ON SIDE RAILS 24" PARAPET FACE L5X3L1 4 LLV 12'-6", FIELD VERIFY 20 5.0 NOTE: FIELD DRILL HOLES TO FASTEN LADDER TO HSS AND ANGLE ASSEMBLY. GRATING CLIP, TYP. 12" 12" MAX FASTEN ANGLE TO SIDE RAILS IN THE FIELD WITH Ø 1 2" BOLT, TYP. FASTEN MID AND TOP RAILS TO SIDE RAILS IN THE FIELD WITH Ø 1 2" BOLT, TYP. 12" MAX L4X3X1 4 SLV HSS 2.375X0.250 1 4" THICK, 8" SQ. BASE PLATE 1 2" MIN. 8" 8" 11 2" TYP. 11 2" TYP. 1 4" Ø 516" HOLE, TYP. HSS 2.375X0.250 3'-0" 1 4" HSS 2.375X0.250 L4X3X1 4 B A SECTION A - BASE PLATE SECTION B - HSS TO ANGLE CONNECTION SLV - SHORT LEG VERTICAL LLV - LONG LEG VERTICAL No.REVISION By Date DRAWN BY: ENGINEER: APPROVAL: DATE: PROJ.:SCALE: DWG. NO. 5.0 HMF DCC J2582DETAILS DCC/WRT 05/06/2022ORANGE COUNTY WHITTED BUILDING ROOF REPLACEMENTHILLSBOROUGH, NORTH CAROLINAORANGE COUNTY ASSET MANAGEMENT SERVICESENGINEERING, INC.AS SHOWN 18 5.0 EXTERIOR LADDER - SIDE VIEW SCALE: 1" = 1'-0" 19 5.0 EXTERIOR LADDER - FRONT VIEW SCALE: 1" = 1'-0" 20 5.0 PRE-FABRICATED HSS AND ANGLE ASSEMBLY SCALE: 3" = 1'-0"BID DOCUMENTS DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 8"X3 8" BENT PLATE, TWO PER LADDER, TYP. 3" TYP. 3"X3 8" SIDE RAILS OSHA COMPLIANT SERRATED LADDER RUNGS (TYP.) EQ. SPACING AT 12" O.C., CENTERED ON SIDE RAILS EXIST. DROP CEILING EXIST. HARD CEILING ROOF DECK ROOF SYSTEM AND MEMBRANE SEE DETAIL 12/3.0 FOR ROOF HATCH DETAIL APPROX. 6', FIELD VERIFY APPROX. 9', FIELD VERIFY 4" MIN. 12" MAX. Ø 12" EPOXY ANCHOR, TYP. UPPERMOST RUNG SHALL BE A MAX. OF 24" BELOW UPPER EDGE OF ROOF HATCH 2'-6", FIELD VERIFY LADDER RUNGS SHALL BE A MINIMUM OF 7" AWAY FROM WALL FACE A B 22 6.0 24" EXIST. FLOOR 12" MAX. SPACING BETWEEN TOP RUNG OF LOWER LADDER AND BOTTOM RUNG OF UPPER LADDER NOTE: FIELD VERIFY HEIGHTS PRIOR TO FABRICATION OF LADDERS. NEW 2X8 TREATED WOOD FRAMING, FASTEN TO NEW FRAMING WITH JOIST HANGERS 30" 36" NEW 2X8 TREATED WOOD FRAMING, FASTEN TO EXIST. JOIST WITH JOIST HANGERS EXIST. ROOF JOISTS, TYP. EXIST. ROOF JOISTS TO REMAIN EXIST. ROOF JOISTS TO REMAIN NOTE: 1.CUT AND REMOVE EXISTING ROOF JOISTS TO INSTALL NEW FRAMING. 2.NEW ROOF HATCH AND DECKING OMITTED FOR CLARITY. SECTION A - HATCH OPENING AND FRAMING ROOF HATCH ROUGH OPENING 30" 36" EXIST. CEILING JOISTS, TYP. EXIST. MASONRY WALL NEW 2X8 TREATED WOOD FRAMING FASTENED TO EXIST. CEILING JOIST WITH JOIST HANGERS, TYP. NEW 2X8 TREATED WOOD BLOCKING FASTENED TO NEW FRAMING WITH JOIST HANGERS NEW 2X8 TREATED WOOD BLOCKING FASTENED TO NEW FRAMING AND MASONRY WALL WITH JOIST HANGERS EXIST. CEILING JOISTS TO REMAIN NEW 5 8" THICK, TYPE-X GYPSUM NEW METAL STUDS FASTENED TO WOOD FRAMING, NO MORE THAN 24" O.C., TYP. NEW FIRE-RATED PANEL 7" MAX NOTE: 1.CUT AND REMOVE EXISTING CEILING JOISTS TO INSTALL NEW FRAMING. 2.NEW LADDER OMITTED FOR CLARITY SECTION B - CEILING OPENING FRAMING EXIST. CEILING JOIST NEW 2X8 TREATED WOOD FRAMING, BEYOND NEW 2X8 TREATED WOOD FRAMING, TYP. NEW METAL STUD, NO MORE THAN 24' O.C., TYP. INSTALL TRACK AT BOTTOM EXIST. GYPSUM CEILING. CUT AND REMOVE AS NECESSARY TO INSTALL METAL STUDS WRAP METAL STUD WALL WITH 2 LAYERS OF 5 8" THICK, TYPE-X GYPSUM BOARD, IF EXISTING CEILING ONLY HAS ONE LAYER OF 5 8" GYPSUM, ONLY ONE LAYER IS NECESSARY AT METAL STUD WALL FASTEN METAL STUD TO EXIST. CEILING JOISTS WITH 1 4" HEX HEAD SELF-DRILLING, SELF-TAPPING SCREWS, 2 FASTENERS PER STUD, TYP. NEW FIRE-RATED UPWARD-OPENING ACCESS PANEL, INSTALL TO AVOID INTERFERENCE WITH UPPER LADDER FASTEN PANEL FRAME TO NEW WOOD FRAMING, MIN. 2 FASTENERS PER SIDE, TYP. EXIST. DROP CEILING. REMOVE 4' X 4' GRID AND REINSTALL AROUND NEW OPENING 36" NEW METAL STUD TRACK, TYP. NEW METAL STUD TO FASTEN EXIST. GYPSUM TO No.REVISION By Date DRAWN BY: ENGINEER: APPROVAL: DATE: PROJ.:SCALE: DWG. NO. 6.0 HMF DCC J2582DETAILS DCC/WRT 05/06/2022ORANGE COUNTY WHITTED BUILDING ROOF REPLACEMENTHILLSBOROUGH, NORTH CAROLINAORANGE COUNTY ASSET MANAGEMENT SERVICESENGINEERING, INC.AS SHOWN BID DOCUMENTS 21 6.0 INTERIOR LADDER - FRONT VIEW SCALE: 1" = 1'-0" 22 6.0 INTERIOR LADDER - CHASE DETAIL SCALE: 1-1/2" = 1'-0" DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD PROJECT MANUAL FOR WHITTED BUILDING ROOF REPLACEMENT ORANGE COUNTY, HILLSBOROUGH, NC Prepared for ORANGE COUNTY ASSET MANAGEMENT 300 W. TRYON STREET, B BLDG., 3RD FLOOR HILLSBOROUGH, NC 27278 Prepared by ATLAS ENGINEERING, INC. 551-A PYLON DRIVE RALEIGH, NORTH CAROLINA 27606 ATLAS JOB NO. J2582 MAY 2022 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD ADVERTISEMENT FOR BIDS Sealed proposals will be received until 3:00 P.M. on June 2, 2022 in the office of Orange County Financial Services, 405 Meadowlands Drive, Hillsborough, NC Carolina 27278, Attn: Angel Barnes for the construction of the Whitted Building Roof Replacement. Bids will be publicly opened and read starting at 4:00 P.M. at the Whitted Complex Building A (Health Department), 2nd Floor Board of County Commissioner’s Meeting Room, 300 W. Tryon Street, Hillsborough, NC 27278. Bids will be received for a Single Prime Contract. All proposals shall be lump sum. A mandatory pre-bid meeting will be held for bidders on May 17, 2022 at 10:00 a.m. at the Whitted Complex Building A (Health Department), 2nd Floor Board of County Commissioner’s Meeting Room, 300 W. Tryon Street, Hillsborough, NC 27278. Bidders may visit the site following the meeting. Interested subcontractors and suppliers are strongly encouraged to attend. Complete plans and specifications for this project can be obtained from Atlas Engineering, Inc., 551-A Pylon Drive, Raleigh, North Carolina 27606, (919) 420-7676 Attn: Rob Tatum, RRC during normal office hours after (TBD). Electronic documents are provided at no cost. Plan deposit of One hundred dollars ($100.00) in cash or certified check is required for hardcopy sets. The state reserves the unqualified right to reject any and all proposals. Signed: Orange County (Owner) DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD N O T I C E TO B I D D E R S Sealed proposals will be received until 3:00 P.M. on June 2, 2022 in the office of Orange County Financial Services, 405 Meadowlands Drive, Hillsborough, NC Carolina 27278, Attn: Angel Barnes for the construction of the Whitted Building Roof Replacement. Bids will be publicly opened and read starting at 4:00 P.M. at the Whitted Complex Building A (Health Department), 2nd Floor Board of County Commissioner’s Meeting Room, 300 W. Tryon Street, Hillsborough, NC 27278. The project includes the replacement of approximately 23,300 square feet of modified bitumen roof system with new single-ply roof system. Bids will be received for a Single Prime Contract. All proposals shall be lump sum. Pre-Bid Meeting A mandatory pre-bid meeting will be held for bidders on May 17, 2022 at 10:00 a.m. at the Whitted Complex Building A (Health Department), 2nd Floor Board of County Commissioner’s Meeting Room, 300 W. Tryon Street, Hillsborough, NC 27278. The meeting will address the project scope and description and answer specific questions and issues, anticipated project schedule, bidding procedures, and bid forms. Participants will also be able to visit the building site and roof following the administrative portion of the meeting. Interested subcontractors and suppliers are strongly encouraged to attend. Complete plans, specifications and contract documents will be open for inspection in the offices of Orange County Asset Management and Atlas Engineering, Inc. at 551A Pylon Drive, Raleigh, NC and in the electronic plan rooms of: Associated General Contractors (i- sqft), FW Dodge, and ConstructConnect. Electronic copies of the documents are available at no cost. Hardcopies of the documents may be obtained upon deposit of one hundred dollars ($100.00) in cash or certified check. The full plan deposit will be returned to those bidders provided all documents are returned in good, usable condition within ten (10) days after the bid date. Deposit for one set will be waived for Bidders attending the Pre-Bid Meeting. 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 Unlimited Building or Specialty-Roofing. Each proposal shall be accompanied by a cash deposit or a certified check drawn on some bank or trust company, insured by the Federal Deposit Insurance Corporation, of an amount equal to not less than five percent (5%) of the proposal, or in lieu thereof a bidder may offer a bid bond of five percent (5%) of the bid executed by a surety company licensed under the laws of North Carolina to execute the contract in accordance with the bid bond. Said deposit shall be retained by the owner as liquidated damages in event of failure of the successful bidder to execute the contract within ten days after the award or to give satisfactory surety as required by law. A performance bond and a payment bond will be required for one hundred percent (100%) of the contract price. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 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: Owner: Atlas Engineering, Inc. Orange County 551-A Pylon Drive, Raleigh, NC 27604 Asset Management (919) 420-7676 300 W. Tryon Street, B Bldg, 3rd Floor PM- Rob Tatum: (919) 819-2811 (M) Hillsborough, NC 27278 Rob@atlasnc.com PM-Angel Barnes: (919) 245-262 abarnes@orangecountync.gov DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD TABLE OF CONTENTS TITLE PAGE Advertisement for Bids Notice to Bidders TABLE OF CONTENTS • General Conditions of the Contract for Construction • Guidelines for Recruitment and Selection of Minority Businesses (including Forms) • Orange County Minimum Insurance Requirements • Dispute Resolution Rules and Procedures for Orange County Design, Building Construction, Renovation, and Repair Projects • County Sales Tax and Use Forms • Hotwork Permit Program DIVISION 1- GENERAL REQUIREMENTS 010100 Summary of Work 012100 Base Bid Allowances (Estimated Quantities) 012500 Project Meetings 013300 Submittals 014000 Quality Control 015000 Construction Facilities 016000 Materials and Equipment 017700 Project Closeout DIVISION 2- SITEWORK 024110 Selective Demolition DIVISION 6- WOOD AND PLASTICS 061140 Rough Carpentry DIVISION 7- THERMAL AND MOISTURE PROTECTION 075400 Thermoplastic Single-Ply Roof Membrane 076200 Roof Flashing and Sheet Metal 077200 Roof Accessories DIVISION 9-FINISHES 099113 Painting DIVISION 22-PLUMBING 221423 Roof Drains DIVISION 23- MECHANICAL 230800 General Mechanical and Electrical Requirements DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD CONTRACT FORMS AND BID REQUIREMENTS • Form of Proposal* • Form of Bid Bond* • Safety Questionnaire for Formal Bids* • Orange County Living Wage Policy* • Orange County Nondiscrimination Certification* • E-Verify Affidavit* • Form of Construction Contract (For Projects Over $250,000) • Form of Performance Bond • Form of Payment Bond * Required to be returned with the bid APPENDIX A Asbestos Report DRAWINGS COV Cover Sheet with Building Code Summary 1.0 Roof Plan and Elevations (Partial) 2.0 Details 3.0 Details 4.0 Details 5.0 Details 6.0 Details DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 1 Revised 06/21 EXHIBIT 1----GENERAL CONDITIONS Table of Contents Page Article 1. Definitions......................................................................................................................3 Article 2. Correlation, Interpretation, and Intent of Contract Documents……...............................7 Article 3. Familiarity with Work, Conditions and Laws..................................................................8 Article 4. Bonds............................................................................................................................9 Article 5. Insurance and Indemnity ..............................................................................................9 Article 6. Other Record Documents and Submittals...................................................................16 Article 7. Contractor....................................................................................................................18 Article 8. Owner .........................................................................................................................26 Article 9. Construction Manager ................................................................................................26 Article 10. Designer ...................................................................................................................26 Article 11. Testing and Surveying..............................................................................................27 Article 12. Separate Contracts...................................................................................................27 Article 13. Contract Time ..........................................................................................................28 Article 14. Changes in the Work ...............................................................................................31 Article 15. Change of the Contract Price ..................................................................................33 Article 16. Unforeseen Conditions.............................................................................................35 Article 17. Correction of Work before Final Payment ...............................................................35 Article 18. Correction of Work after Substantial Completion; Warranties and Guaranties........36 Article 19. Owner's Right to Do Work .......................................................................................37 Article 20. Partial Payments .....................................................................................................37 Article 21. Final Payment..........................................................................................................40 Article 22. Contractor, Subcontractor and Supplier Affidavit ....................................................41 Article 23. Assignments and Subcontracts................................................................................41 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 2 Revised 06/21 Article 24. 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 Article 29. 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 Article 37. General...................................................................................................................46 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 3 Revised 06/21 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 or an adjustment in the Contract Price 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 or Contract 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. 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 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 4 Revised 06/21 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, 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 the Contractor within the time specified, the Owner will execute and deliver the Agreement to him. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 5 Revised 06/21 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 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 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 6 Revised 06/21 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. 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. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 7 Revised 06/21 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. 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. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 8 Revised 06/21 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, 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 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 9 Revised 06/21 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 Contractor must receive specific written approval from the Owner prior to proceeding with any Work under the Agreement. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 10 Revised 06/21 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. 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 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 11 Revised 06/21 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 in favor of the Owner as well as other endorsements that may be required by applicable jurisdictions. 5.1.2 Automobile Liability Insurance DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 12 Revised 06/21 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. f) Personal Injury g) Cross Liability/Severability of Interest clause. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 13 Revised 06/21 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. 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 or Subcontractor(s) in the performance of the Work including all of Owner’s property in Contractor’s care, custody, DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 14 Revised 06/21 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 or its insurance company, the Contractor shall immediately report this fact to the Owner. Should 30 days elapse after the claim or alleged claim has been received by the Contractor, and the Contractor is not able to report a settlement or rejection of the claim, it shall report to the Owner the steps being taken with respect to the claim. Without limiting the foregoing, the Contractor shall notify in writing the county risk manager of any paid or incurred claims which may impair annual aggregate or general liability. 5.1.9 Deductibles and Self-insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the Owner. At the option of the Owner, either: a) the insurer shall reduce to a maximum of $250,000 or eliminate such deductibles or self-insured retentions with respect to the Owner, or (b) the Contractor shall provide evidence of collateral provided to insurers or procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses within the deductible or self-insured retention amount. Any self-insured retention or deductible amount on the policy shall not reduce the amount of collectible limits or liability. 5.1.10 Subcontractors The Contractor shall include all Subcontractors as Insureds under its policies, or shall furnish separate certificates, policies, and endorsements for each Subcontractor the Contractor intends to use. If a Subcontractor does not take out insurance in his own name and the Contractor wishes to provide insurance protection for such Subcontractor and such Subcontractor's employees, the Contractor shall either (a) procure appropriate policies in the name of the Subcontractor, or (b) cause a rider or riders to be attached to the Contractor's policies which shall identify the Subcontractor thereby covered; provided, however, in the case of the latter option, such a rider need not be attached to the Contractor's workers' compensation policy if such policy by its terms is sufficiently broad to cover the employees of all Subcontractors performing Work under the Contract Documents. Except as otherwise approved by the Owner in writing, Limits of Liability and coverage scope must be at a minimum as stringent as required of the Contractor by the Contract Documents. All Work performed for the Contractor by any Subcontractor shall be pursuant to an appropriate agreement between the Contractor and the 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 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 15 Revised 06/21 provided herein. Insurance monies received from any loss shall be divided as the respective interest of the parties affected shall appear. 5.2 OWNER CONTROLLED PROJECT SPECIFIC INSURANCE In the event the Owner elects to purchase project-specific insurance affording coverage to the Contractor and Subcontractors, the terms and conditions of such coverage shall be set forth in the Supplementary Conditions. 5.3 CONTRACTOR AS JOINT VENTURE If the Contractor is completing this Project on a joint venture basis, both joint venture partners retain all liabilities assumed by this Agreement, individually and collectively. This may include, but is not limited to, all premiums due, deductibles/self-insured retentions, coinsurance provisions, claim provisions, insurance policy conditions, and indemnification provisions hereunder. Evidence of a Blanket Joint Venture Endorsement must be obtained from the General Liability and Contractor's Pollution Legal Liability carriers of each joint venture partner for a period of 6 years after completion of the Project, substantially as follows: With respect to "your work", and the "products-completed operations hazard", you are an insured for your liability arising out of the conduct of any partnership or joint venture of which you were a partner or member, even though this partnership or joint venture is not shown as a Named Insured in the Declarations. This coverage is excess over any available liability purchased specifically to insure the partnership or joint venture. This coverage will not inure to the benefit of any other party except you." 5.4 INDEMNIFICATION The Contractor, to the fullest extent not expressly prohibited by law, shall defend, indemnify, and save harmless the Owner, the Designer, the Construction Manager and their respective officials, officers, employees, and agents from and against any and all liabilities (foreseeable or unforeseeable), penalties, fines, liens, forfeitures, demands, claims, causes of actions, suits, judgments, and costs and expenses incidental thereto, (including, without limitation, amounts paid pursuant to investigations, defense or settlements, and reasonable attorneys' fees), which any or all of them may hereafter suffer, incur, be responsible for, or pay out as a result of but not limited to: a) bodily injury (including sickness, disease, or death) to any person including but not limited to, the Contractor's employees or its representatives while on the site of the Project; or b) actual or alleged damage (including loss of use) to any property (public or private, including the Project or other property on the Project site); or c) contamination of or adverse effects on the environment arising directly or indirectly out of or in connection with the performance of the Work, including but not limited to any hazardous or toxic waste, substance, or constituent of any substance subject to regulation under CERCLA, RCRA, TSCA, and other Federal and state authorities that is spilled, released, threatening to release, or disposed of or destroyed by the Contractor or its Subcontractors on or off the site of the Project or while in transport to or from the site; or DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 16 Revised 06/21 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 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 or additional Work and changes. It is agreed that the Contractor shall have no liability under this Agreement for any environmental hazards existing prior to the date that Work commences under this Agreement unless the Contractor or its Subcontractors, agents or employees, acting alone or in concert with others, by their own negligence or misconduct, release or expose the Owner or third parties to the environmental hazards. The provisions of this paragraph shall survive the termination or cancellation or completion of this Agreement. 5.5 RISK MANAGEMENT POLICY DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 17 Revised 06/21 The Orange County Risk Management Policy shall not apply to construction contracts for amounts over $250,000. The terms of these General Conditions related to insurance shall be the sole authority governing insurance requirements for such contracts. ARTICLE 6. OTHER RECORD DOCUMENTS AND SUBMITTALS 6.1 The Designer shall furnish to the Contractor the number of copies of Drawings and Specifications stated in the Contract Documents. Additional copies of Drawings and Specifications may be obtained at the cost of reproduction and handling. 6.2 The Contractor shall submit to the Designer all Submittals required by the Contract Documents. The Contractor shall submit at least three (3) reproducible prints of all shop drawings. The Contractor shall submit samples in quantities required by the Contract Documents. The Contractor shall submit product data in at least five (5) copies. All shop drawings shall be reviewed by the Contractor and shall bear the Contractor's stamp of approval before being forwarded to the Designer. Submittals shall be submitted in such time as to cause no delay to the Work or any part thereof and in accordance with the Contract Construction Schedule and Submittal Register. The Designer shall review the submittal with reasonable promptness, noting desired corrections, if any. The Designer shall retain two (2) copies of the submittal and shall return the balance of the reviewed submittal to the Contractor for action. The Contractor shall furnish any corrected submittal to the Designer. The Designer shall retain two (2) copies of the corrected submittal and will return the balance of the reviewed submittal to the Contractor. All substitutions prior to the receipt of bids shall be in accordance with the Contract Documents. Refer to Instructions to Bidders, Substitutions. The Contractor acknowledges that the processing of shop drawings and other submittals is directly impacted by the clarity, completeness, and accuracy of said documents and that it is the Contractor’s responsibility to (i) review and coordinate each submittal with all other related or affected Work and (ii) approve each submittal before submitting same to the Designer for approval. 6.3 No substitutions and no deviations from any requirement of the Contract Documents shall be deemed allowed unless the Contractor has specifically informed the Designer and the Owner in writing of such deviations at the time of submittal and the Designer and the Owner have given written and specific approval to the substitutions or deviations. In proposing a deviation or substitution the Contractor warrants to the Owner, notwithstanding any review, allowance or approval by the Designer or the Owner that the deviation or substitution is at least equal to or better in quality and for the purpose intended, and that Contractor shall not by reason of any such review, allowance or approval be relieved from any obligation or responsibility contained in the Contract Documents. 6.4 Review of submittal by the Designer shall not be construed as relieving the Contractor from responsibility for compliance with terms or designs of the Contract Documents nor from responsibility for errors of any sort in the submittal. 6.5 The Contractor shall keep one record copy marked "As-Built" of all Specifications, Drawings, Addenda, Modifications, and Submittals at the Project in good order and annotated at least monthly to show all changes made during the construction process. Such monthly annotations DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 18 Revised 06/21 and their approval by the Designer shall be a condition precedent to approval by the Designer of each monthly Request for Payment. Said record copy shall be stored at the Project and fully protected from damage by fire or other hazard. This record copy shall be available to the Designer and Owner for inspection at all times and shall be delivered to the Designer for the Owner's purposes prior to the Designer's certifying Substantial Completion of the Work. 6.6 At completion of the Project and before Final Payment, the Contractor shall assemble and deliver to the Owner one complete set of all as-built drawings and one complete set of all approved submittals, product data, and samples which were reviewed by the Designer. These drawings and submittals shall be on paper, or in electronic or other media if required by the Supplementary Conditions. These drawings and submittals shall be categorized and packaged as directed by the Designer. ARTICLE 7. CONTRACTOR 7.1 The Contractor shall supervise and direct the Work efficiently and with the Contractor’s best skill and attention. Except as may be set forth specifically in the Contract Documents, the Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction, and for safety precautions and programs in connection with the Work. The Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. 7.2 The Contractor shall appoint a Project Manager and shall keep on the Project at all times during its progress a competent Resident Superintendent and necessary assistants who shall not be replaced without prior written approval by the Owner except under extraordinary circumstances, in which event immediate written notice shall be given to the Designer and the Owner. The Project Manager and the Resident Superintendent may be the same person or different persons. At any time, the Owner, in its sole and absolute discretion, may require the Contractor to replace the Project Manager or Resident Superintendent with an experienced and competent person or persons upon seven (7) days written notice from the Owner to the Contractor. Such replacement shall be at the Contractor's expense and at no cost to the Owner. Both the Project Manager and the Resident Superintendent shall have authority to act on behalf of the Contractor, and instructions, directions or notices given to either of them shall be as binding as if given to the Contractor. 7.3 The Contractor shall provide sufficient competent and suitably qualified personnel, equipment, and supplies to lay out the Work and perform construction as required by the Contract Documents. The Contractor will at all times maintain good discipline and order at the site, and will comply with all applicable OSHA standards. Any person employed by the Contractor, any Subcontractor, or any sub-subcontractor who, in the opinion of the Designer or the Owner, does not perform his Work in a proper and skillful manner or is intemperate or disorderly shall, at the written request of the Owner or Designer, be removed forthwith by the Contractor, Subcontractor, or sub-subcontractor employing such person without cost to the Owner, and shall not be employed again in any portion of the Work without the written approval of the Owner or Designer. Should the Contractor fail to remove such person or persons or fail to furnish suitable and sufficient personnel for the proper prosecution of the Work within three (3) days after written DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 19 Revised 06/21 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 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. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 20 Revised 06/21 7.6 All materials and equipment shall be new, except as otherwise provided in the Contract Documents. When special makes or grades of material which are normally packaged by the supplier or manufacturer are specified or approved, such materials shall be delivered to the Project site in their original packages or containers with seals unbroken and labels intact. Materials shall be so stored as to assure the preservation of their quantity, quality and fitness for the Work. Stored materials, even though approved before storage, may again be inspected by the Designer or Owner prior to their use in the Work and shall meet the requirements of the Contract Documents at the time they are incorporated into the Work. Stored materials shall be located so as to facilitate their prompt inspection. The Contractor shall coordinate the storage of all materials with the Designer and the Owner. Materials to be stored at the Project or on the Owner's property shall not create an obstruction to the Owner's or other contractor's reasonable activities. Private property shall not be used for storage purposes without written permission of the owner or lessee of such property. The Contractor shall make all arrangements and bear all expenses for the storage of materials on private property. Upon request, the Contractor shall furnish the Owner a copy of the property owner's permission. All storage sites on private or the Owner's property shall be restored to their original condition by the Contractor at his entire expense, except as otherwise agreed to (in writing) by the owner or lessee of the property. 7.7 All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, or processor, except as otherwise provided in the Contract Documents. 7.8 The Contractor will be fully responsible for all acts and omissions of his Subcontractors and of persons directly or indirectly employed by them and of persons for whose acts any of them may be liable to the same extent that the Contractor is responsible for the acts and omissions of the Contractor’s own employees. Nothing in the Contract Documents shall create any contractual relationship between any Subcontractor or supplier and the Owner or the Designer, or any obligation on the part of the Owner or the Designer to pay or see to the payment of any money due any such Subcontractor or material furnisher except as may otherwise be required by law. The Owner or the Designer may furnish to any Subcontractor or supplier, to the extent practicable, evidence of amounts paid to the Contractor on account of specific Work done. 7.9 The divisions and sections of the Specifications and the identifications of any Drawings shall not control the Contractor in dividing the Work among Subcontractors. 7.10 The Contractor agrees to bind specifically every Subcontractor to the terms and conditions of the Contract Documents for the benefit of the Owner and to furnish written evidence thereof to the Designer and the Owner within seven (7) days after written request by the Owner. 7.11 The Contractor shall attend job progress conferences and all other meetings or conferences as directed by the Designer. The Contractor shall be represented at these job progress conferences by a representative having the authority of the Project Manager and by such other representatives as the Designer may direct. Job progress conferences shall be open to Subcontractors, suppliers and any others who may contribute beneficially toward maintaining required job progress, and such personnel shall be encouraged by the Contractor to attend. It shall be the principal purpose of job progress conferences to effect coordination, cooperation and assistance in every practical way toward the end of maintaining progress of the Project on DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 21 Revised 06/21 schedule and to complete the Work and the Project by the specified Completion Dates. The Contractor shall be prepared to assess progress of the Work as required in the Contract Documents and to recommend remedial measures for correction of progress as may be appropriate. The Designer shall preside as chairman and arrange for minutes to be taken and circulated. In the event that the prosecution of the Work is discontinued for any reason, the Contractor shall notify the Designer and the Owner at least forty-eight (48) hours in advance of resuming operations. Should the terms of the Contract Documents require completion of one or more portions of the Work for the Beneficial Occupancy of the Owner prior to completion of the entire Work, the Contractor shall complete such portion(s) of the Work on or before the date specified. Such completion shall include the obtaining of all government or other permits, permissions, and approvals necessary to occupancy. The Contractor shall independently estimate the difficulties involved in arranging the Work to permit such Beneficial Occupancy and shall not claim any additional compensation or time extension by reason of any delay or increased cost due to completing such portion(s) of the Work. The Owner's possession and use of such portion(s) of the Work shall not be deemed an acceptance of any Work not completed in accordance with the Contract Documents. The Owner shall be responsible for the security, maintenance, utilities, and insurance of all portions of the Work completed and beneficially occupied by the Owner. 7.12 The Contractor shall pay all license fees and royalties, and assume all costs incident to the use of any invention, design process, or device which is the subject of patent rights or copyrights held by others, except for inventions, design processes, or devices specified by the Designer in the Contract Documents. The Contractor shall indemnify and hold harmless the Owner, the Designer, and anyone directly employed by either of them, from and against all claims, damages, losses and expenses, including attorney's fees and costs of defense, arising out of any infringement or alleged infringement of such rights during or after completion of the Work, and shall defend all such claims in connection with any actual or alleged infringement of such rights. 7.13 The Contractor shall secure and pay for all permits, including without limitation construction permits and licenses, and will pay all governmental charges and inspection fees necessary for the prosecution of the Work. 7.14 The Contractor shall give all notices and comply with all laws, ordinances, rules, and regulations applicable to the Work and shall protect and indemnify the Owner and the Owner’s officers, agents, or servants against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by the Contractor or by the Contractor’s employees, Subcontractors, sub-subcontractors, or their employees. 7.15 The Contractor shall be responsible for the entire site of the Project (except those under the Beneficial Occupancy of the Owner) and for its reasonable and necessary protection and security, as required by laws or ordinances governing such conditions, or by custom or sound construction practices, and shall share such responsibilities as may be agreed upon among them, or in the absence of such agreement, as may be directed by the Contract Documents, Owner, or Designer. The Contractor shall be responsible for any damage to the Owner's property, or that of others, by the Contractor or the Contractor’s employees, Subcontractors, DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 22 Revised 06/21 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 protect all portions of the Work and provide all materials necessary to protect the Work whether performed by the Contractor or any of the Subcontractors or sub-subcontractors. Any Work damaged through the lack of proper protection, or from any other cause, shall be repaired or replaced without extra cost to the Owner or extension to the Contract Time. The Contractor shall maintain the Work during construction and until the Work is accepted. This maintenance shall constitute continuous and effective effort prosecuted day by day, with adequate equipment and forces so that the Work is maintained in satisfactory condition at all times. All costs of maintenance shall be included in the Contract Price and the Contractor will not be paid an additional amount for such effort. Should the Owner or Designer observe that the Contractor at any time has failed to maintain the Work as provided herein, the Designer may immediately notify the Contractor of such noncompliance. Such notification shall specify a reasonable time within which the Contractor shall be required to remedy such unsatisfactory maintenance condition. Should the Contractor fail to properly respond to the Designer's notification, the Owner may, at the Contractor's expense, take such action as it may deem appropriate to remedy the defective maintenance, including suspension of the Contractor's Work or any part thereof. Any such expense incurred by the Owner shall be deducted from monies due or to become due the Contractor. Parking lots, streets, and walks connecting to the Project area shall be protected by the Contractor from deposits of mud, sand, stone, litter, or debris in any form. Pedestrian traffic areas around the construction limits must be maintained in a clean and safe condition at all times with required barricades and covered walkways. When excavation or other operations outside the Project limits is required, the Contractor shall, immediately following that work, return the area to its original condition. All catch basins and storm drain lines in the vicinity of the Project site shall be protected at all times from entry of dirt, rubble and other debris. The residue from the cleaning of trucks, wheelbarrows, concrete buggies, etc. must be prevented from entering the drainage system, and if cleaning is done, the residue must be contained and removed from the Project site with other refuse. 7.18 No burning of refuse or debris shall be allowed inside or around the Project during the course of construction without written authority from authorities having jurisdiction and the Owner. 7.19 The Contractor shall provide for and maintain necessary safety measures and safety programs for the protection of all persons involved with the Work. Such measures and programs shall include the requirements of the most current edition of the CAGC Safety and Health Manual [or the AGC Accident Prevention Manual in Construction], or equivalent requirements, and shall fully comply with all Federal, State, and local laws, rules, regulations, and building DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 23 Revised 06/21 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 or 15. 7.22 The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by the Work. At least weekly and at the completion of the Work, the Contractor shall remove all waste materials and rubbish from and about the Project. At the completion of the Work, the Contractor shall remove all tools, construction equipment, machinery, and surplus materials. The Contractor shall leave the Work in condition for occupancy by the Owner such that no cleaning or other operations are required. Material cleared from the Project and deposited on adjacent property shall not be considered as having been disposed of satisfactorily. If the Contractor fails to keep the Project clean of waste materials or rubbish, fails to satisfactorily clean-up weekly or at the completion of the Work, the Owner may do so and the costs thereof may be deducted from any amounts due the Contractor. 7.23 Utilities, temporary facilities, and signs shall be provided as described in the Contract Documents. Absent a contrary direction in the Supplementary Conditions, the Contractor shall pay all bills for water, electricity, or other public utility service to the Project site. 7.24 The Contractor shall indemnify and hold the Owner, the Designer, the Designer's consultants, and their officers, agents, and employees harmless against all costs, damages, and expenses, including attorney's fees and costs of defense, arising out of claims by any separate contractor or by any Subcontractor, sub-subcontractor, or supplier engaged by or employed by the Contractor or employed by any of the Subcontractors claiming through him, including without limitation damages, losses, and expenses arising out of or relating to any inconvenience, delay, interference, or other action or non-action of the Contractor or the Contractor’s Subcontractors on the Project. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 24 Revised 06/21 The Contractor acknowledges that should the Contractor or any of the Contractor’s Subcontractors be damaged by any breach of contract by any other separate prime contractor on the Project, the Contractor may invoke applicable dispute resolution procedures with said other separate prime contractor or bring a direct civil action against said other separate prime contractor. The Contractor hereby expressly agrees that neither the Owner nor its officers, agents, or employees shall have any liability of any kind or nature whatsoever to the Contractor, its Subcontractors, sub-subcontractors, or suppliers arising out of or relating to any breach, inconvenience, delay, interference, or other action or non-action by any other separate prime contractor. The Contractor covenants not to sue the Owner for any loss or damage caused by any breach, inconvenience, delay, interference, or other action or non-action by any other separate prime contractor, notwithstanding whatever rights at law the Contractor might have to bring a civil action against the Owner for any breach, inconvenience, delay, interference, or other action or non-action of any other separate prime contractor. The Contractor agrees to look exclusively to the other prime contractor for relief or remedy. Nothing contained herein or appearing anywhere in the Contract Documents shall obligate or require the Owner to exercise any right or privilege, or to take any action or to refrain from taking any action under any contract it may have with any other prime contractor or party to the Project for the benefit of the Contractor or any Subcontractor, subSubcontractor, or supplier claiming through the Contractor. 7.25 Prior to completion of the Work and Final Payment of the Contract Price, excepting only those portions of the Work deemed accepted in accordance with the Contract Documents, the Contractor shall have charge and care of the Work, and shall take every precaution against injury or damage to any part due to the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the Work. The Contractor shall as required by the Owner replace, rebuild, repair, restore, and make good all injury or damage to any portion of the Work occasioned by any of the above causes before Final Completion and shall bear the expenses thereof. 7.26 In the event that the Work, or any portion thereof, is suspended at any time pursuant to an order of the Owner, the Contractor shall obey all instructions of the Owner regarding storage of materials, drainage, protection of the Work, and erection of temporary structures during the suspension period. 7.27 The Project Expediter for the Project shall be responsible for the coordination of the Work of itself and any other separate contractors, both as to space and time. The Project Expediter shall coordinate the implementation of the Contract Construction Schedule, all construction activities and close-out of the Project, including but not limited to all testing, inspection, certifications, and approvals required by public agencies. The Contractor and the Project Expediter shall each be required to notify the Designer and the Owner promptly of any event or condition which could affect the conduct or progress of the Work and shall cooperate fully with all other contractors on the Project site. 7.28 The Owner hereby delegates to the Project Expediter all of its duties to coordinate and to expedite the Work not expressly reserved to the Owner by other provisions of the Contract Documents. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 25 Revised 06/21 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: 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. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 26 Revised 06/21 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 or expediting the Work with other projects being constructed by the Owner or others adjacent or near the Work, or for such other purposes as the Owner may deem appropriate. From time to time the Owner may identify such Construction Managers(s) to the Contractor in writing identifying any tasks assigned to such Construction Managers(s). ARTICLE 10. DESIGNER 10.1 The Designer is charged with the responsibility of interpretation of the Contract Documents. The Designer’s decisions relating to aesthetic matters shall be final. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 27 Revised 06/21 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 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 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 28 Revised 06/21 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 or an extension of Contract Time, the Contractor may make a claim therefore as provided in Article 14 or Article 15. No Work shall be done prior to the date specified in the Notice to Proceed. A final Contract Construction Schedule shall be submitted for approval by the Contractor, Designer, and Owner no later than fourteen (14) days after Notice to Proceed. No payments shall be due the Contractor until this schedule is approved by all parties. 13.4 The Contract Construction Schedule is a Contract Document. The Contractor represents that the Contract Construction Schedule has been reviewed in detail, that the Contractor participated in its preparation, that all of the activities which impact, limit, or otherwise affect the time of completion of the Work are shown in the Contract Construction Schedule and that all of the activities of others which impact, limit, or otherwise affect the start, duration, or completion of DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 29 Revised 06/21 the Contractor’s activities are also shown. The Contractor further represents that the Contractor can and will complete each activity within the time shown for that activity. Time is of the essence with respect to each such activity and Completion Date. 13.5 If the Contractor submits a construction schedule, progress report, or any other document that indicates or otherwise expresses an intention to achieve completion of the Work prior to any Completion Date required by the Contract Documents or prior to expiration of the Contract Time, no liability of the Owner to the Contractor for any failure of the Contractor to so complete the Work shall be created or implied. 13.6 If the Contractor, for reasons beyond the Contractor’s control, is delayed in beginning any activity, the Contractor shall, nevertheless, have the same number of days as is shown in the Contract Construction Schedule for the activity, and the affected activity and any succeeding activity that is dependent upon that activity shall be adjusted accordingly; provided that at any time the Owner, by means of a Change Order, may require the Contractor to work overtime, to increase labor forces or to take any necessary or appropriate action to decrease the time required for any activity, and the Contractor shall be entitled to an adjustment in the Contract Price computed in accordance with Article 15 of these General Conditions. 13.7 At any time, the Owner may order the Contractor, on seven (7) days written notice, to begin any activity earlier than the starting date shown on the Contract Construction Schedule. 13.8 Should the Contractor fail to start any activity on the start date shown in the Contract Construction Schedule or as it may have been adjusted in accordance with paragraphs 13.5 or 13.6 above, or become delayed, the Contractor shall, without being entitled to any increase in the Contract Price or other compensation, work overtime, increase labor forces or take such other action as may be necessary or appropriate to complete the activity by the Completion Date shown on the Contract Construction Schedule, or as such Completion Date may have been adjusted. 13.9 The Designer and Owner or his Construction Consultant shall monitor progress of the work at all times and the Contractor shall cooperate with such monitoring and provide any and all information with respect to the progress of the Work and scheduling as the Owner may reasonably require. 13.10 On a monthly basis, the Contractor shall revise the Contract Construction Schedule, showing any adjustments made in accordance with paragraphs 13.5 or 13.6, above, by any Change Order, the progress of the Work, and any days gained or days lost with respect to any activity, and shall furnish copies thereof to the Owner and Designer. 13.11 Should any monthly revision of any Contract Construction Schedule show that the Contractor is behind on any activity, the late completion of which could delay Substantial Completion of the Work, the Owner shall be entitled to withhold from the next Progress Payment due the Contractor an amount not exceeding the amount the Owner would be entitled to in Liquidated Damages, should Substantial Completion be delayed by the same number of days that the Contractor is currently behind schedule. If, subsequently, the Contractor's progress, as shown by any succeeding monthly revision to the Contract Construction Schedule, is such that the anticipated delay no longer exists, the Owner shall pay with the Progress Payment next due to the Contractor such amounts as have been withheld in accordance with this paragraph. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 30 Revised 06/21 13.12 The Owner shall have the right to perform Work, hire and employ labor and craftsmen, rent equipment, subcontract with other parties, or do anything that the Owner deems necessary or appropriate to remedy or cure any delay by the Contractor in the progress of the Work. Such action by the Owner shall not, in any way, affect, void or limit any warranty, guaranty or other responsibility of the Contractor under the Contract Documents. Such action may be taken by the Owner only after three (3) days written notice to the Contractor. All costs incurred by the Owner in taking any such action shall be charged to the Contractor and deducted from any amounts remaining due under the Agreement. 13.13 The Contractor may be entitled to an extension of the Contract Time (but no increase in the Contract Sum) for delays arising from unforeseen causes beyond the control and without the fault or negligence of the Owner, the Contractor or the Contractor’s Subcontractors as follows: a) Labor disputes and strikes that directly impact the critical path activities of the Contract Construction Schedule; b) Acts of God, tornado, fire, hurricane, blizzard, earthquake, typhoon, or flood that damage completed Work or stored materials. c) Acts of the public enemy; acts of the State, Federal, or local government in their sovereign capacities. d) Abnormal inclement weather as defined in Article 13.14. 