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Home My WebLink About2024-575-E-AMS-Hamlett Associates-RFP5417 -Motor Pool, Maintenance Shop, OPT ATS & Generator WorkRevised 01/24 1 [Departmental Use Only] TITLE Generator MP,OPT Maint FY 2024-2025 RFP5417 NORTH CAROLINA CONSTRUCTION AGREEMENT OVER $250,000.00 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter called “Agreement”), made as of the 2nd day of October, 2024, by and between Hamlett Asscoiates, 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 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 Progressive Design Collaborative, Ltd. (PDC) (Sheet G0.01 Cover Sheet, P0.01 Lead Sheet, P1.01 New Work Plans, E0.01 Lead Sheet, E1.01 Motor Pool Bldg Demolition Plan, E1.02 Motor Pool Bldg New Work Plan, E1.03 Transportation Admin Bldg Demolition and New Work Plans, E1.04 Maintenance Bldg Demolition and New Work Plans, E5.01 Details, E6.04 Motor Pool Bldg Demolition and New Work Risers, E6.02 Risers, E6.03 Risers, E7.01 Schedules dated June 24, 2024) Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Revised 01/24 2 b. Written specifications prepared by the Designer. c. Hamlett Asscoiates, Inc. proposal dated August 7, 2024 which fully describes the work to be performed, such work (hereinafter called the “Work”). 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 November 19, 2025. 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, 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 Orange County policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php). Any Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Revised 01/24 3 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, 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 Four Hundred Thirty Thousand, One Hunred Dollars ($430,100.00). 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. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Revised 01/24 4 (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 Progressive Design Collaborative, LTD. 3101 Poplarwood Court, Suite 320, Raleigh, NC 27604 and shall show substantially the value of work done during the previous calendar month. (ii) The amount due for payment shall be ninety-five percent (95%) of the value of work completed since the last Request for Payment and this amount shall be paid by the Owner on or before the last business day of the month. Owner shall retain five percent (5%) (the “Retainage”). (1) Upon Owner’s Representative’s certification that fifty percent (50%) of the Work has been satisfactorily completed Retainage shall be reduced to two and one half percent (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 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Revised 01/24 5 Contractor pursuant to this section of the Agreement shall not be deemed to be a breach of the Agreement. 6. NON–APPROPRIATION a. Contractor acknowledges that Owner is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. b. In the event that public funds are unavailable 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 Hamlett Asscoiates, Inc. Attn: A. Barnes Attn: Michael Craig P.O. Box 8181 3704 Security Mills Road Hillsborough, NC 27278 Climax, NC 27233 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 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Revised 01/24 6 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 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Revised 01/24 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: _________________________________ Travis Myren, County Manager By: __________________________________ Michael Craig, President Printed Name and Title Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 10/4/202410/8/2024 Revised 01/24 8 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: Hamlett Associates, Inc Vendor Contact Person: Michael Craig (michael@hamlettai.com) Phone: 336.292.7280 Address: 3704 Security Mills Road City Climax State: NC Zip: 27233 Department: AMS Amount: $430,100.00 Purpose: RFP5417 -Motor Pool, Maintenance Shop, OPT ATS & Generator Work Budget Code(s): 61370035- 890000-30013 Vendor # 68305 Vendor Status with NCSOS: Current - Active Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment ) Effective Date 10/2/2024 End Date 11/19/2025 Notice Date (Notice Purpose ) Award Approved by Board (Agenda Date: 10/1/2024); Made or Administered by AMS Signature Authority - BOCC Express Delegation (Agenda Date: 10/1/2024) - Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000 - Budget Policy Section XV (Capital Improvement Project: 30013) Bidding Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# ) Department Affirmation 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; OR This agreement is approved as to technical form and content. Services related to this agreement have already begun or been completed. Description of the nature of the emergency condition that was addressed: Department Director’s Signature ________________________________________ Date: ________ Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Inapplicable because no hardware/software purchases or related services 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 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: Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 10/4/2024 10/7/2024 10/8/2024 10/8/2024 Revised 01/24 9 Received for record retention: Office of the Clerk to the Board __________________________________________Date:_________ Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLY HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Amerisure Mutual Insurance Co. Hanover Insurance Company Indian Harbor Insurance Company Amerisure Insurance Company 04/24/2024 McGriff Insurance Services LLC Post Office Box 13941 Durham, NC 27709 919 281-4500 NC Certificate Team 919 281-4500 8887468761 NCCertificateTeam@mcgriff.com Hamlett Associates Inc 3704 Security Mills Road Climax, NC 27233-9169 23396 22292 36940 19488 A X X X PD Ded: $250 X CPP20853561102 01/01/2024 01/01/2025 1,000,000 1,000,000 10,000 1,000,000 2,000,000 2,000,000 D X X X CA20853501101 01/01/2024 01/01/2025 1,000,000 A X X X 0 CU20853571102 01/01/2024 01/01/2025 10,000,000 10,000,000 A N WC20853581102 01/01/2024 01/01/2025 X 500,000 500,000 500,000 B C Lease/Rented Eq Professional/Poll RH6892701014 PEC005813602 01/01/2024 01/01/2024 01/01/2025 01/01/2025 $500,000/Ded: $1,000 $1,000,000/$2,000,000 Orange County, its officers, official agents, and employees are included as additional insured regarding General Liability and Automobile Liability if required by written/executed contract before a loss. Waiver of Subrogation applies to General Liability, Auto Liability and Workers Compensation if required by contract and where permitted by law. Umbrella follows over the General Liability, Auto Liability and Employer's Liability. Thirty (30) day notice of cancellation, except for 10 days non-payment of premium applies to the General Liability, Auto Liability and Workers Compensation policies if required by contract. Orange County 300 West Tryon Street PO Box 8181 Hillsborough, NC 27278 1 of 1 #S34246855/M33443618 20HAMLEASSClient#: 1503132 JAW 1 of 1 #S34246855/M33443618 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 This page has been left blank intentionally. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 1 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 2 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 3 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 4 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 5 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 6 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 7 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 8 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 9 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 10 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 11 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 12 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 13 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 14 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 15 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 16 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 17 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 18 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 19 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 20 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 21 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 22 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 23 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 24 Revised 01/24 The Contractor acknowledges that should the Contractor or any of the Contractor’s Subcontractors be damaged by any breach of contract by any other separate prime contractor on the Project, the Contractor may invoke applicable dispute resolution procedures with said other separate prime contractor or bring a direct civil action against said other separate prime contractor. The Contractor hereby expressly agrees that neither the Owner nor its officers, agents, or employees shall have any liability of any kind or nature whatsoever to the Contractor, its Subcontractors, sub-subcontractors, or suppliers arising out of or relating to any breach, inconvenience, delay, interference, or other action or non-action by any other separate prime contractor. The Contractor covenants not to sue the Owner for any loss or damage caused by any breach, inconvenience, delay, interference, or other action or non-action by any other separate prime contractor, notwithstanding whatever rights at law the Contractor might have to bring a civil action against the Owner for any breach, inconvenience, delay, interference, or other action or non-action of any other separate prime contractor. The Contractor agrees to look exclusively to the other prime contractor for relief or remedy. Nothing contained herein or appearing anywhere in the Contract Documents shall obligate or require the Owner to exercise any right or privilege, or to take any action or to refrain from taking any action under any contract it may have with any other prime contractor or party to the Project for the benefit of the Contractor or any Subcontractor, subSubcontractor, or supplier claiming through the Contractor. 7.25 Prior to completion of the Work and Final Payment of the Contract Price, excepting only those portions of the Work deemed accepted in accordance with the Contract Documents, the Contractor shall have charge and care of the Work, and shall take every precaution against injury or damage to any part due to the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the Work. The Contractor shall as required by the Owner replace, rebuild, repair, restore, and make good all injury or damage to any portion of the Work occasioned by any of the above causes before Final Completion and shall bear the expenses thereof. 