13.14 On any day that the Contractor considers that the Project is delayed by adverse weather conditions, the Contractor shall identify in writing to the Designer and the Owner the adverse weather conditions affecting each activity, the specific nature of the activity affected, the number of hours lost, and the number of and identity (by responsibility or trade) of workers affected and shall obtain from the Designer written recognition of the delay. The time for performance of this Contract includes an allowance for a number of calendar days which may not be suitable for construction Work by reason of adverse weather. The Contract Time will be extended only if the number of calendar days of adverse weather recognized by the Designer exceeds the number of inclement weather days set forth below, and the Contractor demonstrates how this adverse weather impacts activities on the critical path of the Contract Construction Schedule. Month Number of Inclement Weather Days January 10 February 10 March 10 April 9 May 10 June 9 July 11 August 10 September 8 October 7 November 8 December 9 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 31 Revised 06/21 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 or an extension or shortening of the Contract Time, adjustments shall be made as provided in Article 14 or Article 15. In order to expedite the Work and avoid or minimize delay in the Work that might affect the Contract Price or Contract Time, the Designer may issue a Change Order in the form of a Construction Change Directive which when signed by the Owner and Designer, directs the Contractor to proceed promptly with the Work involved. Any claim for an adjustment in Contract Price or Time, if not defined in the Construction Change DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 32 Revised 06/21 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 or an extension of Contract Time, he may make a claim therefore as provided in Article 14 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 or extensions of the Contract Time for additional Work performed by the Contractor shall only be in accordance with a written Change Order signed by the Owner and Designer. The Contractor shall not be entitled to additional time or to additional compensation for any Work performed or material supplied which is claimed to have been authorized or settled by an "oral" change, or by a "constructive" or "implied" change, or by a course of conduct, or by any action or non-action by the Owner, Designer, or any other persons, or by any means whatsoever other than by a written Change Order for such Work or material signed by the Owner and the Designer. 14.5 Changes in the Work resulting from emergency shall not invalidate the Contract Documents nor release the surety. 14.6 Neither the Owner nor the Designer shall be responsible for verbal instructions which have not been confirmed in writing, and in no case shall such instructions be interpreted as permitting a departure from the Contract Documents unless such instruction is confirmed in writing and supported by a proper Change Order, Construction Change Directive or Field Order, whether or not the cost is affected. 14.7 The Owner, in its sole discretion, may require that the Contractor notify the Contractor’s sureties of any changes affecting the general scope of the Work or change in the Contract Price, and that the amount of applicable bonds shall be adjusted accordingly. If this requirement is exercised, the Contractor shall furnish proof of such adjustment to the Designer and the Owner. If this requirement is exercised, the Change Orders shall require written consent of the Contractor's surety. At the time of signing a Change Order, the Contractor shall be required to certify as follows: "I certify that all sureties have been notified that my contract has been altered by the amount of this Change Order, and that a copy of the approved Change Order will be mailed to all sureties upon its receipt by me." If this requirement is exercised, no payment to the Contractor on account of any Change Order shall become due or payable until written evidence of the surety's consent to the Change Order has been furnished to the Designer and to the Owner, and the furnishing of such written consent is a condition precedent to such payment. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 33 Revised 06/21 14.8 The Contractor shall support all requests for Change Orders with a detailed cost breakdown showing cost of materials, labor, equipment, transportation, other items, Contractor's overhead and profit, and total cost, in accordance with methods defined in this Article, and, if the request seeks an extension of the Contract Time, with a time-related diagram which demonstrates specifically why an increase in construction time is needed. 14.9 When a request for a Change Order involves a Subcontractor, the Contractor shall provide quotation from same on Subcontractor's letterhead. The Subcontractor's quote shall list materials, equipment, and labor separately, and show overhead and profit in the manner provided in paragraph 14.8. ARTICLE 15. CHANGE OF THE CONTRACT PRICE 15.1 The Contract Price constitutes the total compensation payable to the Contractor for performing all Work under the Contract Documents. All duties, responsibilities, and obligations assigned to or undertaken by the Contractor shall be at his expense without change in the Contract Price. The Contract Price may only be changed by a Change Order. 15.2 Any claim for an adjustment in the Contract Price shall be in writing and written notice of any event, action, or non-action which may become the basis of a claim shall be delivered to the Owner and the Designer within three (3) days of the occurrence of any such event, action or non-action giving rise to the claim. Such written notice is a condition precedent to the making of a claim, and such notice shall describe the basis of the potential claim with reasonable detail and clarity. A claim shall be made in writing and shall be delivered to the Designer and the Owner no later than fourteen (14) days after such notice. The claim shall describe in detail the basis for the claim, with specific reference to any provisions of the Contract Documents, by paragraph, drawing number, or other specific identification, and shall state the amount claimed and how it is calculated. If the Contractor, at the time the claim is made, is unable to state the amount claimed with accuracy, the Contractor shall so state and provide the estimated amount and the basis on which the amount is to be calculated. At the earliest date practicable, but in no event more than thirty (30) days after Contractor's notice of claim, the Contractor shall supplement the claim with an accurate statement of the amount claimed and how it has been calculated. The Contractor shall provide, in writing, in support of the claim all such explanations, arguments, data, receipts, expert opinions, or other documents or information as the Contractor deems appropriate to be considered in support of the claim. A claim may properly be rejected by the Owner by reason of the Contractor's failure to submit adequate or accurate documentation or information, except that within seven (7) days after being given notice that the claim has been rejected on this basis, the Contractor may submit additional documentation or information. No claim for a change of the Contract Price shall be considered or granted (except solely at the discretion of the Owner) unless a claim is so made, nor shall the Contractor be entitled to any increase in the Contract Price unless the Contractor has given notice and made such a written claim within the times required. The Owner shall decide, after obtaining the advice of the Designer, whether an increase in Contract Price is warranted, and the amount of such increase shall be determined as provided in paragraph 15.4 through 15.5, below. Any change in the Contract Price resulting from any such claim shall be incorporated in a Change Order. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 34 Revised 06/21 The Owner shall advise the Contractor of its decision with respect to the claim within fourteen (14) days of its receipt, or of the receipt of additional documentation or information if the absence of such has previously been the basis of rejection of the claim; provided, however, that if, in its sole discretion, the Owner deems that review or consideration of any part of the claim or any matter related thereto by its governing Board is necessary or appropriate, it shall so advise the Contractor and shall provide its decision to the Contractor within seven (7) days after such Board consideration, review or action. Any claim on which the Owner has not provided its decision to the Contractor within the applicable time period shall be deemed denied. If the Contractor is not satisfied with the decision of the Owner, the Contractor may within seven (7) days of receipt of the Owner's decision initiate the mediation process as described in Appendix A to the General Conditions of the Contract for Construction. 15.3 In determining the amount of a Contract Price adjustment, the parties shall apply the following methods, as appropriate: (A) Change in Work: The Owner and Contractor shall negotiate in good faith and attempt to agree upon the value of any change (extra or decrease) in Work prior to the issuance of a Change Order covering said Work. Such Change Order shall set forth the corresponding adjustment to the Contract Price. In the event the Owner and the Contractor are unable to agree, the Owner shall grant an equitable adjustment in the Contract Price. (B) Emergency Work: In the event of emergency endangering life or property, the Contractor may be directed by the Designer to proceed on a time and material basis, whereupon the Contractor shall so proceed and keep accurately, in such form as may be required by the Designer, a correct account of costs together with all proper invoices, payrolls, and supporting data therefore. 15.4 Where the Contract Price is to be adjusted, the following limitations shall apply in determining the amount of adjustment: (A) In the case of extra or emergency work, the Contract Price shall not be increased by more than the reasonable, actual, and documented net cost of the extra or emergency work plus ten percent (10%) of such net cost on Work performed by the Contractor and five percent (5%) thereof on any subcontracted Work for overhead and profit combined. (B) In the case of a decrease in Work, the Contract Price shall not be decreased by less than the net cost of the deleted Work plus five percent (5%) of such direct net cost for profit and overhead. The term 'net cost' as used herein shall include, as applicable, and shall be limited to, all direct labor, direct material, direct equipment, labor burden, sales taxes, shipping and handling charges, permits and fees, and insurance and bond premium adjustments, if any, attributable to the change. All other items of cost shall be considered as overhead and covered by the percentages allowed in sections A and B of this paragraph. The Contractor shall provide worksheets or tabulations describing the method by which the direct net cost was calculated, and shall provide all data needed to support the calculation of the direct net cost, all in a form acceptable to the Owner. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 35 Revised 06/21 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 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 or additional Work and changes. However, neither the Owner nor the Designer shall be liable or responsible for additional work, costs, or changes to the Work that could have been reasonably determined from any reports, surveys, and analyses made available for the Contractor's review or that could have been discovered by the Contractor through the performance of its obligations pursuant to the Contract Documents. ARTICLE 17. CORRECTION OF WORK BEFORE FINAL PAYMENT 17.1 The Owner has the authority to stop or suspend work, and the Designer has the authority to order Work removed or to order corrections of defective Work or Work not in compliance with the Contract Documents where such action may be necessary to ensure successful completion of the Work. Any work, materials, fabricated items, or other parts of the Work which have been found by the Designer to be defective or not in accordance with the Contract Documents shall be condemned and shall be removed from the Project by the Contractor, and immediately replaced by new Work in accordance with the Contract Documents at no additional cost to the Owner. Work or property of the Owner or others damaged or destroyed by virtue of such condemned Work shall be made good at the expense of the Contractor. Correction of condemned Work described above shall be commenced by the Contractor within twenty-four (24) hours after notice from the Designer or the Owner and shall be pursued to completion. Should the Contractor fail to proceed reasonably with the abovementioned corrections, the Owner may, three (3) days after the notice specified in the preceding sentence, proceed with correction, paying the cost, including costs of uncovering such condemned Work, of such corrections from amounts due or to become due to the Contractor. Condemned Work removed shall be the property of the Contractor and shall be removed from the Project by him within ten (10) days after notice to remove it, and if not then removed, thereafter may be disposed of by the Owner without compensation to the Contractor and the cost of such disposal shall be deducted from amounts due or to become due to the Contractor. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 36 Revised 06/21 Should the cost of correction of the Work and, if applicable, disposal of the condemned Work by the Owner exceed amounts due or to become due the Contractor, then the Contractor and the Contractor’s sureties shall be liable for and shall pay to the Owner the amount of such excess. ARTICLE 18. CORRECTION OF WORK AFTER SUBSTANTIAL COMPLETION; WARRANTIES AND GUARANTIES 18.1 Neither the final certificate, Final Payment, occupation of the premises by the Owner, nor any provision of the Contract Documents, nor any other act or instrument of the Owner or the Designer shall relieve the Contractor from responsibility for negligence, defective material or workmanship, or failure to comply with the Contract Documents. 18.2 The Contractor shall, at the Contractor’s sole cost and expense, make all necessary repairs, replacements, and corrections of any nature or description, interior or exterior, structural or non-structural, that shall become necessary by reason of defective workmanship or materials which appear within a period of one (1) year from the date of Substantial Completion; provided, however that notwithstanding the preceding, if any longer guarantee period is specified for any particular materials or workmanship under the Contract Documents, or under any subcontract, or in connection with any manufactured unit which is installed in the Project, or under the laws of the State of North Carolina, the longer guarantee period shall govern. 18.3 If, within any guarantee period, repairs or changes are required in connection with the Work, which are rendered necessary as the result of the use of materials, equipment, or workmanship which are inferior, defective, or not in accordance with the terms of the Contract Documents, the Contractor shall, promptly upon receipt of notice from the Designer and without expense to the Owner: a) Completely repair or replace the Work so that it conforms to the Contract Documents; b) Correct all defects therein; c) Make good all damage which, in the opinion of the Designer, is the result of the use of materials, equipment, or workmanship which are inferior, defective, or not in accordance with the terms of the Contract Documents; and d) Make good any Work or material, or any equipment or contents disturbed in fulfilling any such guarantee. If, in fulfilling the requirements of the Contract Documents or of any guarantee embraced therein or required thereby, the Contractor disturbs any work, facility, premises, or construction belonging to the Owner, the Contractor shall restore such disturbed work to a condition satisfactory to the Owner, and shall guarantee such restored work to the same extent as if it were Work under the Contract Documents. If the Contractor, after notice, fails to proceed promptly to comply with the terms of the guarantee, the Owner may have the defects corrected, and the Contractor and the Contractor’s ureties shall be liable for all expenses incurred. "Promptly" is defined as within twenty-four (24) DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 37 Revised 06/21 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 or materials. If the Contractor, having been requested to do so by the Owner, fails to participate in such inspection, the Contractor shall be conclusively bound by any decision or ruling by the Designer as to any defective workmanship or material and as to the Contractor's responsibility for its repair or replacement. ARTICLE 19. OWNER'S RIGHT TO DO WORK 19.1 If, during the progress of the Work or during any period of guarantee, the Contractor fails to prosecute the Work properly or to perform any provision of the Contract Documents, the Owner, after three (3) days written notice to the Contractor from the Designer, or from the Owner after Final Payment, may perform or have performed that portion of the Work and may deduct the cost thereof from any amounts due or to become due the Contractor. Notwithstanding any action by the Owner under this paragraph, all warranties and bonds given or to be given by the Contractor shall remain in effect or shall be given by the Contractor. 19.2 Should the cost of such action by the Owner exceed the amount due or to become due the Contractor, the Contractor and his sureties shall be liable for and shall pay to the Owner the amount of such excess. ARTICLE 20. PARTIAL PAYMENTS 20.1 Within thirty (30) days after his initial receipt of the Construction Contract for signatures, the Contractor shall submit to the Designer a Schedule of Values. The Schedule of Values shall indicate the value of the Work, including applicable overhead and profit, for each Division and section of the Project Specifications. The Designer and Owner shall be provided with the Contractor's estimate papers, Subcontractor agreements, supplier quotes, or other documents substantiating these values if so requested in writing by the Designer. The Contractor shall provide the requested documentation within seven (7) days after receipt of the Designer's written request. The Schedule of Values shall be subject to approval by the Owner, and if the Owner and the Contractor cannot agree upon the Schedule of Values, the Designer shall prepare it, and the Schedule of Values as prepared by the Designer shall be binding on the Owner and the Contractor. No Request for Payment shall be certified by the Designer until the Designer has issued approval of said Schedule of Values. 20.2 Not later than the fifth (5th) day of each calendar month the Contractor shall submit to the Designer a Request for Payment for Work done during the previous calendar month. The Request for Payment shall be in form of AIA Document G702 (latest edition) and shall show substantially the value of Work done (including the value of material delivered to the Project or stored by the Contractor at another site, subject to the conditions hereinafter set forth) during DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 38 Revised 06/21 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: a) Defective Work not corrected. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 39 Revised 06/21 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. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 40 Revised 06/21 ARTICLE 21. FINAL PAYMENT 21.1 If the Work of the Contractor is limited to demolition, pilings, caissons and structural steel, the remaining unpaid balance of the Contractor’s Contract Price, less a sum equal to five-tenths percent (0.5%) of the Contract Price, shall be paid within sixty days following receipt of the following documents, all of which must be received before payment shall become due: (i) request for payment from the Contractor; (ii) receipt of consent from the Contractor’s surety to the payment; and (iii) approval or certification from the Designer that the work performed by the Contractor is acceptable and in accordance with the Contract Documents. 21.2 Except as set forth in paragraph 21.1, within forty five days after Substantial Completion of the Project, the remaining unpaid balance of the Contract Price shall be paid to the Contractor, less an amount equal to two and one-half times the value of punch list work or other work remaining to be completed or corrected, as reasonably estimated by the Owner. 21.3 Upon Substantial Completion, the Designer shall prepare and submit to the Contractor a deficiency list identifying all portions of the Work which are known by the Designer at that time to be incomplete or defective. Within thirty (30) days of receipt of this deficiency list, the Contractor shall complete and correct all items on that list along with all other Work required to achieve Final Completion of the Work. At any time prior to completion of the period of warranty, the Designer may submit to the Contractor a supplemental deficiency list, in which case the Contractor shall complete or correct any and all new items identified on the supplemental deficiency list within the time period stipulated in paragraph 18.3. 21.4 Final Payment of any remaining balance of the Contract Price shall not be due to the Contractor until the Contractor achieves Final Completion of the Project. 21.5 The making and acceptance of Final Payment shall constitute a waiver of all claims by the Owner except: a) Claims arising from unsettled liens or claims against the Contractor. b) Defective Work or materials appearing after Final Payment. c) Failure of the Contractor to perform the Work in accordance with the Contract Documents. d) As conditioned in the Performance Bond. e) Claims made prior to Final Payment which remain unsettled. f) Amounts due arising under Articles 18 and 28. g) Claims for recovery of overpayment based upon incorrect measurement, estimate, or certificate. 21.6 The making and acceptance of Final Payment shall constitute a waiver of all claims by the Contractor except those claims previously made in writing pursuant to paragraph 15.2 and not finally resolved. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 41 Revised 06/21 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 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. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 42 Revised 06/21 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 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. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 43 Revised 06/21 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. 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. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 44 Revised 06/21 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, or any other individual or entity, a third-party beneficiary of the Agreement, or to authorize anyone not a party to the Contract Documents to maintain a suit for personal injuries or property damage pursuant to the terms of provisions of the Contract Documents. ARTICLE 32. MEASUREMENT OF QUANTITIES 32.1 All Work completed under the Contract Documents shall be measured by the Contractor using United States customary units of measurement. The method of measurement and computations to be used in determination of quantities of material furnished and of Work performed under the Contract Documents shall be those methods set forth in the Contract Documents or, if not specifically set forth therein, the method generally recognized as conforming to good engineering practice. ARTICLE 33. TERMINATION BY THE OWNER FOR CAUSE 33.1 If the Contractor fails to begin or complete the Work under the Contract Documents within the time specified, or fails to perform the Work with sufficient labor and equipment or with sufficient materials to insure the prompt completion of said Work, or shall perform the Work unsuitably or shall discontinue the prosecution of the Work for three (3) days, or if the Contractor shall become insolvent, be declared bankrupt, commit any act of bankruptcy or insolvency, allow any final judgment to stand against the Contractor or its affiliated companies unsatisfied for a period of forty-eight (48) hours, make an assignment for the benefit of creditors, or for any other cause whatsoever shall not carry on the Work in an acceptable manner, the Owner may give notice in writing to the Contractor and the Contractor’s sureties of such delay, neglect, or default, specifying the same, and if the Contractor within a period of three (3) days after such notice shall not proceed in good faith and with reasonable speed to correct such delay, neglect, or default in accordance with such notice, the Owner shall have full power and authority, to the extent permitted by law, without violating the Contract Documents, to take the prosecution of the Work out of the hands of the Contractor, to appropriate or use any or all materials and equipment at the Project as may be suitable and acceptable, and may enter into an agreement for the completion of the Work or pursue such other methods as in the Owner's opinion shall be necessary or appropriate for the completion of the Work in an acceptable DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 45 Revised 06/21 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. The Owner may terminate the Agreement upon seven (7) days written notice to the Contractor for the Owner’s convenience and without further liability or obligation to the Owner. 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. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 46 Revised 06/21 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. f) Either party may terminate this Agreement upon notice to the other party that obligations pursuant to this Agreement are made impossible due to declarations of emergency by Orange County or by North Carolina due to events directly impacting Orange County. Both parties shall remain responsible for all payment and performance due up to the receipt of such notice, but shall have no further obligation or responsibility beyond that date provided the terminating party has taken all reasonable steps to complete the performance of its obligations. 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. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 47 Revised 06/21 37.2 The titles to Articles herein are for convenience only, are not substantive parts of the General Conditions, and are not to be considered in interpreting the Contract Documents. END OF GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION—EXHIBIT 1 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 1 GUIDELINES FOR RECRUITMENT AND SELECTION OF MINORITY BUSINESSES These guidelines were adapted for use on this project by the County of Orange from the “Guidelines for Recruitment and Selection of Minority Businesses for Participation in State Construction Office Projects”, developed by the State Construction Office. In accordance with G.S. 143-128.2 (SB 914 ratified December 6, 2001), the County of Orange has enacted a verifiable ten percent (10%) minority business participation goal for the total monetary value of this project. These guidelines are published to accomplish that end. SECTION 1: INTENT It is the intent of these guidelines that the County of Orange, as awarding authority for construction projects, and the contractors and subcontractors performing the construction contracts awarded shall cooperate and in good faith do all things legal, proper and reasonable to achieve the statutory goal of ten percent for participation by minority businesses in each construction project permitted by SB 914. Nothing contained in these guidelines shall be considered to require awarding authorities to award contracts or to make purchase of materials or equipment from minority-business contractors who do not submit the lowest responsible bid or bids. SECTION 2: DEFINITIONS 1. Minority - a person who is a citizen or lawful permanent resident of the United States and who is: a. Black, that is, a person having origins in any of the black racial groups in Africa; b. Hispanic, that is, a person of Spanish or Portuguese culture with origins in Mexico, South or Central America, or the Caribbean Islands, regardless of race; c. Asian American, that is, a person having origins in any of the original peoples of the Far East, Southeast Asia and Asia, the Indian subcontinent, the Pacific Islands; d. American Indian or Alaskan Native, that is , a person having origins in any of the original peoples of North America; e. Female. f. “Socially disadvantaged individual”, as defined in 15 U.S.C. 637. These are individuals who have “been subjected to racial or ethnic prejudice or cultural bias because of their identify as a member of a group without regard to their individual qualities”; or g. “Economically disadvantaged individual” as defined in 15 U.S.C. 637. This is an individual “whose ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities as compared to others in the same business who are not socially disadvantaged.” 2. Minority Business - means a business: a. In which at least fifty-one percent (51%) is owned by one or more minority persons, or in the case of a corporation, in which at least fifty-one percent (51%) of the stock is owned by one or more minority persons; and DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 2 b. Of which the management and daily business operations are controlled by one or more of the minority persons who own it. 3. Owner - The County of Orange. 4. Bidder - Any person, firm, partnership, corporation, association, or joint venture seeking to be awarded a public contract or subcontract. 5. Contract - A mutually binding legal relationship or any modification thereof obligating the seller to furnish equipment, material or services, including construction, and obligating the buyer to pay for them. 6. Contractor - Any person, firm, partnership, corporation, association, or joint venture which has contracted with the County of Orange to perform construction work or repair. 7. Subcontractor - A firm under contract with the Prime Contractor for supplying materials or labor and materials and/or installation. The subcontractor may or may not provide materials in his subcontract. Work subcontracted in an emergency and which could not have been anticipated is excluded as a part of this program. 8. Verifiable goal means that the awarding authority has adopted written guidelines specifying the actions that the prime contractor must take to ensure a good faith effort in the recruitment and selection of minority businesses for participation in contracts awarded; the required actions must be documented in writing by the contractor to the appropriate awarding authority. SECTION 3: RESPONSIBILITIES 1. Minority Business Program of the County of Orange (hereafter referred to a Minority Business Program). The Minority Business Program will establish a program pursuant to which it shall certify to interested persons, businesses qualifying as Minority Business Enterprises (MBE). The information solicited from the applicant will be used by the Minority Business Program to: a. Determine MBE certification, i.e., that those certified are MBEs under GS 143- 128 as a contractor and/or subcontractor. b. Identify those areas of work for which there are certified MBEs, as requested. c. Provide interested parties with a list of prospective certified MBE contractors and subcontractors. d. Assist in the determination of technical assistance in the certification program that needs to be provided. In addition to being responsible for the certification of those small and emerging businesses that want to participate, the Minority Business Program will: 1. Maintain a current list of certified MBEs of those certified. The list furnished shall include the areas of work in which each MBE is interested. 2. Work with the North Carolina Association of Minority Businesses, the Carolinas Branch AGC, the Carolina Electrical Contractors Association and the North Carolina Association of Plumbing-Heating-Cooling Contractors in developing and implementing a certification program intended to improve the ability of MBE’s to compete in this program. 2. Owner DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 3 The owner will: a. Attend the scheduled prebid conference. b. Identify or determine those work areas of a contract where MBEs may have an interest in performing contract work. c. At least ten (10) days prior to the scheduled day of bid opening, the Owner will notify certified MBEs of potential contracting opportunities listed in the proposal. The notification will include the following: 1. A description of the work for which the bid is being solicited. 2. The date, time and location where bids are to be submitted. 3. The name of the individual within the agency/institution who will be available to answer questions about the project. 4. Where bid documents may be reviewed. 5. Any special requirements that may exist, such as insurance, licenses, bonds and financial arrangements. If there are more than three (3) certified MBEs in the general locality of the project who offer similar contracting or subcontracting services in the specific trade, the Owner shall notify three (3) , but may contact more, if the Owner so desires. d. Maintain documentation of any contacts, correspondence, or conversations with MBE firms made in an attempt to meet the goals. 2. Prime Contractor Under the single prime contract system, the prime contractor will: a. Attend the scheduled prebid conference. b. Identify or determine those work areas of a contract where MBEs may have an interest in performing contract work. c. At least ten (10) days prior to the scheduled day of bid opening, notify certified MBEs of potential contracting opportunities listed in the proposal. The notification will include the following: 1. A description of the work for which the bid is being solicited. 2. The date, time and location where bids are to be submitted. 3. The name of the individual within the agency/institution who will be available to answer questions about the project. 4. Where bid documents may be reviewed. 5. Any special requirements that may exist, such as insurance, licenses, bonds and financial arrangements. If there are more than three (3) certified MBEs in the general locality of the project who offer similar contracting or subcontracting services in the specific trade, the Contractor shall notify three (3) , but may contact more, if the Contractor so desires. d. During the bidding process, comply with the contractor(s) requirements listed in the proposal for minority participation. e. Submit with the bid a description of that portion of the work to be executed by MBEs expressed as a percentage of the total price. f. Identify the MBEs the bidder intends to use on the contract, along with the dollar amount of the work to be performed by each minority business. g. Submit an affidavit that details the good faith efforts taken to procure minority business participation. h. Upon being named the apparent low bidder, the bidder shall provide the necessary DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 4 documentation as listed in the contract documents. Failure to comply with procedural requirements as defined in contract documents may render that bid as non-responsive and may result in rejection of the bid and award to the next lowest responsible and responsive bidder. i. Upon being named apparent low bidder, the bidder shall provide an affidavit that lists the proportion of the work to be performed by MBEs. If the MBEs do not account for ten percent (10%) of the contract price, the bidder must submit an affidavit that verifies the bidder’s good faith efforts by certifying that it has undertaken at least five of the following ten (10) steps: 1. Contacted minority businesses that reasonably could have been expected to submit a quote and that were known to the contract or available on these State or local government-maintained lists at least ten (10) days before the bid or proposal date and notifying them of the nature and scope of the work to be performed. 2. Made the construction plans, specifications, and requirements available for review by prospective minority businesses, or providing these documents to them at least ten (10) days before the bid proposals are due. 3. Broke down or combined elements of work into economically feasible units to facilitate minority participation. 4. Worked with minority trade, community, or contractor organizations identified by the Office of Historical Underutilized Businesses and included in the bid documents that provided assistance in recruitment of minority businesses. 5. Attended any prebid meetings scheduled by the public owner. 6. Provided assistance in getting required bonding or insurance or providing alternatives to bonding or insurance for subcontractors. 7. Negotiated in good faith with interested minority businesses and did not reject them as unqualified without sound reasons based on their capabilities. Any rejection of a minority business based on lack of qualifications should have the reasons documented in writing. 8. Provided assistance to an otherwise qualified minority business in need of equipment, loan capital, lines of credit, or joint pay agreements to secure loans, supplies, or letters of credit, including waiving credit that is ordinarily required. Assisted minority businesses in obtaining the same unit pricing with the bidder’s suppliers in order to help the minority businesses in establishing credit. 9. Negotiated joint venture and partnership arrangements with minority businesses in order to increase opportunities for minority business participation on a public construction or repair project when possible. 10. Provide quick pay agreements and policies to enable minority contractors and suppliers to meet cash-flow demands. j. During the construction of the project, if it becomes necessary to replace an MBE subcontractor, advise the owner of the circumstances involved. k. If, during the construction of a project, additional subcontracting opportunities become available, make a good faith effort to solicit subbids from MBEs. 3. MBE Responsibilities DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 5 While MBEs are not required to become certified in order to participate in this program, it is recommended that they become certified and should take advantage of the appropriate technical assistance that is made available. In addition, MBEs who are contacted by owners or bidders must respond promptly whether or not they wish to submit a bid. SECTION 4: DISPUTE PROCEDURES It is the policy of this County that disputes between an agency and another person that involve a person’s rights, duties, or privileges should be settled through informal procedures. To that end, MBE disputes arising under these guidelines should be resolved, if possible, by informal proceedings arranged by the Owner. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid MBForms 2002-Revised July 2010 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 (I), 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 ($) . DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid MBForms 2002-Revised July 2010 State of North Carolina AFFIDAVIT A –Listing of Good Faith Efforts County of (Name of Bidder) Affidavit of I have made a good faith effort to comply under the following areas checked: Bidders must earn at least 50 points from the good faith efforts listed for their bid to be considered responsive.(1 NC Administrative Code 30 I.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 Subscribed and sworn to before me this day of 20 Notary Public My commission expires SEAL DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid MBForms 2002-Revised July 2010 State of North Carolina --AFFIDAVIT B-- Intent to Perform Contract with Own Workforce. County of Affidavit of (Name of Bidder) I hereby certify that it is our intent to perform 100% of the work required for the contract. (Name of Project) In making this certification, the Bidder states that the Bidder does not customarily subcontract elements of this type project, and normally performs and has the capability to perform and will perform all elements of the work on this project with his/her own current work forces; and The Bidder agrees to provide any additional information or documentation requested by the owner in support of the above statement. The Bidder agrees to make a Good Faith Effort to utilize minority suppliers where possible. The undersigned hereby certifies that he or she has read this certification and is authorized to bind the Bidder to the commitments herein contained. Date: Name of Authorized Officer: Signature: Title: State of _________ __ , County of ________________________ Subscribed and sworn to before me this day of 20___ Notary Public My commission expires SEAL DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD Do not submit with bid Do not submit with bid Do not submit with bid Do not submit with bid MBForms 2002-Revised July 2010 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 $ I will expend a minimum of % of the total dollar amount of the contract with minority business enterprises. Minority businesses will be employed as construction subcontractors, vendors, suppliers or providers of professional services. Such work will be subcontracted to the following firms listed below.Attach additional sheets if required Name and Phone Number *Minority Category **HUB Certified Y/N Work Description Dollar Value *Minority categories: Black, African American (B), Hispanic (H), Asian American (A) American Indian (I), 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: Title: State of , County of Subscribed and sworn to before me this day of 20 Notary Public My commission expires SEAL DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 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 MBForms 2002-Revised May 2010 -1- State of North Carolina AFFIDAVIT D –Good Faith Efforts County of (Note this form is to be submitted only by the apparent lowest responsible, responsive bidder.) If the goal of 10% participation by HUB Certified/ minority business is not achieved, the Bidder shall provide the following documentation to the Owner of his good faith efforts: Affidavit of I do hereby certify that on the (Name of Bidder) (Project Name) Project ID#Amount of Bid $ I will expend a minimum of % of the total dollar amount of the contract with HUB certified/ minority business enterprises. Minority businesses will be employed as construction subcontractors, vendors, suppliers or providers of professional services. Such work will be subcontracted to the following firms listed below.(Attach additional sheets if required) Name and Phone Number *Minority Category **HUB Certified Y/N Work Description Dollar Value *Minority categories: Black, African American (B), Hispanic (H), Asian American (A) American Indian (I), 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. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 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 MBForms 2002-Revised May 2010 -2- 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: State of , County of Subscribed and sworn to before me this day of 20 Notary Public My commission expires SEAL DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD Orange County Minimum Insurance Coverage Requirements Note: An Exception or Waiver of Minimum Coverage may only be granted at the discretion and approval of Risk Management based on assessment of risk posed to the county. Coverage Low Risk Profile Standard Risk Profile High Risk Profile Specialty Encroachment Premises Lease Commercial General Liability Products/Completed Operation Explosion, Collapse & Underground (XCU) $1,000,000/$2,000,000 Per accident As above $1,000,000/$2,000,000 As Above If any, Limit to be determined. $1,000,000/$2,000,000 As above If any, TBD. $1,000,000* As Above If any, TBD. $1,000,000 $1,000,000 Automobile Liability $1,000,000 (CSL) Per occurrence $1,000,000* $1,000,000* $1,000,000* N/A N/A **Workers’ Compensation Statutory Statutory Statutory Statutory N/A Statutory **Employer’s Liability 100/500/100 500/500/500* 500/500/500 500/500/500* N/A 100/500/100 ** Waiver of Subrogation on WC Required if available Required if available Required Required N/A N/A Umbrella Liability $1,000,000 $2,000,000 $2,000,000+ $9,000,000+ N/A N/A Professional Liability may be required on a risk profile depending on nature of services provided by contract. Coverage required for professional service such as accountant, attorney, architect, design, engineering, health care and most consultants. $1,000,000 per occurrence $1,000,000 TBD TBD N/A N/A Sexual Misconduct (Sexual Abuse/Molestation) may be required for contractors working directly one-on-one with children and elderly or in overnight sheltering capacities. $1,000,000/$2,000,000 $1,000,000/$2,000,000 TBD TBD N/A TBD Cyber Liability may be required for contractors having access to personal identifying information, and/or computer networks. $1,000,000/$2,000,000 TBD TBD TBD N/A Environmental/Pollution Liability required if demolition, use of N/A $1,000,000 $1,000,000+* $1,000,000+* N/A N/A DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD Orange County Minimum Insurance Coverage Requirements Note: An Exception or Waiver of Minimum Coverage may only be granted at the discretion and approval of Risk Management based on assessment of risk posed to the county. hazardous material or environmentally sensitive Fidelity Bond (loss of money or other property due to dishonest acts). Only for contracts such as Banking, Janitorial, Fundraising, TPA’s and similar, ETA TBD Amount depends on exposure to loss TBD TBD N/A N/A Other Coverage As required TBD TBD TBD TBD N/A N/A Bid, Performance & Payment Bonds TBD TBD TBD TBD N/A N/A *A combination of Umbrella/Excess and primary limit may be used to provide coverage for the amount shown. ** Workers’ Compensation is required if the contractor/vendor has employees. Owner Waiver is acceptable for a Sole Proprietor. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD Revised 06/21 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 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD Revised 06/21 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. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD Revised 06/21 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.Private 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 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD Revised 06/21 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 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. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD Revised 06/21 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. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD STATE OF NORTH CAROLINA COUNTY SALES AND USE TAX REPORT SUMMARY TOTALS AND CERTIFICATION CONTRACTOR: Page __1____ of ______ PROJECT: FOR PERIOD: TOTAL FOR COUNTY OF: TOTAL FOR COUNTY OF: TOTAL FOR COUNTY OF: TOTAL FOR COUNTY OF: TOTAL FOR COUNTY OF: TOTAL FOR COUNTY OF: TOTAL ALL COUNTIES CONTRACTOR SUBCONTRACTOR(S)* COUNTY TOTAL * Attach subcontractor(s) report(s) ** Must balance with Detail Sheet(s) I certify that the above figures do not include any tax paid on supplies, tools and equipment which were used to perform this contract and only includes those building materials, supplies, fixtures and equipment which actually became a part of or annexed to th e building or structure. I certify that, to the best o f my knowledge, the information provided here is true, correct, and complete. Sworn to and subscribed before me, This the _______ day of _____________, 20____ Signed Notary Public My Commission Expires: Print or Type Name of Above Seal NOTE: This certified statement may be subject to audit. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD STATE OF NORTH CAROLINA SALES AND USE TAX REPORT DETAIL CONTRACTOR: Page ___2___ of ______ SUBCONTRACTOR FOR PERIOD: PROJECT: PURCHASE DATE VENDOR NAME INVOICE NUMBER TYPE OF PROPERTY INVOICE TOTAL COUNTY TAX PAID COUNTY OF SALE * $ $ TOTAL: $ * If this is an out-of-state vendor, the County of Sale should be the county to which the merchandise was shipped. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD HOT WORK PERMIT PROGRAM COMPLIANCE WITH THIS PUBLICATION IS MANDATORY OFFICE OF PRIMARY RESPONSIBILITY This instruction establishes policy and procedures and assigns responsibilities and requirements to ensure a comprehensive policy and program exists to perform work during new construction, repair, renovations and/or alterations that require hot work. It applies to all Orange County employees, contractors, and tenants on Orange County premises. Violations of this policy may result in appropriate disciplinary action to include administrative actions such as written or criminal prosecution under applicable North Carolina State Statue. 1. Objective. To assess the risk associated with hot work and prevent loss by fire. 2. Definitions 2.1. Hot Work: Hot Work is defined as any temporary or permanent operation that produces flames, sparks or heat. Hot work is not necessarily an occasional occurrence; it is often conducted as part of production processes in normal manufacturing operations. This includes, but is not limited to: cutting, grinding, brazing, welding, sawing, soldering, thawing pipes, sweating pipes or applying roofing materials with torches and sealing plastic shrink wrap. 2.2. Hot Work Shop: Any work shop that does hot work as part of its normal duties. Hot Work Shops will be inspected by the Orange County Fire Marshal annually and the shop will be given a "Hot Work Permit" for one year. 2.3. Hot Work Sites: Immediate area where hot work is to be accomplished. Includes all areas adjacent (includes above, below, and next to work site) to, on opposite side of wall surfaces, and an area encompassing a Thirty-five foot (35 ft.) radius around the immediate area where hot work is to be performed. 2.4. Hot Work Permit Form: A Hot Work Permit is a three-part form issued for all hot work. The Hot Work Permit Form may be obtained from project managers with Asset Management & Solid Waste Management and will be the only recognized form for use. 2.5. Non-Permissible Areas 2.5.1. See NFPA 51B:5.3 2.5.1.1. Hot Work Shall not be permitted in the following areas: 2.5.1.1.1. In areas not authorized by management 2.5.1.1.2. In sprinklered buildings where sprinklers are impaired, unless the requirements of NFPA 25, et al, are met. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 2.5.1.1.3. In the presence of explosive atmospheres (i.e. where mixtures of flammable gases, vapors, liquids, or dust with air exists) 2.5.1.1.4. In the presence of unclear or improperly prepared equipment, drums, tanks, or other containers that previously contained materials that could develop explosive atmospheres 2.5.1.1.5. In areas with an accumulation of combustible dusts that could develop explosive atmospheres. 2.5.2. Devices: Devices refer to any smoke detector, heat detector, duct smoke detector, beam detector or any other fire alarm system detection device that might require deactivation during hot work. (Manual fire alarm pull stations will not be deactivated during hot work.) 2.5.3. Device Number(s): 2.5.4. Addressable Fire Alarm Systems: Device Number refers to the individual number assigned to each detection device that might be impacted by Hot Work. 2.5.5. Conventional Hard Wired Systems: detection devices are not given an individual number; the Fire Zone along with room locations should be utilized. 2.6. Fire Safety Supervisor: Is responsible for enforcing the hot work policy, activities of fire watch and all outside contractors. 2.6.1 First and foremost, he or she has to decide if there is a safer way to complete the job or if hot work is the only option. 2.6.2 If hot work is the only option, determine if hot work can be performed in the area identified. Hot work must be prohibited in any area where the hazard cannot be eliminated or controlled. “No hot work” signs should be clearly posted. 2.6.3 If there is no alternative to hot work and the area in question is fire-safe, the fire safety supervisor authorizes the hot work by issuing FM Global’s Hot Work Permit. The job is then discussed with the person performing fire watch and hot work operator after following the precautions identified on the permit. 2.6.4 Oversees and manages the activities of the fire watch and outside contractors, providing approval signatures as required on the permit. 2.6.5 Once a decision has been made to use the hot work permit form, the fire safety supervisor shall work with the contractor performing hot work to complete Part 1 and issue the permit. The second page shall be taken out, scanned and electronically sent to Orange County Fire Marshal’s Office. The copy shall be retained with project management. The risk manager shall be notified of any hot work in Orange County facilities by email and telephone. 919-245-2155. acornetto@orangecountync.gov 2.7 Fire Watch: The job of the fire watch is to prevent fire and be ready to respond if one starts with the following duties:  Stays near the person performing the hot work  Closes all fire doors  Makes sure the work area remains free of combustibles and tarpaulins are not moved DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD  Pays particular attention to hot work jobs at elevated locations, on the building roof, on walls or inside buildings with multiple floors; these areas often are not watched carefully enough and frequently have ignited from stray sparks smoldering long after workers have left the job site  Never leaves the area while work is in progress or during breaks, such as lunch, unless relieved by a qualified replacement  Stops the hot work if improper conditions develop  Is ready to sound the alarm and use an ext inguisher or fire hose if a fire starts After completion of the Hot Work, a selected trained individual with an appropriate fire extinguisher provided by the contractor doing work must remain in the immediate area of the Hot Work to ensure that a fire does not start. Fire Watch must be maintained constant for 1 hour after the completion of hot work and every half-hour for the additional 3 hours. If smoldering is detected the Fire Watch will follow the RACE procedures: R Remove persons from danger A Activate the fire alarm system C Close all windows and doors E Extinguish the fire or evacuate the area. 3 Procedures 3.6 Supervisors, Project Managers, and Contractors will determine if welding, cutting, soldering and/ or heating is absolutely necessary as part of the project or work order and there are no alternative options to complete the job. If hot work is required, it will be the responsibility of the supervisor, project manager, or contractor to determine if the work can be performed outside the facility. Hot Work conducted outside still requires a permit be obtained. If outside, maintain a minimum of 35ft away from any structure or other combustible. If hot work cannot be completed outside the facility, a Hot Work Permit is required and will be completed in accordance with the procedures in Part 1 of the hot work permit. 3.7 Regardless of completing the work outside or inside the facility, the general fire safety guidelines outlined in this section shall be followed. 3.8 Permit Issue: Hot Work Permits can be issued by Asset Management project manager or designee. Hot Work Permits shall be requested at least 24 hours or last working day in advance of needed work. 3.9 Individuals issuing Hot Work Permits will ensure that: 3.9.1 Hot work site is acceptable for Hot Work and that there are no excessive combustibles or combustible/flammable liquids in the hot work area; 3.9.2 Individual(s) performing the Hot Work understand the minimum safety precautions as outline on the Hot Work Permit by completing the appropriate blocks on the form; DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 3.9.3 A copy of the Hot Work Permit is forwarded to the Orange County Fire Marshal Division prior to starting any hot work; unless it is deemed “emergency work”, but still must be approved by Asset Management Project Manager. 3.9.4 Original copy of the Hot Work Permit is posted in the hot work area in clear view; 3.9.5 If a Fire Watch is required that the appropriate information is completed on the Hot Work Permit Form. 3.9.6 Hot Work Permits are issued on a day-to-day basis, with the exception of designated “Hot Work Zones”. Hot Work Zones are approved by the Orange County Fire Marshal Division after a site visit, and are typically granted for long-term projects only. A “Hot Work Zone” permit may be issued for work requiring daily hot work over a lengthy period of time. 4 Notification: 4.6 It is the responsibility of the individual performing the Hot Work to ensure that Asset Management notifies the appropriate fire alarm monitoring company, Orange County’s insurance carrier through the risk manager and the Orange County Fire Marshal Division to the initiation and upon completion of any Hot Work. 5 Enforcement: 5.6 Orange County Fire Marshal Division has the responsibility to spot check hot work permits to ensure compliance. Permits may be revoked if the safety precautions have been violated. 5.7 The Asset Management Department has the responsibility to ensure only trained and certified personnel complete the Hot Work permit and that only qualified individuals perform Hot Work. 5.8 A designated Hot Work Supervisor must be onsite during all Hot Work Operations 6 Training: 6.6 All Orange County personnel that issue, spot check or perform hot work shall complete online annual training and obtain certification. All contractors that perform hot work shall complete online annual training. No individual may complete a Hot Work Permit or perform hot work without this certification. Asset Management will maintain all records of training completion. Go to https://fmglobaltraining.skillport.com/skillportfe/custom/login/fmglobal/fmgloballogin.a ction?path=fmglobal/login/FmglobalLoginAction&lang=en for access to the program. Once logged in the FM Global’s Client Training Center, type hot work in the Search bar and press Search. Take the Managing Hot Work Using FM Global’ s Hot Work Permit System and How To Fill Out A Hot Work Permit. A copy of your certificate shall be submitted to Asset Management. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 7 Coordination and Approval 7.6 Any requested changes to this policy will be coordinated with Asset Management, Risk Management and the Orange County Fire Marshal prior to the change being implemented 7.7 All departments annotated below have coordinated and given their approval via signature to this Hot Work Program Operating Instruction 7.8 Asset Management Project Managers or are to sign with their approval, the Hot Work Permit, indicating that the site has been inspected for safety prior t o work, as instructed on the Hot Work Form, and that a Fire Watch will be maintained by trained personnel or approved methods (i.e. detection systems in working order). The signee assumes responsibility for the work site and workers. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 010100.1 –SUMMARY OF WORK Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 SECTION 010100 SUMMARY OF WORK PART 1 GENERAL 1.01 GENERAL DESCRIPTION OF WORK INCLUDED A. Furnish labor, equipment, materials, services and supervision necessary to complete the work outlined in these technical specifications and drawings for roof replacement and associated work at the Whitted Building located at 300 W. Tryon Street in Hillsborough, North Carolina. B. The following is a summary of roof replacement work items included. This summary is not intended to be an all-inclusive scope of work. Refer to individual specification sections and drawings for more specific project requirements. 1. Perform a Pre-Job Damage Survey prior to the start of work. The purpose of the survey is to document existing conditions and identify existing damages/distresses. Survey must include roof-top components, building exterior, site features (pavements, walkways, landscaping, etc.), building interior, applicable equipment, and other applicable components. A pre-job damage survey is considered to be a protection for the contractor and documentation will be used to assist the Owner, Designer and Contractor in determining whether damages noted during construction were caused by construction activities or were existing. 2. Remove the existing membrane(s), insulation, flashing, etc. down to the wood deck on Roof Areas A and B, down to the metal deck on Roof Areas C and D, and down to the roof deck on Roof Areas E and F, and legally dispose of off-site. Do not use power blowers to remove debris from the flutes of the metal deck, use brooms and vacuum cleaners. Remove the existing roof hatch penetration at the location shown on the drawings and repair the deck. Perform a minimum of 10 fastener pull tests prior to beginning construction in the presence of the Engineer and/or Owner’s representative. Remove existing coping, counterflashing, gutter, downspouts, and other roof accessories and dispose of off-site. Inspect any existing nailers to remain and replace damaged/deteriorated nailers. The existing roof system consists of the following: Roof Area A: Approximately 13,000 SF Modified bitumen membrane 1/2″ Wood fiberboard Polyisocyanurate insulation – Approximately 1.5″ Felt Wood deck Note: Slope is in the deck DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 010100.2 –SUMMARY OF WORK Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 Roof Area B: Approximately 8,900 SF Modified bitumen membrane 1/2″ Wood fiberboard Polyisocyanurate insulation – Approximately 1.5″ Felt Wood deck Note: Slope is in the deck Roof Area C: Approximately 750 SF Modified bitumen membrane 1/2″ Wood fiber board Polyisocyanurate insulation – Approximately 1.5″ Felt Metal deck Note: Slope is in the deck Roof Area D: Approximately 150 SF Modified bitumen membrane 1/2″ Wood fiber board Polyisocyanurate insulation – Approximately 1.5″ Felt Suspected to be metal deck Roof Area E: Approximately 280 SF Modified bitumen membrane 1/2″ Wood fiber board Polyisocyanurate insulation – Approximately 1.5″ Felt Note: Roof was not accessed as part of the fieldwork. The deck is suspected to be wood or metal. Roof Area F: Approximately 265 SF Modified bitumen membrane 1/2″ Wood fiber board Polyisocyanurate insulation – Approximately 1.5″ Felt Assumed nailable deck Note: Slope is assumed to be in the insulation on roof areas D, E, and F. Notify the engineer if field conditions vary. Roof Areas D, E, and F are assumed to have nailable roof decks. Notify the engineer if deck conditions vary. The contractor should core these roof areas to confirm existing conditions prior to tear off. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 010100.3 –SUMMARY OF WORK Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 3. Test all drains/underground drainage for free flow prior to beginning of work. Clogged or blocked drains/pipes shall be reported to the Owner. 4. Adjust the existing drain heights and add extensions as necessary to provide proper installation of the new roof system on Roof Areas C, E, and F. 5. Install 8 new 3″ diameter primary drains on Roof Area B with a 4’ drain sump. The new primary drains should be set on the existing wood deck. Core the existing roof deck to allow for installation of a new 3″ I.D. vertical drain line, and transition to a 3″ I.D. horizontal drain line within the existing attic space. The new primary drain lines should be located around the perimeter, 4’ from the parapet wall, and at the same location of the existing parapet wall scupper openings. Core through the existing exterior masonry wall to allow for the horizontal drain line to run from the interior attic space out to a copper conductor head and downspout. The downspout should be located at the same location as existing downspouts and run into existing underground storm drainage where applicable. Locate the conductor head within the flattest section of the existing exterior cornice and remove trim as necessary. Ensure all conductor heads are located at the same elevation around the building. Verify locations and layout with Designer prior to installation. 6. Install 8 new 4″ diameter secondary drains on Roof Area B. Do not sump or shave insulation around overflow drain. The new overflow drains should be set on wood blocking on the existing wood deck. Core the existing roof deck to allow for installation of a new 4″ I.D. vertical drain line, and transition to a 4″ I.D. horizontal drain line within the existing attic space. Core through the existing exterior masonry wall to allow for the horizontal drain line to run from the interior attic space out to a drain nozzle/lamb’s tongue. Locate the lamb’s tongue centered within the flattest section of the existing exterior cornice. Ensure all lamb’s tongues are located at the same elevation, and equal spacing from the new primary drain outlets/downspouts around the building. Verify locations and layout with Designer prior to installation. 7. Replace any damaged wood deck on Roof Areas A and B. Inspect the existing wood deck in these areas and restore/replace rotted wood deck. Notify Designer of any areas requiring replacement. 8. Inspect the existing metal deck and restore/replace corroded metal deck on Roof Areas C, D, E, and F. Notify Designer of any areas requiring replacement. 9. Install new nailers along parapet walls on all roof areas and along the gutter/perimeter edge on Roof Areas A, D, and F to meet the specified requirements. If existing wood blocking is present, notify the Designer, and inspect any existing wood blocking. Replace at locations where existing materials are damaged, deteriorated, warped, or do not meet the specified requirements. Verify any wood blocking to remain is properly secured to the existing structure. Provide supplemental fasteners if necessary. 10. Install plywood on the interior of all parapet wall with fastening to meet the specified requirements. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 010100.4 –SUMMARY OF WORK Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 11. Install batt insulation in the opening and cover existing parapet wall drainage openings on Roof Area B with plywood on the interior of the parapet wall. Where the drain opening turns to an exterior downspout within the existing cornice trim around Building B, cut and cap the downspout to match the cornice trim profile and paint to match the existing cornice. 12. Raise penetrations to finish a minimum of 8″ above the finished roof surface. Any flashing heights less than 8″ will have to be approved by the Designer and manufacturer in writing. 13. Notify the Designer prior to beginning installation of the new roof system on each area. 14. Provide and install a 1/2" gypsum thermal barrier on all roof areas. Stagger all joints. Night tie-in locations shall be saw toothed and “fill in” courses that can be removed when subsequent work 15. Provide and install a 2.0" layer of polyisocyanurate insulation over the thermal barrier on Roof Areas A and B. Mechanically fasten through all layers into the deck to meet FM 1- 90 wind uplift requirements over the field of the roof with associated increases in the securement for the roof perimeters and corners. The building is not FM insured, but fastening patterns are to be comparable with the wind uplift resistance provided by a FM 1-90 classification and meet the NC Building code. Stagger all joints. Night tie-in locations shall be saw toothed and “fill in” courses that can be removed when subsequent work begins. Locate any conduit beneath the deck to avoid damage by fasteners. 16. Provide and install a 2.0" base layer of polyisocyanurate insulation over the thermal barrier on Roof Areas C, D, E, and F. Install an additional layer of 2” of polyisocyanurate insulation over the base layer on Roof Area C. Install 1/4″ per foot tapered insulation with 2" minimum thickness over the base layer of insulation on Roof Areas D, E, and F. Total insulation thickness at the edge of the drain sumps shall be 4.0". Mechanically fasten through all layers into the deck to meet FM 1-90 wind uplift requirements over the field of the roof with associated increases in the securement for the roof perimeters and corners. The building is not FM insured, but fastening patterns are to be comparable with the wind uplift resistance provided by a FM 1-90 classification and meet the NC Building code. Stagger all joints. Night tie-in locations shall be saw toothed and “fill in” courses that can be removed when subsequent work begins. Locate any conduit beneath the deck to avoid damage by fasteners. 17. Provide and install a 1/2″ gypsum coverboard using the specified adhesives on all roof areas. The building is not FM insured, but adhesion patterns are to be comparable with the wind uplift resistance provided by a FM 1-90 classification and meet NC Building Code. Total insulation and coverboard thickness at the edge of the drain/scupper sumps on Roof Areas A and B shall be 3.0″. Alternate Bid 3 is the mechanically fasten all layers to the wood or metal deck. 18. Provide and install tapered crickets/saddles between the drains and overlay with coverboard using the specified adhesive. 19. Provide and install a fully-adhered, thermoplastic roof membrane and membrane flashing systems with heat-welded seams on all areas. Use a designated generator for heat welding DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 010100.5 –SUMMARY OF WORK Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 robot that welds the seams. Provide and install other associated system components as detailed or as required by the system manufacturer. New roof system must meet the requirements for UL Class A fire classification and wind uplift resistance in accordance with these specifications, the North Carolina State Building Code and ASCE-7, latest edition. Any additional manufacturer requirements/enhancements (ex. perimeter securement, peel stops, plywood on the walls, etc.) shall be included in the contractor’s bid. 20. Provide mechanical, electrical, plumbing, and other services as needed to accomplish disconnection, reconnection, modification, recharging, or extension of utility or control services (including ductwork) at any roof-mounted equipment associated with lifting/raising or modifying to accept the new roof system. Coordinate with the facility maintenance staff to schedule temporary shutdown of the units and to prevent damage to the units. Upon completion of work confirm proper working order with the Owner. 21. Provide and install membrane flashings at roof perimeters and penetrations. Supplemental securement will be required on walls taller than 40″. 22. Install thermoplastic membrane clad-metal flashing, copper flashings, copper counterflashings, copper gutters, copper downspouts, and accessories to complete watertight detailing at perimeter edge and penetrations. Place walk tread beneath all ladder locations, and at any other locations shown on the drawings. 23. Clean and prepare existing drain components to accept new roof materials. Replace plastic strainers or other components with cast iron to match size/style. Clean, prime, and paint clamping ring and strainer. 24. Install new 4″ diameter overflow scuppers and drain nozzles/lamb’s tongues at the locations shown on the drawings. 25. Cut a new roof hatch opening on Roof Area A and install a new roof hatch and roof hatch rail. The new roof hatch opening will be framed with wood framing/blocking per the design drawings. Location to be coordinated on site and coordinated with installation of a new interior access ladder. Interior work shall include removal and modification of ceiling tile and ceiling tile hangers, installation of framing and drywall to create a chase from the existing drop ceiling level to the underside of the attic floor/hard ceiling level, removal and modification of the existing hard ceiling and attic floor joist structure, installation of a fire- rated access panel and associated framing as called out in the design drawings, and installation of two sections of an interior fixed access ladder. 26. Provide and install new roof hatch and roof hatch rail on Roof Area B. 27. Install new exterior roof access ladder from Roof Area A to Roof Area C per the design drawings. 28. Provide and install an additional layer of blown or batt fiberglass insulation under Roof Area A to meet an R-value of 10. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 010100.6 –SUMMARY OF WORK Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 29. Replace the passive vents on Roof Area B where shown on the design drawings (Alternate Bid 1). Passive vents are to be copper and match the profile of the existing vents. 30. Replace the copper chimney caps on Roof Areas A and B (Alternate Bid 2). Chimney caps are to match existing. 31. Provide and install overhead protection at the entrance/exit locations shown on the drawing. 32. Provide and install other accessory or incidental components, or modify other roof features/items, not specifically listed or shown on drawings, but required for the complete and proper installation of the new roof system. Note: - Provide construction fencing installed around the perimeter of the project staging and storage limits as defined on the site plan. The fence shall be constructed of heavy-duty chain link materials, have a minimum height of six feet and shall have a continuous top tubular rail. The fencing must use non-penetrating posts set in weighted bases. Swing gates shall be included at every access to the enclosed area. When the project is complete, fencing must be removed and ground contours restored to original condition. - Maintain access to the loading dock and on site dumpsters and coordinate deliveries with Orange County. - A fire watch is required for all hot work (including heat welding of seams). - Provide overhead protection for the generator and electrical panel within staging area. - Provide a COVID-19 plan for review and approval prior to beginning work. - A hot work permit will be required and the contractor must follow all permit requirements. - The workers may not have contact with the building occupants. Cell phones or 2-way radios are to be used to communicate from the roof to the staging area/ground. - No offensive decals/logos are to be worn on clothing or shown on vehicles. - The use of tobacco products is not allowed on the campus. - A minimum of three site visits and a final inspection are required by the roof system manufacturer. Notify Designer and Owner a minimum of 48 hours before manufacturer’s visit. - Contractor shall provide a foreman or a representative from the Contractor that is in a supervisory position that is familiar with the installation of the new roof system and who will be on the site anytime that work by the Contractor or one of his Subcontractors is in progress. The Contractor must provide a representative that is fluent in English on-site at all times when work is in progress to ensure that the Owner and Designer can communicate with the crew members as needed during construction. B. The technical specifications and drawings provided are for communicating design intent. It is the responsibility of the Contractor to examine the technical specifications and drawings, and the site, and become familiar with and verify the existing conditions, specified design intent, and other conditions necessary for an accurate proposal and execution of the work. Any discrepancies discovered should be brought to the attention of the Designer for clarification or correction. 1.02 COORDINATION AND CONTRACTOR USE OF PREMISES A. The Owner will occupy the premises during the period of construction for the conduct of normal operations. Limit the use of the premises for construction operations, to allow for Owner occupancy DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 010100.7 –SUMMARY OF WORK Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 to the building and adjacent buildings through the duration of the project. Contractor shall schedule and coordinate work with the designated points of contact at Orange County Asset Management and within the building. B. For the purpose of bidding, acceptable work hours shall be Monday-Friday between 6:00 a.m. and 8:00 p.m. The Orange County Project Manager must be notified in advance of work on weekends or outside of the hours listed above to allow for coordination and approval. This anticipated schedule is provided for general planning and does not eliminate the requirement for the Contractor to coordinate with the Owner to limit disruption to potential interior functions/use. C. The Contractor must follow all requirements of Orange County including, but not limited to, use of staging and storage areas as designated by the project documents, entrance to the site by workers and delivery vehicles, coordination to avoid significant noise disruption, and coordination of construction scheduling around the events of the building. Contractor shall not perform work if requested by the Owner due to special events at the building. Contractor shall receive additional contract time for time not permitted to work, but shall not receive additional compensation. D. Do not permanently block ingress and egress from the building. Maintain access that does not interfere with the Owner’s vehicular or pedestrian traffic, unless coordinated with the Owner. Where vehicular or pedestrian traffic will be rerouted or temporarily blocked, provide protective fencing and signage to safely redirect traffic as needed. Provide either covered walkways to maintain safe access at entrance/exits from the building or utilized a spotter on the ground where overhead work may occur. E. Utilities are to remain undisturbed and in continuous operation, or provide alternate or temporary services acceptable to the Owner. Terminate no utility even for a short period without the prior approval from the Owner. The Contractor is responsible for the location and protection of existing utilities from damage due to construction. Repairs required due to damages to, or outage of existing utilities must be immediately coordinated and paid for by the contractor. Where requested by the Owner, the Contractor must maintain a minimum 8’ clearance from specific equipment or utilities that may require Owner access. F. Parking and access to the site must be coordinated with the Owner’s representative. Designated limits for delivery trucks and other parking associated with the project will be defined at the pre- construction conference. G. Contractor shall provide a superintendent, foreman, or other representative from the Contractor that is in a supervisory position and fluent in English, who will be on the site anytime that work is in progress. If workers installing the roof are under subcontract and are not direct employees of the contractor, a representative or personnel in a supervisory position (Superintendent) directly employed by the Prime Contractor must be present full time anytime work is occurring on site. 1.03 PERMITS A. The Contractor shall apply for, secure and pay for all permits, governmental fees, inspections and licenses necessary for the proper execution and completion of the Work, which are applicable at the time that Bids are received. Contractor shall provide evidence of acceptance of work by submitting inspection forms from appropriate agencies indicating acceptance of work. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 010100.8 –SUMMARY OF WORK Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 1.04 CONTRACT TIME AND SCHEDULING A. The contract time from the Notice to Proceed to project acceptance for Base Bid work is 90 days. The Notice to Proceed date is anticipated to be set as early as possible following execution of construction contracts. 1.05 BASE BID A. The Base Bid includes the following scope of work shown on the drawings and specified in the Project Manual: Replacement of the existing roof systems on Roof Areas A, B, C, D, E, and F as designated on the Project Drawings. B. The Base Bid shall also include the estimated quantities of work specified in Section 012100 of this Project Manual. 1.06 BID ALTERNATES A. Bid Alternate 1: Replace the passive vents on Roof Area B where shown on the design drawings. B. Bid Alternate 2: Replace the copper chimney caps on Roof Areas A and B. C. Bid Alternate 3: Mechanically fastened the coverboard, insulation, and thermal barrier on Roof Areas A and B. 1.07 REFERENCE STANDARDS A. For products specified by association or trade standards, comply with the requirements of the latest standard, except when more rigid requirements are specified or required by applicable codes. B. Install items necessary to ensure compliance with the most recent adopted edition of the North Carolina Building Code whether or not shown on project drawings or specifically indicated in the technical specifications. 1.08 DESIGNER’S SITE VISITS A. Designer or site representative will perform periodic visits to the site to observe Contractor activities and note non-conformance with the specifications to the Owner and Contractor. Non- conformance items must be corrected by the Contractor prior to approval of payment. B. Contractor shall cooperate with the representatives and personnel of the Designer to provide safe means and facilities for the Designer to observe all parts of the work for the purpose of determining conformance/non-conformance with the specifications. C. Contractor must notify the Designer a minimum of 48 hours prior to specific activities for which the Designer wishes to be present. The applicable activities will be defined by the Designer during the Pre-Construction Meeting, but are anticipated to include first day of removal and replacement on main roof areas or installation of specific details. If Contractor fails to notify the Designer to DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 010100.9 –SUMMARY OF WORK Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 allow for observation, Designer may request to observe work, including covered work, to confirm conformance with the contract documents at no additional cost to the Owner. PART 2 PRODUCTS – NOT USED PART 3 EXECUTION – NOT USED END OF SECTION 010100 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 012100.1 – BASE BID ALLOWANCES (ESTIMATED QUANTITIES) Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 SECTION 012100 BASE BID ALLOWANCES (ESTIMATED QUANTITIES) PART 1 GENERAL 1.01 SUMMARY A. This Section includes requirements governing estimated quantities of work to be included within the Base Bid cost and the associated unit prices requested to aid in reconciliation between quantities estimated and actual work performed. Refer to Section 010100 for additional information regarding Base Bid scope of work. B. Refer to specification sections 024110, 061140, and 075400 for technical requirements regarding base bid allowance (estimated quantity) work. 1.02 SUBMITTALS A. Provide submittals for products to be repaired, removed, and or installed as a part of the work in accordance with Section 013300 and the technical specification sections in which they are specified. 1.03 ESTIMATED QUANTITY WORK A. Estimated quantities are provided below for replacement of materials discovered to be deteriorated, damaged, missing, and/or installation of additional work that is not specifically designated in the specifications, but may become necessary. The cost to perform the estimated quantity of each work item listed below shall be included within the Base Bid. Unit Price Work Item Estimated Quantity 1. Metal Deck Restoration per Section 024110 200 sq.ft. 2. Metal Deck Replacement per Section 024110 50 sq.ft. 3. Metal Deck Repair per Section 024110 100 sq.ft. 4. Wood Deck Replacement per Section 061140 300 sq.ft. 5. Wood Deck Repair per Section 061140 50 sq.ft. 6. Wood Blocking Replacement per Section 061140 100 bd.ft. 7. Plywood Replacement per Section 061140 100 sq.ft. 8. Additional Walk Tread Installation per Section 075400 200 ln. ft. 1.04 UNIT PRICES FOR ESTIMATED QUANTITY WORK ITEMS A. A unit price for each of the estimated quantity work items listed above is requested on the Form of Proposal. Unit prices provided by the Contractor will be used for the purpose of adding or deducting from the Contract Sum by Change Order in the event that the actual performed amounts of each estimated quantity work item listed in Paragraph 1.03A are more than, or less than, the estimated quantity included in the Base Bid. B. The unit prices provided on the Form of Proposal shall include all costs associated with the work including, but not limited to, removal of materials to be replaced, preparation of substrates and DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 012100.2 – BASE BID ALLOWANCES (ESTIMATED QUANTITIES) Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 adjacent surfaces for associated installation, and material, labor, overhead and profit, insurance, taxes, shipping costs, accessory items/equipment/tools. PART 2 PRODUCTS - Not Used. PART 3 EXECUTION - Not Used. 3.01 PREPARATION AND INSTALLATION A. Prepare, supply, and install products associated with estimated quantity work in accordance with the technical specification sections in which they are specified. 3.02 DOCUMENTATION OF ESTIMATED QUANTITY WORK A. A representative of the Owner and/or Designer should be made aware when work items performed as a part of the estimated quantity work are anticipated, unless otherwise agreed upon during the pre- construction meeting. B. Documenting and tracking of actual estimated quantity work performed is the responsibility of the Contractor is important to allow for comparison with estimated quantities during work progress and a proper reconciliation of contract work at project acceptance. The Designer/Owner may deny payment for work performed by the Contractor if adequate documentation of work performed cannot be provided. At minimum, photographic documentation of the existing condition requiring estimated quantity work, removal of existing materials, and installation of replacement materials will be required if direct observation by the Engineer or Owner is not possible. END OF SECTION 012100 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 012500.1 – PROJECT MEETINGS Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 SECTION 012500 PROJECT MEETINGS PART 1 GENERAL 1.01 PRE-CONSTRUCTION CONFERENCE A. The Engineer will schedule and administer a Pre-Construction Conference upon award and execution of the contract. Representatives of the Owner, Engineer, Contractor, and representatives of other Governmental or regulatory agencies (as necessary) shall be in attendance. The Contractor’s Project Manager, anticipated Site Superintendent/Foreman, a representative of the roof system manufacturer, and applicable subcontractors shall be present at the Pre-Construction Conference unless otherwise discussed and agreed upon. Engineer shall distribute meeting minutes to all attendees. B. Suggested Agenda: Confirmation of the execution of Owner-Contractor Agreement, exchange and discussion of preliminary submittals and procedures, designation of key representatives and personnel, discussion of construction schedule and work sequencing, designated storage and parking areas, security and housekeeping procedures, maintenance of record documents, and technical material and installation information. 1.02 PROGRESS MEETINGS A. Engineer will schedule and administer progress meetings throughout progress of the Work at regular and appropriate intervals (For this project, meeting frequency will be every two weeks. If issues arise that require additional coordination, the Designer will schedule conference calls between progress meetings). B. Engineer will make physical arrangements for meetings, preside at meetings, record minutes, and distribute copies of the minutes to the Owner, Contractor, other meeting participants, and those affected by decisions made at meetings. C. Attendance: Contractor’s project manager, Contractor’s superintendent and foreman, major subcontractors and suppliers (as applicable), Owner’s representative, and Engineer. Additional attendees may be requested as appropriate to agenda topics for each meeting. D. Suggested Agenda: Review of work progress, status of progress schedule and contract sum and adjustments thereto, delivery schedules, submittals, maintenance of quality standards, pending changes and substitutions, and other items affecting progress of Work. PART 2 PRODUCTS - Not Used. PART 3 EXECUTION - Not Used. END OF SECTION 012500 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 013300.1 –SUBMITTALS Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 SECTION 013300 SUBMITTALS PART 1 GENERAL 1.01 PROCEDURES A. Make submittals required by the Contract Documents in a timely manner to allow for sufficient review and approval by the Engineer. Revise and resubmit as necessary to establish compliance with the specified requirements. Submit documents to Engineer electronically with Submittal Form SF-1 attached to document and consecutively numbered. An electronic version of SF-1 will be made available upon request. 1.02 WORK INCLUDED A. Electronic copies of submittals are preferred. Each submittal must be accompanied with a transmittal form as provided at the end of this section. For items that cannot be submitted electronically (large format shop drawings, physical samples, color charts or chips, membrane samples, etc.), deliver to the Engineer for review. Physical submittals must still be accompanied by a transmittal sheet. B. The Work may not proceed until the complete pre-job submittal package, including shop drawings, has been reviewed and approved by the Engineer. Update submittals to the Engineer during construction to account for new equipment, products, etc. used on the project. Engineer may elect to allow phased submittals to meet work schedule if agreed upon in advance with the Contractor. C. At the end of the project, submit a minimum of four complete sets of "Post-Job Submittals" to the Engineer for review, following the final acceptance of the Work. These submittals must be provided as hardcopies due to the types of documents involved. Requests for final payment will not be approved until the Post-Job Submittal package has been accepted by the Owner. Organize post-job submittals keyed to a list of items required under Article 1.04 of this Section. D. Identify individual submittals by product type or name on the submittal form and include a table of contents in each submittal package or transmittal email listing items included. E. Submittals listed in this Section and required by other Sections to be submitted in accordance with this Section are applicable. If in the opinion of the Contractor, an item listed is not applicable, the Contractor must submit documentation substantiating his position. Likewise, if a submittal is unavailable, the Contractor must submit documentation reconstructing the missing information as best as can be accomplished. 1.03 CONTRACTOR'S PRE-JOB SUBMITTALS A. The following material and product submittals shall be provided: 1. Product data for each material and product to be installed to confirm conformance with specified requirements or to provide information on additional products required for installation. 2. Product manufacturers’ installation instructions for each material and product to be installed DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 013300.2 –SUBMITTALS Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 3. Product SDS for each material to be installed and associated equipment/products to be used during installation. 4. Material samples of membrane, insulation, metal, etc. to be used as requested by the Engineer. Material samples must have manufacturer’s product identification on the sample. 5. Color selection materials for pre-finished metal, sealants, or other products as noted in the applicable specification sections. Physical metal chip samples in addition to a color chart will be requested for pre-finished metal color selection. B. The following technical submittals shall be provided: 1. Detailed outline of the methods and means to be followed during the installation of the roof system. Once accepted, this outline may only be changed with written approval. Include procedures to keep roof areas dry through each stage of the construction process. Emergency contact numbers will be provided with plans for checking the building interior during rain events and maximum response times listed. 2. Shop drawings for details or constructions for the purpose of providing additional information, such as detail configurations and metal fabrication shapes and sizes, etc. Show securement patterns for the insulation as well as perimeter and corner dimensions to meet code-required and specified wind uplift loads. If any details provided on the shop drawings vary from those shown on the project documents, the Contractor must note such variance on the submittal to indicate that a change is requested. The Engineer will review such requested revisions and will approve or reject at their sole discretion. 3. Certifications that materials to be installed are asbestos-free and are compatible with the substrates to which they will be applied. 4. Letter from the roof system manufacturer stating that the Contractor (or subcontractor when applicable) is an approved applicator of its roof system as specified. 5. Letter from the roof system manufacturer indicating review of the project documents, acceptance of design intent and details as shown, and intent to issue the specified warranty, including acknowledgment of any warranty modifications specified. Refer to Section 014000 for additional information. Letter must be project specific and shall include the type and duration of warranty, riders, any manufacturer’s additional requirements, and a sample copy of actual 20-year warranty; including materials and weathertightness as applicable. 6. A sample copy of the Contractor’s Five-Year Warranty. 7. Pre-Job Damage Survey in accordance with Section 024110 of this Project Manual. 8. Additional submittals as requested in each section. C. The following administrative submittals shall be provided: 1. Building permits as required by the federal, state or any local entity for the construction or demolition work required during the progress of the Work. If no permits are required, so state. 2. Proposed preliminary progress schedule for the Work. Revise and submit progress schedule as necessary. Review Owner requirements for progress schedules. Progress schedules should include line items for specific work activities at each roof area or group of areas with both schedule dates for the line item and a graphical representation of those dates along with a line to compare actual schedule progress. 3. Schedule of Values for the project. Work Items shall be generally divided by Project Manual Section and into materials and labor cost. Copies of invoices/quotes from supplier for materials may be requested to ensure that material costs listed are not significantly increased in comparison to labor costs. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 013300.3 –SUBMITTALS Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 4. Insurance certificate issued to Owner by Contractor's insurance carrier listing required coverage (if not already required for submittal as a part of execution of the construction contract.) 5. Written security plan, if required by the Owner. 6. Contractor Safety Program, specifically designed for this project that recognizes and mitigates the specific hazards present in performing the Work. 7. Provide a list of any subcontractors to be utilized in performance of the work. Submit information regarding the subcontractors including contact information, copies of licenses/certifications, and references (if requested). 1.04 CONTRACTOR'S POST-JOB SUBMITTALS A. Provide all original copies, unless otherwise noted, of each of the following post-job submittals: 1. Final Application for Payment (4 original copies) 2. Consent of Surety to Final Payment 3. Contractor’s Affidavit of Release of Liens (properly signed, notarized, etc.) 4. Contractor’s Affidavit of Payment of Debts and Claims 5. Properly executed release of liens by subcontractors and/or vendors 6. Certification letter that no asbestos containing materials were used. 7. Final list of all subcontractors and suppliers with names, addresses, and phone numbers 8. Specific operating and maintenance manual(s) for the new roof system and components. 9. Duplicate, notarized copies of the Contractor’s 5-year and two originals of the Manufacturer’s warranty. 10. One set of as-built drawings- including a copy of both design and shop drawings with changes clearly marked (Red-Lined Drawings). PART 2 – PRODUCTS – Not Used PART 3 - EXECUTION 3.01 IDENTIFICATION OF SUBMITTALS A. Number consecutively and clearly identify submittals. Submittal Form (SF-1) must accompany each submittal package provided. This form will be provided electronically if requested. Show identification on at least the first page of each submittal, and elsewhere as necessary for positive identification of the submittal. 1. When material is resubmitted, cite the original submittal number for reference and add a suffix such as "-A, -B" (2-A, 2-B, etc.). B. Maintain an accurate submittal log for the duration of the Work, showing current status of all submittals. Make the submittal log available to the Owner’s representative for their review. C. Keep one approved set of design and shop drawings, specifications, and submittals (including data sheets, instruction sheets, etc.) at the job site. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 013300.4 –SUBMITTALS Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 3.02 TIMING OF SUBMITTALS A. Make submittals far enough in advance of scheduled dates of Notice to Proceed, and the start of work or installation of specific products to provide time required for review by the Engineer, for securing necessary approvals, for possible revisions and resubmittals, and for placing order and securing delivery of materials. B. In scheduling, allow a minimum of ten (10) working days from date of Engineer’s receipt of the submittal for his review. C. Contractor accepts responsibility for delays resulting from incomplete or late submittal packages. D. Work completed without approved submittals may be subject to rejection. 3.03 DESIGNER'S REVIEW A. Partial submittals may be rejected for non-compliance with the Contract Documents. B. Review by Designer does not relieve Contractor from responsibility of conforming to the technical specifications and drawings or for errors which may exist in the submitted data. C. Revisions: 1. Make revisions when required by Designer and resubmit for review. 2. If the Contractor considers any required revision to be a change, he shall so notify the Designer as provided for in the article for "Changes in the Work" of the General Conditions. 3. Make only those revisions directed or approved by the Designer. D. The Engineer will provide an initial review and up to two subsequent reviews of each required submittal. Submittal reviews in excess of this due to incomplete submittals or failure to address review comments may result in additional cost to the Owner. The Owner reserves the right to require reimbursement of this additional cost by the Contractor. 3.04 CLAIMS FOR EXTRA COST: No claim for extra cost shall be approved solely based on work shown on shop drawings unless such claim is made on the Contractor's letter of transmittal accompanying the shop drawings and is approved by the Owner in writing. END OF SECTION 013300 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD SUBMITTAL TRANSMITTAL FORM (This Form Must Be Physically Attached To Each Submittal And Must Be Numbered Consecutively) Project Name: Whitted Building Roof Replacement Contractor Name: Specification Section Number: Subcontractor: Product Type: Product Trade Name: Major Supplier: Applicable Drawing or Detail: Remarks: Submittal Identification (Use Unique I.D. for Attachment) Submittal Number: Date of Submittal: SEAL Contractor Seal: I have reviewed the attached submittal and it complies with the requirements of the General Conditions and other applicable sections of the Contract Documents. Signature of Contractor FOR DESIGNER'S USE ONLY DATE RECEIVED: DATE RETURNED: ATLAS Job No.: J2582 -No corrections noted -Make corrections noted -Revise and resubmit -Not acceptable - see remarks Review is only for general conformance with the design concept of the project and general compliance with the information given in the contract documents. Contractor is responsible for compliance with contract documents, confirming and correlating all quantities and dimensions, selecting fabrication processes and techniques, including means, methods, and sequencing of construction, coordinating the work with that of all other trades, and performance of the work in a safe and satisfactory manner. ATLAS ENGINEERING, INC. BY: DATE: Corrections Noted: Remarks: SF-1 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 014000.1 – QUALITY CONTROL Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 SECTION 014000 QUALITY CONTROL PART 1 GENERAL 1.01 SUMMARY A. Maintain quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce Work of specified quality. 1.02 CONTRACTOR WORKMANSHIP A. The Installers of the single-ply roof system must be approved/certified applicators of the manufacturer systems/products to be installed. The certification/approval must be provided by the manufacturer and must be based on installation training, contractor experience with the system, and installation performance and technical observation, not solely on sales ranking. Approval/certifications must have been in place prior to the bid date. The prime contract shall either be approved themselves, or shall use approved subcontractors to perform the work on this project and shall list them on the Form of Proposal. Certification/approval may be requested for the purpose of reviewing and evaluating bids and failure to provide requested documentation may result in disqualification of bid. B. The bidding contractor shall have been in business a minimum of two (2) years prior to the date of bid and must have (or utilize a subcontractor who has) a minimum of 5-year’s prior experience with installation of the specified roof system(s) on commercial or public buildings. Upon request, Contractor must be able to provide documentation of age of business, and of completed projects of the same system (with similar size and scope). This documentation may be requested for the purpose of reviewing and evaluating bids and failure to provide requested documentation may result in disqualification of bid. C. Roof system including membrane, insulation, clad metal, copper, sheetmetal, and accessory components shall be installed in a watertight condition and with an overall quality of system installation that will allow the membrane and flashings to continue to perform in a watertight condition, with reasonable maintenance, over the system manufacturer warranty period. Work must be performed by persons qualified to produce workmanship of the above quality. Project Manager and Project Superintendent must have specific experience with the system(s) to be installed and on projects of similar size and complexity. D. Contractor must maintain the same Project Manager and Superintendent throughout the project duration unless a change is reviewed by and agreed upon by the Owner. The Contractor must replace the Project Manager or Superintendent if specifically requested by the Owner due to concerns with quality of workmanship or inattentiveness to the requirements of the project. If work is being completed by a subcontractor, the prime contractor must have a representative present on site while subcontracted work is underway. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 014000.2 – QUALITY CONTROL Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 E. For the purpose of safety and communication, the Contractor shall have a minimum of one bilingual person on site at all times if any crew member to be present on-site does not speak fluent English. Designated translators must have identification of this role clearly visible while on site. F. A representative of the contractor must be present on site full time during work performed by their subcontractor and shall be responsible for ensuring that their subcontractor’s following the site and building requirements for this project including site access, work hours, etc. to minimize disruption to the building occupants and public. 1.03 MANUFACTURER’S SERVICES AND INVOLVEMENT A. The Contractor shall be responsible for providing the design documents to the manufacturer to allow for review and approval regarding design intent and to confirm ability of their system to meet specified requirements and specified system warranty prior to provision of a bid for the project. Failure of a particular roof system to meet the requirements of the specifications, or failure of the manufacturer to provide intent to warranty for the project may result in the requirement for the Contractor to utilize another conforming roof system manufacturer’s products at no additional cost to the Owner. B. Comply with the manufacturer’s installation instructions, including each step in proper sequence. Should manufacturer’s instructions or detail requirements be less stringent that the Contract Documents, use the more stringent requirements. If the manufacturer’s instructions or detail requirements conflict with the Contract Documents, request clarification from the Engineer before proceeding. 