7.26 In the event that the Work, or any portion thereof, is suspended at any time pursuant to an order of the Owner, the Contractor shall obey all instructions of the Owner regarding storage of materials, drainage, protection of the Work, and erection of temporary structures during the suspension period. 7.27 The Project Expediter for the Project shall be responsible for the coordination of the Work of itself and any other separate contractors, both as to space and time. The Project Expediter shall coordinate the implementation of the Contract Construction Schedule, all construction activities and close-out of the Project, including but not limited to all testing, inspection, certifications, and approvals required by public agencies. The Contractor and the Project Expediter shall each be required to notify the Designer and the Owner promptly of any event or condition which could affect the conduct or progress of the Work and shall cooperate fully with all other contractors on the Project site. 7.28 The Owner hereby delegates to the Project Expediter all of its duties to coordinate and to expedite the Work not expressly reserved to the Owner by other provisions of the Contract Documents. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 25 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 26 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 27 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 28 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 29 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 30 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 31 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 32 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 33 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 34 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 35 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 36 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 37 Revised 01/24 hours for systems necessary to normal operation of the building and within seventy-two (72) hours for all other items. All special guarantees applicable to definite parts of the Work that may be shown in or required by Contract Documents shall be subject to the terms of this paragraph during the first year of the life of such special guarantee. Manufacturer's standard guarantees or warranties which do not comply with the time limit specified herein shall be extended by the Contractor automatically without further action on the part of the Owner or the Designer. 18.4 In the eleventh calendar month after the date of Substantial Completion, and at the request of the Owner, the Contractor, the Owner and the Designer shall make an inspection of the Work for the purpose of identifying defective workmanship 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 38 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 39 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 40 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 41 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 42 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 43 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 44 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 45 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 46 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 47 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Revised 01/24 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. COSTS AND 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. The Parties shall be jointly responsible for the Mediator’s costs and expenses subject to Rule 4.C. above. Each Party is responsible for its own costs and expenses, including reasonable attorneys’ fees, related to the Meiation. 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 ORANGE COUNTY, NORTH CAROLINA MOTOR POOL AND MAINTENANCE SHOP HILLSBOROUGH, NORTH CAROLINA PDC PROJECT #23017 JULY 2024 Prepared by Progressive Design Collaborative, Ltd. 3101 Poplarwood Court, Suite 320, Raleigh, North Carolina 27604 Phone (919) 790-9989 – Fax (919) 790-9367 License #: C-0183 6/24/24 6/24/24 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 THIS PAGE INTENTIONALLY LEFT BLANK Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Orange County Motor Pool and Maintenance Shop PDC #23017 TABLE OF CONTENTS 1 TABLE OF CONTENTS DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS ADVERTISEMENT FOR BIDS BID/ACCEPTANCE FORM CONSTRUCTION CONTRACT SAMPLE EXHIBIT 1 - GENERAL CONDITIONS AND SUPPLEMENTARY GENERAL CONDITIONS DISPUTE RESOLUTION RULES AND PROCEDURES LIVING WAGE CONTRACT POLICY E-VERIFY AFFIDAVIT ORANGE COUNTY NON-DISCRIMINATION CERTIFICATION SUPPLEMENTAL VENDOR INFORMATION MINORITY BUSINESS REQUIREMENTS BID BOND AND PERFORMANCE BOND FORMS SAFETY QUESTIONNAIRE MINIMUM INSURANCE COVERAGE REQUIREMENTS DIVISION 01 - GENERAL REQUIREMENTS 01 10 00 SUMMARY 1 01 14 00 WORK RESTRICTIONS 2 01 20 00 PRICE AND PAYMENT PROCEDURES 2 01 21 00 ALLOWANCES 1 01 22 00 UNIT PRICES 1 01 23 00 ALTERNATES 1 01 25 00 SUBSTITUTION PROCEDURES 1 01 30 00 ADMINISTRATIVE REQUIREMENTS 4 01 32 16 CONSTRUCTION PROGRESS SCHEDULE 2 01 40 00 QUALITY REQUIREMENTS 1 01 60 00 PRODUCT REQUIREMENTS 2 01 70 00 EXECUTION AND CLOSEOUT REQUIREMENTS 5 01 78 00 CLOSEOUT SUBMITTALS 3 01 91 13 GENERAL COMMISSIONING REQUIREMENTS 8 DIVISION 23 - HEATING, VENTILATING, AND AIR-CONDITIONING (HVAC) 23 11 23 FACILITY NATURAL-GAS PIPING 4 DIVISION 26 - ELECTRICAL 26 01 00 ELECTRICAL GENERAL PROVISIONS 4 26 05 05 ELECTRICAL DEMOLITION 2 26 05 19 POWER CONDUCTORS AND CABLES 6 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Orange County Motor Pool and Maintenance Shop PDC #23017 TABLE OF CONTENTS 2 26 05 26 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS 5 26 05 29 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS 2 26 05 33.13 CONDUIT FOR ELECTRICAL SYSTEMS 8 26 05 33.16 BOXES AND CABINETS 4 26 05 48 VIBRATION AND SEISMIC CONTROLS FOR ELECTRICAL SYSTEMS 1 26 05 53 IDENTIFICATION FOR ELECTRICAL SYSTEMS 4 26 05 70 ELECTRICAL COORDINATION DRAWINGS 1 26 05 73 POWER SYSTEM STUDIES 5 26 24 13 SWITCHBOARDS 6 26 24 16 PANELBOARDS 6 26 28 13 FUSES 2 26 28 16.13 ENCLOSED CIRCUIT BREAKERS 1 26 28 16.16 ENCLOSED SWITCHES AND CIRCUIT BREAKERS 5 26 32 13 ENGINE GENERATORS 9 26 36 00 TRANSFER SWITCHES 6 26 43 00 SURGE PROTECTIVE DEVICES 4 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop Section 00 11 13 - ADVERTISEMENT FOR BIDS INVITATION FOR PROPOSALS FOR ORANGE COUNTY MOTOR POOL AND MAINTENANCE SHOP Pursuant to Section 143-131 of the General Statutes of North Carolina, formal single prime bids are solicited and will be received in the office of Orange County Financial / Administrative Services, 131 W. Margaret Lane, Hillsborough, North Carolina 27278 at any time before 2:00 PM on August 7, 2024, and then publicly opened and read aloud. Bidders are welcome to attend the bid opening, but bidder presence is not required and no weight or other consideration toward any award decision will be given to any bidder’s attendance or absence at the bid opening. A mandatory pre-bid conference will be held at the project site (600 Highway 86 N, Hillsborough, NC 27278) on July 17, 2024. at 10:00 AM. Proposals must be enclosed in a sealed envelope addressed to Orange County, Financial Services, Attn: Jovana Amaro. The outside of the envelope must be marked "PROPOSAL FOR ORANGE COUNTY MOTOR POOL AND MAINTENANCE SHOP" and shall indicate the name, address, telephone number and state license number of the bidder. Proposals must be submitted on the printed form, or exact copies thereof, contained in the Contract Documents. Performance and Payment Bonds are required for this project. All Contractors are notified that North Carolina Statutory provisions as to licensing for contractors will be observed in receiving, reading, and awarding of contracts. Plans and specifications, including Contract Documents, are available upon request from Progressive Design Collaborative, 3101 Poplarwood Court, Suite 320, Raleigh, NC 27604, Phone: 919 -790-9989 or email Stacie Gado at sgado@pdcengineers.com. The Owner reserves the right to reject any or all proposals. The bidder to whom the contract may be awarded must comply with the requirements of G.S. Section 143-131, as amended. No bids may be withdrawn after the scheduled closing time for the receipt of proposals for a period of forty - five (45) days. END OF SECTION 00 11 13 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop Section 00 52 00 - BID/ACCEPTANCE FORM for ORANGE COUNTY MOTOR POOL AND MAINTENANCE SHOP This project consists of the following: Motor Pool - Rework standby generator system to automate the change-over. Admin Building - Add a standby gas-fired generator and rework the power distribution. Maintenance Facility - Relocate an existing gas generator to the existing maintenance facility, tie into system, and make modifications as needed. We are in receipt of Addendum 1 Addendum 2 Addendum 3 Addendum 4 Addendum 5 Addendum 6 The undersigned, as bidder, proposes and agrees if this bid is accepted to contract with ORANGE COUNTY, NORTH CAROLINA for the furnishing of all materials, equipment, and labor necessary to complete the construction of the work described in these documents in full and complete accordance with plans, specifications, and contract documents, and to the full and entire satisfaction of the Owner for the sum of: BASE BID (MOTOR POOL SCOPE) Dollars $ ALTERNATE #1 BID: ADMINISTRATION BUILDING SCOPE (ADD / DEDUCT) Dollars $ ALTERNATE #2 BID: MAINTENANCE FACILITY SCOPE (ADD / DEDUCT) Dollars $ General Subcontractor License #: Electrical Subcontractor License #: Respectively submitted this day of 202_ (Contractor’s Name) By: Title: (Owner, partner, corp. Pres. Or Vice President) Address: Email Address: (Corporate Seal) License #: ACCEPTED by Total amount of accepted by the owner, included base bid and bid alternates: TITLE: END OF SECTION 00 52 00 PDC Project 23017 BID/ACCEPTANCE FORM 00 52 00 - 1 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Revised 01/24 1 [Departmental Use Only] TITLE Elec Upgrades RFP5417 FY 2023-2024 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 (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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Revised 01/24 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, 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 Orange County 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. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Revised 01/24 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 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 and shall show substantially the value of work done during the previous calendar month. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Revised 01/24 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: 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Revised 01/24 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 ( ) 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Revised 01/24 8 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: Vendor Contact Person: Phone: Address: City State: Zip: Department: Amount: Purpose: Budget Code(s): Vendor # Vendor Status with NCSOS: Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment ) Effective Date End Date Notice Date (Notice Purpose ) Award Approved by Board (Agenda Date: ); Made or Administered by Signature Authority - BOCC Express Delegation (Agenda Date: ) - Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000 - Budget Policy Section XV (Capital Improvement Project: ) Bidding Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# ) Department Affirmation 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; OR This agreement is approved as to technical form and content. Services related to this agreement have already begun or been completed. Description of the nature of the emergency condition that was addressed: Department Director’s Signature ________________________________________ Date: ________ Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Inapplicable because no hardware/software purchases or related services 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 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: Received for record retention: Office of the Clerk to the Board __________________________________________Date:_________ Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 1 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 2 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 3 Revised 01/24 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 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. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 4 Revised 01/24 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. 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 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 5 Revised 01/24 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 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 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 6 Revised 01/24 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. 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. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 7 Revised 01/24 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. 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. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 8 Revised 01/24 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 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 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 9 Revised 01/24 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. 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 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 10 Revised 01/24 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 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. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 11 Revised 01/24 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 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, Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 12 Revised 01/24 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. 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. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 13 Revised 01/24 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, 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 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 14 Revised 01/24 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 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 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 15 Revised 01/24 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 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 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 16 Revised 01/24 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 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 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 17 Revised 01/24 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 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 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 18 Revised 01/24 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 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 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 19 Revised 01/24 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. 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. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 20 Revised 01/24 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 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. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 21 Revised 01/24 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, 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. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 22 Revised 01/24 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 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 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 23 Revised 01/24 inconvenience, delay, interference, or other action or non-action of the Contractor or the Contractor’s Subcontractors on the Project. The Contractor acknowledges that should the Contractor or any of the Contractor’s Subcontractors be damaged by any breach of contract by any other separate prime contractor on the Project, the Contractor may invoke applicable dispute resolution procedures with said other separate prime contractor or bring a direct civil action against said other separate prime contractor. The Contractor hereby expressly agrees that neither the Owner nor its officers, agents, or employees shall have any