1.04 ENGINEER’S CONSTRUCTION OBSERVATIONS A. Contractor shall notify Engineer weekly of significant project activities. Contractor must notify Engineer a minimum of 48 hours prior to specific activities for which the Engineer wishes to be present. The applicable activities will be defined by the Engineer during the Pre-Construction Meeting, but may include first day of tear-off and replacement on specific roof areas or installation of specific details, and independent inspections or testing by the manufacturer or other parties. If Contractor fails to notify Engineer to allow for observation, Engineer may request to observe work, including covered work, to confirm conformance with contract documents at no additional cost to the Owner. B. Contractor shall provide reasonable access, personnel and equipment required by Engineer to observe the Work. 1.05 WARRANTY AND GUARANTEE A. Provide a Contractor’s Five-Year Warranty for all of the work included in this project. The Contractor shall warrant workmanship, materials, and weathertightness of the roof system against defects due to faulty materials, poor workmanship, or work not installed in conformance with project technical requirements or level of quality as required by the general and supplemental conditions. Warranty must cover repair of distresses that are discovered in the roof system or other installed work whether or not they are actively causing water entry into the system or building. The warranty will extend for a period of sixty (60) months from the date of Final Completion. The provided warranty shall be in addition to and independent from the roof system manufacturer’s warranty. The Contractor shall include language DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 014000.3 – QUALITY CONTROL Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 in the warranty setting the maximum response time to a warranty complaint by the Owner to 24 hours for emergency conditions and five (5) working days for non-emergency conditions, unless otherwise agreed upon by the Owner. Refer to specific sections of this specification for any additional warranty requirements. B. Install roofing systems to allow for issuance of manufacturer’s warranties as required by specific sections of these specifications. C. When specified in respective Specification Sections and/or required to obtain specified system warranty, require the manufacturer to provide qualified personnel to observe field conditions, conditions of surfaces and installation, quality of workmanship, as applicable, and to make appropriate recommendations. A minimum of 3 visits to the site (plus 1 final/warranty inspection) by the roof system manufacturer’s technical representative are required. Representatives of the manufacturer shall submit written reports observations and recommendations during field services. A copy of the manufacturer’s report must be provided to the Engineer within 2 days of receipt by the Contractor. D. Should workmanship samples or specific system testing be required by the manufacturer issuing a warranty, contractor shall provide such testing or sampling. If, for any reason, deficiencies are found within the system during sampling or testing, the Contractor shall, at his expense, make repairs and replacements as necessary, to correct deficiencies and satisfy the requirements of the manufacturer issuing the warranty. PART 2 PRODUCTS - Not Used. PART 3 EXECUTION - Not Used. END OF SECTION 014000 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 015000.1 - CONSTRUCTION FACILITIES Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 SECTION 015000 CONSTRUCTION FACILITES PART 1 GENERAL 1.01 SITE CONDITIONS AND PRE-JOB DAMAGE SURVEY A. The Contractor is to accept the building “as is” and shall exercise care to protect existing utilities, site, and building components. Verify existing conditions and notify Owner and Designer should the conditions vary significantly from those described in the technical specifications and drawings. Should minor conditions be encountered which are not exactly as indicated, modification to accommodate new work shall be made as required at no additional cost to the Owner. B. The Contractor shall perform and submit a Pre-Job Damage Survey to document existing conditions and specific damages/defects to existing building or building components. Pre-Job Damage Survey shall be provided in accordance with Section 024110 of these specifications and must be completed prior to the start of staging, storage, or material delivery to the site. 1.02 TEMPORARY FACILITES A. Temporary Water: Water for construction will be furnished by the Owner from existing facilities if exterior connections are available, functioning, and adequate for use. Required connections and extensions for temporary use shall be provided by the Contractor from a point designated by the Owner. Temporary connection to existing water must be turned off and disconnected with not in use or when Contractor is not on site. Abuse of water privilege shall be grounds for cancellation of same by Owner. Contractor will be responsible for providing water if existing facility connections do not exist, are not functioning, or are inadequate for the needs of the Contractor during the project. If provision of temporary water is critical to installation or proper equipment function, the Contractor is responsible for confirming existing availability prior to bidding and should provide, as a part of his work and within his Base Bid, any supplemental water required for proper installation of the work. B. Temporary Power: Power for construction will be furnished by the Contractor unless otherwise agreed upon by the Owner. If the Owner agrees to provide temporary power, and existing exterior power supply is adequate for required equipment and installation, the required connections and extensions for temporary use shall be provided by the Contractor from a point designated by the Owner. The Contractor shall provide required distribution boxes, grounding requirements and breaker protection. Contractor shall be responsible for the coordination and cost of any required inspection of temporary power components. Abuse of power privilege shall be grounds for cancellation of same by Owner. The Contractor must provide a dedicated generator for use during heat welding of the thermoplastic membrane with an automatic robot welder. C. Toilet Facilities: Provide temporary toilet facilities meeting the requirements of the Health Department with authority. Contractor’s personnel shall not use Owner’s toilet facilities. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 015000.2 - CONSTRUCTION FACILITIES Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 D. Sanitary Facilities: Provide temporary containers to dispense drinking water and general washing facilities for construction personnel meeting the requirements of the Health Department with authority. Contractor’s personnel shall not use Owner’s restroom facilities. E. Existing Utilities: On-site underground utilities shall be located and marked by an independent locating service at the Contractor’s expense. Location and marking are necessary if excavation work will be performed or if heavy equipment, vehicle, or other construction traffic will occur over portions of the site. Contractor shall pay for damage to interruption of any utility service due to construction activities. 1.03 ACCESS TO THE SITE A. Access to the site and parking may be restricted to storage and staging areas as designated on the design drawings or as otherwise required by the Owner. Provide all Contractor employees with visible identification (badges, shirts, or hardhats) bearing the name of the Contractor and/or employee. Employees not displaying identification may be required to leave the site. B. Contractor’s personnel shall coordinate with the Orange County Asset Management point of contact prior to performing work on the building interior. Contractor’s personnel shall only communicate with designated personnel at the site. Conduct by the Contractor’s personnel that causes any complaint will result in the permanent removal of the offending individual(s) from the site. 1.04 PROTECTION AND RESTORATION A. Perform a Pre-Job Damage Survey prior to the start of construction in accordance with Section 024110 of this Project Manual. Protect existing building, adjacent buildings, walkways, grass areas, landscaping, paved and concrete parking lots, brick pavers, and other site features and equipment from damage as a result of construction operations. Any damaged items or conditions not documented in the Pre-Job Damage Survey to have been existing prior to the start of construction, shall be considered to have been damaged by construction activities and shall be restored to their original condition, or replaced, at no cost to the Owner. Whenever demolition, patching or restoration is required for completion of the work, provide protection of site and building features regardless of being shown or not shown on the drawings. Repair of grass areas, walkways, landscaping and other site features damaged by construction activities shall be performed to the satisfaction of the Owner to meet the condition of the feature prior to construction activities. It is recommended that the Contractor discuss expectations for landscaping and grass repair, and/or sodding with the Owner during bidding, and prior to the start of work. B. Protect interior finishes, equipment and other building user property located inside the building as necessary. Contractor shall be responsible for damages resulting from construction activities including damages to interior finishes, County property, and personal property of building occupants within the building. In areas where the underside of the roof deck is exposed to the interior, the Contractor must place temporary protection (loose plastic) over interior contents in the area(s) directly beneath the roof area to be removed. Plastic should be removed at the end of the work day. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 015000.3 - CONSTRUCTION FACILITIES Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 C. Provide temporary weather and debris protection at all locations where existing building materials are removed. Contractor shall be responsible for damages resulting from inadequate protection and entry of water, debris or other items into the interior spaces. Refer to specific roof system specification sections for additional requirements for weathertightness during construction. D. Provide barriers around trees, plants and ground-mounted equipment. Tree protection fencing must be installed at all trees located in the general vicinity of staging and storage, anticipated equipment traffic routes, dumpsters and other construction activities unless otherwise agreed upon with the Owner’s representative. Protect trees, landscaping, grass areas and other site vegetation against vehicular traffic, stored materials, chemically injurious materials, and puddling or continuous running water. E. Comply with OSHA and other applicable safety regulations. Contractor shall be solely responsible for the safety and health of its employees. F. Provide temporary protection against damage of both stored and installed products. Damaged materials or products shall be removed from the site and replaced at no cost to the Owner. G. Limit traffic and storage to areas located on the site plan and agreed upon by the Owner’s representatives. H. Roof replacement must be sequenced to limit foot and equipment traffic over areas of new roof system installation. Where foot and equipment traffic over the existing roof system is unavoidable, provide protective walkways or other methods to adequately protect the new materials. The Contractor is responsible for leaks in the existing roof system caused by or exacerbated by construction traffic. 1.05 SITE CLEANING A. Clean debris from construction activities daily at minimum, and directly following the end of a work shift. Place debris in closed containers for removal from the site. B. Clean up shall include removal of mud, oil, sand, dirt, trash, scrap, debris, and excess materials from any areas outside of designated and barricaded storage area. C. Cleaning of site and removal of debris shall be to the satisfaction of the Owner. Windy conditions that cause blowing of materials or debris may require the Contractor to put in place more restrictive cleaning and protection requirements. 1.06 STORAGE AREA A. Limited storage and staging area will be provided on site as shown on the project drawings and coordinated with the Owner. It is the Contractor’s responsibility to adequately secure stored materials and equipment. Install chain link fencing around the main staging and material storage area. Fencing should include necessary gates. Chain link fencing installed shall be a minimum of 6’ tall, have movable bases and shall not be installed such that existing concrete or asphalt surfaces are damaged. At isolated staging and access areas, provide 3’ tall orange snow fencing surrounding the perimeter of the area. Fencing must have movable bases if located on concrete or asphalt. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 015000.4 - CONSTRUCTION FACILITIES Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 Alternate fencing must be discussed with and agreed upon by the Owner. Remove evidence of use and leave area and entire limits of site clean upon completion of the project. Restore areas damaged by stored materials to original condition. B. Contractor shall load materials onto the roof when areas below loading area are unoccupied by building occupants unless otherwise coordinated with the Owner. It is the responsibility of the Contractor to space materials stored on roof such that they do not overload the existing roof deck and structure. Storage of materials on the roof surface shall be limited to those expected to be installed within 5-7 work days unless discussed with and agreed upon by the Owner and Designer. C. Contractor shall not stockpile removed materials on site. D. The Contractor is responsible for scheduling delivery of materials to the site to allow for continued work and taking into consideration the size and location of storage area. Contractor shall obtain and pay for use of additional storage or work areas if needed for operations under this Contract. E. No Contractor sign or advertisement shall be allowed to be displayed without the Owner and Designer’s approval. PART 2 PRODUCTS – NOT USED PART 3 EXECUTION – NOT USED END OF SECTION 015000 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 016000.1 – MATERIALS AND EQUIPMENT Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 SECTION 016000 MATERIALS AND EQUIPMENT PART 1 GENERAL 1.01 TRANSPORTATION AND HANDLING A. Provide equipment and personnel to handle products by methods to avoid product damage. Deliver products in undamaged condition in the manufacturer’s unopened and marked containers or packing. B. Promptly inspect shipments to assure that products comply with specified requirements, quantities are correct, and products are undamaged. 1.02 STORAGE AND PROTECTION A. Store products in accordance with the manufacturer’s instructions, with seals and labels intact and legible. Products requiring fire resistance classification shall be delivered and stored with labels attached and packaged as required by labeling. B. For exterior storage of products, place on sloped supports above the ground. Cover products with impervious sheet covering and provide ventilation to avoid condensation. Maintain temperature and humidity ranges required by the manufacturer for each product. C. Store loose or granular materials on solid surfaces in a well-drained area and prevent mixing with foreign matter. D. Arrange storage to provide access for inspection. Periodically inspect materials to assure products are undamaged and are maintained under required conditions. E. Select and operate material handling equipment so as not to damage existing construction and/or materials. Protect materials against construction traffic. F. Materials that are damaged or that become saturated shall not be used and shall be removed from the project site. The Designer reserves the right to mark damaged or wet materials and require immediate disposal/removal of material. G. The Contractor shall not load more materials on the roof than can be installed within 5-7 working days, unless otherwise approved. Materials shall be distributed and not stacked. Gasoline storage containers, open cleaners, or other flammable or volatile materials shall be removed from the roof daily. H. Payment by the Owner for any materials, equipment or labor incorporated in the work shall not be deemed to be an acceptance by the Owner. The risk of loss of such materials, equipment or cost of labor spent to install such, shall remain with the Contractor. Stolen, damaged, vandalized, missing, or weather-damaged equipment, material, and work shall be considered the property of the Contractor until final acceptance of the project by the Owner. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 016000.2 – MATERIALS AND EQUIPMENT Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 I. No payment by the Owner will be made for any material not physically located on the site unless the storage of such material can be verified by the Designer and is marked specifically for the project use and scheduled for installation within 30 days of payment request. 1.03 SUBSTITUTIONS AND PRODUCT OPTIONS A. Products Specified by Reference Standards or by Description Only: Provide a product meeting those standards. The Owner and Engineer reserve the right to require confirmation by the roof manufacturer that their system/products intended for use meet the requirements of the specifications prior to award of the contract. Failure of the contractor to provide requested confirmation may result in disqualification of their bid. B. Products Specified by Naming Several Manufacturers: Provide a product of named manufacturers meeting specifications: Requests for product substitutions must be made in writing for any manufacturer not specifically named in accordance with the following requirements in paragraphs 1.03C, D, E, F, and G. When a minimum of three approved manufacturers/products are listed, the Engineer reserves the right to not accept any requests for manufacturer/system substitutions. C. If the Engineer will allow requests for substitution of the roof membrane/system and manufacturer from those listed in the applicable section of these specifications, requests must be submitted no less than ten (10) days prior to the bid date. Requests must be made by the Contractor, requests from suppliers or manufacturers will not be reviewed. D. Each written request for a substitution shall be submitted with complete data substantiating compliance of proposed substitution with the technical specifications and drawings. E. The request shall constitute that the Contractor: 1. Has investigated the proposed product and determined that it meets or exceeds, in all respects, specified product and provided documentation to Engineer. 2. Will provide the same warranty as the specified product. 3. Will coordinate installation and make any other change that may be required for work to be complete with substituted item. 4. Waives claims for additional costs that may subsequently become apparent due to use of substituted item. F. Substitutions will not be considered when they are included without identification as a substitution or implied on shop drawings or product data submittals without separate written request, or when acceptance will require substantial revision of technical specifications. G. The Designer will determine acceptability of proposed substitution, and will notify the Contractor of acceptance or rejection in writing within a reasonable time. PART 2 PRODUCTS – NOT USED PART 3 EXECUTION – NOT USED END OF SECTION 016000 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 017700.1 – PROJECT CLOSEOUT Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 SECTION 017700 PROJECT CLOSE-OUT PART 1 GENERAL 1.01 SUMMARY A. When Contractor considers Work to have reached completion, submit written certification that Contract Documents have been reviewed, the Contractor has inspected Work, and that Work is complete in accordance with Contract Documents and ready for Engineer's inspection. For the purpose of requesting a pre-final inspection, “completion” is defined as the performance of all of the work items listed in the Project Manual and as required for proper installation of the roof system. B. Designer shall make one pre-final inspection during which a list of incomplete items, or items requiring repair (punchlist) will be compiled. Upon completion of punchlist items, the Contractor submit in writing that completion of the punchlist items has been confirmed by the Contractor and is ready for the Designer’s final inspection. The Designer will perform the Final Inspection to confirm completion of outstanding punchlist items. C. If the Contractor fails to complete contract on time, the Owner reserves the right to assess liquidated damages in accordance with the Supplementary Conditions of the Contract. D. If the Contractor fails to complete contract on time, additional restrictions from the Owner to work schedule, noise, storage, staging, and other site and building restrictions may apply. E. In addition to post-job submittals required by Section 013300, provide any submittals required by governing authorities, and submit a final statement of accounting giving total adjusted Contract Sum, previous payments, and sum remaining due. F. Designer will issue a final Change Order reflecting approved adjustments to Contract Sum not previously made by Change Order. 1.02 FINAL CLEANING A. Execute final cleaning of the roof membrane surface and all components prior to performance of the Pre-Final inspection. Execute final cleaning of the site and punchlist repair areas prior to requesting the final inspection. B. Clean interior and exterior surfaces exposed to view; remove temporary labels, stains and foreign substances. C. Clean site: sweep paved areas, rake clean other surfaces affected by the work, storage or access. Contractor may be required to re-sod areas of grass that are killed/damaged as a result of construction activity if required by the Owner to return site conditions to their original condition. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 017700.2 – PROJECT CLOSEOUT Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 D. Remove waste and surplus materials, rubbish, and construction facilities from the Project and from the site. 1.03 PROJECT RECORD DOCUMENTS A. Keep a record document set on site stored for protection from construction activity. B. Keep record documents current; do not permanently conceal any changed work until required information has been recorded. C. At Contract close-out, submit record documents (as-built drawings) as indicated in Section 013300 with transmittal letter containing date, Project title, Contractor's name and address, list of documents, and signature of Contractor. Record drawings with handwritten red-line mark-ups are acceptable for submittal to fulfill this requirement. 1.04 OPERATION AND MAINTENANCE DATA A. Provide data for roof systems and other installed equipment in accordance with Section 013300. 1.05 WARRANTIES AND BONDS A. Provide required contractor and manufacturer’s warranties in accordance with Section 013300. PART 2 PRODUCTS - Not Used. PART 3 EXECUTION - Not Used. END OF SECTION 017700 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 024110.1 – SELECTIVE DEMOLITION Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 SECTION 024110 SELECTIVE DEMOLITION PART 1 GENERAL 1.01 WORK INCLUDED A. Perform a Pre-Job Damage Survey prior to the start of work on-site including mobilization of equipment, material delivery, and set-up of storage and staging areas. B. Water test internal roof drains prior to the start of demolition for roof replacement to confirm that they appear to be in working order (not clogged or damaged in a way that causes the back-up or slow flow of draining water). Remove visible debris from the drain bowl and leader. Notify the Designer and Owner if water testing indicates a blockage or damage beyond the visible portion of the drain leaders. C. Confirm working order of mechanical units located on the roof as a part of the Pre-Job Damage Survey. D. Provide labor, materials, equipment, and supervision necessary to perform selective demolition, which includes, but is not limited to the following: a. Remove the existing modified bitumen roof membrane, insulation, flashings, edge metal, and accessories down to the existing deck and dispose of off-site. Dispose of materials off-site unless otherwise coordinated with the Owner. b. If existing wood blocking is present and is damaged or deteriorated, repair/replace the blocking or plywood in accordance with Section 061140. c. Inspect the existing roof deck and make repairs where damage/deterioration is observed in accordance with Section 024110 and Section 061140. d. Provide mechanical, electrical, plumbing, and other services as needed to accomplish disconnection, reconnection, modification, recharging, or extension of utility or control services (including ductwork) at any roof-mounted equipment associated with lifting/raising or modifying to accept the new roof system. Coordinate with the facility maintenance staff to schedule temporary shutdown of the units and to prevent damage to the units. Upon completion of work confirm proper working order with the Owner. E. Protect components that will remain for reuse, including, but not limited to, existing plywood and blocking, membrane, roof deck and structure, exterior walls, pipe vents, and downspout boot connections to underground drainage lines, etc. during removal of the required system components. F. Provide other demolition whether or not indicated on the drawings or in the specifications as required to perform proper installation of the specified roof system and associated components. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 024110.2 – SELECTIVE DEMOLITION Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 1.02 PRE-JOB DAMAGE SURVEY A. Contractor shall perform a pre-job damage survey of the rooftop equipment and features, building exterior, site, pavements, and building interior to document existing damaged conditions prior to beginning work. B. Contractor shall submit required documentation, including either video footage of the survey and/or photographs and sketches, as necessary to adequately describe the location of existing conditions and defects and to verify the date of the survey. C. The Owner and/or Engineer will not review and approve items documented in the Contractor’s pre- job damage survey unless specifically requested by the Contractor. D. The Contractor shall be responsible for repair or replacement of materials that are damaged during construction activities and are not documented to have been existing prior to beginning the work. Items/materials that are damaged shall be returned to their original condition prior to construction activities. If return to original condition is not possible/practical, Contractor shall replace item/material with new as approved by the Engineer and the Owner. 1.03 PROTECTION A. Limit size of work sections to safeguard adjacent materials, structures, etc. and to minimize dust, noise, and water damage. B. Protect existing site and facilities from damage during work. Do not overload existing paving, curbs, sidewalks, etc. with vehicle traffic. Do not overload new or existing construction with demolition debris, equipment, etc. C. Material and debris shall be transported to and from the roof by crane, hoist, or forklift. The equipment shall be operated by a certified operator. D. Damage shall be repaired at the Contractor's expense. E. Contractor shall furnish necessary temporary protection from weather at all areas of demolition to protect interior of building from elements of weather at all times. Install specified roof system(s) and tie in to existing roof system as needed to make roof watertight daily. F. Debris will not be allowed to accumulate on the roof or on-site. Debris shall be removed from the roof daily. G. The Contractor shall not load more materials on the roof than can be installed that day, unless otherwise approved by the Owner or Owner’s represented. Materials shall be distributed and not stacked. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 024110.3 – SELECTIVE DEMOLITION Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 PART 2 PRODUCTS A. Steel Deck Replacement: Shall match existing profile, gauge, type and meet ASTM A653 designation G90 galvanized and coated on both sides of sheet. B. Steel Deck Repair: Shall be a minimum of 2 layers of 22 gauge galvanized steel sheet. C. Fasteners (Metal Deck): Shall be corrosion resistant, self-tapping hex head screws. D. Rust Inhibitor: Shall be similar to Rust-O-Leum metal primer. PART 3 EXECUTION 3.01 PRE-JOB DAMAGE SURVEY A. Contractor shall perform a pre-job damage survey of the existing rooftop and site components including roof, building exteriors, walkways, pavers, pavements, site features, landscaping, grass, and building interior finishes to document existing damaged conditions prior to beginning work. It is recommended that the Contractor coordinate with the Owner’s representative to have the current working condition of any roof-mounted equipment/fans to remain confirmed as a part of the Pre- Damage Survey. B. Contractor shall submit required documentation, including either videotape footage of the survey and/or photographs and sketches, as necessary to adequately describe existing conditions and to allow for the location of noted defects. If no time stamp is provided on documents, it is critical that the Contractor submit the Pre-Job Damage Survey to the Engineer prior to the start of work. Video of the existing conditions is acceptable as long as the footage is narrated to describe conditions observed and footage is taken at the proper distance and focus to make described conditions visible. C. It shall not be the responsibility of the Owner and/or Engineer to review or approve the contents of the Contractor’s Pre-Job Damage Survey. The contractor may request that the Engineer or Owner accompany them to observe a specific condition if there are questions or adequate documentation by video or photographs may not be feasible. D. The Contractor shall be responsible for repair or replacement of materials that are damaged during construction activities and were not documented within the Pre-Job Damage Survey to have been damaged prior to beginning the work. Items/materials that are damaged shall be returned to the condition they were in prior to construction activities. If return to pre-construction condition is not possible/practical, Contractor shall replace item/material with new to the satisfaction of the Engineer and Owner. 3.02 DEMOLITION A. Water test drain lines in conjunction with the Pre-Job Damage Survey. The purpose of the test is to confirm that water flows freely into the drain lines without evidence of clogging, or backup prior to the start of demolition work. One drain has been identified to be clogged and this drain should be cleaned to allow for drainage of water as a part of the testing. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 024110.4 – SELECTIVE DEMOLITION Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 B. Notify the Engineer and Owner of suspected or observed damage/clogging of drainage leaders not already identified. C. Demolish indicated areas in an orderly and careful manner. Protect existing structural members. D. Inspect existing roof deck where exposed. Notify Owner/Owner’s representative of areas of deteriorated, corroded, or damaged deck. E. The Owner’s representative or Designer and Contractor shall document the actual quantity of allowance work used. If the Owner’s representative or Designer is not available, a photograph of the material to be replaced must be taken and the material set aside for observation. The Contractor shall not be reimbursed for any material not verified properly. F. Deck or substrate confirmed to be damaged shall be replaced or repaired prior to installing new roof system. Replace damaged deck or substrate with new material of profile, size, and type to match existing as closely as possible. G. Do not remove more existing roof system materials than can be replaced with new materials to a watertight condition by the end of the same work day. Contractor shall have ready necessary temporary protection from weather at all areas of demolition to protect interior of building from elements in the event of unexpected inclement weather. H. Cease operations and notify the Owner immediately if adjacent buildings, finishes, or structures appear to be endangered. Do not resume operations until corrective measures have been taken. I. Clean all dust and debris from the exposed substrate. Debris will not be allowed to accumulate on the roof surface and must be removed from the roof daily. Material and debris shall be transported to and from the roof by crane, hoist, or forklift unless otherwise approved by the Engineer or Owner. If crane is used, it shall be operated by a certified crane operator. J. Provide wind screens or other protection as necessary to prevent windblown debris from the roof surface or from dumpsters. K. Drag a magnet on the ground daily to remove the fasteners and metal pieces. Dispose of all debris daily. L. Debris must be removed from the site daily unless enclosed by a dumpster, trailer, or other sided container that can be covered if necessary to prevent blowing debris. Do not stockpile materials on the site unless agreed upon with the Owner’s representative. Do not burn or bury materials on site. M. Contractor shall acquire repair materials on site prior to start of demolition to avoid delay in repairs. N. Estimated quantities of work are included in the Base Bid per Section 012100 for existing components that may require repair/replacement. At project completion, or completion of particular project milestones, the actual quantities work performed will be compared with the estimated quantities to determine if changes to the contract sum (addition or deduct) may be DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 024110.5 – SELECTIVE DEMOLITION Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 required. To ensure that accurate quantities of work performed are included in this comparison, the Contractor must provide specific documentation of work type, quantities, and confirmation that work was warranted. Documentation can include review of existing conditions or work performed (prior to covering) by the Contractor and Engineer (or Owner’s representative) with agreed upon quantities photographed and documented in the Engineer’s site visit report. If the Engineer is not available, the Contractor is responsible for photographing the damaged/deteriorated materials/conditions and photographing the repaired/replaced materials (with scale to allow for confirmation of measurements) of the material and submitting these to the Engineer at the next site visit or progress meeting. If approved by the Engineer, it may be acceptable to stockpile removed deterioration component/material (when applicable) until confirmation by the Engineer can be made. Payment for work performed (or consideration of work performed toward the estimated quantities) may not be provided without proper documentation. O. Raise all penetrations as needed to finish a minimum of 8″ above the finished roof surface. P. Do not burn or bury materials on site. 3.03 METAL DECK REPAIR/REPLACEMENT A. Metal Deck Repair: Deteriorated or damaged areas greater than 2″ and less than 12″ square or diameter or less shall be repaired with either 16 gauge steel sheet or two layers of 22 gauge metal. Sheet shall be sized to extend a minimum of 6″ on all sides beyond the size of the deficient area. Secure sheet to top of existing deck flange with fasteners, minimum 3 per side equally spaced. B. Metal Deck Replacement: Deteriorated or damaged areas greater than 12″ but less than 24″ square or diameter shall be repaired with decking. Decking shall be sized to extend a minimum of 12″ on all sides beyond the size of the deficient area. Nest new deck and secure to existing deck with fasteners, minimum 3 per side equally spaced and one in each flute. C. Metal Deck Replacement: Deteriorated or damaged areas greater than 24″ square or diameter shall be repaired with metal deck. Replacement deck shall extend a minimum of three spans. Permanently anchor units to joist and fasten side laps by the end of each working day. At a minimum, fasten every other rib at all supports in the field and 12″ o.c. along laps. At a minimum, fasten every rib at all supports and 6″ o.c. along laps at perimeters and corners. D. Immediately after placement and alignment, and after correcting inaccuracies, permanently fasten steel deck units to structural supports and to adjacent deck units with screws at 8″ on center. Attachment of adjacent deck units by button-punching is prohibited. 3.04 METAL DECK RESTORATION A. Wire brush and sweep all loose rust from affected area. Areas of deck evidencing pinholes shall be replaced in accordance with the requirements of this Section. B. Install one coat of rust inhibitor to affected area. C. Allow area to dry before proceeding with roof system installation. END OF SECTION 024110 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 061140.1 – ROUGH CARPENTRY Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 SECTION 061140 ROUGH CARPENTRY PART 1 GENERAL 1.01 WORK INCLUDED A. Provide labor, materials, equipment, and supervision necessary to complete the following work: 1. Install new wood blocking on top of the parapet wall, along gutter, edge metal, and where shown on the drawings and install plywood on the parapet wall at the locations shown on the detail drawings. 2. Wood framing modifications for hatch and ladder installation. Refer to section 077200. 1.02 QUALITY ASSURANCE A. Contractor shall provide sufficient qualified workmen and supervisors who shall be present at all times during execution of this portion of the work and who shall be familiar with the type of construction involved and the materials and techniques specified. B. The Owner shall make no allowance for lack of skill of the workmen. 1.03 SUBMITTALS A. Submit product data and SDS for each product listed in this specification section and others required by the roof membrane manufacturer for a complete installation of the work. B. Submit product data for each fastener type to be used in the securement of the blocking to roof deck, steel, or masonry, or other blocking, along with a physical sample of each fastener type (if requested). Clearly mark product data sheets to confirm fastener type, length, and location of intended use. The Contractor may re-submit additional fastener types and data if any change to the fasteners to be used occurs. 1.04 DELIVERY, STORAGE, AND HANDLING A. Deliver roofing materials, insulation, and accessories in manufacturer’s original protective containers with labels intact and legible. Comply with manufacturer’s published instructions for storage and handling. B. Store materials in dry protected areas, on clean, raised platforms with securely anchored weather protective coverings in accordance with Section 016000. C. Store flammable products away from sparks or open flames. D. Maintain temperature and humidity ranges required by the manufacturer for each product. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 061140.2 – ROUGH CARPENTRY Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 PART 2 PRODUCTS 2.01 MATERIALS A. Wood Blocking (Treated): Shall be No. 2 or better southern yellow pine, kiln-dried prior to and to a moisture content of not more than 19 percent. Shall be sound, thoroughly seasoned, dressed to nominal finish dimension, and free of warpage, cupping, and bowing. All nailers and other blocking associated with the roofing installation shall be pressure treated with 0.40 pcf retention of alkaline copper quaternary (ACQ) and shall conform to AWPA Standard U1, to the requirements of use category for ground contact. Asphaltic or creosote preservatives shall not be used. The presence of AWPA mark confirming preservative type and retention (use category) on each piece is required. Where full penetration of ACQ is not evident, field cuts shall be coated in accordance with AWPA standard U1. Dimensions shall be determined by job conditions. Site-sawn ends shall be treated with one coat of preservative treatment. B. Wood Roof Deck: Shall match existing size, type and length. C. Plywood: Shall be stamped APA-rated CDX (C side out), smooth-faced, exterior grade (Exposure 1 minimum). For plywood installed to repair/replacement existing materials, match the existing plywood thickness (field verify) exactly to maintain a flush surface with surrounding materials. For new plywood, provide a minimum 3/4″ thickness. D. Wood Deck Repair: Shall be a minimum of 2 layers of 22 gauge galvanized sheet. 2.02 ACCESSORIES A. Fasteners specified shall be the minimum required product. If a condition exists that does not match a fastener condition or type listed below, the Contractor may submit a separate type and profile of fastener for review. All fasteners to be used to secure treated wood products must be a stainless steel. B. Wood to masonry/concrete: Minimum 1/4″ diameter stainless steel masonry/concrete anchors. Where additional wood blocking, roof membrane, or sheetmetal flashing will cover the secured wood component, anchor heads must be either countersunk or otherwise finish flush with the surface of the wood. Minimum embedment into the substrate shall be 2″, unless otherwise required by the manufacturer to meet required pull-out resistance. Pre-drill for fasteners as required/recommended by the manufacturer, or necessary to prevent spalling of the substrate material. Plastic or nylon anchors shall not be allowed. Fastener spacing shall not exceed 12″ on center unless otherwise noted on the drawings. C. Wood to steel angles: Minimum self-tapping, 410 stainless steel 1/4″ no. 14 screws and a minimum of 2.5″ long. Use a flat head screw. D. Wood to metal (general): Minimum self-tapping, stainless steel no. 12 screws. Where additional wood blocking, roof membrane, or sheetmetal flashing will cover the wood component, anchor heads must be either countersunk or otherwise finish flush with the surface of the wood. Minimum fastener penetration shall be 1″, unless otherwise required by the manufacturer to meet required pull-out resistance. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 061140.3 – ROUGH CARPENTRY Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 E. Wood to wood: Minimum No. 10 stainless steel wood screws. Where additional wood blocking, roof membrane, or sheetmetal flashing will cover the wood component, fastener heads must be either countersunk or otherwise finish flush with the surface of the wood. Minimum fastener penetration into the wood blocking substrate below shall be 1-1/4″. F. Fastener spacing is generally indicated on the design details, but if fasteners are not specifically shown or spacing not noted, provide a maximum 12″ on center staggered for wood blocking with 2 fasteners at each end or 1 fastener for each 2 square feet for plywood, unless otherwise required by the roof system manufacturer. G. Floor joist hangers: Shall be galvanized hangers similar to Simpson LU210. Use 3-inch coated deck screws for securing joist hangers to new wood blocking and girder. Nails for joist connectors: Shall be nails of type and size as required by connector manufacturer. PART 3 EXECUTION 3.01 INSPECTION A. Verify that existing construction is sound and dry so as to adequately support new roofing components. B. Verify that curbs are sound, firmly anchored, smooth, and clean on surfaces scheduled to receive new nailers. C. Verify that surfaces of masonry walls are level, sound, firmly anchored, and smooth. D. The Owner’s representative and the Contractor shall document the actual quantities of materials installed when existing deteriorated materials must be replaced. 3.02 INSTALLATION – NAILERS AND BLOCKING A. Verify that existing construction is sound and dry so as to adequately support new components. B. Install wood perimeter blocking where shown on the drawings or indicated in the specifications. Cut blocking to size where shown on the drawings or required for proper installation of the work. C. Install new wood blocking at other locations as shown on the drawings or required by the roof system manufacturer for proper installation of the details. D. Fasten existing wood nailers, blocking, etc., at spacings to comply with new membrane manufacturer’s latest written instructions or the fastening requirements provided in this specification section, whichever is more stringent. Wood blocking and nailers shall be securely anchored to the roof deck to resist a minimum uplift force of 300 pounds per linear foot, but no more than 12″ o.c. apart. If fastener pull-out values performed by the Contractor prior to start of work indicate that specified fastening patterns will not meet this requirement, increase the number of fasteners as necessary to meet requirement. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 061140.4 – ROUGH CARPENTRY Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 E. Anchor new and existing perimeter nailers in accordance with FM Loss Prevention Data Sheet 1-49. Anchors shall be countersunk to provide a flush finish. F. Fasteners shall be positioned 6″ from each end and a maximum of 12″ on center and staggered 1/3 the nailer width. Two fasteners shall be installed at ends of nailer lengths. Wood nailer pieces shall be no less than 12″ in length and shall be secured with a minimum of two fasteners per piece. G. All nailers shall finish flush with the insulation. H. Install new wood materials true to line, level, plumb, and securely fastened to the approved substrate with fastener type and fastening requirements as specified. I. New wood nailers shall have a 1/4″ gap between each length. J. Where new or raised wood curbs are to be installed, corners shall be formed by lapping side members alternately. 3.03 WOOD DECK REPLACEMENT/REPAIR A. Wood Deck Repair: Deteriorated or damaged areas greater than 2″ and less than 12″ square or diameter or less shall be repaired with either 16 gauge steel sheet or two layers of 22 gauge metal. Sheet shall be sized to extend a minimum of 6″ on all sides beyond the size of the deficient area. Secure sheet to top of existing deck flange with fasteners, minimum 3 per side equally spaced. B. Wood Deck Replacement: Deteriorated or damaged areas greater than 12″ square or diameter shall be repaired with wood deck. Remove the existing deteriorated deck to span 2 beams. Report deck to be replace to Engineer/Owner. Secure new deck to structure at a minimum of 2 fasteners per beam. END OF SECTION 061140 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 075400.1 – THERMOPLASTIC SINGLE-PLY ROOF SYSTEM Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 SECTION 075400 THERMOPLASTIC MEMBRANE ROOFING PART 1 GENERAL 1.01 WORK INCLUDED A. Provide labor, materials, equipment and supervision necessary to install a new thermoplastic single- ply roof membrane system, flashings, and accessories following and accessories following removal and disposal of the existing roof materials. B. Install new fully-adhered, heat-welded thermoplastic roof system with flat/tapered insulation, cover board, membrane, base flashings, membrane-clad metal, and other associated components as required for proper installation of the overall system in accordance with these specifications and the roof system manufacturer’s installation instructions. C. Provide and install coping, sheetmetal flashings, counterflashings, other sheetmetal trim, and accessories in accordance with Section 076200. D. Provide and install other accessory or incidental components, or modify other roof features/items, not specifically listed or shown on drawings, but required for the complete and proper installation of the new roof system. E. The new roof system shall be watertight, must meet the requirements for UL Class A fire classifications, and shall meet the requirements for wind uplift as specified herein and in accordance with the North Carolina State Building Code and ASCE-7. The overall quality of roof system installation shall be sufficient to obtain the manufacturer’s specified warranty, meet recognized industry standards, and shall not include distresses or damages that may prevent the membrane and flashings to continue to perform in a watertight condition, with reasonable maintenance, over the 20-year manufacturer’s warranty period. 1.02 QUALITY ASSURANCE A. Obtain roof membrane, insulation, flashings and accessories, from a single manufacturer with not less than 10 years of successful experience in manufacture of a thermoplastic membrane meeting the specified requirements and without significant change to the chemical formulation. Provide other system components such as adhesives, fasteners, termination bars, pipe boots, and membrane-coated metal flashings, only as approved by manufacturer of primary membrane materials for the warranted system. B. Contractor shall be an approved/authorized applicator of the manufacturer for installation of the product to be installed. Approved status must be in-place prior to the bid date. Certification of the contractor’s status, or the status of a designated subcontractor, with the manufacturer may be requested for the purpose of reviewing and evaluating bids and failure to provide requested documentation may result in disqualification of bid. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 075400.2 – THERMOPLASTIC SINGLE-PLY ROOF SYSTEM Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 C. Use adequate number of skilled workmen who are trained and experienced in the necessary crafts and who are familiar with the specified requirements and the methods needed for performance of the Work. Contractor shall have a minimum of two (2) year’s experience with the installation of single- ply thermoplastic membranes with heat-welded seams. D. Comply with pertinent codes and regulations including recommendations contained in the most recent edition of the Manual of Low-Sloped Roofing and single-ply thermoplastic details published by the NRCA and the manufacturer’s written installation instructions. Where manufacturer or NRCA recommendations differ from the design specifications and drawings, the more stringent requirement will take precedence unless otherwise agreed upon with the Engineer. E. Unless otherwise agreed upon with the Designer and Owner, provide an on-site refresher course/training session by the manufacturer’s technical personnel to ensure the crew is capable of proper heat-welding of the manufacturer’s membrane. The Contractor may hold this training at their office in lieu of on-site only if approved with the Designer in advance. This requirement may be waived if the Contractor can provide confirmation from the manufacturer that the specific workers that will perform installation have undergone manufacturer-provided heat-welding training on their membrane within 6 months of the start date of the project. F. Provide a minimum of three on-the-job inspections and one final inspection by the manufacturer during membrane installation, technical assistance, and material application guidance as necessary to complete the roof membrane system installation in accordance with the membrane system manufacturer’s warranty requirements and these specifications. G. Aesthetic Considerations: An aesthetically pleasing overall appearance of the finished roof application is desired for this project. Make necessary preparations, utilize recommended application techniques, apply the specified materials, and exercise care in ensuring that the finished application is acceptable to the Engineer and Owner. 1.03 SUBMITTALS A. Submit written confirmation of contractor’s approved applicator’s status from the roof membrane system manufacturer if not provided as a part of the bid evaluation and approval process. B. Submit a 12″ by 12″ sample of roofing membrane, insulation board, coverboard, and other accessories, with manufacturer’s identification labels attached (only if specifically requested by the Engineer). C. Submit product data and SDS for each product listed in this specification section, for roof accessories, and for other products required by the roof membrane manufacturer for a complete installation of the work. D. Submit membrane manufacturer’s application manuals, which describe completely the preparation of surfaces and application of specified materials. E. Submit a tapered insulation layout. Layout plan must show drain sumps, crickets at upslope side of curbed units, and isolated supplemental taper and shall be confirmed on the layout by the contractor DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 075400.3 – THERMOPLASTIC SINGLE-PLY ROOF SYSTEM Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 prior to submittal to show actual intended installation and not be solely for the purpose of material take-off or ordering. F. Submit shop drawings showing detail, fabrication, and fastening devices for each condition encountered. (This includes, but is not limited to: perimeter and corner zone dimensions, insulation fastening patterns/adhesive patterns, general sheet layout, metal fabrication shapes, fastener types and spacing, and other specific components, etc.) Due to site-specific conditions, some design details may have non-standard conditions and standard manufacturer’s detail may not be applicable. Where non-standard conditions are present provide specific confirmation of acceptability by the warranting manufacturer. G. Submit a sample copy of the membrane manufacturer’s warranty and contractor’s warranty. Although the warranty may be a sample copy it should bear the project name and have any warranty lengths and applicable riders marked in to confirm it meets the specified requirements. 1.04 DELIVERY, STORAGE, AND HANDLING A. Deliver roofing materials, insulation, and accessories in manufacturer’s original protective containers with labels intact and legible. Comply with manufacturer’s published instructions for storage and handling. B. Store materials in dry protected areas, on clean, raised platforms with securely anchored weather protective coverings in accordance with Section 016000. C. Store flammable products away from sparks or open flames. Gasoline and open flammable materials shall be removed from the roof daily. D. Store roofing materials within temperature and humidity ranges recommended by the prior to use as recommended by the roof membrane system manufacturer. Protect material from freezing. 1.05 ENVIRONMENTAL REQUIREMENTS A. Proceed with roofing work only when weather conditions comply with roof membrane system manufacturer’s recommendations. Do not violate temperature limitations recommended by the manufacturer. 1.06 WARRANTIES A. Provide a Contractor’s Five (5) Year Warranty for work included in this project in accordance with Section 014000 of these specifications. B. Provide roof membrane system manufacturer’s twenty-year non-prorated, full system warranty covering labor, materials and workmanship of the roofing system against leakage and material defects. The warranty will extend for a period of twenty (20) years from the date of Final Completion. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 075400.4 – THERMOPLASTIC SINGLE-PLY ROOF SYSTEM Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 1. If the warranty includes exclusionary language for wind events such as “gale” or “hurricane”, the warranty shall clarify, or shall have an attached letter from the manufacturer to clarify, the maximum wind speed covered by the warranty. Warranty shall cover, at minimum, wind speeds up to 72 miles per hour. 2. The manufacturer shall replace insulation and other roof system materials which have been damaged by leakage when that insulation or material contains detrimental amounts of moisture. 3. The standard manufacturer's warranty shall not be voided by ponding or standing water. 4. The manufacturer’s warranty shall not require the signature of the Owner’s representative to be valid. 5. The Contractor must coordinate the number of site visits required by the manufacturer to issue the warranty. 6. A minimum of three visits and one final inspection to the site by a technical representative of the roof system manufacturer are required. The roofing contractor is solely responsible for scheduling site visits by the roof system manufacturer as necessary for the specific purpose of issuing the specified warranty. A copy of the manufacturer’s inspection reports and list of items requiring repair/completion shall be provided to the Engineer for review C. Manufacturer and Contractor warranties shall also state that the Owner has the right, at any time during the warranty period, to make emergency roofing repairs to protect the contents of the building or the building itself from damage due to leaking. Emergency repairs by the Owner shall be made in accordance with roofing industry standards for temporary repair but will not absolve the Owner of contacting the warranting Contractor or Manufacturer as required. If emergency repairs will not be allowed, the warranting entity must provide emergency response within the initial 12 hours for the Contractor Warranty and within 24 hours for the Manufacturer warranty following notification. PART 2 PRODUCTS 2.01 THERMAL BARRIER, ROOF INSULATION, AND COVERBOARD A. General: Provide preformed, thermal barrier, roofing insulation and cover boards that comply with requirements, selected from manufacturer’s standard sizes and of thicknesses indicated. Insulation and coverboard must be supplied by, or approved in writing by, the warranting manufacturer of the roof membrane system. B. Thermal Barrier: Shall be a non-structural, fire-rated, fiberglass-faced gypsum product with a silicone- treated, water-resistant gypsum core. Shall have factory-laminated fiberglass surface mats, front and back. Thickness of thermal barrier shall be 1/2″. Board shall meet or exceed the requirements of ASTM C1177 and ASTM D3273. Board shall have a flame spread of 0 and smoke developed rating of 0 in accordance with ASTM E84. Board shall be specifically designed for use in roof assemblies and shall be approved by the roof membrane manufacturer. Maximum board size of 4'x8' for mechanically-fastened applications. C. Board Insulation (Base Layer and Tapered): Closed-cell polyisocyanurate rigid insulation with foam core and factory laminated fiberglass facers acceptable for installation by mechanical DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 075400.5 – THERMOPLASTIC SINGLE-PLY ROOF SYSTEM Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 fastening. Foam core shall have a flame spread of 25 or less per ASTM E-108 and shall have a minimum density of 2 pcf. Compressive strength shall be 20 psi minimum in accordance with ASTM D1621. Board insulation shall conform to ASTM 1289, Type II, Class 1, Grade 2. Base layer insulation for all Roof Areas shall be 2″ thick. Additional layer of polyisocyanurate insulation on Roof Area C shall be 2” thick. Tapered insulation for Roof Areas D, E, and F shall be 1/4″ per foot with a 2″ minimum thickness. Total thickness on Roof Areas A and B shall be 2″ at the edge of the sump/gutter. Total thickness on Roof Areas C, D, E, and F shall be 4″ at the edge of the sump/gutter. The saddles/crickets shall be 1/2″ per foot tapered insulation. The base and fill insulation may be 4′x8′ and the tapered insulation shall be 4′x4′. D. Coverboard (Install over saddles/crickets): Shall be a non-structural, fire-rated, fiberglass-faced gypsum product with a silicone-treated, water-resistant gypsum core. Shall have factory-laminated fiberglass surface mats, front and back. Overlayment shall be factory-primed. Thickness of overlayment shall be 1/2″. Board shall meet or exceed the requirements of ASTM C1177 and ASTM D3273. Board shall have a flame spread of 0 and smoke developed rating of 0 in accordance with ASTM E84. Board shall be specifically designed for use in roof assemblies and shall be approved by the roof membrane manufacturer. Maximum board size of 4'x4' for adhered applications. E. Adhesive for coverboard attachment: Provide low-rise polyurethane adhesive specifically designed for bonding specified cover board to roof insulation. Adhesive shall be pre-approved by the roof system manufacturer for use with the proposed system, insulation, and existing deck conditions. Adhesion testing will be required. F. Fasteners and Plates: Shall be corrosion-resistant, 14-10 heavy duty all-purpose screw or nail-in fastener with low profile head and minimum 2.5″ diameter galvanized steel, or AZ 55 galvalume stress plate. Fasteners shall be carbon steel, coated to resist corrosion in accordance with FM4470. Fastener and plate shall be Factory Mutual approved for use together. Fasteners must be intended for securement of insulation into a wood and metal deck and be approved for use with the intended insulation and by the membrane system manufacturer. Fastener shall be of sufficient length to penetrate through the required layers of insulation/coverboard and into the top of the deck a minimum of 1.25″ and a maximum of 2″ unless otherwise required by the fastener manufacturer. Pull out testing of the fastener into the decks will be required for final confirmation of fastener spacing and pattern. G. Tapered Edge Strips: Closed-cell polyisocyanurate rigid insulation with foam core and factory laminated fiberglass facers acceptable for installation by mechanical fastening. Foam core shall have a flame spread of 25 or less per ASTM E-108 and shall have a minimum density of 2 pcf. Compressive strength shall be 20 psi minimum in accordance with ASTM D1621. Thickness shall be 0″-1.5″ 2.02 ROOF MEMBRANE AND ACCESSORIES A. Membrane: Roof membrane shall be a thermoplastic polymeric single-ply polyvinyl chloride (PVC) or ketone ethylene ester (KEE) membrane with fiberglass or polyester reinforcement, meeting ASTM D4434 (PVC) or D6754 (KEE) and the technical membrane properties specified. The membrane shall be acceptable for adhered applications. Membrane color will be confirmed during the pre-job submittal process. For the purpose of bidding, it is anticipated that the color selected will be a standard color such as white or off-white. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 075400.6 – THERMOPLASTIC SINGLE-PLY ROOF SYSTEM Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 1. Acceptable manufacturers and products include: a. Sarnafil (G410), 60 MIL minimum b. Fibertite (SM), 45 MIL c. IB Roof Systems, 60 MIL minimum 2. The listed roof membrane manufacturers are provided as examples of manufacturers and products that typically meet the requirements of these specifications. The listed manufacturers are used to denote the quality standard of product desired and are acceptable only if they are able to meet the requirements of the specifications. Requests for substitution of another manufacturer or product must be submitted in writing to the Engineer for approval or disapproval no less than ten (10) days prior to the bid date. Submitted requests must include sufficient documentation to indicate that manufacturer and/or product submitted meet the requirements of these specifications and are equivalent to the quality of those listed in accordance with Section 016000. A minimum membrane thickness of 80-mils is required for all membrane systems requested as substitutions. Acceptance of requested substitutions will be solely at the discretion of the Designer. 3. The membrane properties shall meet or exceed the following minimum values: PVC (Fiberglass Reinforced) a. Tensile Strength ASTM D751 80 lbf b. Elongation at break ASTM D751 250%MD and 220%CMD c. Linear Dimensional Stability ASTM D1204 .1% d. Tear Strength ASTM D1004 17.5 lbf e. Weight Change after immersion in water ASTM D750 2% f. Static Puncture Resistance ASTM D5602 33 lbf h. Dynamic Puncture Resistance, 7.3 ft-lbf per D5635 Pass i. Thickness over Scrim 27 mil PVC (Polyester Reinforced) a. Breaking Strength ASTM D751 370x308 lbf b. Tensile Strength ASTM D751 305 psi c. Elongation at break ASTM D751 34% x 29% d. Linear Dimensional Stability ASTM D1204 .2 e. Tear Strength ASTM D751 58x72 lbf ASTM D1004 48 lbf f. Weight Change after immersion in water ASTM D750 2% g. Static Puncture Resistance ASTM D5602 33 lbf h. Dynamic Puncture Resistance, 7.3 ft-lbf per D5635 Pass i. Thickness over Scrim 27 mil KEE a. Thickness over Scrim .37 mm b. Breaking Strength ASTM D751 Proc. B 350 lbf c. Elongation at Break ASTM D751 18% d. Tearing Strength ASTM D751 Proc. B 100 lbf e. Static Puncture Resistance ASTM D5602 99 lbf DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 075400.7 – THERMOPLASTIC SINGLE-PLY ROOF SYSTEM Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 f. Dynamic Puncture Resistance ASTM D5635 25 J B. Membrane and Flashing Adhesives: Shall be low VOC solvent based adhesives as provided by the manufacturer unless otherwise requested and approved by the Designer. C. Use membrane sheet flashing materials, membrane and flashing adhesives, fasteners, plates, pre- molded pipe vent flashings, foam rods, metal termination bars, pre-fabricated inside and outside corners, sealants, mastics, solvents, hot-air welding equipment, separation sheets/tape and other materials specifically recommended/required by the membrane manufacturer and intended for use with the membrane specified, existing substrate conditions observed, and application methods specified. Minimum thickness of flashings shall match that of the specified membrane to which it will be applied (Refer to Paragraph 2.02 A.1). Products shall be approved for inclusion in the specified membrane manufacturer’s warranty. Exposed flashings, sealants, and other products provided must match the color of the adjacent roof membrane on which they will be installed. 2.03 ADDITIONAL ROOF ACCESSORIES A. Drain Clamping Ring Bolts: Replace existing bolts with new to match general size and type but new bolts shall be stainless steel. B. Parapet Wall Sleeve: Basis of Design Jay R. Smith Mfg. Co. Model No. 1730. Description: Cast iron body with flashing clamp and adjustable wall flange. C. Drain Nozzle/Lamb’s Tongue: Basis of Design Jay R. Smith Mfg. Co. Model No. 1770. Description: Cast bronze body and flange. D. Walk Tread: Use manufacturer-provided slip-resistant walk tread in yellow or gray. Walk treads must be capable of being hot-air welded to the roof membrane. Minimum width of walk tread shall be 30″. Walk tread material must be capable of being cut to size to accommodate existing roof conditions. E. Lap Cleaner: Shall be acetone and approved by the manufacturer. F. Sealants (Exposed): Shall be low modulus, non-staining one-part urethane and of gun-grade consistency. Sealant shall be easily workable and shall be capable of producing a smooth attractive finish. For joints in vertical surfaces, provide ASTM C 920, Type S or M, Grade NS, Class 25, Use NT. For joints in horizontal surfaces, provide ASTM C 920, Type S or M, Grade P, Class 25, Use T. Where exposed, color shall be approved by Owner. Acceptable manufacturers/products shall be Dynatrol I, by Pecora Corporation; or Sikaflex 1a, by Sika Corporation, or approved equivalent. Make sure materials are compatible with substrates. Sealant used in any other location shall have the type and color approved by the Owner. G. Sealants (Concealed): For concealed sealants required for details, and not specifically provided by or recommended by the roof system manufacturer, use butyl sealant (if tape sealant, minimum 1″ wide and 1/8″ thick unless otherwise shown). H. Batt Insulation: Shall be fiberglass insulation that meets ASTM C764, ASTM C518, and ASTM E136 as manufactured by CertainTeed, Johns Manville, Owen-Corning, or approved equal. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 075400.8 – THERMOPLASTIC SINGLE-PLY ROOF SYSTEM Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 I. Blown Fiberglass Insulation: Shall meet the requirements of ASTM C 764 – Mineral Fiber Loose- Fill Thermal Insulation. J. Vent Pipe and Drain Line Extensions: Shall be schedule 40 PVC connected to the existing vents with rubber connectors and stainless steel clamps. K. Stainless steel clamp (at penetrations): Provide a min. 1/2" wide stainless steel plumbing clamp. L. Provide other roof system accessories not specifically listed, but required for the proper and complete installation of the roof system. M. Foam at Drain: Shall be similar to Great Stuff as manufactured by Dow. N. Drain Extensions: Shall be an extension kit provided by the drain manufacturer. O. Drain Clamping Rings and Strainers: Shall be cast iron and match existing manufacturer size and profile. P. Passive Vents (Bid Alternate 1): Replace with new copper passive vent with the profile to match existing. Q. Chimney Caps (Bid Alternate 2): Replace with new copper chimney caps with the profile to match existing. R. Provide sheet metal flashings, clad metal, termination bars, etc. in accordance with Section 076200. S. Polyethylene Foam Rod: Compressible rod of non-absorptive, closed cell material, size as required to provide a snug fit and/or as recommended by the system manufacturer for the specific use. PART 3 EXECUTION 3.01 INSPECTION AND SURFACE PREPARATION A. Where insulation and coverboard will be secured to the deck with fasteners and plates, perform pull tests prior to the beginning of roof removal to test the suitability of the planned fasteners with the existing roof deck(s). Perform a minimum of 5 tests in the field and 5 within 18″ of the perimeter of each contiguous roof section unless otherwise recommended by the manufacturer. Tests must be performed in the presence of Designer, Owner’s Representative, or by an independent fastener manufacturer’s representative. Test results shall be provided to the Designer prior to beginning installation of the insulation system and may allow for a reduction in the specified fastening spacing and patterns. B. Remove the existing roof system membrane, insulation, flashings and other items necessary for installation of the new roof system and dispose of off-site in accordance with Section 024110 of these specifications. Remove only portions of the existing roofing system that can be covered with the new roofing materials during the same day. Install only the amount of roof that can be covered with the new roofing materials and made watertight during the same work day. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 075400.9 – THERMOPLASTIC SINGLE-PLY ROOF SYSTEM Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 C. Verify that elements penetrating the roof are solidly set and do not have visible damage. Raise all curbs and other penetrations to provide vertical flashing heights of a minimum of 8" above the finished roof surface. D. Replace plywood and blocking at locations where existing materials are damaged, deteriorated, or do not meet the specified requirements in accordance with Section 061140. E. Organize work such that no foot traffic will occur on completed roof areas. Foot traffic over newly installed membrane shall not be allowed. F. Do not apply roofing materials to surfaces which are damp, frozen, dirty, dusty, or otherwise unacceptable to roof system manufacturer or Engineer. Beginning installation means acceptance of existing conditions. 3.02 THERMAL BARRIER, INSULATION, AND COVER BOARD INSTALLATION A. Install thermal barrier, insulation boards, and coverboard in accordance with roof membrane manufacturer’s installation instructions, approved fastener patterns, and this specification section. Install no more insulation than can be covered with roof membrane and completed before the end of the day’s work, or before the onset of inclement weather. B. Thermal Barrier: 1. Place the thermal barrier over the roof deck. The long dimension of boards shall be installed perpendicular to the planned layout of the membrane seams. Stagger end joints of adjacent boards a minimum of 24". C. Base/Tapered Layer Insulation: 1. Install the flat and tapered insulation boards in accordance with the roof membrane manufacturer’s installation instructions, the approve tapered insulation layout and this specification section. Install no more insulation than can be covered with roof membrane and complete before the end of the day’s work, or before the onset of inclement weather. 2. The long dimension of board shall be installed perpendicular to the planned layout of the membrane seams. Stagger end joints of adjacent boards a minimum of 24". 3. Mechanically fasten the base layer and tapered insulation to the existing deck at a minimum rate of one fastener and plate every 2.67 square feet of maximum contributory area per fastener (approximately 12 fasteners per 4'x8' board in the field of the roof), unless otherwise approved by the Designer based on pull out test data. Additional fasteners and plates shall be installed at perimeters and corners as follows (minimum 16 fasteners per 4’x8’ board in the perimeters and minimum 20 fasteners per 4’x8’ board in the corners). Fastener rates should be increased or may be decreased based on pull-out test values and approvals from the roof system manufacturer and Designer. 4. Fasteners shall be positioned no closer than 6" from the perimeter of the board for a 4’x8’ board and no closer than 12″ from the perimeter for a 4’x4’ board, and shall follow insulation manufacturer’s fastener patterns. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 075400.10 – THERMOPLASTIC SINGLE-PLY ROOF SYSTEM Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 5. Fasteners shall be installed as recommended by the manufacturer. If required for proper fastener installation, pre-drill through the insulation and coverboard. Do not under drive or overdrive fasteners, avoid cupping of plates. 6. Install additional fasteners and plates at the perimeter and corners. The perimeter is minimum of 8′ wide for Roof Areas A and B, 4′ wide for Roof Areas C, D, E, and F, and the corners are a minimum of 8′x8′ for Roof Areas A and B, and 4′x4′ for Roof Areas C, D, E, and F. Verify perimeter and corner dimensions with the manufacturer. D. Adhered Coverboard: 1. Coverboard shall be set into a continuous 3/4" wide bead of adhesive at a minimum rate of one linear foot of adhesive for every one square foot of board in the field of the roof. The insulation adhesive shall be installed at a maximum of 6" from the perimeter of the board. Increase adhesive rates in the roof perimeter and corner areas as defined on the drawings, and in accordance with the system manufacturer’s design recommendations, maximum spacing in perimeter and corners of 6" and 4" respectively unless otherwise approved. 2. Do not apply the adhesive unless the temperature is 40 degrees Fahrenheit and rising. 3. Allow adhesive to rise approximately 1/8" and set boards into adhesive. Continue to install boards into adhesive. 4. Place, do not slide, boards onto the adhesive and walk on the boards to spread the adhesive for maximum contact. Evenly weight the boards to hold them in contact with the deck until the second walking is performed (minimum 10 minutes after initial walk-in). 5. Avoid excessive scoring of the boards at uneven deck conditions. Provide additional weight at areas requiring additional adhesion time. E. When handling rigid insulation boards and coverboard, take care not to rupture/damage the facers of the boards. Butt edges of boards without forcing joints. Cut boards to fit neatly to perimeter blocking and penetrations through roof. Cut holes in the insulation for round penetrations (do not install pieces). Miter board edges if necessary for proper fit at transitions in deck slope. Fill in gaps between boards greater than 1/4" with insulation pieces or foam. Avoid the use of insulation pieces with dimensions less than 18″. F. Stagger board joints a minimum of 24″ throughout each layer and between layers. G. Insulation and coverboard shall be installed to maintain the existing slope of the roof system. Tapered insulation at drain sumps and isolated areas of supplemental tapered insulation are shown on the drawings and should be provided to promote positive drainage. Check insulation surfaces as each layer is installed to ensure that no unanticipated deflections, cambers, gaps, or other conditions exist that may impede proper drainage. Install additional tapered insulation at isolated locations if required to correct or improve drainage conditions in accordance with the estimated quantity of work. H. Night time tie-ins shall have temporary stagger in place and should use “fill in” courses that can be removed when subsequent work begins. I. Sweep all loose debris from the substrate between layers of insulation installation and prior to installing the membrane. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 075400.11 – THERMOPLASTIC SINGLE-PLY ROOF SYSTEM Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 2.03 MEMBRANE SYSTEM INSTALLATION A. Position single-ply membrane over roof area without stretching. Allow membrane to relax for a minimum of one-half hour prior to any fastening, adhering, or seaming. Shingle all laps in the direction of water flow starting at the drain or low point and working upslope. Extend the field sheet a minimum of 2" up the vertical and fasten the membrane at the base of parapet walls, curbs, etc. a minimum of 8" on center. B. Fully-Adhered Installation: Position the membrane to allow for exposure of the underside of the sheet. Apply a continuous coverage of membrane adhesive to the underside of the membrane and a mirrored area of the prepared substrate/surface. Adhesive coverage shall be a minimum of 100 sq. ft. per gallon net coverage for the membrane and mirrored substrate combined, or as recommended by the roof system manufacturer. Do not allow the adhesive within a minimum of 3" from the edge of the membrane. Avoid holidays, globs, and puddles. Follow the manufacturer’s instructions for determining sufficient adhesive tack/dryness for mating membrane with substrate. Place membrane onto the substrate surface avoiding wrinkles and air pockets. Broom the adhered portion of the membrane to insure full contact with the substrate and complete process by firmly pressing the adhered membrane into place with a weighted roller in accordance with the manufacturer’s instructions. 1. Adhesive is to be applied using rollers in accordance with the roof system manufacturer’s instructions and recommendations. Do not pour adhesive out of buckets to roll in. The amount of membrane and substrate that can be covered with adhesive at one time must be determined by the method of application, the ambient temperature, humidity and number of workers available. Only apply adhesives to areas which can be completely covered with membrane within the same work day. 2. For adjacent membrane rolls, provide a minimum 3" lap, maximum 6" lap, at subsequent, adjacent rolls of membrane. Do not apply adhesive to the lap “seam” areas of the membrane that will be hot-air welded. 3. Track and record the amount of pails of adhesive used per square foot area by saving and dating the tops of the adhesive pails. Note in daily logs the area of membrane installed each day. Keep the dated lids from each day of membrane installation until the Designer and/or Owner can verify conformance to the specified adhesive rate. C. Once the membrane has been adhered to the substrate, clean area of the two membrane sheets to be seamed with approved seam cleaner in accordance with the manufacturer’s instructions. Allow cleaning solvents to dissipate and the seams to dry prior to initiating any field welding. D. Hot-air weld membrane seam using an automatic hot air welder to provide a continuous, homogeneous weld, a minimum of 1.5" in width; hand held welders to be used for small areas and repairs only with a minimum of 2" width heat-weld. Welding equipment used must be acceptable DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 075400.12 – THERMOPLASTIC SINGLE-PLY ROOF SYSTEM Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 to the warranting manufacturer. Provide a dedicated generator for seaming equipment. Mark and patch area where automatic welder is stopped. E. Once seam area has cured, probe the entire length of lap edge with an approved seam-probing tool for voids or seam deficiencies. Repair deficiencies same day seam is probed. Perform destructive testing of seams (peel tests) at the frequencies and test sizes required by the membrane manufacturer. Repair test locations. 3.03 FLASHINGS A. Install flashing membrane where shown on the drawing to provide watertight transitions at perimeter details, transitions, and at items penetrating membrane in accordance with project specifications and drawings and the manufacturer’s installation instructions. Confirm use of proper flashing color to match the adjacent membrane. B. Flashing membrane shall be fully adhered and fastened to penetration substrates, and heat-welded to the adjacent membrane, as shown on the project drawings. Where adhered, flashing should be installed in adhesive as shown on the drawings or required by the manufacturer, in sufficient quantity to ensure total adhesion. Use substrate primers as recommended by the roof manufacturer. If the manufacturer will not allow flashing to be adhered over bitumen residue, the contractor will install a layer of plywood on the walls and to be included in their bid. C. Secure the membrane at the base of expansion joints, wall transitions, curbs, etc. 8" on center, unless otherwise noted on the detail drawings or specified by the membrane manufacturer. Securement of the membrane perimeter to the deck is also acceptable. D. Install “T” patches at all intersections. Install patches at all automatic welder “starts” and “stops” (locations should be marked as seaming is being performed). E. Clean all pipes, curbs, walls, and other existing substrates to remove debris and previous materials prior to installation of new flashings. F. Use pre-formed corners on all inside and outside corner flashings. G. Vertical flashing shall be terminated a minimum of 8" above the roof surface. For flashing heights lower than 8" the contractor must either make modifications to the existing penetration of transition to allow for proper vertical flashing height or shall obtain written approval from the manufacturer for review by the Engineer. H. Flashing higher than 40″ will require supplemental securement installed in accordance with the manufacturer’s requirements. I. Probe and repair all seams between the flashing and the membrane the day of installation. Use probing methods and tools recommended by the roof system manufacturer. 3.04 MEMBRANE PATCHES DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 075400.13 – THERMOPLASTIC SINGLE-PLY ROOF SYSTEM Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 A. Patches shall not be less than 6" by 6". Patches shall be centered over damaged area and extend a minimum of 6" beyond the perimeter of damaged area. Round corners of patches and fully seal. B. Other than the patches required by the membrane manufacturer at critical locations such as “T” intersections of seams or corners of curbed equipment, at weld test cuts, and at welder starts and stops, the number of allowable patches due to weld issues or membrane damages shall be limited to 10 per 1,000 square feet on the main roof areas. If the number of patches exceeds this amount, the Owner or Designer will review the installation and the cause for patches and may require that the affected roof section be replaced in its entirety. 3.05 PIPE FLASHING A. Form and install new pipe flashing, vent pipe flashing, etc. in accordance with the detail drawings. Pre-fabricated boots for pipe penetrations, as supplied by the roof membrane manufacturer, shall be the preferred flashing and shall be used when possible for vent pipe flashing. When a boot installation is not feasible, field wrap the pipe penetration in accordance with the manufacturer's requirements. B. Flanges of pipe flashings shall be a minimum of 4″ in width and shall be fully heat welded to the membrane. Provide securement of the membrane to the deck around pipe penetrations if/as required by the membrane manufacturer. Provide required separation tape, sealants, and other accessories for proper detail installation. C. For hot pipe/high-temperature penetration flashings: If an existing sleeve is available and provides as acceptable substrate for the new flashing, it may be reused. If an adequate sleeve is not available, install a new metal sleeve as shown on the detail drawings. 3.06 DRAINS A. Verify that existing drains are clear and free-flowing prior to the beginning of work and at the completion of work. Any clogged or obstructed drains shall be brought to the attention of the Owner. Drains clogged or obstructive after the beginning of work will be cleared with no cost to the Owner. B. Replace broken, missing, or damaged drain components. Replace plastic clamping rings and drain strainers with cast iron strainers. Replacement, if necessary, must be approved by the Owner. C. Remove the existing membrane around the drain. Install new membrane and drain target flashing. D. Install sealant between the new membrane and drain bowl. Provide compression on the sealant. E. Laps shall be located a minimum of 12" from the edge of the drain sump and 18″ from the edge of the drain bowl. F. Cut the membrane a minimum of 1" beyond the clamping ring and 1" in diameter larger than the drain pipe. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 075400.14 – THERMOPLASTIC SINGLE-PLY ROOF SYSTEM Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 3.07 INSTALLATION OF ROOF ACCESSORIES A. Walk Tread: Layout walk tread to avoid installation of the tread over membrane and flashing seams. Clean membrane in accordance with the manufacturer’s recommendations. Adhere field of walk tread to the membrane and hot-air weld around entire perimeter of walk tread. B. Sealants and Primers: Install gunnable and tape sealants, primers, and other accessory items in accordance with the recommendations of the warranting manufacturer. C. Install edge metal, membrane-clad metal, copper, trim, and counterflashings in accordance with Section 076200. D. Install other roof system accessories as shown on the detail drawings or required by the membrane manufacturer in accordance with the manufacturer’s instructions. 3.08 FIELD QUALITY CONTROL A. The Contractor is responsible for initiating and maintaining daily execution of a quality control program that will include, but is not limited to supervision by the job foreman or supervisor during substrate preparation, installation of insulation and coverboard, installation of fasteners and adhesives, calibration of heat-welding equipment, and probing of heat-welded seams. B. Correct defects and irregularities as directed by Engineer or Owner’s representative. If inconsistency in the overall quality of the installation is observed or suspected by the Engineer, Owner, or roof system manufacturer, work shall stop until proper corrective actions are taken to ensure continuity of the workmanship. C. Require representative of membrane manufacturer to make inspections as necessary, (minimum of three visits and final inspection) to qualify roofing system for manufacturer’s warranty specified in this section. Refer to Section 014000 for additional requirements. D. Inform Engineer of all manufacturer inspections a minimum of 48 hours before inspection is to take place. Provide a copy of manufacturer’s inspection reports to the Engineer. E. The Engineer will take periodic test cuts in the laps to determine lap installation quality. Defective areas will be repaired by the contractor. 3.09 JOB AND WEATHER CONDITIONS A. Suspend all application and installation activities during inclement weather and confirm proper temperature and humidity ranges prior to application of sealants, adhesives, and other products reliant upon temperature/humidity for proper curing. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 075400.15 – THERMOPLASTIC SINGLE-PLY ROOF SYSTEM Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 B. Protect the roof deck and insulation from moisture by providing water cut-offs at the end of each day’s work or when the weather is threatening. Failure to protect the deck and roofing from moisture will result in the removal of damaged materials containing excessive moisture. Remove water cut-offs prior to start of new work. Cut back a sacrificial section of membrane and insulation adjacent to and contaminated by the water-cut-off and dispose of off-site. Layout of insulation boards at nightly tie-ins must be planned to allow for staggering of the insulation boards across these joints. C. Strictly limit foot traffic and material storage on completed roof surfaces. Roof replacement must be sequenced to limit foot and equipment traffic over areas of new roof system/membrane installation. Where foot and equipment traffic over the newly installed roof system cannot be avoided and where sheetmetal installations are occurring over new membrane installations, provide minimum 1″ thick rigid insulation board and 3/4″ thick plywood walkways to protect the new roof system. 3.10 TEMPORARY WATER CUT OFFS AND WATERTIGHNESS DURING CONSTRUCTION A. Install a temporary watertight seal between the section of the new roof completed and the adjacent existing roof system at the end of each workday. The new roof system shall be sealed so that water will not be allowed to travel under the new or existing roof system. When work resumes, contaminated materials from the water cut off including membrane and insulation shall be removed from the work area and disposed of off-site. None of these materials shall remain or be reused in the new system installation. The insulation at the temporary cut off shall be modified to provide a toothed installation of new insulation to prevent an in-line vertical gap at cut-off locations. B. The Contractor shall provide the on-site labor necessary to visually check the interior conditions of the building at times when inclement weather occurs (strong thunderstorms, hurricanes, tropical depressions, extended rain events) and the work crew is not on-site, including after work hours, weekends, and holidays. Discovery of water entry into the building during inclement weather must be immediately followed by action by the Contractor or representative to prevent or limit damage or effect on interior finishes and materials. Immediate preventative actions shall be followed promptly by temporary repair activities to reduce or stop water entry into the roof system. C. The Owner may make temporary repairs or take temporary action to prevent water from entering the building. Performance of these repairs/actions by the Owner does not indicate acceptance of the condition and does not absolve the Contractor from the responsibility of prompt permanent repairs and replacement, repair, or reimbursement for damaged interior finishes/features. The contractor will make permanent repairs with no cost to the Owner. D. If water entry into the roof system occurs, the affected materials shall be removed back to dry/sound materials and replaced with new materials at the Contractor’s expense. E. If water entry into the building occurs, the Contractor must promptly review and agree upon the damages with the Owner’s representative. Repairs to the interior finishes must be completed promptly within a scheduled time frame agreed upon by the Owner. Replacement, repair, or reimbursement for damaged interior materials (equipment, books, furniture, etc.) must be completed promptly within a scheduled time frame agreed upon by the Owner. If the timeline DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 075400.16 – THERMOPLASTIC SINGLE-PLY ROOF SYSTEM Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 provided by the Contractor is not satisfactory to the Owner, and an agreement cannot be promptly reached, the Owner reserves the right to perform such repairs or replacements and shall deduct the cost of repairs from the Contract Sum. F. The Contractor may, at their option, provide after hours protection of interior materials (computers, books, etc.) at areas of specific concern or liability. Installation of protection such as plastic sheets, etc. shall be performed by the Contractor’s personnel with the advance approval of Facilities Management. Installations shall not damage permanent materials or finishes. Contractor shall be responsible for removal of the temporary protection for normal use of the interior contents during standard building hours. 3.11 JOB COMPLETION A. Inspect completed roofing and correct defects to meet the specification requirements. B. Roof system manufacturer’s representative shall inspect the completed roofing system and notify the Contractor of any defects in the application. C. Clean up debris, excess materials and equipment, and remove from site. D. Clean drips or spills of adhesive or primers. Provide an overall surface cleaning of the roof membrane and flashings using detergents or cleaners as approved/recommended by the roof system manufacturer. END OF SECTION 075400 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 076200.1 – FLASHING AND SHEET METAL Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 SECTION 076200 SHEET METAL FLASHING AND TRIM PART 1 GENERAL 1.01 WORK INCLUDED A. Provide all labor, materials, equipment and supervision necessary for fabrication and installation of metal flashing, coping assemblies, counterflashings, trim, and accessories, as specified herein and as required by detail drawings. B. Coordinate work of this section with work of Sections 024110, 061140, and 075400. 1.02 QUALITY ASSURANCE A. Qualifications of Manufacturer: Products used in the work of this section shall be produced by manufacturers regularly engaged in the manufacture of similar items and with a history of successful production acceptable to the Owner. B. Qualifications of Contractor: Use adequate number of skilled workmen who are thoroughly trained and experienced in the necessary crafts and are completely familiar with the specified requirements and the methods needed for the proper performance of the work in this section. In acceptance or rejection of the work of this section, the Owner shall make no allowance for lack of skill on the part of the workmen. C. Comply with pertinent codes and regulations including recommendations contained in the most recent edition of the "Architectural Sheet Metal Manual," published by the Sheet Metal and Air-Conditioning Contractors National Association (SMACNA). D. When sheetmetal flashings form an integral part of the weather tightness of a detail, comply with roof system manufacturer requirements. Where manufacturer recommendations differ from SMACNA or the design specifications and drawings, the more stringent requirement will take precedence unless otherwise agreed upon with the Engineer. 1.03 SUBMITTALS A. Submit product data, installation instructions, sample warranties, and SDS sheets for sheetmetal components to be installed. B. Submit shop drawings clearly detailing shaping, jointing, length of sections, fastener type and spacing, gauge of materials, and installation details. This information may be incorporated into the overall roof system shop drawings. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 076200.2 – FLASHING AND SHEET METAL Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 1.04 DELIVERY, STORAGE AND HANDLING A. Deliver sheet metal materials and accessories with original protective wrap or boxing with labels intact and legible. Comply with manufacturer's published instructions for storage and handling. B. Store materials in dry protected areas, on clean, raised platforms with securely anchored weather protective coverings and in such manner as to prevent condensation or staining. Stack material to prevent twisting, bending, or abrasion. C. During storage prevent material contact with any substance that would discolor or stain, including soil and water. 1.05 SCHEDULING A. The Contractor shall field verify existing conditions prior to fabrication of sheetmetal components. Minor dimensional detail changes may be required to fit existing conditions. Field verification must be performed with enough time to make revisions to shop drawings and to allow for proper fabrication of components without project delay. B. Sheet metal work shall be closely coordinated with the installation of new roofing materials. C. Sheet metal installations shall be scheduled such that roofing terminations will not be left unprotected. 1.06 WARRANTIES A. Provide a Contractor’s Five-Year Warranty for work included in this project in accordance with Section 014000 of these specifications. PART 2 PRODUCTS 2.01 METAL MATERIALS A. Copper (Edge metal, counterflashings, coping, backup plates, gutters, conductor heads, downspouts, and misc. trim): Provide 16 oz. minimum copper, meeting ASTM B370, cold rolled temper designation H00. B. Membrane-Clad Metal: Provide 0.040″ thick aluminum substrate, coated/laminated with the membrane manufacturer’s approved membrane material, 20 mil minimum thickness. Color to be selected from the membrane manufacturer’s standard colors. Product shall be manufactured by the low-sloped single-ply thermoplastic membrane manufacturer and compatible for hot-air welding to roof system membrane and flashing materials. Color of clad metal must match color of membrane and flashings. C. Counterflashing at the roof hatch and other noted trim: Shall be Type 304 stainless steel, 24GA (unless otherwise noted on details) cold rolled, annealed, with a 2B finish, and conforming to the requirements of ASTM A480. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 076200.3 – FLASHING AND SHEET METAL Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 D. Cleat: Provide 20 oz. cold rolled copper cleat, 2″ wide min., formed to engage ¾″ and with length such that horizontal leg can be turned over fasteners. Cleat shall be pre-tinned prior to installation with flashings when soldering of the joints are required. E. Termination bar: Use only membrane manufacturer-supplied aluminum or stainless steel termination accessories, 1/8″ x 1″. Bar shall have pre-drilled slotted holes at 8″ o.c.. No plastic or polymer termination bars will be accepted. 2.03 FASTENERS AND ACCESSORIES A. Metal-to-metal fasteners: Where not specifically provided as a part of a pre-fabricated assembly/system, provide self-tapping, self-drilling, no. 12 sheet metal screws. Use stainless steel fasteners. Provide EPDM washers with exposed fasteners and coat fasteners to match color of adjacent metal flashing. Fastener spacing: maximum 8" o.c. unless otherwise noted on drawings. B. Metal to wood: No. 10, stainless steel wood screws. Minimum embedment shall be 1-1/2″. Where exposed, screws must be stainless steel and have an EPDM washer. Fastener spacing: maximum 8" o.c. unless otherwise noted on drawings. Copper fasteners are to be used in conjunction with copper metal. C. Metal to masonry or concrete: Use 1/4" diameter stainless steel masonry anchors, Rawl “Tapcon” or approved substitute where not exposed. Drive-pin or powder-actuated fasteners must be approved by the Designer to allow for consideration of potential damage to substrates. Minimum embedment shall be 1". Where exposed, fasteners must be stainless steel and have EPDM washers. Exposed fasteners must be coated to match color of adjacent metal flashing. Fastener spacing: maximum 12" on center unless otherwise noted on drawings. D. Pop Rivets (Stainless Steel): Shall be minimum 3/16" diameter with stainless steel mandrels and washers. Copper pop rivets are to be used in conjunction with copper metal. E. Pipe Clamps: Shall be stainless steel. F. Sealant: For sealant in contact with metal, provide gun-grade butyl (concealed) or polyurethane- based sealants (exposed), colors to be selected based on location of use. G. Stainless steel (Gutter support): Shall be 16 gauge 304 stainless steel wrapped in copper or gutter hanger and brackets shall be formed from minimum 3/16” copper bar. H. Provide other flashing components and fasteners not specifically described, but required for a complete and proper installation of the work and subject to the approval of the Engineer and/or the Owner’s representative. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 076200.4 – FLASHING AND SHEET METAL Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 PART 3 EXECUTION 3.01 SURFACE CONDITIONS AND PREPARATION A. Examine the areas and conditions under which work of this section will be performed. Correct conditions detrimental to timely and proper completion of Work. Inspect nailer areas to verify that they are clean, smooth, free of depressions, waves, or projections and solidly supported over joints. B. Remove existing substrates as required for proper flashing installation. C. Beginning installation shall constitute acceptance of the existing conditions by Contractor. D. Confirm complete installation of wood blocking, insulation, plywood, and flashing membrane details prior to the start of metal flashing installation. 3.02 FABRICATION A. General: Fabricate sheet metal copings and flashings to comply with design details shown and general recommendations as provided in the latest editions of SMACNA. B. Field-verity site conditions prior to fabricating work. C. Form flashings to provide weathertight or watertight installations as specified. Allow for proper expansion and contraction. No exposed fasteners will be allowed unless specifically shown on the detail drawings. D. Confirm compatibility of flashing materials with those that will be flashed and in direct contact with such materials. Prevent contact between dissimilar metals to prevent galvanic action. If contact cannot be avoided, use preventive measures to provide adequate separation. E. Form flashings to profiles shown on approved shop drawing details. Form sections square, true and accurate to size, free from distortion and other defects detrimental to appearance and performance. F. Form sections in maximum ten-foot lengths. Hem exposed edges of flashings 1/2" on underside. Fabricate corners so that joints near roof perimeter corners are at least 18" away from corner. G. At locations where new sheet metal sections abut walls or terminate, the metal flashing shall be fabricated to terminate with end sections of one-piece construction. H. Crimp metal as necessary to prevent metal from touching membrane. Do not scratch finish. 3.03 INSPECTION AND SURFACE PREPARATION A. Inspect parapet walls, perimeter blocking, curbed units, and other penetrations/surfaces to receive flashing, coping, or trim to ensure complete installation, proper securement, and that they are free of loose debris and excess sealant. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 076200.5 – FLASHING AND SHEET METAL Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 B. Confirm that proper installation of roof system components, in accordance with Section 075400 have been completed prior to installation of metal flashings. C. Proceed with installation only after unsatisfactory conditions have been corrected. 3.04 EDGE METAL A. Leave a 1/4″ gap between edge metal sections. Install backup plate at joints as recommended in the most recent edition of SMACNA due to coping width. Install two rows of sealant on both sides of the gap. Nail the cover plate to the nailer through the gap in the metal. B. Secure flanges of edge metal with appropriate fastener at 3″ o.c. Fasteners shall be staggered in two rows with the first rob positioned 1″ from the leading edge of the flange; the second row shall be positioned 1″ from the first row. C. Form a continuous cleat at the outside of the wall to provide an even edge. Face secure the support cleat at 8″ o.c. within 8 feet of the corner and 12" on center elsewhere. Cleat joints shall coincide with wall expansion joints. D. Install membrane over top over edge to cover continuous cleat and nails as shown on the drawings. E. Crimp along cleat at a minimum of 12" o.c. Crimp so that metal is not touching the membrane flashing. 3.05 COUNTERFLASHING INSTALLATION A. For reglet mounted counterflashing, cut reglet in the existing masonry wall at locations shown on the drawings. Install 2" lead wedges at 12" on center to secure counterflashing. Install sealant along the top of the counterflashing. B. For surface mounted counterflashing securement, fasten in accordance with the detail drawings. C. The bottom of the counterflashing shall extend below the adjacent membrane termination bar a minimum of 3", but shall in no case touch the surface of the roof membrane. If vertical flashing terminates, extend counterflashing 6" along wall or around corners as needed to properly cover termination flashings, unless otherwise agreed upon. D. Secure counterflashings to existing through-wall flashing receivers, existing curbed unit caps, new cut reglets, or at other locations as shown on the drawings. E. Lap counterflashing joints a minimum of 3"; stagger joints in clamping/termination bar from counterflashing joint by 3’ minimum. F. Apply sealant between flat surface of counterflashing and receivers, walls, curbs, etc. prior to securing. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 076200.6 – FLASHING AND SHEET METAL Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 G. Provide metal closures at ends of counterflashing. Miter/lap corners so that counterflashing meets adjacent along the entire profile and edge/end is not split. 3.06 CLEAN-UP A. Excess sealant, adhesives, and/or other materials must be cleaned from the sheetmetal surfaces. B. All handprints, smudges and other superficial stains that were placed on the sheet metal during fabrication and installation shall be removed. C. All factory-applied protective plastic films shall be removed. D. All abrasions, scratches, scrapes, etc. shall be touched up with paint furnished by the sheet metal manufacturer. E. Remove all trimmings, fasteners, and debris and dispose daily. Trimmings and sharp pieces shall not be allowed to accumulate on the roof. 3.07 FIELD QUALITY CONTROL A. The Contractor is responsible for initiating and maintaining daily execution of a quality control program that will include, but is not limited to supervision by the job foreman or supervisor during substrate preparation, installation of sheet metal components, avoidance of oil canning and irregularities in the metal finish, proper metal termination and securement. B. Do not install or force fit metal flashing components that do not fit properly due to errors during field measurement and fabrication. Oil canning of sheetmetal surfaces due to fabrication and/or installation may be considered cause for rejection. C. Correct defects and irregularities observed by Engineer or Owner’s representative. D. Contractor shall plan sequence of work to prevent damages to the sheetmetal installations. Protect pre-finished flashings from exposure to mortar, concrete, and other cementitious materials. 