liability of any kind or nature whatsoever to the Contractor, its Subcontractors, sub-subcontractors, or suppliers arising out of or relating to any breach, inconvenience, delay, interference, or other action or non-action by any other separate prime contractor. The Contractor covenants not to sue the Owner for any loss or damage caused by any breach, inconvenience, delay, interference, or other action or non-action by any other separate prime contractor, notwithstanding whatever rights at law the Contractor might have to bring a civil action against the Owner for any breach, inconvenience, delay, interference, or other action or non-action of any other separate prime contractor. The Contractor agrees to look exclusively to the other prime contractor for relief or remedy. Nothing contained herein or appearing anywhere in the Contract Documents shall obligate or require the Owner to exercise any right or privilege, or to take any action or to refrain from taking any action under any contract it may have with any other prime contractor or party to the Project for the benefit of the Contractor or any Subcontractor, subSubcontractor, or supplier claiming through the Contractor. 7.25 Prior to completion of the Work and Final Payment of the Contract Price, excepting only those portions of the Work deemed accepted in accordance with the Contract Documents, the Contractor shall have charge and care of the Work, and shall take every precaution against injury or damage to any part due to the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the Work. The Contractor shall as required by the Owner replace, rebuild, repair, restore, and make good all injury or damage to any portion of the Work occasioned by any of the above causes before Final Completion and shall bear the expenses thereof. 7.26 In the event that the Work, or any portion thereof, is suspended at any time pursuant to an order of the Owner, the Contractor shall obey all instructions of the Owner regarding storage of materials, drainage, protection of the Work, and erection of temporary structures during the suspension period. 7.27 The Project Expediter for the Project shall be responsible for the coordination of the Work of itself and any other separate contractors, both as to space and time. The Project Expediter shall coordinate the implementation of the Contract Construction Schedule, all construction activities and close-out of the Project, including but not limited to all testing, inspection, certifications, and approvals required by public agencies. The Contractor and the Project Expediter shall each be required to notify the Designer and the Owner promptly of any event or condition which could affect the conduct or progress of the Work and shall cooperate fully with all other contractors on the Project site. 7.28 The Owner hereby delegates to the Project Expediter all of its duties to coordinate and to expedite the Work not expressly reserved to the Owner by other provisions of the Contract Documents. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 24 Revised 01/24 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 25 Revised 01/24 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. 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. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 26 Revised 01/24 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 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 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 27 Revised 01/24 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 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 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 28 Revised 01/24 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. 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 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 29 Revised 01/24 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 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. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 30 Revised 01/24 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 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. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 31 Revised 01/24 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. 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 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 32 Revised 01/24 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. 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: Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 33 Revised 01/24 (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. 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 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 34 Revised 01/24 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. 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 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 35 Revised 01/24 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) 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 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 36 Revised 01/24 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 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 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 37 Revised 01/24 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. 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. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 38 Revised 01/24 20.7 The amount certified by the Designer for payment shall be ninety-five percent (95%) of the value of Work completed and materials stored since the Designer's last certification as shown on the Request for Payment, less any amounts not certified in accordance with paragraph 20.4, and this amount shall be paid by the Owner on or before the last business day of the month, but payment shall not be past due until not paid within fifteen (15) days thereafter. 20.8 After certification by the Designer that the Work is fifty percent (50%) complete, based on a determination that the Contractor's gross project invoices, excluding the value of materials stored off-site, equal or exceed fifty percent (50%) of the value of the Contract, (except the value of materials stored on-site shall not exceed twenty percent (20%) of the Contractor's gross project invoices for the purpose of determining whether the Project is fifty percent (50%) complete) and the Contractor has provided to the Owner the written consent of its sureties to the cessation of further percentage retention, the amount certified for payment with respect to subsequent Requests for Payment shall be one hundred percent (100%) of the value of Work completed and materials stored since the Designer's last certification as shown on the Request for Payment, less any amounts not certified in accordance with paragraphs 20.4 and 20.5; provided, however, that the aggregate of periodic payments shall not exceed ninety-seven and one half percent (97.5%) of the Contract Price. If the Owner determines that the Contractor's performance under the Contract is unsatisfactory, the Owner may resume withholding percentage retention from each subsequent periodic payment application up to the maximum amount of five percent (5%) of the Contract Price. ARTICLE 21. FINAL PAYMENT 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 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 39 Revised 01/24 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. 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. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 40 Revised 01/24 ARTICLE 23. ASSIGNMENTS AND SUBCONTRACTS 23.1 The Contractor shall not assign any portion of this Agreement nor subcontract the Work in its entirety without the prior written consent of the Owner. Except as may be required under terms of the bonds required by the Contract Documents, no funds or sums of money due or to become due to the Contractor under the Contract Documents may be assigned. ARTICLE 24. MEASUREMENTS 24.1 Before ordering material or doing Work which is dependent for proper size or installation upon coordination with building conditions, the Contractor shall verify all dimensions and shall be responsible for the correctness of same. No consideration will be given for any claim based on differences between the actual dimensions and those indicated in the Contract Documents. Any discrepancies between the Contract Documents and the existing conditions shall be referred to the Designer for adjustment before any Work affected thereby is begun. ARTICLE 25. CONTRACTOR AND SUBCONTRACTOR RELATIONSHIPS 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 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 41 Revised 01/24 26.1 The Contractor shall confine apparatus, the storage of materials, the operations of workers, and the disposal of material to limits indicated by law, ordinances, permits, and directions of the Designer, if any. 26.2 The Contractor shall not load or permit any part of the Work to be loaded with a weight that will endanger its safety, intended performance, or configuration. 26.3 The Contractor shall enforce all of the Designer's instructions, including, but not limited to, those regarding signs, advertisements, fires, and smoking. ARTICLE 27. CUTTING, PATCHING AND FITTING 27.1 The Contractor shall do all cutting, fitting, and patching of the Work that may be required to make its several parts come together properly and fit it to receive or to be received by Work shown in or which can be reasonably implied from the Contract Documents. ARTICLE 28. DISPUTE RESOLUTION 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. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 42 Revised 01/24 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. 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 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 43 Revised 01/24 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 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 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 44 Revised 01/24 completed Work is too small to compensate the Contractor for those expenses under unit prices. If a mutual agreement cannot be reached, the Owner will have the authority to make such equitable adjustments as it deems warranted and the Final Payment will be made accordingly. c) Materials obtained by the Contractor for the Work that have been inspected and accepted by the Designer and that are not incorporated in the Work shall, at the request of the Contractor, be purchased from the Contractor at the Contractor's actual cost as shown by receipted bills and actual costs records at such points of delivery as may be determined by the Owner. d) No payment shall be made by Owner to Contractor except as herein above provided. No claim for loss of anticipated profits shall be considered or allowed. 