3.08 JOB AND WEATHER CONDITIONS A. Suspend all application and installation activities during inclement weather. B. Protect adjacent building surfaces against damage. C. Remove debris from roof and site on a daily basis and dispose at an approved disposal site. D. Do not permit traffic over completed roof surfaces. END OF SECTION 076200 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 077200.1 – ROOF ACCESSORIES Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 SECTION 077200 ROOF ACCESSORIES PART 1 GENERAL 1.01 WORK INCLUDED A. Provide all labor, materials, equipment and supervision necessary for the design, fabrication and installation of new roof hatch and installation of a non-penetrating railing, and other accessories as specified herein and as required to provide properly functioning and watertight details as shown on the drawings and specified in this section. B. Provide all labor, materials, equipment and supervision necessary for the design, fabrication and installation of new interior and exterior roof access ladders, and other accessories as specified herein and as required to provide properly functioning details as shown on the drawings and specified in this section. 1.02 QUALITY ASSURANCE A. Use adequate numbers of skilled workmen who are thoroughly trained and experienced in the necessary crafts and who are completely familiar with the specified requirements and the methods needed for proper performance of the work in this section. 1.03 SUBMITTALS A. Roof Hatch Components: 1. Submit product data, material descriptions, dimensions, profiles, and finishes of hatch components. 2. Submit hatch warranty information. 3. Provide shop drawings coordinating location of components. The Contractor shall verify existing field conditions. B. Other Components: 1. Provide product data for non-penetrating railing and any other accessories not listed but required for proper installation of the work. C. Exterior Access Ladder: 1. Submit product data, material descriptions, dimensions, profiles, and finishes of ladder components. 2. Provide shop drawings coordinating location of components. The Contractor shall verify existing field conditions. D. Interior Access Ladder: 1. Submit product data, material descriptions, dimensions, profiles, and finishes of ladder components, and other components associated with the interior work as shown on the design details. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 077200.2 – ROOF ACCESSORIES Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 2. Provide shop drawings coordinating location of components. The Contractor shall verify existing field conditions. 1.04 DELIVERY, STORAGE, AND HANDLING A. Handle and store products in the manufacturer’s unopened packaging until ready for installation. Follow the manufacturer’s requirements regarding any storage exposure limits such as temperature or humidity ranges, or ventilation conditions, to prevent damage to components and materials. B. Storage and handling shall not protect the component finishes. Confirm that condition of components and finishes are undamaged prior to in-place installation of the materials. 1.06 SCHEDULING A. The Contractor shall coordinate with roofing installation to ensure that roof hatch and railing material is present on site and ready for installation. PART 2 PRODUCTS 2.01 ROOF HATCH AND GUARDRAIL A. Roof Hatch: Provide pre-fabricated roof hatch, single-leaf, 30″ x 36″ in size unless otherwise specified by the owner. Hatch shall be thermally-broken and weathertight with fully welded corner joints on the cover and the curb. The cover must be 11 gauge aluminum with a 3″ beaded flange. Cover shall have a heavy extruded EPDM rubber gasket bonded to the cover interior to form a continuous seal when compressed. The cover shall be insulated with 1″ fiberglass covered by an 18 gauge aluminum liner. The hatch curb must be 11 gauge aluminum, 12″ in height and set on wood blocking to allow for a minimum 8″ flashing height above the roof surface and with a flange to allow for securement to the blocking/deck. The curb shall be insulated with 1″ thick high-density fiberboard and liner on the outer surface of the curb. The hatch must have compression spring operators to provide a smooth, easy controlled operation. Provide heavy pintle hinges, interior padlock hasp, spring latch with interior and exterior turn handles. The cover must lock in the open position with a rigid hold open arm with a grip handle for release. Hardware must be zinc plated and chromate sealed. The factory finish should be mill finish aluminum. B. Roof Hatch Safety Rail: Shall be constructed from a galvanized steel frame and finish 42" above roof. Meet OSHA 1910.23 and 1910.27 standards. The safety rail should have a self-closing gate, grab bars, and not penetrate the curb. Similar to roof hatch safety rail sold by A-Mezz Industrial Structures (www.amezz.com). 2.02 LADDER A. Shall be fabricated and meet ANSI 14.3 and OSHA 3124 requirements. The rungs shall be skid resistant. Skid resistant coating will not be allowed. The ladder shall be constructed from galvanized steel for the exterior and painted steel for the interior. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 077200.3 – ROOF ACCESSORIES Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 B. Ladder Fastener: Where adhesive anchors shall be used to secure ladder brackets into grouted masonry walls, anchoring adhesive shall be a two-part 100% solids epoxy-based resin and hardener supplied in manufacturer’s standard cartridge and dispensed through a static mixing nozzle supplied by the manufacturer. Epoxy shall meet the requirements of ASTM C-881 Type IV, Grade 3, Class B and C. Acceptable manufacturers include Sika Corporation, Hilti Inc., and Simpson Strong-Tie Co. Basis of design is Hilti HY-200A for concrete substrate and HY-70 for masonry substrate. The Contractor will be responsible for selecting a compatible system based on the existing substrate and submitting product, preparation, and installation data to the Designer for approval. Submittal of the ICC-ES report for systems will be required. C. Ceiling Access Hatch: Shall be 30"x36" flush mounted access 2-hour fire rated panel. Panel shall have an upward swing with key opening. Similar to the ceiling access hatch sold by Best Materials (https://www.bestmaterials.com/detail.aspx?ID=23227). D. Galvanizing Repair Paint: High zinc dust content paint for re-galvanizing welds in galvanized steel, with dry film containing not less than 94 percent zinc dust by weight, and complying with DOD- P-21035 or SSPC-Paint-20. 2.03 CEILING FRAMING A. Ceiling Tile Grid: Shall be 15/16” x 1-3/8” galvanized steel. Color to match existing. B. Ceiling Tile: Shall match existing. C. Metal Stud: Shall be 3-5/8” x 1.25” 25 gauge galvanized steel metal stud. D. Drywall: Shall be 5/8” Type X fire resistant gypsum panel. E. Drywall Joint Compound: Shall be premixed all-purpose drywall joint compound. Use compatible joint tape. PART 3 EXECUTION 3.01 ROOF HATCH A. Coordinate new roof hatch location on Roof Area A on site with the Engineer/Designer and with installation of a new interior access ladder. B. Cut a new roof hatch opening on Roof Area A. C. Modify the roof hatch opening on Roof Area B to accommodate the new roof hatch size. D. Frame the roof hatch opening with wood framing/blocking per the design drawings and section 061140. E. Install the new roof hatch in strict accordance with the manufacturer installation instructions. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 077200.4 – ROOF ACCESSORIES Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 3.02 ROOF HATCH SAFETY RAIL A. Measure curb to ensure proper fitting. B. Set curb faming gasket around roof opening and tighten to fit opening. C. Install the corner posts and bolt to frame. D. Install cross rails into clamps and level adjust. E. Follow the manufacturer’s instructions and recommendations. 3.03 CEILING PANEL AND CEILING OPENING FRAMING A. Location to be coordinated on site and coordinated with installation of a new roof hatch. B. Remove 4’ by 4’ grid of ceiling tile and modify ceiling tile hangers. Install new ceiling tile hangers and ceiling tiles as necessary. C. Remove the existing hard ceiling and attic floor joist structure to accommodate the size/installation of the new ceiling access panel. D. Frame the hard ceiling opening with wood/metal framing/blocking per the design drawings and section 061140. E. Install new ceiling access panel in strict accordance with the manufacturer installation instructions. F. Install metal stud framing and drywall to create a chase from the existing drop ceiling level to the underside of the attic floor/hard ceiling level. Install drywall layers over the metal stud framing to maintain existing fire-ratings. 3.04 LADDER A. Shop drawings shall be submitted to the Owner and the Designer for approval. The ladder shall be constructed and/or coated in such a manner as to resist weathering. All fasteners attaching the ladder to the structure shall have neoprene/EPDM washers. B. Take field measurements prior to preparation of shop drawings and fabrications. Do not delay job; allow for cutting and fitting if field measurement is not practical. C. Form work true to line with sharp angles and edges. Comply with AWS standards for procedures of manual shielded metal arc welding, appearance and quality of welds made, and methods used in correcting welding work. Weld continuously, grind flush and make smooth on exposed surfaces. D. Install work plumb and level with hairline joints and grind welds flush. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 077200.5 – ROOF ACCESSORIES Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 E. Set wall supports in a bed of sealant. FIELD QUALITY CONTROL A. The Contractor is responsible for initiating and maintaining daily execution of a quality control program that will include, but is not limited to supervision by the job foreman or supervisor during measurements for fabrication, substrate preparation, and installation of accessory components. B. Correct defects and irregularities as directed by Designer or Owner’s representative. C. Contractor shall plan sequence of work to prevent damages to existing materials to remain interior components, or new replacement roof system. D. Significant abrasions, scratches, scrapes, etc. in finished metal surfaces may result in rejection by the Designer, and require removal and replacement. 3.03 JOB AND WEATHER CONDITIONS A. Suspend all application and installation activities during inclement weather. B. Protect adjacent building surfaces against damage. C. Remove debris from roof and site on a daily basis and dispose at an approved disposal site. D. Limit traffic over completed roof surfaces and provide protection from equipment, worker traffic, and materials during installation. END OF SECTION 077200 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 099113.1 – PAINTING Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 SECTION 099113 PAINTING PART 1 GENERAL 1.01 WORK INCLUDED A. Provide labor, materials, equipment and supervision necessary for cleaning and painting new ladders, existing clamping rings, and drain strainers and other miscellaneous metal item at locations noted on the drawings. 1.02 SUBMITTALS A. Submit manufacturer’s latest literature and specifications for products used including surface preparation and installation instructions. B. Submit sample(s) of paint color for Owner selection of color. 1.03 WARRANTY A. In addition to the Contractor’s Five-Year warranty specified in Section 075400, provide the coating manufacturer’s standard warranty against defects of materials and workmanship beginning with date of final completion. PART 2 PRODUCTS 2.01 MATERIALS A. Coating for Non-galvanized steel and wood: 2 coats, minimum of 2 mils dry film thickness per coat. Provide primers as recommended by the manufacturer. Color to be approved by the Engineer and Owner. Acceptable products and manufacturers include, Impervex Latex High Gloss Metal and Wood Enamel 309 by Benjamin Moore and Co, All Surface Enamel Latex Base by Sherwin-Williams or approved equal. Provide primer recommended/required by manufacturer. B. Rust-Inhibitive Primer: Provide a solvent-free, moisture-tolerant product specifically formulated as an anti-corrosion coating, 2 coats, 20 mils total dry film thickness minimum. Provide primer as recommended by the manufacturer. Acceptable product and manufacturer include, but is not limited to: Super Spec HP Alkyd Metal Primer P06, by Benjamin Moore and Co. C. Interior Paint: Low odor latex paint with eggshell finish (or Owner required finish). Similar to Benjamin Moore Ben Interior Paint. Use primer recommended by the manufacturer. Minimum 3 mils dry film thickness total. D. Other Substrates: Primers and Finish coatings as recommended by the coating manufacturer for substrate. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 099113.2 – PAINTING Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 2.02 OTHER MATERIALS A. Provide other materials, not specifically described but required for a complete and proper installation, as selected by the Contractor subject to review of the Engineer. PART 3 EXECUTION 3.01 SURFACE CONDITIONS A. Examine the areas and conditions under which work of this section will be performed. Correct conditions detrimental to timely and proper completion of the work. Do not proceed until unsatisfactory conditions are corrected. 3.02 MATERIALS PREPARATION A. Mix and prepare materials in accordance with the manufacturer’s recommendations. When materials are not in use, store in tightly covered containers. Maintain containers used in storage, mixing, and application of paint in a clean condition, free from foreign materials and residue. B. Stir materials before application, producing a mixture of uniform density. 3.03 SURFACE PREPARATION A. Perform preparation and cleaning procedures in accordance with the manufacturer’s recommendations. Provide protection for adjacent items and finishes that are not receiving coating. B. Wire brush to remove any rust and surface corrosion prior to cleaning. Clean each surface to be painted prior to paint application to remove previous roof system materials (sealants, flashing, mastic, etc.). Schedule the cleaning and painting so that dust and other contaminants from construction will not fall onto wet or newly coated surfaces. 3.04 FIELD TEST APPLICATION A. Provide a test application of primer and finish coat on sample prior to proceeding with coating work to verify adhesion. B. Provide adhesion test in accordance with manufacturer’s instructions. C. Obtain approval from Engineer and Owner prior to proceeding with coating work. 3.05 INSTALLATION A. General: Apply in accordance with manufacturer’s installation instructions, latest edition. B. Drying: Allow sufficient drying time between coats, modifying the period as recommended by the material manufacturer to suit adverse weather conditions. C. Brush out and work the brush coats onto the surface in an even film. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 099113.3 – PAINTING Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 D. Cloudiness, spotting, holidays, laps, brush marks, runs, sags and other surface imperfections will not be acceptable. END OF SECTION 099113 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 221423.1 – ROOF DRAINS Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 SECTION 221423 ROOF DRAINS PART 1 GENERAL 1.01 WORK INCLUDED A. Install 8 new 3″ diameter primary drains on Roof Area B with a 4’ drain sump. The new primary drains should be set on the existing wood deck. Core the existing roof deck to allow for installation of a new 3″ I.D. vertical drain line, and transition to a 3″ I.D. horizontal drain line within the existing attic space. The new primary drain lines should be located around the perimeter, 4’ from the parapet wall, and at the same location of the existing parapet wall scupper openings. Core through the existing exterior masonry wall to allow for the horizontal drain line to run from the interior attic space out to a copper conductor head and downspout. The downspout should be located at the same location as existing downspouts and run into existing underground storm drainage where applicable. Locate the conductor head within the flattest section of the existing exterior cornice and remove trim as necessary. Ensure all conductor heads are located at the same elevation around the building. B. Install 8 new 4″ diameter secondary drains on Roof Area B. Do not sump or shave insulation around overflow drain. The new overflow drains should be set on wood blocking on the existing wood deck. Core the existing roof deck to allow for installation of a new 4″ I.D. vertical drain line, and transition to a 4″ I.D. horizontal drain line within the existing attic space. Core through the existing exterior masonry wall to allow for the horizontal drain line to run from the interior attic space out to a drain nozzle/lamb’s tongue. Locate the lamb’s tongue centered within the flattest section of the existing exterior cornice. Ensure all lamb’s tongues are located at the same elevation, and equal spacing from the new primary drain outlets/downspouts around the building. C. Test all drains/underground drainage for free flow prior to beginning of work. Clogged or blocked drains/pipes shall be reported to the Owner. D. Adjust the existing drain heights and add extensions as necessary to provide proper installation of the new roof system on Roof Areas C, E, and F. E. Install new 4″ diameter overflow scuppers and drain nozzles/lamb’s tongues at the locations shown on the drawings. 1.02 ENVIRONMENTAL CONDITIONS A. Materials installation shall proceed only when weather conditions are in compliance with the applicable manufacturer's recommendations for installation and no precipitation is imminent. Materials installed during adverse weather conditions shall be subject to rejection including removal and replacement. 1.03 SUBMITTALS DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 221423.2 – ROOF DRAINS Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 A. Submit manufacturer information on drains, CPVC or cast iron piping, elbows, connections and accessories. B. Submit shop drawings for pipe routes and connections. PART 2 PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. Josam Manufacturing Company; Zurn Industries, and JR Smith. B. Substitutions: Items of the same function and performance are acceptable in accordance with Section 016000. 2.02 MATERIALS – ROOF DRAIN AND PIPE REPLACEMENT A. Roof Drains: Shall be similar or approved equal to Zurn Z100 coated cast iron roof drain, having large cast iron locking dome, and steel deck clamp. Sizes shall be 3″. B. Overflow Drains: Shall be similar or approved equal to Zurn Z108 coated cast iron roof drain and steel deck clamp. Size shall be 4″. C. Drainage Pipe: Pipe shall be CPVC wrapped with fire rated insulation or Cast Iron. Provide straight pipe, elbows/sweeps, fittings, etc. as needed. Size as noted on the drawings. D. Pipe Hangers: Shall consist of a steel clevis, beam clamp and continuous threaded 3/8" diameter rod. E. Pipe Strap Fasteners: Shall be 1/4" stainless steel hex head sleeve anchors such as 304SS as manufactured by Hilti. F. Pipe Clamps: Shall be similar to B3148 Offset Pipe Clamp manufactured by Cooper. Clamps are to be painted to match the existing wall color. G. Pipe insulation shall be fiberglass insulation with a vapor retarder facing. All new pipes shall be insulated unless otherwise approved by the Designer. H. Overflow Discharge Nozzle: Shall be bronze with a wall flange similar to 1770 as manufactured by J.R. Smith. I. Structural Steel: Shall conform to ASTM A-36 and the American Institute of Steel Construction (AISC). J. Bolts: Shall conform to ASTM A-325. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 221423.3 – ROOF DRAINS Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 K. Fire Rated Sealant: Shall be a fire rated sealant to meet UL requirement to maintain existing firewall rating. Similar to AC-20 FTR as manufactured by Pecora. To be used in conjunction with fire blocking material. L. Miscellaneous: Cast iron drain extension rings, domes, clamping rings. PART 3 EXECUTION 3.01 INSTALLATION-GENERAL A. Frame the deck opening for the new drain. B. Core the existing wood roof deck to allow for installation of a new vertical drain line (Primary - 3″ I.D., Secondary – 4″ I.D.), and transition to a (Primary - 3″ I.D., Secondary – 4″ I.D.), horizontal drain line within the existing attic space. Core through the existing exterior masonry wall to allow for the horizontal drain line to run from the interior attic space out to a copper conductor head and downspout. C. Contractor shall install pipes and accessories (Install drain bowl as required). Contractor shall be responsible for cutting and repairing deck or gypsum ceiling. D. Dimensions and locations on plans are approximations and should be field-verified by the Contractor before proceeding with work. E. Install new pipe and drains in accordance with membrane manufacturer's recommendations and detail drawings. F. Obtain hot work permit as applicable. 3.02 DRAINS AND PIPE A. Install new pipes at location shown on the drawings. B. If required, install new steel angle to support drain bowl in accordance with the American Institute of Steel Construction (AISC) Specification for the Design, Fabrication and Erection of Structural Steel for Buildings and Bridges (latest edition), hereinafter referred to as the AISC Specification, and the AISC Code of Standard Practice for Steel Buildings and Bridges (latest edition) shall govern the work. Welding shall be in accordance with American Welding Society (AWS) Structural Welding Code - Steel, D1.1-84, hereinafter referred to as the AWS Code. High-strength bolting shall be in accordance with Research Council on Structural Connections (RCSC) Specifications for Structural Joints Using ASTM A 325 or A 490 Bolts (latest edition). C. Support drain piping with pipe hangers spaced at 10 feet maximum; provide minimum of two hangers per length of pipe. All piping shall be installed to provide required minimum positive slope for drainage. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 221423.4 – ROOF DRAINS Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 D. All ceilings and walls breached as a result of installing new drains and piping shall be repaired with like materials. Maintain current 2-hour firewall standards and rated penetration UL fire. See UL System No. W-L-3082 for wall assembly and penetration.. E. New interior pipe shall be insulated. F. At locations where piping is designated to breach exterior walls, provide appropriate sleeves and fittings. END OF SECTION 221423 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 230800.1- GENERAL MECHANICAL AND ELECTRICAL REQUIREMENTS Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 SECTION 230000 MECHANICAL AND ELECTRICAL REQUIREMENTS PART 1 GENERAL 1.01 WORK INCLUDED A. Provide labor, materials, equipment and supervision necessary for inspection, disconnection, relocation, reinstallation, reconnection, and recharging of existing rooftop equipment and associated extensions of and/or modifications to existing mechanical connections, electrical connections, ductwork, control wiring, or pneumatic lines. This work is associated with raising the existing units and is only required as needed to maintain units in operational condition after roof replacement. B. Provide labor, materials, equipment and supervision necessary for inspection of, repairs to, and any associated extensions of and/or modifications to existing electrical, control, and/or other wiring. C. Provide materials, equipment and supervision necessary for other miscellaneous electrical and/or mechanical work not specifically listed but required for complete and proper installation of the work as specified herein or shown on the drawings. 1.02 QUALITY ASSURANCE A. Perform mechanical and electrical work in accordance with the latest adopted editions of the National Mechanical Code, the National Electrical Code, EPA, NFPA, and other applicable local regulations. B. In addition to compliance with laws and regulations stated in Paragraph 1.02A, work shall conform to applicable standards of UL, ASME, ANSI, and other authorities or agencies to which specific reference is made by specifications and/or manufacturer’s installation instructions. C. The Contractor shall secure and pay for all necessary permits, fees and inspections and prepare all drawings required by applicable state and local codes. D. Check all equipment to ensure it is in proper working order prior to construction. Notify the Designer/Owner of any equipment that is damaged or is not working properly. Any equipment found to be damaged or not in working order after the beginning of construction will be repaired/replaced by the Contractor at no cost to the Owner. 1.03 WARRANTY A. If replacement of an existing mechanical unit(s) or electrical component(s) becomes necessary, due to damage during construction activities, provide the equipment or component manufacturer’s standard product warranty in addition to the Contractor’s five-year warranty against defects of materials and workmanship beginning with date of substantial completion at no cost to the Owner. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 230800.2- GENERAL MECHANICAL AND ELECTRICAL REQUIREMENTS Project Manual for Whitted Building Roof Replacement Orange County, Hillsborough, NC Prepared by Atlas Engineering, Inc., 551-A Pylon Drive – Raleigh, NC 27606 May 2022 PART 2 PRODUCTS 2.01 MATERIALS A Provide materials and accessories required for a complete and proper installation of the work as specified herein and on the project drawings in accordance with applicable local, state, and federal codes and regulations. B. Materials and equipment shall bear certification of UL, ASME where such labels are customary, required, or specified. PART 3 EXECUTION 3.01 DOCUMENTATION OF EXISTING CONDITION A. Document locations of units, piping/conduit and other penetrations on a schematic roof layout. 3.02 INSTALLATION A. If a unit is replaced due to damage during construction, install new unit in accordance with manufacturer’s requirements. END OF SECTION 230000 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD Proposal Form –Whitted Building Roof Replacement 1 of 4 F O R M OF P R O P O S A L Whitted Building Roof Replacement Contract: Orange County, Hillsborough, NC Bidder: Date: The undersigned, as bidder, hereby declares that the only person or persons interested in this proposal as principal or principals is or are named herein and that no other person than herein mentioned has any interest in this proposal or in the contract to be entered into; that this proposal is made without connection with any other person, company or parties making a bid or proposal; and that it is in all respects fair and in good faith without collusion or fraud. The bidder further declares that he has examined the site of the work and the contract documents relative thereto and has read all special provisions furnished prior to the opening of bids; that he has satisfied himself relative to the work to be performed. The bidder further declares that he and his subcontractors have fully complied with NCGS 64, Article 2 in regards to E-Verification as required by Section 2.(c) of Session Law 2013-418, codified as N.C. Gen. Stat. § 143-129(j). . The Bidder proposes and agrees if this proposal is accepted to contract with the Orange County, a political subdivision of the State of North Carolina (Orange County) in the form of contract specified below, to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary to complete the construction of Whitted Building Roof Replacement in full in complete accordance with the plans, specifications, and contract documents, to the full and entire satisfaction of Orange County and Atlas Engineering, Inc. with a definite understanding that no money will be allowed for extra work except as set forth in the General Conditions and the contract documents, for the sum of: SINGLE PRIME CONTRACT: Base Bid: Dollars($) General Subcontractor: Plumbing Subcontractor: Lic Lic Mechanical Subcontractor: Electrical Subcontractor: Lic Lic GS143-128(d) requires all single prime bidders to identify their subcontractors for the above subdivisions of work. A contractor whose bid is accepted shall not substitute any person as subcontractor in the place of the subcontractor listed in the original bid, except (i) if the listed subcontractor's bid is later determined by the contractor to be non-responsible or non-responsive or the listed subcontractor refuses to enter into a contract for the complete performance of the bid work, or (ii) with the approval of the awarding authority for good cause shown by the contractor. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD Proposal Form –Whitted Building Roof Replacement 2 of 4 ALTERNATES: Should any of the alternates as described in the contract documents be accepted, the amount written below shall be the amount to be “added to” or “deducted from” the base bid. (Strike out “Add” or “Deduct” as appropriate.) GENERAL CONTRACT: Bid Alternate 01: Replace the gravity vents on Roof Area B with copper gravity vents to match existing profile. (Add)(Deduct) Dollars($)_________________ Bid Alternate 02: Replace the chimney caps with copper chimney caps to match existing profile. (Add)(Deduct) Dollars($)_________________ Bid Alternate 03: Mechanically fasten coverboard, insulation, and thermal underlayment to existing deck on all areas (Add)(Deduct) Dollars($)_________________ UNIT PRICES Estimated quantities for each item below as defined in Section 012100, Paragraph 1.03.A of the Project Manual, shall be considered to have already been included within the base bid amount proposed above. The unit prices provided below shall be applied as appropriate, to compute the total value of changes in the scope of the work in the event that the quantity of actual work performed is more than or less than the estimated quantity. Unit prices quoted and accepted shall apply throughout the life of the contract, except as otherwise specifically noted. Unit prices shall be applied, as appropriate, to compute the total value of changes in the base bid quantity of the work all in accordance with the contract documents. GENERAL CONTRACT: No. 1 Metal Deck Restoration (sq.ft.) Unit Price ($) No. 2 Metal Deck Replacement (sq.ft.) Unit Price ($) No. 3 Metal Deck Repair (sq. ft.) Unit Price ($) No. 4 Wood Deck Replacement (sq.ft.) Unit Price ($) No. 5 Wood Deck Repair (sq.ft.) Unit Price ($)_____________ No. 6 Wood Blocking Replacement (bd.ft.) Unit Price ($)_____________ No. 6 Plywood Replacement (sq.ft.) Unit Price ($)_____________ No. 7 Additional Walk Tread Installation (ln. ft.) Unit Price ($) ____________ The bidder further proposes and agrees hereby to commence work under this contract on a date to be specified in a written order of the designer and shall fully complete all work thereunder within the time specified in the Supplementary General Conditions Article 23. Applicable liquidated damages amount is also stated in the Supplementary General Conditions Article 23. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD Proposal Form –Whitted Building Roof Replacement 3 of 4 MINORITY BUSINESS PARTICIPATION REQUIREMENTS Provide with the bid - Under GS 143-128.2(c) the undersigned bidder shall identify on its bid (Identification of Minority Business Participation Form) the minority businesses that it will use on the project with the total dollar value of the bids that will be performed by the minority businesses. Also list the good faith efforts (Affidavit A) made to solicit minority participation in the bid effort. NOTE: A contractor that performs all of the work with its own workforce may submit an Affidavit (B) to that effect in lieu of Affidavit (A) required above. The MB Participation Form must still be submitted even if there is zero participation. After the bid opening - The Owner will consider all bids and alternates and determine the lowest responsible, responsive bidder. Upon notification of being the apparent low bidder, the bidder shall then file within 72 hours of the notification of being the apparent lowest bidder, the following: An Affidavit (C) that includes a description of the portion of work to be executed by minority businesses, expressed as a percentage of the total contract price, which is equal to or more than the 10% goal established. This affidavit shall give rise to the presumption that the bidder has made the required good faith effort and Affidavit D is not necessary; * OR * If less than the 10% goal, Affidavit (D) of its good faith effort to meet the goal shall be provided. The document must include evidence of all good faith efforts that were implemented, including any advertisements, solicitations and other specific actions demonstrating recruitment and selection of minority businesses for participation in the contract. Note: Bidders must always submit with their bid the Identification of Minority Business Participation Form listing all MB contractors, vendors and suppliers that will be used. If there is no MB participation, then enter none or zero on the form. Affidavit A or Affidavit B, as applicable, also must be submitted with the bid. Failure to file a required affidavit or documentation with the bid or after being notified apparent low bidder is grounds for rejection of the bid. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD Proposal Form –Whitted Building Roof Replacement 4 of 4 Proposal Signature Page The undersigned further agrees that in the case of failure on his part to execute the said contract and the bonds within ten (10) consecutive calendar days after being given written notice of the award of contract, the certified check, cash or bid bond accompanying this bid shall be paid into the funds of the owner's account set aside for the project, as liquidated damages for such failure; otherwise the certified check, cash or bid bond accompanying this proposal shall be returned to the undersigned. Respectfully submitted this day of (Name of firm or corporation making bid) WITNESS: By: Signature Name: (Proprietorship or Partnership) Print or type Title______________ (Owner/Partner/Pres./V.Pres) Address ATTEST: By: License No. Title: Federal I.D. No. (Corp. Sec. or Asst. Sec. only) Email Address: (CORPORATE SEAL) Addendum received and used in computing bid: Addendum No. 1 Addendum No. 3 Addendum No. 5 Addendum No. 7 Addendum No. 2 Addendum No. 4 Addendum No. 6 Addendum No. 8 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD FORM OF BID BOND KNOW ALL MEN BY THESE PRESENTS THAT ________________ __________________________________________________________________ as principal, and _______________________________________________, as surety, who is duly licensed to act as surety in North Carolina, are held and firmly bound unto Orange County, a political subdivision of the State of North Carolina through as obligee, in the penal sum of ___________________________ DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed, sealed and dated this day of 20 WHEREAS, the said principal is herewith submitting proposal for and the principal desires to file this bid bond in lieu of making the cash deposit as required by G.S. 143-129. NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION is such, that if the principal shall be awarded the contract for which the bid is submitted and shall execute the contract and give bond for the faithful performance thereof within ten days after the award of same to the principal, then this obligation shall be null and void; but if the principal fails to so execute such contract and give performance bond as required by G.S. 143-129, the surety shall, upon demand, forthwith pay to the obligee the amount set forth in the first paragraph hereof. Provided further, that the bid may be withdrawn as provided by G.S. 143-129.1 (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD Contractor’s Safety Record Information The Contractor’s safety record shall be reviewed and evaluated in addition to other quality and performance criteria as part of bid evaluation process. Failure to provide the requested information and documentation may result in rejection of your bid as non-responsive. Accordingly, all bidders must submit the following information regarding their safety record. The following definitions shall apply to this section: “DART incident rate” – Acronym for “Days Away, Restrictions and Transfers”. The DART incident rate may be used to show the relative level of injuries and illnesses within a firm compared to the industry. It is based only on those injuries and illnesses severe enough to warrant “Days Away, Restrictions and Transfers”. The DART incident rate is calculated using OSHA’s Form 300 and the following formula: ((Number of entries in column H (days away from work) + column I (job transfer or restriction) x 200,000) / (Number of hours worked by all employees) = DART Incident rate. “EMR” – Acronym for “Experience Modification Rate,” is an indicator of a contractor’s past safety performance, widely used by the insurance industry as an equitable means of determining premiums for workers' compensation insurance. The rating system considers the average workers' compensation losses for a given firm's type of work and amount of payroll and predicts the dollar amount of expected losses to be paid by that employer in a designated rating period, usually three years. The rating is based on comparison of firms doing similar types of work, and the employer is rated against the average expected performance in each work classification. Losses incurred by the employer for the rating period are then compared to the expected losses to develop an experience rating. “OSHA” – Acronym for the Federal Occupational Health and Safety Administration. The term “OSHA” as used in this Policy also refers to any state or local agency having jurisdictional authorization to enforce worker safety requirements and assess fines or warnings for violation of worker safety standards. 1. OSHA DART Incident Rate. Provide the bidder’s DART Incident Rate calculated from OSHA’s Form 300 for the last three years and the other required information shown in the example table below. The bidder must attach all supporting documentation and calculations including certified OSHA forms. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD YEAR CONTRACTOR DART INCIDENT RATE INDUSTRY DART INCIDENT RATE INDUSTRY FIELD AND CODE 2. Experience Modification Rate (EMR). Provide the bidder’s most recent Experience Modification Rate (EMR) based on insurance claims history. The bidder must provide the source of the EMR information and contact information of insurer entity providing the EMR. YEAR CONTRACTOR EMR INDUSTRY FIELD AND CODE NAME AND CONTACT INFO FOR EMR INFORMATION 3. Answer the following OSHA Specific Questions: (a) Within the last 2 years, has the bidder received any citations classified by OSHA as being (1) serious, (2) willful and/or (3) repeat violations where your company operates? Yes _____ No ________ If yes, attach a copy of each such citation and violation. (b) Has the bidder experienced any work-related fatalities within the last five years? Yes ______ No ______ DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD (c) Has the bidder had any citations issued by OSHA as a result of work related fatalities within the past 5 years? Yes ______ No ______ (d) Is the bidder under investigation for any work-related fatalities? Yes ______ No ______ (e) If your answer is “yes” to 3(b), (c) or (d), provide a copy of the citation(s), list of number(s) of fatalities and documented explanation of the fatality. 4. Safety Plan: (a) Does the company have a written safety program that includes responsibility for all aspects of safety management? Yes_________ No _______ (b) Does the company have a written plan for safety training of new employees and ongoing training of existing employees? Yes_________ No _______ (c) Does the company have documented evidence of safety training that they have conducted? Yes_________ No _______ (d) If the company has employees with limited English ability, does the company have a written plan for ensuring that their employees understand the training they are being given? Yes_________ No _______ (e) Do all supervisors have an appropriate documented level of OSHA training (e.g., a minimum of 30 hour OSHA construction safety training)? Yes_________ No _______ DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD (f) Do employees have documented basic OSHA 10 hour construction safety training? Yes_________ No _______ (g) Does the company have a documented Hazard Communication Program? Yes_________ No _______ 5. Required Written Explanation of Safety Record. If the bidder has any of the following: (a) DART incident rate greater than its industry average, (b) an EMR greater than 1.0, (c) answered “yes” to any of the OSHA Specific Question above, or (d) answered “no” to any of the Safety Plan questions, the bidder shall provide the County, in its bid, a detailed written explanation of its safety record and the reasons why such safety history is NOT representative of its future performance and what specific actions it has taken to improve its overall safety record. Failure to provide a written explanation of its safety record pursuant to this paragraph may be deemed as non-responsive by the County. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD Section I: General Government and Administration Policy 10.0: Living Wage Contractor Policy Reviewed by: County Attorney/County Manager Approved by: County Manager Original Effective Date: April 21, 2016 Revisions: August 1, 2016 Policy Statement It is the policy of Orange County to ensure its employees, and all individuals who provide services for Orange County, are paid a living wage. Purpose To encourage all vendors and contractors to pay a living wage to all employees who perform work pursuant to a contract with Orange County. Applicability Applies to all Orange County contracts and purchases. Policy 10.1 Living Wage 10.1.1 Orange County is committed to providing its employees with a living wage and encourages all contractors and vendors doing business with Orange County to pursue the same goal. Orange County’s living wage is as reflected in the adopted Orange County Budget and as that budget document is amended from time to time. To the extent possible, Orange County recommends that contractors and vendors seeking to do business with Orange County provide a living wage to their employees. 10.1.2 Prior to final execution of a contract with Orange County all contractors and vendors seeking to do business with Orange County shall submit to the County’s representative a statement indicating whether those employees who will perform work on the Orange County contract are paid at least the living wage amount set out above. If such employees do not make at least the living wage amount set out above the contractor or vendor shall indicate in the statement the actual amount paid to such employees. For bid projects this statement should be submitted as part of the bid packet. This policy may be reviewed annually and updated as needed by the Manager’s Office Acknowledged Receipt by: ____________________________________________________ Company Name: ____________________________________________________________ Date: ___________________________________________________________________ DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD ORANGE COUNTY NONDISCRIMINATION CERTIFICATION The undersigned bidder or proposer hereby certifies and agrees that the following information is correct: 1. In preparing its enclosed bid or proposal, the undersigned bidder or proposer has considered all bids and proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in discrimination as defined in Section 12 -52 of the Orange County Non-discrimination Ordinance. 2. Without limiting any other remedies that Orange Co unty may have for a false certification, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for Orange County to reject the bid or proposal submitted with this certification, and terminate any contract awarded based on such bid or proposal. It shall also subject the bidder or proposer to disqualification from participating in county contracts or bid processes for up to two years. 3. As a condition of contracting with Orange County, the undersigned bidder or proposer agrees to promptly provide to Orange County all information and documentation that may be requested by Orange County from time to time regarding the solicitation and selection of suppliers and subcontractors in connection with this solicitation process. Failure to maintain or failure to provide such information constitutes grounds for Orange County to reject the bid or proposal and to terminate, without penalty to Orange County, any contract awarded on such bid or proposal. All such information and documentation shall be maintained for a period of three years after the expiration of the contract. 4. As part of its bid or proposal, the undersigned bidder or proposer shall provide to Orange County a list of all instances within the past ten years where a complaint was filed or pending against bidder or proposer in a legal or administrative proceeding alleging that bidder or proposer discriminated against its subcontractors, vendors, suppliers, or commercial customers, and a description of the status or resolution of that complaint, including any remedial action taken. 5. As a condition of submitting a bid or proposal to Orange County the undersigned bidder or proposer agrees to comply with the Orange County Non-discrimination Ordinance. Falsification of this certification shall constitute a violation of the Orange DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD County Non-Discrimination Ordinance and shall be grounds for rejection of the bid or proposal or termination of an existing contract, without fault or further obligation to Orange County. 6. As a condition of submitting a bid or proposal to Orange County the undersigned bidder or proposer agrees that Orange County may consider the information submitted as part of this certification in its determination of the responsibility of the undersigned bidder or proposer. The undersigned bidder or proposer, as the case may be, waives the right to challenge the rejection of a bid or proposal when such rejection is based, in its entirety, on information submitted as part of this certification. The bidder or proposer certifies the undersigned has full authority to sign on its behalf. By:________________________________________ ___________________________________________ Printed Name and Title On behalf of _________________________________ ___________________________________________ Company or Corporate name Date: ______________________________________ DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD STATE OF NORTH CAROLINA AFFIDAVIT ORANGE COUNTY ************************** I, ____________________________(the individual attesting below), being duly authorized by and on behalf of ________________________________ (the entity bidding on project hereinafter "Employer") after first being duly sworn hereby swears or affirms as follows: 1. Employer understands that E-Verify is the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law in accordance with NCGS §64-25(5). 2. Employer understands that Employers Must Use E-Verify. Each employer, after hiring an employee to work in the United States, shall verify the work authorization of the employee through E-Verify in accordance with NCGS§64-26(a). 3. Employer is a person, business entity, or other organization that transacts business in this State and that employs 25 or more employees in this State. (mark Yes or No) a. YES _____, or b. NO _____ 4. Employer's subcontractors comply with E-Verify, and if Employer is the winning bidder on this project Employer will ensure compliance with E-Verify by any subcontractors subsequently hired by Employer. This ____ day of _______________, 201_. Signature of Affiant Print or Type Name: _________________________ State of North Carolina, _________ County Signed and sworn to (or affirmed) before me, this the _____ day of ________________, 20__. My Commission Expires: Notary Public (Affix Official/Notarial Seal) DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD Revised 06/21 1 [Departmental Use Only] TITLE Whitted Complex Replace Roof FY 2022-2023 NORTH CAROLINA CONSTRUCTION AGREEMENT OVER $250,000.00 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter called “Agreement”), made as of the day of , 20 , by and between , (hereinafter called the “Contractor”), and Orange County, a political subdivision of the State of North Carolina, (hereinafter called the “County,” “Orange County,” or “Owner”). W I T N E S S E T H: That the Contractor and the Owner, for the consideration herein named, agree as follows: 1. 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 Atlas Engineering, Inc. (Sheet dated ) b. Written specifications prepared by the Designer. c. proposal dated , 20 which fully describes the work to be performed, such work (hereinafter called the “Work”). DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD Revised 06/21 2 d. Related documents listed under Section 1 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 , 20 . c. Time is of the essence with respect to all dates specified in the Contract Documents as Completion Dates. d. The Contractor shall perform the Work in the time, manner and form required by the Contract Documents and as stipulated in a written Notice-to-Proceed to be executed by the Contractor and Owner. 4. STANDARD OF CARE AND DUTIES OF CONTRACTOR a. The Contractor shall exercise reasonable care and diligence in performing the Work in accordance with the generally accepted standards of this type of Contractor practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Contractor is solely responsible for the professional quality, accuracy and timely completion and 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.orangecountync.gov/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. f. If activities related to the performance of this Agreement require specific licenses, DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD Revised 06/21 3 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. l. 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 Dollars ($ ). Not later than the fifth (5th) day of each calendar month the Contractor shall submit to the Owner’s Representative, generally the Designer if a Designer is retained on the Work, a Request for Payment for work done during the previous calendar month. (i) The Request for Payment shall be in form of a standardized invoice or AIA Document G702-703 appropriately addressed to Owner’s Representative at 551 A Pylon Drive, Raleigh, NC 27606 and shall show substantially the value of work done during the previous calendar month. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD Revised 06/21 4 (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 (2½%). (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. (3) The Owner may discontinue withholding retainage in accordance with the provisions of NCGS-143-(b1)(2) when the project is 50% complete. (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 5.4(e) of Exhibit 1 has been received and approved 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 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD Revised 06/21 5 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 or 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 or 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. 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 Attn: A. Barnes P.O. Box 8181 Hillsborough, NC 27278 8. MISCELLANEOUS a. Duties and Obligations imposed by the Contract Documents shall be in addition to any Duties and Obligations imposed by state, federal or local law, rules, regulations and ordinances. b. No act or failure to act by the Owner or Contractor shall constitute a waiver of any right or duty granted them under the Contract Documents, nor shall any act or failure to act constitute any approval except as specifically agreed in writing. c. The Work shall be tested and inspected as required by the Contract Documents and as required by law. Unless prohibited by law the costs of all such tests and inspections related to state and federal codes such as ADA, Administrative, Electrical, Plumbing, Mechanical and Building Codes shall be borne by the Contractor. The costs for material and structural testing shall be conducted by an independent third party at the expense of the Owner. Delays related to any of the aforementioned tests and inspections shall not be grounds for delaying the completion of the work. If any such tests and inspections reveal deficiencies in the Work such that the Work does not comply with terms or requirements of the Contract Documents and 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 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD Revised 06/21 6 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 (Angel Barnes) 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] DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD Revised 06/21 7 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: By: _________________________________ By: __________________________________ Printed Name and Title DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD Revised 06/21 8 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: --- For Section XIV. c. contracts only, Approved by Board in Current FY Budget Yes No 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 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:_________ DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD FORM OF PERFORMANCE BOND Date of Contract: Date of Execution: Name of Principal (Contractor) Name of Surety: Name of Contracting Body: Amount of Bond: Project KNOW ALL MEN BY THESE PRESENTS, that we, the principal and surety above named, are held and firmly bound unto the above named contracting body, hereinafter called the contracting body, in the penal sum of the amount stated above for the payment of which sum well and truly to be made, we bind, ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal entered into a certain contract with the contracting body, identified as shown above and hereto attached: NOW, THEREFORE, if the principal shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of said contract during the original term of said contract and any extensions thereof that may be granted by the contracting body, with or without notice to the surety, and during the life of any guaranty required under the contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to the surety being hereby waived, then, this obligation to be void; otherwise to remain in full force and virtue. IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals on the date indicated above, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD Executed in counterparts. Witness: ____________________________________ Contractor: (Trade or Corporate Name) _______________________________ By: ________________________________ (Proprietorship or Partnership) Attest: (Corporation) Title: _______________________________ (Owner, Partner, or Corp. Pres. or Vice Pres. only) By: _______________________________ Title: ______________________________ (Corp. Sec. or Asst. Sec. only) (Corporate Seal) ___________________________________ (Surety Company) Witness: By: ________________________________ ________________________________ Title: _______________________________ (Attorney in Fact) Countersigned: ________________________________ (Surety Corporate Seal) ________________________________ (N.C. Licensed Resident Agent) ________________________________ ________________________________ Name and Address-Surety Agency ________________________________ ________________________________ Surety Company Name and N.C. Regional or Branch Office Address DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD FORM OF PAYMENT BOND Date of Contract: Date of Execution: Name of Principal (Contractor) Name of Surety: Name of Contracting Body: Amount of Bond: Project KNOW ALL MEN BY THESE PRESENTS, that we, the principal and surety above named, are held and firmly bound unto the above named contracting body, hereinafter called the contracting body, in the penal sum of the amount stated above for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal entered into a certain contract with the contracting body identified as shown above and hereto attached: NOW, THEREFORE, if the principal shall promptly make payment to all persons supplying labor/material in the prosecution of the work provided for in said contract, and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to the surety being hereby waived, then this obligation to be void; otherwise to remain in full force and virtue. IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals on the date indicated above, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Executed in counterparts. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD Witness: ____________________________________ Contractor: (Trade or Corporate Name) ______________________________________ By: ________________________________ (Proprietorship or Partnership) Attest: (Corporation) Title________________________________ (Owner, Partner, or Corp. Pres. or Vice Pres. only) By: ____________________________________ Title: ___________________________________ (Corp. Sec. or Asst. Sec.. only) (Corporate Seal) ____________________________________ (Surety Company) Witness: By: ________________________________ ________________________________ Title: _______________________________ (Attorney in Fact) Countersigned: ________________________________ (Surety Corporate Seal) ________________________________ (N.C. Licensed Resident Agent) ________________________________ ________________________________ Name and Address-Surety Agency ________________________________ ________________________________ Surety Company Name and N.C. Regional or Branch Office Address DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD Sheet for Attaching Power of Attorney DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD Sheet for Attaching Insurance Certificates DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD Sheet for Attaching Living Wage Certification DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD REVISED REPORT SUMMARIZING BULK SAMPLING ANALYTICAL RESULTS FOR ROOF MATERIALS TO DETERMINE ASBESTOS CONTENT ORANGE COUNTY WHITTED BUILDING ROOF SYSTEM REPLACEMENT PROJECT 300 WEST TRYON STREET HILLSBOROUGH, NORTH CAROLINA 27278 PROJECT NO.: OLME-2022-02 FOR: ATLAS ENGINEERING, INC. 551-A PYLON DRIVE RALEIGH, NORTH CAROLINA 27606 BY: OLM ENVIRONMENTAL, LLC 2317 LOCKWOOD FOLLY LANE RALEIGH, NORTH CAROLINA 27610 PHONE: 919-212-3019 CELL: 919-931-0629 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD OLM Environmental, LLC PHONE: (919) 212-3019 2317 LOCKWOOD FOLLY LANE; RALEIGH, NC 27610 CELLPHONE: (919) 931-0629 March 15, 2022 Atlas Engineering, Inc. 551-A Pylon Drive Raleigh, North Carolina 27606 Attention: Rob Tatum, RRC Senior Designer Subject: Revised Report Summarizing Bulk Sampling Analytical Results for Roof Materials to Determine Asbestos Content Orange County Whitted Building Roof System Replacement Project 300 West Tryon Street Hillsborough, North Carolina 27278 Project No.: OLME-2022-02 Dear Mr. Tatum: OLM Environmental, LLC (OLME) is pleased to present this report summarizing the analytical results for the bulk sampling of suspect materials obtained from the existing roof systems to determine asbestos content. We understand that the current roof system(s) on the above-mentioned facility are planned for replacement. Atlas Engineering, Inc. (Atlas) located in Raleigh, North Carolina has been contracted by the Orange County to design and manage each replacement project. Atlas contracted OLME to assess the roof for suspect materials known to contain asbestos; to develop a sampling strategy; and report the analysis of the bulk sampling performed throughout the roof system. The roof’s assessment and bulk sample collection was performed by our inspectors on January 19, 2022. OLME representative, Oral L. McGirt, discussed and coordinated the sampling strategy with Atlas representatives, Rob Tatum, Tim Ford and Mark Iakovenko. Mr. McGirt and Mr. Tatum identified and agreed on the type of materials to be sampled. This report presents known survey procedures, survey results and recommendations and provides general information, such as the existence, general location, condition and type of identified asbestos-containing materials (ACM). SURVEY PROCEDURES Mr. McGirt conducted and discussed the visual assessment of the existing roof system(s) along with Mr. Tatum. At the completion of the roof assessment, a sampling strategy was determined; and bulk samples were obtained. Suspect materials were grouped based on material homogeneity. A homogeneous area is an DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD Revised Report Summarizing Bulk Sampling Analytical Results for Roof Materials March 15, 2022 to Determine Asbestos Content Page 2 Orange County Whitted Building Roof System Replacement Project 300 West Tryon Street Hillsborough, North Carolina 27278 Project No.: OLME-2022-02 area that contains materials that seem by texture, color and wear to be uniform and applied during the same general time period. ANALYSIS PROCEDURES Each bulk sample of suspect roofing material obtained was analyzed using Polarized Light Microscopy (PLM), coupled with Dispersion Staining as outlined in the Environmental Protection Agency's (EPA) accredited test method EPA 600/M4-82-020 that incorporates method EPA-600/R-93/116 where applicable as per 40 CFR 763. Summaries of the bulk samples identified to contain asbestos fibers in amounts greater than one percent (1%) is attached in the Sections of this report entitled, “Summary of Analysis Results”. A complete summary of the bulk sampling performed is attached in the Sections entitled, “Asbestos Bulk Sampling Record”. SUMMARY OF ANALYSIS RESULTS Asbestos was not detected in bulk samples of roof core, roof flashing, various types of sealants, blown-in insulation (perlite) and gypsum wallboard and joint seam sealant obtained from throughout the accessible roof systems as identified. The blown-in insulation and gypsum wallboard was sampled from the location where a “new” roof access hatch is planned. We have attached a copy of the PLM laboratory report for each of the identified roofs in section entitled, “AmeriSci Richmond - PLM Bulk Asbestos Report”. We have also attached “Photographs”, which detail the locations where sampling was performed. We have also attached a “Site and Sampling Locations Drawing” which displays the roof layouts and bulk sampling locations. QUALIFICATIONS This report summarizes OLME’s evaluation of the conditions observed at the Orange County Whitted Building roof system(s) identified for replacement. Our findings are based upon our observations, discussions and the analytical results for the bulk sampling obtained. Any conditions discovered which deviate from the data contained in this report should be presented to us for our evaluation. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD Revised Report Summarizing Bulk Sampling Analytical Results for Roof Materials March 15, 2022 to Determine Asbestos Content Page 3 Orange County Whitted Building Roof System Replacement Project 300 West Tryon Street Hillsborough, North Carolina 27278 Project No.: OLME-2022-02 OLME appreciates the opportunity to have provided these services and look forward to working with Orange County and Atlas on this and future projects. If there are any questions concerning this report or results, please contact us. Sincerely, OLM Environmental, LLC Oral L. McGirt Asbestos Project Manager N.C. Inspector No. 10755 Attachments: Asbestos Bulk Sampling Record AmeriSci Richmond - PLM Bulk Asbestos Report Photographs Site and Sampling Locations Drawing DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD ASBESTOS BULK SAMPLING RECORD DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD ASBESTOS BULK SAMPLING RECORD ORANGE COUNTY WHITTED BUILDING ROOF SYSTEM REPLACEMENT PROJECT 300 WEST TRYON STREET HILLSBOROUGH, NORTH CAROLINA 27278 PROJECT NO.: OLME-2022-02 INSPECTORS: ORAL L. McGIRT/ROB TATUM/TIM FORD/MARK IAKOVENKO INSPECTION DATE: JANUARY 19, 2022 SAMPLE NUMBER SAMPLE LOCATION TYPE OF MATERIAL TYPE OF ASBESTOS AND PERCENTAGE OCWB-1 Roof A – South Side, Southeast Corner Near Roof E Roof Core (AC-1) Roofing/Fiberboard/ Foam Insulation: None Detected OCWB-2 Roof A – West Side, Northwest Corner Near Roof F Roof Core (AC-2) Roofing/Fiberboard/ Foam Insulation: None Detected OCWB-3 Roof A – North Side, Central Roof Core (AC-3) Roofing/Fiberboard/ Foam Insulation: None Detected OCWB-4 Roof B – North Side, Northeast Corner Roof Core (BC-1) Roofing/Fiberboard/ Foam Insulation: None Detected OCWB-5 Roof B – Central Roof Core (BC-2) Roofing/Fiberboard/ Foam Insulation: None Detected OCWB-6 Roof B – South Side, Southwest Corner Roof Core (BC-3) Roofing/Fiberboard/ Foam Insulation: None Detected OCWB-7 Roof C – West Side, Central Roof Core (CC-1) Roofing/Fiberboard/ Foam Insulation: None Detected OCWB-8 Roof F - Central Roof Core (FC-1) Roofing/Fiberboard/ Foam Insulation: None Detected OCWB-9 Roof A – East Side, Along South Side Parapet Wall Roof Flashing (AF-1)Black/White Roofing: None Detected OCWB-10 Roof A – West Side, Along North Side Seam on Parapet Wall Roof Flashing (AF-2)Black/White Roofing: None Detected OCWB-11 Roof A – North Side, Along Exhaust Fan Penetration Curb Roof Flashing (AF-3) Black/White Roofing: None Detected White Insulation: None Detected OCWB-12 Roof A – North Side, Along East Side Parapet Wall Roof Flashing (AF-4)Black/White Roofing: None Detected DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD ASBESTOS BULK SAMPLING RECORD ORANGE COUNTY WHITTED BUILDING ROOF SYSTEM REPLACEMENT PROJECT 300 WEST TRYON STREET HILLSBOROUGH, NORTH CAROLINA 27278 PROJECT NO.: OLME-2022-02 INSPECTORS: ORAL L. McGIRT/ROB TATUM/TIM FORD/MARK IAKOVENKO INSPECTION DATE: JANUARY 19, 2022 SAMPLE NUMBER SAMPLE LOCATION TYPE OF MATERIAL TYPE OF ASBESTOS AND PERCENTAGE OCWB-13 Roof B – North Side, Along West Side Parapet Wall Roof Flashing (BF-1)Black Bulk Material: None Detected OCWB-14 Roof B – Central, Along Exhaust Fan Penetration Curb Roof Flashing (BF-2)Black Bulk Material: None Detected OCWB-15 Roof B – South Side, Along East Side Parapet Wall Roof Flashing (BF-3)Black Bulk Material: None Detected OCWB-16 Roof B – South Side, Along Roof Access Ladder Penetration Curb Roof Flashing (BF-4)Black Bulk Material: None Detected OCWB-17 Roof C – West Side, Along South Side Parapet Wall Roof Flashing (CF-1)Black Bulk Material: None Detected OCWB-18 Roof C – East Side, Along East Side Parapet Wall Roof Flashing (CF-2) Black/Gray Bulk Material: None Detected OCWB-19 Roof F – North Side Along North Side Parapet Wall Roof Flashing (FF-1) Black/Gray Bulk Material: None Detected OCWB-20 Roof C – West Side Parapet Wall Brown/Black Roof Sealant (CS-1) Black Bulk Material: None Detected OCWB-21 Roof C – North Side Elevator Shaft White/Black Roof Sealant (CS-2) Black Sealant: None Detected White Sealant: None Detected OCWB-22 Attic Space Near Elevator Under Roof A Blown-in Insulation (Perlite) Brown Bulk Material: None Detected OCWB-23 Attic Space Near Elevator Under Roof A Blown-in Insulation (Perlite) Brown Bulk Material: None Detected OCWB-24 Attic Space Near Elevator Under Roof A Blown-in Insulation (Perlite) Brown Bulk Material: None Detected OCWB-25 Stairwell Ceiling Near Elevator for Roof Access Location Gypsum Wallboard with Joint Seam Compound Wallboard and Compound: None Detected DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD ASBESTOS BULK SAMPLING RECORD ORANGE COUNTY WHITTED BUILDING ROOF SYSTEM REPLACEMENT PROJECT 300 WEST TRYON STREET HILLSBOROUGH, NORTH CAROLINA 27278 PROJECT NO.: OLME-2022-02 INSPECTORS: ORAL L. McGIRT/ROB TATUM/TIM FORD/MARK IAKOVENKO INSPECTION DATE: JANUARY 19, 2022 SAMPLE NUMBER SAMPLE LOCATION TYPE OF MATERIAL TYPE OF ASBESTOS AND PERCENTAGE OCWB-26 Stairwell Ceiling Near Elevator for Roof Access Location Gypsum Wallboard with Joint Seam Compound Wallboard and Compound: None Detected AmeriSci Laboratory - Richmond Virginia NVLAP Lab Code 101904-0 Oral L. McGirt North Carolina Inspector No. 10755 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD AMERISCI RICHMOND PLM BULK ASBESTOS REPORT DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD January 29, 2022 Dear Oral McGirt: OLM Environmental, LLC Attn: Oral McGirt 2317 Lockwood Folly Lane Raleigh, NC 27610 RE:OLM Environmental, LLC Job Number 122011934 P.O. #OLME-2022-02 OLME-2022-02; Orange County Whitted Building; Roofs A-F Replacement Projects AmeriSci Richmond 13635 GENITO ROAD MIDLOTHIAN, VIRGINIA 23112 TEL: 8047631200 FAX: 8047631800 Enclosed are the results for PLM asbestos analysis of the following OLM Environmental, LLC samples received at AmeriSci on Wednesday, January 26, 2022, for a 3 day turnaround: OCWB-1, OCWB-2, OCWB-3, OCWB-4, OCWB-5, OCWB-6, OCWB-7, OCWB-8, OCWB-9, OCWB-10, OCWB-11, OCWB-12, OCWB-13, OCWB-14, OCWB-15, OCWB-16, OCWB-17, OCWB-18, OCWB-19, OCWB-20, OCWB-21, OCWB-22, OCWB-23, OCWB-24, OCWB-25, OCWB-26 The 26 samples contained in zip lock bag were shipped to AmeriSci via Fed Ex 8147 2830 2262 B. These samples were prepared and analyzed according to EPA PLM Method (EPA 600/R-93/116 Section 2.2). The required analytical information, analysis results, analyst signature and laboratory identification are contained in the PLM Bulk Asbestos Report. If TEM analysis was requested for selected samples the gravimetric reduction data (by Sec 2.3) and TEM Asbestos % (by Sec 2.5) are included in Table 1 along with a summary of Asbestos % by PLM for all samples analyzed. This report relates ONLY to the sample analysis expressed as % asbestos. AmeriSci assumes no responsibility for customer supplied data such as “sample type”, "location", or “area sampled”. This report must not be used to claim product endorsement by AmeriSci, NVLAP or any agency of the U. S. Government. The National Institute of Standards and Technology accreditation requirements mandate that this report must not be reproduced, except in full, without the written approval of the laboratory. This report may contain specific data not covered by NVLAP or ELAP accreditations, if so identified in relevant footnotes. Jean L. Mayes Sincerely, QA Manager | Authorized Signatory AmeriSci appreciates this opportunity to serve your organization. Please contact us for any further assistance or with any questions. Boston - Los Angeles - New York - Richmond DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD AmeriSci Richmond 13635 GENITO ROAD MIDLOTHIAN, VIRGINIA 23112 TEL: (804) 763-1200 • FAX: (804) 763-1800 01/26/22 AmeriSci Job #122011934 01/28/22 1 10 OLME-2022-02; Orange County Whitted Building; Roofs A-F Replacement Projects PP L M Bulk Asb e s tos Repo rt DDate Received DDate Examined RRE: oofPPage PP.O. # OLM Environmental, LLC 2317 Lockwood Folly Lane Raleigh, NC 27610 Attn:Oral McGirt Asbestos Present Total % AsbestosClient No. / HGA Lab No. Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-1 122011934-01L1 NAD Roof A - South Side, Southeast Corner Near Roof E; Roof Core (AC-1)1 Black, Heterogeneous, Non-Fibrous, Roofing Fibrous glass 40%, Non-fibrous 60% (by CVES) by J. Samuel Baird on 01/28/22 Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-1 122011934-01L2 NAD Roof A - South Side, Southeast Corner Near Roof E; Roof Core (AC-1)1 Black, Heterogeneous, Non-Fibrous, Roofing Synthetic fibers 50%, Non-fibrous 50% (by CVES) by J. Samuel Baird on 01/28/22 Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-1 122011934-01L3 NAD Roof A - South Side, Southeast Corner Near Roof E; Roof Core (AC-1)1 Brown, Heterogeneous, Non-Fibrous, Fiber Board Cellulose 100% (by CVES) by J. Samuel Baird on 01/28/22 Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-1 122011934-01L4 NAD Roof A - South Side, Southeast Corner Near Roof E; Roof Core (AC-1)1 Yellow, Heterogeneous, Non-Fibrous, Foam Non-fibrous 100% (by CVES) by J. Samuel Baird on 01/28/22 Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-2 122011934-02L1 NAD Roof A - West Side, Northwest Corner Near Roof F; Roof Core (AC-2)1 Black, Heterogeneous, Non-Fibrous, Roofing Synthetic fibers 50%, Non-fibrous 50% (by CVES) by J. Samuel Baird on 01/28/22 See Reporting notes on last page DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD AmeriSci Job #:122011934 Page 2 of 10 OLME-2022-02; Orange County Whitted Building; Roofs A-F Replacement Projects PLM Bulk Asbestos Report Client Name:OLM Environmental, LLC Asbestos Present Total % AsbestosClient No. / HGA Lab No. Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-2 122011934-02L2 NAD Roof A - West Side, Northwest Corner Near Roof F; Roof Core (AC-2)1 Black, Heterogeneous, Non-Fibrous, Roofing Fibrous glass 25%, Non-fibrous 75% (by CVES) by J. Samuel Baird on 01/28/22 Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-2 122011934-02L3 NAD Roof A - West Side, Northwest Corner Near Roof F; Roof Core (AC-2)1 Brown, Heterogeneous, Non-Fibrous, Fiber Board Cellulose 100% (by CVES) by J. Samuel Baird on 01/28/22 Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-2 122011934-02L4 NAD Roof A - West Side, Northwest Corner Near Roof F; Roof Core (AC-2)1 Yellow, Heterogeneous, Non-Fibrous, Foam Non-fibrous 100% (by CVES) by J. Samuel Baird on 01/28/22 Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-3 122011934-03L1 NAD Roof A - North Side, Central; Roof Core (AC-3)1 White/Black, Heterogeneous, Non-Fibrous, Roofing Synthetic fibers 50%, Non-fibrous 50% (by CVES) by J. Samuel Baird on 01/28/22 Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-3 122011934-03L2 NAD Roof A - North Side, Central; Roof Core (AC-3)1 Black, Heterogeneous, Non-Fibrous, Roofing Fibrous glass 25%, Non-fibrous 75% (by CVES) by J. Samuel Baird on 01/28/22 Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-3 122011934-03L3 NAD Roof A - North Side, Central; Roof Core (AC-3)1 Brown, Heterogeneous, Non-Fibrous, Fiber Board Cellulose 100% (by CVES) by J. Samuel Baird on 01/28/22 See Reporting notes on last page DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD AmeriSci Job #:122011934 Page 3 of 10 OLME-2022-02; Orange County Whitted Building; Roofs A-F Replacement Projects PLM Bulk Asbestos Report Client Name:OLM Environmental, LLC Asbestos Present Total % AsbestosClient No. / HGA Lab No. Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-3 122011934-03L4 NAD Roof A - North Side, Central; Roof Core (AC-3)1 Yellow, Heterogeneous, Non-Fibrous, Foam Non-fibrous 100% (by CVES) by J. Samuel Baird on 01/28/22 Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-4 122011934-04L1 NAD Roof B - North Side, Central; Roof Core (BC-1)2 White/Black, Heterogeneous, Non-Fibrous, Roofing Synthetic fibers 50%, Non-fibrous 50% (by CVES) by J. Samuel Baird on 01/28/22 Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-4 122011934-04L2 NAD Roof B - North Side, Central; Roof Core (BC-1)2 Black, Heterogeneous, Non-Fibrous, Roofing Fibrous glass 25%, Non-fibrous 75% (by CVES) by J. Samuel Baird on 01/28/22 Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-4 122011934-04L3 NAD Roof B - North Side, Central; Roof Core (BC-1)2 Brown, Heterogeneous, Fibrous, Fiber Board Cellulose 100% (by CVES) by J. Samuel Baird on 01/28/22 Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-4 122011934-04L4 NAD Roof B - North Side, Central; Roof Core (BC-1)2 Yellow, Heterogeneous, Non-Fibrous, Foam Non-fibrous 100% (by CVES) by J. Samuel Baird on 01/28/22 Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-5 122011934-05L1 NAD Roof B - North Side, Northeast Corner; Roof Core (BC-2)2 White/Black, Heterogeneous, Non-Fibrous, Roofing Synthetic fibers 50%, Non-fibrous 50% (by CVES) by J. Samuel Baird on 01/28/22 See Reporting notes on last page DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD AmeriSci Job #:122011934 Page 4 of 10 OLME-2022-02; Orange County Whitted Building; Roofs A-F Replacement Projects PLM Bulk Asbestos Report Client Name:OLM Environmental, LLC Asbestos Present Total % AsbestosClient No. / HGA Lab No. Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-5 122011934-05L2 NAD Roof B - North Side, Northeast Corner; Roof Core (BC-2)2 Black, Heterogeneous, Non-Fibrous, Roofing Fibrous glass 25%, Non-fibrous 75% (by CVES) by J. Samuel Baird on 01/28/22 Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-5 122011934-05L3 NAD Roof B - North Side, Northeast Corner; Roof Core (BC-2)2 Brown, Heterogeneous, Fibrous, Fiber Board Cellulose 100% (by CVES) by J. Samuel Baird on 01/28/22 Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-5 122011934-05L4 NAD Roof B - North Side, Northeast Corner; Roof Core (BC-2)2 Yellow, Heterogeneous, Non-Fibrous, Foam Non-fibrous 100% (by CVES) by J. Samuel Baird on 01/28/22 Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-6 122011934-06L1 NAD Roof B - Central; Roof Core (BC-3)2 Black/White, Heterogeneous, Non-Fibrous, Roofing Synthetic fibers 20%, Non-fibrous 80% (by CVES) by Eric H. Ahles on 01/29/22 Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-6 122011934-06L2 NAD Roof B - Central; Roof Core (BC-3)2 Black, Heterogeneous, Non-Fibrous, Roofing Fibrous glass 10%, Non-fibrous 90% (by CVES) by Eric H. Ahles on 01/29/22 Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-6 122011934-06L3 NAD Roof B - Central; Roof Core (BC-3)2 Brown, Heterogeneous, Fibrous, Fiber Board Cellulose 100% (by CVES) by Eric H. Ahles on 01/29/22 See Reporting notes on last page DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD AmeriSci Job #:122011934 Page 5 of 10 OLME-2022-02; Orange County Whitted Building; Roofs A-F Replacement Projects PLM Bulk Asbestos Report Client Name:OLM Environmental, LLC Asbestos Present Total % AsbestosClient No. / HGA Lab No. Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-6 122011934-06L4 NAD Roof B - Central; Roof Core (BC-3)2 Yellow, Heterogeneous, Non-Fibrous, Foam Non-fibrous 100% (by CVES) by Eric H. Ahles on 01/29/22 Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-7 122011934-07L1 NAD Roof B - South Side, Southwest Corner; Roof Core (CC-1) Black/White, Heterogeneous, Non-Fibrous, Roofing Synthetic fibers 20%, Non-fibrous 80% (by CVES) by Eric H. Ahles on 01/29/22 Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-7 122011934-07L2 NAD Roof B - South Side, Southwest Corner; Roof Core (CC-1) Black, Heterogeneous, Non-Fibrous, Roofing Fibrous glass 10%, Non-fibrous 90% (by CVES) by Eric H. Ahles on 01/29/22 Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-7 122011934-07L3 NAD Roof B - South Side, Southwest Corner; Roof Core (CC-1) Brown, Heterogeneous, Fibrous, Fiber Board Cellulose 100% (by CVES) by Eric H. Ahles on 01/29/22 Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-7 122011934-07L4 NAD Roof B - South Side, Southwest Corner; Roof Core (CC-1) Yellow, Heterogeneous, Non-Fibrous, Foam Cellulose Trace, Non-fibrous 100% (by CVES) by Eric H. Ahles on 01/29/22 Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-8 122011934-08L1 NAD Roof F - Central; Roof Core (FC-1)3 Black/White, Heterogeneous, Non-Fibrous, Roofing Synthetic fibers 20%, Non-fibrous 80% (by CVES) by Eric H. Ahles on 01/29/22 See Reporting notes on last page DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD AmeriSci Job #:122011934 Page 6 of 10 OLME-2022-02; Orange County Whitted Building; Roofs A-F Replacement Projects PLM Bulk Asbestos Report Client Name:OLM Environmental, LLC Asbestos Present Total % AsbestosClient No. / HGA Lab No. Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-8 122011934-08L2 NAD Roof F - Central; Roof Core (FC-1)3 Black, Heterogeneous, Non-Fibrous, Roofing Fibrous glass 10%, Non-fibrous 90% (by CVES) by Eric H. Ahles on 01/29/22 Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-8 122011934-08L3 NAD Roof F - Central; Roof Core (FC-1)3 Brown, Heterogeneous, Fibrous, Fiber Board Cellulose 100% (by CVES) by Eric H. Ahles on 01/29/22 Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-8 122011934-08L4 NAD Roof F - Central; Roof Core (FC-1)3 Yellow, Heterogeneous, Non-Fibrous, Foam Non-fibrous 100% (by CVES) by Eric H. Ahles on 01/29/22 Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-9 122011934-09 NAD Roof A - East Side, Along South Side Parapet Wall; Roof Flashing (AF-1)3 Black/White, Heterogeneous, Non-Fibrous, Roofing Cellulose Trace, Synthetic fibers 3%, Non-fibrous 97% (by CVES) by Eric H. Ahles on 01/29/22 Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-10 122011934-10 NAD Roof A - West Side, Along North Side Seam On Parapet Wall; Roof Flashing (AF-2)3 Black/White, Heterogeneous, Non-Fibrous, Roofing Synthetic fibers 3%, Non-fibrous 97% (by CVES) by Eric H. Ahles on 01/29/22 Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-11 122011934-11L1 NAD Roof A - North Side, Along Exhaust Fan Penetration Curb; Roof Flashing (AF-3) 3 Black/White, Heterogeneous, Non-Fibrous, Roofing Synthetic fibers 4%, Non-fibrous 96% (by CVES) by Eric H. Ahles on 01/29/22 See Reporting notes on last page DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD AmeriSci Job #:122011934 Page 7 of 10 OLME-2022-02; Orange County Whitted Building; Roofs A-F Replacement Projects PLM Bulk Asbestos Report Client Name:OLM Environmental, LLC Asbestos Present Total % AsbestosClient No. / HGA Lab No. Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-11 122011934-11L2 NAD Roof A - North Side, Along Exhaust Fan Penetration Curb; Roof Flashing (AF-3)3 White, Heterogeneous, Non-Fibrous, Insulation Fibrous glass 3%, Non-fibrous 97% (by CVES) by Eric H. Ahles on 01/29/22 Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-12 122011934-12 NAD Roof A - North Side, Along East Parapet Wall; Roof Flashing (AF-4)4 Black/White, Heterogeneous, Non-Fibrous, Roofing Cellulose 3%, Non-fibrous 97% (by CVES) by Eric H. Ahles on 01/29/22 Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-13 122011934-13 NAD Roof B - North Side, Along West Side Parapet Wall; Roof Flashing (BF-1)4 Black, Heterogeneous, Non-Fibrous, Bulk Material Cellulose 3%, Non-fibrous 97% (by CVES) by Eric H. Ahles on 01/29/22 Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-14 122011934-14 NAD Roof B - Central, Along Exhaust Fan Penetration Curb; Roof Flashing (BF-2)4 Black, Heterogeneous, Non-Fibrous, Bulk Material Fibrous glass 3%, Non-fibrous 97% (by CVES) by Eric H. Ahles on 01/29/22 Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-15 122011934-15 NAD Roof B - South Side, Along East Side Parapet Wall; Roof Flashing (BF-3)4 Black, Heterogeneous, Non-Fibrous, Bulk Material Fibrous glass 3%, Non-fibrous 97% (by CVES) by Eric H. Ahles on 01/29/22 Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-16 122011934-16 NAD Roof B - South Side, Along Roof Access Ladder Penetration Curb; Roof Flashing (BF-4) 5 Black, Heterogeneous, Non-Fibrous, Bulk Material Fibrous glass 2%, Synthetic fibers 3%, Non-fibrous 95% (by CVES) by Eric H. Ahles on 01/29/22 See Reporting notes on last page DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD AmeriSci Job #:122011934 Page 8 of 10 OLME-2022-02; Orange County Whitted Building; Roofs A-F Replacement Projects PLM Bulk Asbestos Report Client Name:OLM Environmental, LLC Asbestos Present Total % AsbestosClient No. / HGA Lab No. Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-17 122011934-17 NAD Roof C - West Side, Along South Side Parapet Wall; Roof Flashing (CF-1)5 Black, Heterogeneous, Non-Fibrous, Bulk Material Cellulose 3%, Non-fibrous 97% (by CVES) by Eric H. Ahles on 01/29/22 Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-18 122011934-18 NAD Roof C - East Side, Along East Side Parapet Wall; Roof Flashing (CF-2) Black/Gray, Heterogeneous, Non-Fibrous, Bulk Material Cellulose 3%, Fibrous glass 2%, Non-fibrous 95% (by CVES) by Eric H. Ahles on 01/29/22 Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-19 122011934-19 NAD Roof F - North Side Along North Side Parapet Wall; Roof Flashing (FF-1) Black/Gray, Heterogeneous, Non-Fibrous, Bulk Material Fibrous glass 3%, Non-fibrous 97% (by CVES) by Eric H. Ahles on 01/29/22 Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-20 122011934-20 NAD Roof C - West Side Parapet Wall; Brown/Black Roof Sealant (CS-1)6 Black, Homogeneous, Non-Fibrous, Bulk Material Non-fibrous 100% (by CVES) by Eric H. Ahles on 01/29/22 Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-21 122011934-21L1 NAD Roof C - North Side Elevator Shaft; White/Black Roof Sealant (CS-2)6 White, Homogeneous, Non-Fibrous, Sealant Non-fibrous 100% (by CVES) by Eric H. Ahles on 01/29/22 Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-21 122011934-21L2 NAD Roof C - North Side Elevator Shaft; White/Black Roof Sealant (CS-2)6 Black, Homogeneous, Non-Fibrous, Sealant Non-fibrous 100% (by CVES) by Eric H. Ahles on 01/29/22 See Reporting notes on last page DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD AmeriSci Job #:122011934 Page 9 of 10 OLME-2022-02; Orange County Whitted Building; Roofs A-F Replacement Projects PLM Bulk Asbestos Report Client Name:OLM Environmental, LLC Asbestos Present Total % AsbestosClient No. / HGA Lab No. Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-22 122011934-22 NAD Attic Space Near Elevator Under Roof A; Blown-In Insulation (Perlite)7 Brown, Heterogeneous, Fibrous, Bulk Material Cellulose 100%, Non-fibrous Trace (by CVES) by Eric H. Ahles on 01/29/22 Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-23 122011934-23 NAD Attic Space Near Elevator Under Roof A; Blown-In Insulation (Perlite)7 Brown, Heterogeneous, Fibrous, Bulk Material Cellulose 100%, Non-fibrous Trace (by CVES) by Eric H. Ahles on 01/29/22 Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-24 122011934-24 NAD Attic Space Near Elevator Under Roof A; Blown-In Insulation (Perlite)7 Brown, Heterogeneous, Fibrous, Bulk Material Cellulose 100%, Non-fibrous Trace (by CVES) by Eric H. Ahles on 01/29/22 Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-25 122011934-25.1 NAD Stairwell Ceiling Near Elevator For Roof Access Location; Gypsum Wallboard With Joint Seam Compound8 White, Heterogeneous, Non-Fibrous, Wall Board Cellulose 3%, Non-fibrous 97% (by CVES) by Eric H. Ahles on 01/29/22 Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-25 122011934-25.2 NAD Stairwell Ceiling Near Elevator For Roof Access Location; Gypsum Wallboard With Joint Seam Compound8 White, Heterogeneous, Non-Fibrous, Joint Compound Non-fibrous 100% (by CVES) by Eric H. Ahles on 01/29/22 Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-26 122011934-26.1 NAD Stairwell Ceiling Near Elevator For Roof Access Location; Gypsum Wallboard With Joint Seam Compound 8 White, Heterogeneous, Non-Fibrous, Wall Board Cellulose 3%, Non-fibrous 97% (by CVES) by Eric H. Ahles on 01/29/22 See Reporting notes on last page DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD AmeriSci Job #:122011934 Page 10 of 10 OLME-2022-02; Orange County Whitted Building; Roofs A-F Replacement Projects PLM Bulk Asbestos Report Client Name:OLM Environmental, LLC Asbestos Present Total % AsbestosClient No. / HGA Lab No. Location: Analyst Description: Asbestos Types: Other Material: NoOCWB-26 122011934-26.2 NAD Stairwell Ceiling Near Elevator For Roof Access Location; Gypsum Wallboard With Joint Seam Compound8 White, Heterogeneous, Non-Fibrous, Joint Compound Non-fibrous 100% (by CVES) by Eric H. Ahles on 01/29/22 Reporting Notes: *NAD = no asbestos detected, Detection Limit <1%, Reporting Limits: CVES = 1%, 400 Pt Ct = 0.25%, 1000 Pt Ct = 0.1%; "Present" or NVA = "No Visible Asbestos" are observations made during a qualitative analysis; NA = not analyzed; NA/PS = not analyzed / positive stop; PLM Bulk Asbestos Analysis using Meiji, Model MT 6120 microscope, Serial #1900011, by EPA 600/R-93/116 per 40 CFR 763 (NVLAP Lab Code 101904-0) and ELAP PLM Analysis Protocol 198.1 for New York friable samples which includes quantitation of any vermiculite observed (198.6 for NOB samples) or EPA 400 pt ct by EPA 600/M4-82-020 (NYSDOH ELAP Lab # 10984); CA ELAP Lab # 2508; Note: PLM is not consistently reliable in detecting asbestos in floor coverings and similar NOB materials. NAD or Trace results by PLM are inconclusive, TEM is currently the only method that can be used to determine if this material can be considered or treated as non-asbestos-containing in New York State (also see EPA Advisory for floor tile, FR 59, 146, 38970, 8/1/94). NIST Accreditation requirements mandate that this report must not be reproduced except in full without the approval of the laboratory. This PLM report relates ONLY to the items tested. Analyzed by: J. Samuel Baird Date: 1/28/2022 Reviewed by: Jean L. Mayes DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD Revised 06/21 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 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD Revised 06/21 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. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD Revised 06/21 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.Private 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 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD Revised 06/21 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 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. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD Revised 06/21 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. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 1 Revised 06/21 EXHIBIT 1----GENERAL CONDITIONS Table of Contents Page Article 1. Definitions......................................................................................................................3 Article 2. Correlation, Interpretation, and Intent of Contract Documents……...............................7 Article 3. Familiarity with Work, Conditions and Laws..................................................................8 Article 4. Bonds............................................................................................................................9 Article 5. Insurance and Indemnity ..............................................................................................9 Article 6. Other Record Documents and Submittals...................................................................16 Article 7. Contractor....................................................................................................................18 Article 8. Owner .........................................................................................................................26 Article 9. Construction Manager ................................................................................................26 Article 10. Designer ...................................................................................................................26 Article 11. Testing and Surveying..............................................................................................27 Article 12. Separate Contracts...................................................................................................27 Article 13. Contract Time ..........................................................................................................28 Article 14. Changes in the Work ...............................................................................................31 Article 15. Change of the Contract Price ..................................................................................33 Article 16. Unforeseen Conditions.............................................................................................35 Article 17. Correction of Work before Final Payment ...............................................................35 Article 18. Correction of Work after Substantial Completion; Warranties and Guaranties........36 Article 19. Owner's Right to Do Work .......................................................................................37 Article 20. Partial Payments .....................................................................................................37 Article 21. Final Payment..........................................................................................................40 Article 22. Contractor, Subcontractor and Supplier Affidavit ....................................................41 Article 23. Assignments and Subcontracts................................................................................41 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 2 Revised 06/21 Article 24. 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 Article 29. 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 Article 37. General...................................................................................................................46 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 3 Revised 06/21 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 or an adjustment in the Contract Price 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 or Contract 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. 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 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 4 Revised 06/21 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, 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 the Contractor within the time specified, the Owner will execute and deliver the Agreement to him. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 5 Revised 06/21 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 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 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 6 Revised 06/21 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. 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. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 7 Revised 06/21 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. 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. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 8 Revised 06/21 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 employee s, subcontractors, 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 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 9 Revised 06/21 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 Contractor must receive specific written approval from the Owner prior to proceeding with any Work under the Agreement. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 10 Revised 06/21 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. 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 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 11 Revised 06/21 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 in favor of the Owner as well as other endorsements that may be required by applicable jurisdictions. 5.1.2 Automobile Liability Insurance DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 12 Revised 06/21 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. f) Personal Injury g) Cross Liability/Severability of Interest clause. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 13 Revised 06/21 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. 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 or Subcontractor(s) in the performance of the Work including all of Owner’s property in Contractor’s care, custody, DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 14 Revised 06/21 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 or its insurance company, the Contractor shall immediately report this fact to the Owner. Should 30 days elapse after the claim or alleged claim has been received by the Contractor, and the Contractor is not able to report a settlement or rejection of the claim, it shall report to the Owner the steps being taken with respect to the claim. Without limiting the foregoing, the Contractor shall notify in writing the county risk manager of any paid or incurred claims which may impair annual aggregate or general liability. 5.1.9 Deductibles and Self-insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the Owner. At the option of the Owner, either: a) the insurer shall reduce to a maximum of $250,000 or eliminate such deductibles or self-insured retentions with respect to the Owner, or (b) the Contractor shall provide evidence of collateral provided to insurers or procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses within the deductible or self-insured retention amount. Any self-insured retention or deductible amount on the policy shall not reduce the amount of collectible limits or liability. 5.1.10 Subcontractors The Contractor shall include all Subcontractors as Insureds under its policies, or shall furnish separate certificates, policies, and endorsements for each Subcontractor the Contractor intends to use. If a Subcontractor does not take out insurance in his own name and the Contractor wishes to provide insurance protection for such Subcontractor and such Subcontractor's employees, the Contractor shall either (a) procure appropriate policies in the name of the Subcontractor, or (b) cause a rider or riders to be attached to the Contractor's policies which shall identify the Subcontractor thereby covered; provided, however, in the case of the latter option, such a rider need not be attached to the Contractor's workers' compensation policy if such policy by its terms is sufficiently broad to cover the employees of all Subcontractors performing Work under the Contract Documents. Except as otherwise approved by the Owner in writing, Limits of Liability and coverage scope must be at a minimum as stringent as required of the Contractor by the Contract Documents. All Work performed for the Contractor by any Subcontractor shall be pursuant to an appropriate agreement between the Contractor and the 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 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 15 Revised 06/21 provided herein. Insurance monies received from any loss shall be divided as the respective interest of the parties affected shall appear. 5.2 OWNER CONTROLLED PROJECT SPECIFIC INSURANCE In the event the Owner elects to purchase project-specific insurance affording coverage to the Contractor and Subcontractors, the terms and conditions of such coverage shall be set forth in the Supplementary Conditions. 5.3 CONTRACTOR AS JOINT VENTURE If the Contractor is completing this Project on a joint venture basis, both joint venture partners retain all liabilities assumed by this Agreement, individually and collectively. This may include, but is not limited to, all premiums due, deductibles/self-insured retentions, coinsurance provisions, claim provisions, insurance policy conditions, and indemnification provisions hereunder. Evidence of a Blanket Joint Venture Endorsement must be obtained from the General Liability and Contractor's Pollution Legal Liability carriers of each joint venture partner for a period of 6 years after completion of the Project, substantially as follows: With respect to "your work", and the "products-completed operations hazard", you are an insured for your liability arising out of the conduct of any partnership or joint venture of which you were a partner or member, even though this partnership or joint venture is not shown as a Named Insured in the Declarations. This coverage is excess over any available liability purchased specifically to insure the partnership or joint venture. This coverage will not inure to the benefit of any other party except you." 5.4 INDEMNIFICATION The Contractor, to the fullest extent not expressly prohibited by law, shall defend, indemnify, and save harmless the Owner, the Designer, the Construction Manager and their respective officials, officers, employees, and agents from and against any and all liabilities (foreseeable or unforeseeable), penalties, fines, liens, forfeitures, demands, claims, causes of actions, suits, judgments, and costs and expenses incidental thereto, (including, without limitation, amounts paid pursuant to investigations, defense or settlements, and reasonable attorneys' fees), which any or all of them may hereafter suffer, incur, be responsible for, or pay out as a result of but not limited to: a) bodily injury (including sickness, disease, or death) to any person including but not limited to, the Contractor's employees or its representatives while on the site of the Project; or b) actual or alleged damage (including loss of use) to any property (public or private, including the Project or other property on the Project site); or c) contamination of or adverse effects on the environment arising directly or indirectly out of or in connection with the performance of the Work, including but not limited to any hazardous or toxic waste, substance, or constituent of any substance subject to regulation under CERCLA, RCRA, TSCA, and other Federal and state authorities that is spilled, released, threatening to release, or disposed of or destroyed by the Contractor or its Subcontractors on or off the site of the Project or while in transport to or from the site; or DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 16 Revised 06/21 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 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 or additional Work and changes. It is agreed that the Contractor shall have no liability under this Agreement for any environmental hazards existing prior to the date that Work commences under this Agreement unless the Contractor or its Subcontractors, agents or employees, acting alone or in concert with others, by their own negligence or misconduct, release or expose the Owner or third parties to the environmental hazards. The provisions of this paragraph shall survive the termination or cancellation or completion of this Agreement. 5.5 RISK MANAGEMENT POLICY DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 17 Revised 06/21 The Orange County Risk Management Policy shall not apply to construction contracts for amounts over $250,000. The terms of these General Conditions related to insurance shall be the sole authority governing insurance requirements for such contracts. ARTICLE 6. OTHER RECORD DOCUMENTS AND SUBMITTALS 6.1 The Designer shall furnish to the Contractor the number of copies of Drawings and Specifications stated in the Contract Documents. Additional copies of Drawings and Specifications may be obtained at the cost of reproduction and handling. 6.2 The Contractor shall submit to the Designer all Submittals required by the Contract Documents. The Contractor shall submit at least three (3) reproducible prints of all shop drawings. The Contractor shall submit samples in quantities required by the Contract Documents. The Contractor shall submit product data in at least five (5) copies. All shop drawings shall be reviewed by the Contractor and shall bear the Contractor's stamp of approval before being forwarded to the Designer. Submittals shall be submitted in such time as to cause no delay to the Work or any part thereof and in accordance with the Contract Construction Schedule and Submittal Register. The Designer shall review the submittal with reasonable promptness, noting desired corrections, if any. The Designer shall retain two (2) copies of the submittal and shall return the balance of the reviewed submittal to the Contractor for action. The Contractor shall furnish any corrected submittal to the Designer. The Designer shall retain two (2) copies of the corrected submittal and will return the balance of the reviewed submittal to the Contractor. All substitutions prior to the receipt of bids shall be in accordance with the Contract Documents. Refer to Instructions to Bidders, Substitutions. The Contractor acknowledges that the processing of shop drawings and other submittals is directly impacted by the clarity, completeness, and accuracy of said documents and that it is the Contractor’s responsibility to (i) review and coordinate each submittal with all other related or affected Work and (ii) approve each submittal before submitting same to the Designer for approval. 6.3 No substitutions and no deviations from any requirement of the Contract Documents shall be deemed allowed unless the Contractor has specifically informed the Designer and the Owner in writing of such deviations at the time of submittal and the Designer and the Owner have given written and specific approval to the substitutions or deviations. In proposing a deviation or substitution the Contractor warrants to the Owner, notwithstanding any review, allowance or approval by the Designer or the Owner that the deviation or substitution is at least equal to or better in quality and for the purpose intended, and that Contractor shall not by reason of any such review, allowance or approval be relieved from any obligation or responsibility contained in the Contract Documents. 6.4 Review of submittal by the Designer shall not be construed as relieving the Contractor from responsibility for compliance with terms or designs of the Contract Documents nor from responsibility for errors of any sort in the submittal. 6.5 The Contractor shall keep one record copy marked "As-Built" of all Specifications, Drawings, Addenda, Modifications, and Submittals at the Project in good order and annotated at least monthly to show all changes made during the construction process. Such monthly annotations DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 18 Revised 06/21 and their approval by the Designer shall be a condition precedent to approval by the Designer of each monthly Request for Payment. Said record copy shall be stored at the Project and fully protected from damage by fire or other hazard. This record copy shall be available to the Designer and Owner for inspection at all times and shall be delivered to the Designer for the Owner's purposes prior to the Designer's certifying Substantial Completion of the Work. 6.6 At completion of the Project and before Final Payment, the Contractor shall assemble and deliver to the Owner one complete set of all as-built drawings and one complete set of all approved submittals, product data, and samples which were reviewed by the Designer. These drawings and submittals shall be on paper, or in electronic or other media if required by the Supplementary Conditions. These drawings and submittals shall be categorized and packaged as directed by the Designer. ARTICLE 7. CONTRACTOR 7.1 The Contractor shall supervise and direct the Work efficiently and with the Contractor’s best skill and attention. Except as may be set forth specifically in the Contract Documents, the Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction, and for safety precautions and programs in connection with the Work. The Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. 7.2 The Contractor shall appoint a Project Manager and shall keep on the Project at all times during its progress a competent Resident Superintendent and necessary assistants who shall not be replaced without prior written approval by the Owner except under extraordinary circumstances, in which event immediate written notice shall be given to the Designer and the Owner. The Project Manager and the Resident Superintendent may be the same person or different persons. At any time, the Owner, in its sole and absolute discretion, may require the Contractor to replace the Project Manager or Resident Superintendent with an experienced and competent person or persons upon seven (7) days written notice from the Owner to the Contractor. Such replacement shall be at the Contractor's expense and at no cost to the Owner. Both the Project Manager and the Resident Superintendent shall have authority to act on behalf of the Contractor, and instructions, directions or notices given to either of them shall be as binding as if given to the Contractor. 7.3 The Contractor shall provide sufficient competent and suitably qualified personnel, equipment, and supplies to lay out the Work and perform construction as required by the Contract Documents. The Contractor will at all times maintain good discipline and order at the site, and will comply with all applicable OSHA standards. Any person employed by the Contractor, any Subcontractor, or any sub-subcontractor who, in the opinion of the Designer or the Owner, does not perform his Work in a proper and skillful manner or is intemperate or disorderly shall, at the written request of the Owner or Designer, be removed forthwith by the Contractor, Subcontractor, or sub-subcontractor employing such person without cost to the Owner, and shall not be employed again in any portion of the Work without the written approval of the Owner or Designer. Should the Contractor fail to remove such person or persons or fail to furnish suitable and sufficient personnel for the proper prosecution of the Work within three (3) days after written DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 19 Revised 06/21 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 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. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 20 Revised 06/21 7.6 All materials and equipment shall be new, except as otherwise provided in the Contract Documents. When special makes or grades of material which are normally packaged by the supplier or manufacturer are specified or approved, such materials shall be delivered to the Project site in their original packages or containers with seals unbroken and labels intact. Materials shall be so stored as to assure the preservation of their quantity, quality and fitness for the Work. Stored materials, even though approved before storage, may again be inspected by the Designer or Owner prior to their use in the Work and shall meet the requirements of the Contract Documents at the time they are incorporated into the Work. Stored materials shall be located so as to facilitate their prompt inspection. The Contractor shall coordinate the storage of all materials with the Designer and the Owner. Materials to be stored at the Project or on the Owner's property shall not create an obstruction to the Owner's or other contractor's reasonable activities. Private property shall not be used for storage purposes without written permission of the owner or lessee of such property. The Contractor shall make all arrangements and bear all expenses for the storage of materials on private property. Upon request, the Contractor shall furnish the Owner a copy of the property owner's permission. All storage sites on private or the Owner's property shall be restored to their original condition by the Contractor at his entire expense, except as otherwise agreed to (in writing) by the owner or lessee of the property. 7.7 All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, or processor, except as otherwise provided in the Contract Documents. 7.8 The Contractor will be fully responsible for all acts and omissions of his Subcontractors and of persons directly or indirectly employed by them and of persons for whose acts any of them may be liable to the same extent that the Contractor is responsible for the acts and omissions of the Contractor’s own employees. Nothing in the Contract Documents shall create any contractual relationship between any Subcontractor or supplier and the Owner or the Designer, or any obligation on the part of the Owner or the Designer to pay or see to the payment of any money due any such Subcontractor or material furnisher except as may otherwise be required by law. The Owner or the Designer may furnish to any Subcontractor or supplier, to the extent practicable, evidence of amounts paid to the Contractor on account of specific Work done. 7.9 The divisions and sections of the Specifications and the identifications of any Drawings shall not control the Contractor in dividing the Work among Subcontractors. 7.10 The Contractor agrees to bind specifically every Subcontractor to the terms and conditions of the Contract Documents for the benefit of the Owner and to furnish written evidence thereof to the Designer and the Owner within seven (7) days after written request by the Owner. 7.11 The Contractor shall attend job progress conferences and all other meetings or conferences as directed by the Designer. The Contractor shall be represented at these job progress conferences by a representative having the authority of the Project Manager and by such other representatives as the Designer may direct. Job progress conferences shall be open to Subcontractors, suppliers and any others who may contribute beneficially toward maintaining required job progress, and such personnel shall be encouraged by the Contractor to attend. It shall be the principal purpose of job progress conferences to effect coordination, cooperation and assistance in every practical way toward the end of maintaining progress of the Project on DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 21 Revised 06/21 schedule and to complete the Work and the Project by the specified Completion Dates. The Contractor shall be prepared to assess progress of the Work as required in the Contract Documents and to recommend remedial measures for correction of progress as may be appropriate. The Designer shall preside as chairman and arrange for minutes to be taken and circulated. In the event that the prosecution of the Work is discontinued for any reason, the Contractor shall notify the Designer and the Owner at least forty-eight (48) hours in advance of resuming operations. Should the terms of the Contract Documents require completion of one or more portions of the Work for the Beneficial Occupancy of the Owner prior to completion of the entire Work, the Contractor shall complete such portion(s) of the Work on or before the date specified. Such completion shall include the obtaining of all government or other permits, permissions, and approvals necessary to occupancy. The Contractor shall independently estimate the difficulties involved in arranging the Work to permit such Beneficial Occupancy and shall not claim any additional compensation or time extension by reason of any delay or increased cost due to completing such portion(s) of the Work. The Owner's possession and use of such portion(s) of the Work shall not be deemed an acceptance of any Work not completed in accordance with the Contract Documents. The Owner shall be responsible for the security, maintenance, utilities, and insurance of all portions of the Work completed and beneficially occupied by the Owner. 7.12 The Contractor shall pay all license fees and royalties, and assume all costs incident to the use of any invention, design process, or device which is the subject of patent rights or copyrights held by others, except for inventions, design processes, or devices specified by the Designer in the Contract Documents. The Contractor shall indemnify and hold harmless the Owner, the Designer, and anyone directly employed by either of them, from and against all claims, damages, losses and expenses, including attorney's fees and costs of defense, arising out of any infringement or alleged infringement of such rights during or after completion of the Work, and shall defend all such claims in connection with any actual or alleged infringement of such rights. 7.13 The Contractor shall secure and pay for all permits, including without limitation construction permits and licenses, and will pay all governmental charges and inspection fees necessary for the prosecution of the Work. 7.14 The Contractor shall give all notices and comply with all laws, ordinances, rules, and regulations applicable to the Work and shall protect and indemnify the Owner and the Owner’s officers, agents, or servants against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by the Contractor or by the Contractor’s employees, Subcontractors, sub-subcontractors, or their employees. 7.15 The Contractor shall be responsible for the entire site of the Project (except those under the Beneficial Occupancy of the Owner) and for its reasonable and necessary protection and security, as required by laws or ordinances governing such conditions, or by custom or sound construction practices, and shall share such responsibilities as may be agreed upon among them, or in the absence of such agreement, as may be directed by the Contract Documents, Owner, or Designer. The Contractor shall be responsible for any damage to the Owner's property, or that of others, by the Contractor or the Contractor’s employees, Subcontractors, DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 22 Revised 06/21 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 protect all portions of the Work and provide all materials necessary to protect the Work whether performed by the Contractor or any of the Subcontractors or sub-subcontractors. Any Work damaged through the lack of proper protection, or from any other cause, shall be repaired or replaced without extra cost to the Owner or extension to the Contract Time. The Contractor shall maintain the Work during construction and until the Work is accepted. This maintenance shall constitute continuous and effective effort prosecuted day by day, with adequate equipment and forces so that the Work is maintained in satisfactory condition at all times. All costs of maintenance shall be included in the Contract Price and the Contractor will not be paid an additional amount for such effort. Should the Owner or Designer observe that the Contractor at any time has failed to maintain the Work as provided herein, the Designer may immediately notify the Contractor of such noncompliance. Such notification shall specify a reasonable time within which the Contractor shall be required to remedy such unsatisfactory maintenance condition. Should the Contractor fail to properly respond to the Designer's notification, the Owner may, at the Contractor's expense, take such action as it may deem appropriate to remedy the defective maintenance, including suspension of the Contractor's Work or any part thereof. Any such expense incurred by the Owner shall be deducted from monies due or to become due the Contractor. Parking lots, streets, and walks connecting to the Project area shall be protected by the Contractor from deposits of mud, sand, stone, litter, or debris in any form. Pedestrian traffic areas around the construction limits must be maintained in a clean and safe condition at all times with required barricades and covered walkways. When excavation or other operations outside the Project limits is required, the Contractor shall, immediately following that work, return the area to its original condition. All catch basins and storm drain lines in the vicinity of the Project site shall be protected at all times from entry of dirt, rubble and other debris. The residue from the cleaning of trucks, wheelbarrows, concrete buggies, etc. must be prevented from entering the drainage system, and if cleaning is done, the residue must be contained and removed from the Project site with other refuse. 7.18 No burning of refuse or debris shall be allowed inside or around the Project during the course of construction without written authority from authorities having jurisdiction and the Owner. 7.19 The Contractor shall provide for and maintain necessary safety measures and safety programs for the protection of all persons involved with the Work. Such measures and programs shall include the requirements of the most current edition of the CAGC Safety and Health Manual [or the AGC Accident Prevention Manual in Construction], or equivalent requirements, and shall fully comply with all Federal, State, and local laws, rules, regulations, and building DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 23 Revised 06/21 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 or 15. 7.22 The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by the Work. At least weekly and at the completion of the Work, the Contractor shall remove all waste materials and rubbish from and about the Project. At the completion of the Work, the Contractor shall remove all tools, construction equipment, machinery, and surplus materials. The Contractor shall leave the Work in condition for occupancy by the Owner such that no cleaning or other operations are required. Material cleared from the Project and deposited on adjacent property shall not be considered as having been disposed of satisfactorily. If the Contractor fails to keep the Project clean of waste materials or rubbish, fails to satisfactorily clean-up weekly or at the completion of the Work, the Owner may do so and the costs thereof may be deducted from any amounts due the Contractor. 7.23 Utilities, temporary facilities, and signs shall be provided as described in the Contract Documents. Absent a contrary direction in the Supplementary Conditions, the Contractor shall pay all bills for water, electricity, or other public utility service to the Project site. 7.24 The Contractor shall indemnify and hold the Owner, the Designer, the Designer's consultants, and their officers, agents, and employees harmless against all costs, damages, and expenses, including attorney's fees and costs of defense, arising out of claims by any separate contractor or by any Subcontractor, sub-subcontractor, or supplier engaged by or employed by the Contractor or employed by any of the Subcontractors claiming through him, including without limitation damages, losses, and expenses arising out of or relating to any inconvenience, delay, interference, or other action or non-action of the Contractor or the Contractor’s Subcontractors on the Project. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 24 Revised 06/21 The Contractor acknowledges that should the Contractor or any of the Contractor’s Subcontractors be damaged by any breach of contract by any other separate prime contractor on the Project, the Contractor may invoke applicable dispute resolution procedures with said other separate prime contractor or bring a direct civil action against said other separate prime contractor. The Contractor hereby expressly agrees that neither the Owner nor its officers, agents, or employees shall have any liability of any kind or nature whatsoever to the Contractor, its Subcontractors, sub-subcontractors, or suppliers arising out of or relating to any breach, inconvenience, delay, interference, or other action or non-action by any other separate prime contractor. The Contractor covenants not to sue the Owner for any loss or damage caused by any breach, inconvenience, delay, interference, or other action or non-action by any other separate prime contractor, notwithstanding whatever rights at law the Contractor might have to bring a civil action against the Owner for any breach, inconvenience, delay, interference, or other action or non-action of any other separate prime contractor. The Contractor agrees to look exclusively to the other prime contractor for relief or remedy. Nothing contained herein or appearing anywhere in the Contract Documents shall obligate or require the Owner to exercise any right or privilege, or to take any action or to refrain from taking any action under any contract it may have with any other prime contractor or party to the Project for the benefit of the Contractor or any Subcontractor, subSubcontractor, or supplier claiming through the Contractor. 7.25 Prior to completion of the Work and Final Payment of the Contract Price, excepting only those portions of the Work deemed accepted in accordance with the Contract Documents, the Contractor shall have charge and care of the Work, and shall take every precaution against injury or damage to any part due to the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the Work. The Contractor shall as required by the Owner replace, rebuild, repair, restore, and make good all injury or damage to any portion of the Work occasioned by any of the above causes before Final Completion and shall bear the expenses thereof. 7.26 In the event that the Work, or any portion thereof, is suspended at any time pursuant to an order of the Owner, the Contractor shall obey all instructions of the Owner regarding storage of materials, drainage, protection of the Work, and erection of temporary structures during the suspension period. 7.27 The Project Expediter for the Project shall be responsible for the coordination of the Work of itself and any other separate contractors, both as to space and time. The Project Expediter shall coordinate the implementation of the Contract Construction Schedule, all construction activities and close-out of the Project, including but not limited to all testing, inspection, certifications, and approvals required by public agencies. The Contractor and the Project Expediter shall each be required to notify the Designer and the Owner promptly of any event or condition which could affect the conduct or progress of the Work and shall cooperate fully with all other contractors on the Project site. 7.28 The Owner hereby delegates to the Project Expediter all of its duties to coordinate and to expedite the Work not expressly reserved to the Owner by other provisions of the Contract Documents. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 25 Revised 06/21 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: 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. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 26 Revised 06/21 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 or expediting the Work with other projects being constructed by the Owner or others adjacent or near the Work, or for such other purposes as the Owner may deem appropriate. From time to time the Owner may identify such Construction Managers(s) to the Contractor in writing identifying any tasks assigned to such Construction Managers(s). ARTICLE 10. DESIGNER 10.1 The Designer is charged with the responsibility of interpretation of the Contract Documents. The Designer’s decisions relating to aesthetic matters shall be final. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 27 Revised 06/21 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 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 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 28 Revised 06/21 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 or an extension of Contract Time, the Contractor may make a claim therefore as provided in Article 14 or Article 15. No Work shall be done prior to the date specified in the Notice to Proceed. A final Contract Construction Schedule shall be submitted for approval by the Contractor, Designer, and Owner no later than fourteen (14) days after Notice to Proceed. No payments shall be due the Contractor until this schedule is approved by all parties. 13.4 The Contract Construction Schedule is a Contract Document. The Contractor represents that the Contract Construction Schedule has been reviewed in detail, that the Contractor participated in its preparation, that all of the activities which impact, limit, or otherwise affect the time of completion of the Work are shown in the Contract Construction Schedule and that all of the activities of others which impact, limit, or otherwise affect the start, duration, or completion of DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 29 Revised 06/21 the Contractor’s activities are also shown. The Contractor further represents that the Contractor can and will complete each activity within the time shown for that activity. Time is of the essence with respect to each such activity and Completion Date. 13.5 If the Contractor submits a construction schedule, progress report, or any other document that indicates or otherwise expresses an intention to achieve completion of the Work prior to any Completion Date required by the Contract Documents or prior to expiration of the Contract Time, no liability of the Owner to the Contractor for any failure of the Contractor to so complete the Work shall be created or implied. 13.6 If the Contractor, for reasons beyond the Contractor’s control, is delayed in beginning any activity, the Contractor shall, nevertheless, have the same number of days as is shown in the Contract Construction Schedule for the activity, and the affected activity and any succeeding activity that is dependent upon that activity shall be adjusted accordingly; provided that at any time the Owner, by means of a Change Order, may require the Contractor to work overtime, to increase labor forces or to take any necessary or appropriate action to decrease the time required for any activity, and the Contractor shall be entitled to an adjustment in the Contract Price computed in accordance with Article 15 of these General Conditions. 13.7 At any time, the Owner may order the Contractor, on seven (7) days written notice, to begin any activity earlier than the starting date shown on the Contract Construction Schedule. 13.8 Should the Contractor fail to start any activity on the start date shown in the Contract Construction Schedule or as it may have been adjusted in accordance with paragraphs 13.5 or 13.6 above, or become delayed, the Contractor shall, without being entitled to any increase in the Contract Price or other compensation, work overtime, increase labor forces or take such other action as may be necessary or appropriate to complete the activity by the Completion Date shown on the Contract Construction Schedule, or as such Completion Date may have been adjusted. 13.9 The Designer and Owner or his Construction Consultant shall monitor progress of the work at all times and the Contractor shall cooperate with such monitoring and provide any and all information with respect to the progress of the Work and scheduling as the Owner may reasonably require. 13.10 On a monthly basis, the Contractor shall revise the Contract Construction Schedule, showing any adjustments made in accordance with paragraphs 13.5 or 13.6, above, by any Change Order, the progress of the Work, and any days gained or days lost with respect to any activity, and shall furnish copies thereof to the Owner and Designer. 13.11 Should any monthly revision of any Contract Construction Schedule show that the Contractor is behind on any activity, the late completion of which could delay Substantial Completion of the Work, the Owner shall be entitled to withhold from the next Progress Payment due the Contractor an amount not exceeding the amount the Owner would be entitled to in Liquidated Damages, should Substantial Completion be delayed by the same number of days that the Contractor is currently behind schedule. If, subsequently, the Contractor's progress, as shown by any succeeding monthly revision to the Contract Construction Schedule, is such that the anticipated delay no longer exists, the Owner shall pay with the Progress Payment next due to the Contractor such amounts as have been withheld in accordance with this paragraph. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 30 Revised 06/21 13.12 The Owner shall have the right to perform Work, hire and employ labor and craftsmen, rent equipment, subcontract with other parties, or do anything that the Owner deems necessary or appropriate to remedy or cure any delay by the Contractor in the progress of the Work. Such action by the Owner shall not, in any way, affect, void or limit any warranty, guaranty or other responsibility of the Contractor under the Contract Documents. Such action may be taken by the Owner only after three (3) days written notice to the Contractor. All costs incurred by the Owner in taking any such action shall be charged to the Contractor and deducted from any amounts remaining due under the Agreement. 13.13 The Contractor may be entitled to an extension of the Contract Time (but no increase in the Contract Sum) for delays arising from unforeseen causes beyond the control and without the fault or negligence of the Owner, the Contractor or the Contractor’s Subcontractors as follows: a) Labor disputes and strikes that directly impact the critical path activities of the Contract Construction Schedule; b) Acts of God, tornado, fire, hurricane, blizzard, earthquake, typhoon, or flood that damage completed Work or stored materials. c) Acts of the public enemy; acts of the State, Federal, or local government in their sovereign capacities. d) Abnormal inclement weather as defined in Article 13.14. 13.14 On any day that the Contractor considers that the Project is delayed by adverse weather conditions, the Contractor shall identify in writing to the Designer and the Owner the adverse weather conditions affecting each activity, the specific nature of the activity affected, the number of hours lost, and the number of and identity (by responsibility or trade) of workers affected and shall obtain from the Designer written recognition of the delay. The time for performance of this Contract includes an allowance for a number of calendar days which may not be suitable for construction Work by reason of adverse weather. The Contract Time will be extended only if the number of calendar days of adverse weather recognized by the Designer exceeds the number of inclement weather days set forth below, and the Contractor demonstrates how this adverse weather impacts activities on the critical path of the Contract Construction Schedule. Month Number of Inclement Weather Days January 10 February 10 March 10 April 9 May 10 June 9 July 11 August 10 September 8 October 7 November 8 December 9 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 31 Revised 06/21 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 or an extension or shortening of the Contract Time, adjustments shall be made as provided in Article 14 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 Desig ner 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 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 32 Revised 06/21 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 or an extension of Contract Time, he may make a claim therefore as provided in Article 14 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 or extensions of the Contract Time for additional Work performed by the Contractor shall only be in accordance with a written Change Order signed by the Owner and Designer. The Contractor shall not be entitled to additional time or to additional compensation for any Work performed or material supplied which is claimed to have been authorized or settled by an "oral" change, or by a "constructive" or "implied" change, or by a course of conduct, or by any action or non-action by the Owner, Designer, or any other persons, or by any means whatsoever other than by a written Change Order for such Work or material signed by the Owner and the Designer. 14.5 Changes in the Work resulting from emergency shall not invalidate the Contract Documents nor release the surety. 14.6 Neither the Owner nor the Designer shall be responsible for verbal instructions which have not been confirmed in writing, and in no case shall such instructions be interpreted as permitting a departure from the Contract Documents unless such instruction is confirmed in writing and supported by a proper Change Order, Construction Change Directive or Field Order, whether or not the cost is affected. 14.7 The Owner, in its sole discretion, may require that the Contractor notify the Contractor’s sureties of any changes affecting the general scope of the Work or change in the Contract Price, and that the amount of applicable bonds shall be adjusted accordingly. If this requirement is exercised, the Contractor shall furnish proof of such adjustment to the Designer and the Owner. If this requirement is exercised, the Change Orders shall require written consent of the Contractor's surety. At the time of signing a Change Order, the Contractor shall be required to certify as follows: "I certify that all sureties have been notified that my contract has been altered by the amount of this Change Order, and that a copy of the approved Change Order will be mailed to all sureties upon its receipt by me." If this requirement is exercised, no payment to the Contractor on account of any Change Order shall become due or payable until written evidence of the surety's consent to the Change Order has been furnished to the Designer and to the Owner, and the furnishing of such written consent is a condition precedent to such payment. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 33 Revised 06/21 14.8 The Contractor shall support all requests for Change Orders with a detailed cost breakdown showing cost of materials, labor, equipment, transportation, other items, Contractor's overhead and profit, and total cost, in accordance with methods defined in this Article, and, if the request seeks an extension of the Contract Time, with a time-related diagram which demonstrates specifically why an increase in construction time is needed. 14.9 When a request for a Change Order involves a Subcontractor, the Contractor shall provide quotation from same on Subcontractor's letterhead. The Subcontractor's quote shall list materials, equipment, and labor separately, and show overhead and profit in the manner provided in paragraph 14.8. ARTICLE 15. CHANGE OF THE CONTRACT PRICE 15.1 The Contract Price constitutes the total compensation payable to the Contractor for performing all Work under the Contract Documents. All duties, responsibilities, and obligations assigned to or undertaken by the Contractor shall be at his expense without change in the Contract Price. The Contract Price may only be changed by a Change Order. 15.2 Any claim for an adjustment in the Contract Price shall be in writing and written notice of any event, action, or non-action which may become the basis of a claim shall be delivered to the Owner and the Designer within three (3) days of the occurrence of any such event, action or non-action giving rise to the claim. Such written notice is a condition precedent to the making of a claim, and such notice shall describe the basis of the potential claim with reasonable detail and clarity. A claim shall be made in writing and shall be delivered to the Designer and the Owner no later than fourteen (14) days after such notice. The claim shall describe in detail the basis for the claim, with specific reference to any provisions of the Contract Documents, by paragraph, drawing number, or other specific identification, and shall state the amount claimed and how it is calculated. If the Contractor, at the time the claim is made, is unable to state the amount claimed with accuracy, the Contractor shall so state and provide the estimated amount and the basis on which the amount is to be calculated. At the earliest date practicable, but in no event more than thirty (30) days after Contractor's notice of claim, the Contractor shall supplement the claim with an accurate statement of the amount claimed and how it has been calculated. The Contractor shall provide, in writing, in support of the claim all such explanations, arguments, data, receipts, expert opinions, or other documents or information as the Contractor deems appropriate to be considered in support of the claim. A claim may properly be rejected by the Owner by reason of the Contractor's failure to submit adequate or accurate documentation or information, except that within seven (7) days after being given notice that the claim has been rejected on this basis, the Contractor may submit additional documentation or information. No claim for a change of the Contract Price shall be considered or granted (except solely at the discretion of the Owner) unless a claim is so made, nor shall the Contractor be entitled to any increase in the Contract Price unless the Contractor has given notice and made such a written claim within the times required. The Owner shall decide, after obtaining the advice of the Designer, whether an increase in Contract Price is warranted, and the amount of such increase shall be determined as provided in paragraph 15.4 through 15.5, below. Any change in the Contract Price resulting from any such claim shall be incorporated in a Change Order. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 34 Revised 06/21 The Owner shall advise the Contractor of its decision with respect to the claim within fourteen (14) days of its receipt, or of the receipt of additional documentation or information if the absence of such has previously been the basis of rejection of the claim; provided, however, that if, in its sole discretion, the Owner deems that review or consideration of any part of the claim or any matter related thereto by its governing Board is necessary or appropriate, it shall so advise the Contractor and shall provide its decision to the Contractor within seven (7) days after such Board consideration, review or action. Any claim on which the Owner has not provided its decision to the Contractor within the applicable time period shall be deemed denied. If the Contractor is not satisfied with the decision of the Owner, the Contractor may within seven (7) days of receipt of the Owner's decision initiate the mediation process as described in Appendix A to the General Conditions of the Contract for Construction. 15.3 In determining the amount of a Contract Price adjustment, the parties shall apply the following methods, as appropriate: (A) Change in Work: The Owner and Contractor shall negotiate in good faith and attempt to agree upon the value of any change (extra or decrease) in Work prior to the issuance of a Change Order covering said Work. Such Change Order shall set forth the corresponding adjustment to the Contract Price. In the event the Owner and the Contractor are unable to agree, the Owner shall grant an equitable adjustment in the Contract Price. (B) Emergency Work: In the event of emergency endangering life or property, the Contractor may be directed by the Designer to proceed on a time and material basis, whereupon the Contractor shall so proceed and keep accurately, in such form as may be required by the Designer, a correct account of costs together with all proper invoices, payrolls, and supporting data therefore. 15.4 Where the Contract Price is to be adjusted, the following limitations shall apply in determining the amount of adjustment: (A) In the case of extra or emergency work, the Contract Price shall not be increased by more than the reasonable, actual, and documented net cost of the extra or emergency work plus ten percent (10%) of such net cost on Work performed by the Contractor and five percent (5%) thereof on any subcontracted Work for overhead and profit combined. (B) In the case of a decrease in Work, the Contract Price shall not be decreased by less than the net cost of the deleted Work plus five percent (5%) of such direct net cost for profit and overhead. The term 'net cost' as used herein shall include, as applicable, and shall be limited to, all direct labor, direct material, direct equipment, labor burden, sales taxes, shipping and handling charges, permits and fees, and insurance and bond premium adjustments, if any, attributable to the change. All other items of cost shall be considered as overhead and covered by the percentages allowed in sections A and B of this paragraph. The Contractor shall provide worksheets or tabulations describing the method by which the direct net cost was calculated, and shall provide all data needed to support the calculation of the direct net cost, all in a form acceptable to the Owner. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 35 Revised 06/21 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 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 or additional Work and changes. However, neither the Owner nor the Designer shall be liable or responsible for additional work, costs, or changes to the Work that could have been reasonably determined from any reports, surveys, and analyses made available for the Contractor's review or that could have been discovered by the Contractor through the performance of its obligations pursuant to the Contract Documents. ARTICLE 17. CORRECTION OF WORK BEFORE FINAL PAYMENT 17.1 The Owner has the authority to stop or suspend work, and the Designer has the authority to order Work removed or to order corrections of defective Work or Work not in compliance with the Contract Documents where such action may be necessary to ensure successful completion of the Work. Any work, materials, fabricated items, or other parts of the Work which have been found by the Designer to be defective or not in accordance with the Contract Documents shall be condemned and shall be removed from the Project by the Contractor, and immediately replaced by new Work in accordance with the Contract Documents at no additional cost to the Owner. Work or property of the Owner or others damaged or destroyed by virtue of such condemned Work shall be made good at the expense of the Contractor. Correction of condemned Work described above shall be commenced by the Contractor within twenty-four (24) hours after notice from the Designer or the Owner and shall be pursued to completion. Should the Contractor fail to proceed reasonably with the abovementioned corrections, the Owner may, three (3) days after the notice specified in the preceding sentence, proceed with correction, paying the cost, including costs of uncovering such condemned Work, of such corrections from amounts due or to become due to the Contractor. Condemned Work removed shall be the property of the Contractor and shall be removed from the Project by him within ten (10) days after notice to remove it, and if not then removed, thereafter may be disposed of by the Owner without compensation to the Contractor and the cost of such disposal shall be deducted from amounts due or to become due to the Contractor. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 36 Revised 06/21 Should the cost of correction of the Work and, if applicable, disposal of the condemned Work by the Owner exceed amounts due or to become due the Contractor, then the Contractor and the Contractor’s sureties shall be liable for and shall pay to the Owner the amount of such excess. ARTICLE 18. CORRECTION OF WORK AFTER SUBSTANTIAL COMPLETION; WARRANTIES AND GUARANTIES 18.1 Neither the final certificate, Final Payment, occupation of the premises by the Owner, nor any provision of the Contract Documents, nor any other act or instrument of the Owner or the Designer shall relieve the Contractor from responsibility for negligence, defective material or workmanship, or failure to comply with the Contract Documents. 18.2 The Contractor shall, at the Contractor’s sole cost and expense, make all necessary repairs, replacements, and corrections of any nature or description, interior or exterior, structural or non-structural, that shall become necessary by reason of defective workmanship or materials which appear within a period of one (1) year from the date of Substantial Completion; provided, however that notwithstanding the preceding, if any longer guarantee period is specified for any particular materials or workmanship under the Contract Documents, or under any subcontract, or in connection with any manufactured unit which is installed in the Project, or under the laws of the State of North Carolina, the longer guarantee period shall govern. 18.3 If, within any guarantee period, repairs or changes are required in connection with the Work, which are rendered necessary as the result of the use of materials, equipment, or workmanship which are inferior, defective, or not in accordance with the terms of the Contract Documents, the Contractor shall, promptly upon receipt of notice from the Designer and without expense to the Owner: a) Completely repair or replace the Work so that it conforms to the Contract Documents; b) Correct all defects therein; c) Make good all damage which, in the opinion of the Designer, is the result of the use of materials, equipment, or workmanship which are inferior, defective, or not in accordance with the terms of the Contract Documents; and d) Make good any Work or material, or any equipment or contents disturbed in fulfilling any such guarantee. If, in fulfilling the requirements of the Contract Documents or of any guarantee embraced therein or required thereby, the Contractor disturbs any work, facility, premises, or construction belonging to the Owner, the Contractor shall restore such disturbed work to a condition satisfactory to the Owner, and shall guarantee such restored work to the same extent as if it were Work under the Contract Documents. If the Contractor, after notice, fails to proceed promptly to comply with the terms of the guarantee, the Owner may have the defects corrected, and the Contractor and the Contractor’s ureties shall be liable for all expenses incurred. "Promptly" is defined as within twenty-four (24) DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 37 Revised 06/21 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 or materials. If the Contractor, having been requested to do so by the Owner, fails to participate in such inspection, the Contractor shall be conclusively bound by any decision or ruling by the Designer as to any defective workmanship or material and as to the Contractor's responsibility for its repair or replacement. ARTICLE 19. OWNER'S RIGHT TO DO WORK 19.1 If, during the progress of the Work or during any period of guarantee, the Contractor fails to prosecute the Work properly or to perform any provision of the Contract Documents, the Owner, after three (3) days written notice to the Contractor from the Designer, or from the Owner after Final Payment, may perform or have performed that portion of the Work and may deduct the cost thereof from any amounts due or to become due the Contractor. Notwithstanding any action by the Owner under this paragraph, all warranties and bonds given or to be given by the Contractor shall remain in effect or shall be given by the Contractor. 19.2 Should the cost of such action by the Owner exceed the amount due or to become due the Contractor, the Contractor and his sureties shall be liable for and shall pay to the Owner the amount of such excess. ARTICLE 20. PARTIAL PAYMENTS 20.1 Within thirty (30) days after his initial receipt of the Construction Contract for signatures, the Contractor shall submit to the Designer a Schedule of Values. The Schedule of Values shall indicate the value of the Work, including applicable overhead and profit, for each Division and section of the Project Specifications. The Designer and Owner shall be provided with the Contractor's estimate papers, Subcontractor agreements, supplier quotes, or other documents substantiating these values if so requested in writing by the Designer. The Contractor shall provide the requested documentation within seven (7) days after receipt of the Designer's written request. The Schedule of Values shall be subject to approval by the Owner, and if the Owner and the Contractor cannot agree upon the Schedule of Values, the Designer shall prepare it, and the Schedule of Values as prepared by the Designer shall be binding on the Owner and the Contractor. No Request for Payment shall be certified by the Designer until the Designer has issued approval of said Schedule of Values. 20.2 Not later than the fifth (5th) day of each calendar month the Contractor shall submit to the Designer a Request for Payment for Work done during the previous calendar month. The Request for Payment shall be in form of AIA Document G702 (latest edition) and shall show substantially the value of Work done (including the value of material delivered to the Project or stored by the Contractor at another site, subject to the conditions hereinafter set forth) during DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 38 Revised 06/21 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: a) Defective Work not corrected. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 39 Revised 06/21 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. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 40 Revised 06/21 ARTICLE 21. FINAL PAYMENT 21.1 If the Work of the Contractor is limited to demolition, pilings, caissons and structural steel, the remaining unpaid balance of the Contractor’s Contract Price, less a sum equal to five-tenths percent (0.5%) of the Contract Price, shall be paid within sixty days following receipt of the following documents, all of which must be received before payment shall become due: (i) request for payment from the Contractor; (ii) receipt of consent from the Contractor’s surety to the payment; and (iii) approval or certification from the Designer that the work performed by the Contractor is acceptable and in accordance with the Contract Documents. 21.2 Except as set forth in paragraph 21.1, within forty five days after Substantial Completion of the Project, the remaining unpaid balance of the Contract Price shall be paid to the Contractor, less an amount equal to two and one-half times the value of punch list work or other work remaining to be completed or corrected, as reasonably estimated by the Owner. 21.3 Upon Substantial Completion, the Designer shall prepare and submit to the Contractor a deficiency list identifying all portions of the Work which are known by the Designer at that time to be incomplete or defective. Within thirty (30) days of receipt of this deficiency list, the Contractor shall complete and correct all items on that list along with all other Work required to achieve Final Completion of the Work. At any time prior to completion of the period of warranty, the Designer may submit to the Contractor a supplemental deficiency list, in which case the Contractor shall complete or correct any and all new items identified on the supplemental deficiency list within the time period stipulated in paragraph 18.3. 21.4 Final Payment of any remaining balance of the Contract Price shall not be due to the Contractor until the Contractor achieves Final Completion of the Project. 21.5 The making and acceptance of Final Payment shall constitute a waiver of all claims by the Owner except: a) Claims arising from unsettled liens or claims against the Contractor. b) Defective Work or materials appearing after Final Payment. c) Failure of the Contractor to perform the Work in accordance with the Contract Documents. d) As conditioned in the Performance Bond. e) Claims made prior to Final Payment which remain unsettled. f) Amounts due arising under Articles 18 and 28. g) Claims for recovery of overpayment based upon incorrect measurement, estimate, or certificate. 21.6 The making and acceptance of Final Payment shall constitute a waiver of all claims by the Contractor except those claims previously made in writing pursuant to paragraph 15.2 and not finally resolved. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 41 Revised 06/21 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 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. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 42 Revised 06/21 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 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. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 43 Revised 06/21 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. 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. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 44 Revised 06/21 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, or any other individual or entity, a third-party beneficiary of the Agreement, or to authorize anyone not a party to the Contract Documents to maintain a suit for personal injuries or property damage pursuant to the terms of provisions of the Contract Documents. ARTICLE 32. MEASUREMENT OF QUANTITIES 32.1 All Work completed under the Contract Documents shall be measured by the Contractor using United States customary units of measurement. The method of measurement and computations to be used in determination of quantities of material furnished and of Work performed under the Contract Documents shall be those methods set forth in the Contract Documents or, if not specifically set forth therein, the method generally recognized as conforming to good engineering practice. ARTICLE 33. TERMINATION BY THE OWNER FOR CAUSE 33.1 If the Contractor fails to begin or complete the Work under the Contract Documents within the time specified, or fails to perform the Work with sufficient labor and equipment or with sufficient materials to insure the prompt completion of said Work, or shall perform the Work unsuitably or shall discontinue the prosecution of the Work for three (3) days, or if the Contractor shall become insolvent, be declared bankrupt, commit any act of bankruptcy or insolvency, allow any final judgment to stand against the Contractor or its affiliated companies unsatisfied for a period of forty-eight (48) hours, make an assignment for the benefit of creditors, or for any other cause whatsoever shall not carry on the Work in an acceptable manner, the Owner may give notice in writing to the Contractor and the Contractor’s sureties of such delay, neglect, or default, specifying the same, and if the Contractor within a period of three (3) days after such notice shall not proceed in good faith and with reasonable speed to correct such delay, neglect, or default in accordance with such notice, the Owner shall have full power and authority, to the extent permitted by law, without violating the Contract Documents, to take the prosecution of the Work out of the hands of the Contractor, to appropriate or use any or all materials and equipment at the Project as may be suitable and acceptable, and may enter into an agreement for the completion of the Work or pursue such other methods as in the Owner's opinion shall be necessary or appropriate for the completion of the Work in an acceptable DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 45 Revised 06/21 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. The Owner may terminate the Agreement upon seven (7) days written notice to the Contractor for the Owner’s convenience and without further liability or obligation to the Owner. 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. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 46 Revised 06/21 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. f) Either party may terminate this Agreement upon notice to the other party that obligations pursuant to this Agreement are made impossible due to declarations of emergency by Orange County or by North Carolina due to events directly impacting Orange County. Both parties shall remain responsible for all payment and performance due up to the receipt of such notice, but shall have no further obligation or responsibility beyond that date provided the terminating party has taken all reasonable steps to complete the performance of its obligations. 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. DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD 47 Revised 06/21 37.2 The titles to Articles herein are for convenience only, are not substantive parts of the General Conditions, and are not to be considered in interpreting the Contract Documents. END OF GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION—EXHIBIT 1 DocuSign Envelope ID: 89558C18-938A-4BFF-B14A-A2214E8AA5DD