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 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 45 Revised 01/24 37.1 If any provision of the Agreement shall be declared invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect. 37.2 The titles to Articles herein are for convenience only, are not substantive parts of the General Conditions, and are not to be considered in interpreting the Contract Documents. END OF GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION—EXHIBIT 1 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 SUPPLEMENTARY GENERAL CONDITIONS 00 73 00 - 1 Section 00 73 00 -SUPPLEMENTARY GENERAL CONDITIONS TIME OF COMPLETION The Contractor shall commence work to be performed under this Contract on a date to be specified in written order from the Designer/Owner and shall fully complete all work hereunder within four hundred thirteen (413) consecutive calendar days from the Notice to Proceed. For each day in excess of the above number of days,the Contractor shall pay the Owner the amount of five hundred Dollars ($500)as liquidated damages reasonably estimated in advance to cover the losses to be incurred by the Owner should the Contractor fail to complete the Work within the time specified. Maintenance Building -The power to the facility shall not be down for longer than 10 calendar days while the generator and ATS are tied in. Motor Pool Building -Every effort shall be done to keep power on during normal operating hours of Mon-Fri 7am-5pm. Contractor shall shoot for County holidayts for shutdowns during the M-F daytime hours. If this cannot be accomplished,a shutdown must be coordinated with Owner and Engineer. Admin Building -The power to the facility shall not be down for longer than 10 calendar days while the generator and ATS are tied in. If the Contractor is delayed at any time in the progress of his work by any act or negligence of the Owner,his employees or his separate contractor,by changes ordered in the work;by abnormal weather conditions;by any causes beyond the Contractor's control or by other causes deemed justifiable by Owner,then the contract time may be reasonably extended in a written order from the Owner upon written request from the contractor within ten days following the cause for delay.Time extensions for weather delays,acts of God, labor disputes,fire,delays in transportation,unavoidable casualties or other delays which are beyond the control of the Owner do not entitle the Contractor to compensable damages for delays.Any contractor claim for compensable damages for delays is limited to delays caused solely by the owner or its agents. PRE-BID CONFERENCE: Meeting:On May 8,2023,a Pre-bid meeting will be held at the Motor Pool,600 Highway 86 N,Hillsborough, NC 27278 at 11:00 AM for all interested parties. CONTRUCTION SCHEDULE: The Contractor shall commence work to be performed under this Contract on a date to be specified in written order from the Designer/Owner and shall fully complete all work hereunder within four hundred thirteen (413) consecutive calendar days from the Notice to Proceed. For each day in excess of the above number of days,the Contractor shall pay the Owner the amount of five hundred Dollars ($500)as liquidated damages reasonably estimated in advance to cover the losses to be incurred by the Owner should the Contractor fail Meeting: On July 17, 2024, a Pre-bid meeting will be held at the Motor Pool, 600 Highway 86 N, Hillsborough, NC 27278 at 10:00am for all interested parties. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 SUPPLEMENTARY GENERAL CONDITIONS 00 73 00 - 2 to complete the Work within the time specified. PAYMENTS: The Owner will use e-procurement for all payments to be made to the contractor.The contractor shall carry any fees required in his bid.The Owner will make two payments at the beginning of the shutdown after material is onsite and after final inspection and close-out material is provided and accepted. UTILITIES: Contractor may use existing utilities and facilities at no additional costs.Owner will provide multiple parking spaces at building.. USE OF SITE: Refer to time of completion for work schedule information. NO SMOKING POLICY: The building is non-smoking. FIRE ALARM WORK: Contractor shall coordinate temporary shut down of Fire Alarm system in isolated areas during construction with the owner.System must be active at end of shift. BID BOND: Contractor shall furnish a Bid Bond.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,or a bid bond in an amount equal to not less than five percent (5%)of the proposal,said deposit to be retained by the owner as liquidated damages in event of failure of the successful bidder to execute the contract within ten (10)days after the award or to give satisfactory surety as required by law (G.S.143-129). Bid bond shall be conditioned that the surety will,upon demand,forthwith make payment to the oblige upon said bond if the bidder fails to execute the contract.The owner may retain bid securities of any bidder(s)who may have a reasonable chance of award of contract for the full duration of time stated in the Notice to Bidders.Other bid securities may be released sooner,at the discretion of the owner.All bid securities (cash or certified checks)shall be returned to the bidders promptly after award of contracts,and no later than seven (7)days after expiration of the holding period stated in the Notice to Bidders. PERFORMANCE AND PAYMENT BONDS: Contractor shall furnish a Performance Bond and Payment Bond executed by a surety company authorized to do business in North Carolina.The bonds shall be in the full contract amount.Bonds shall be executed in Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 SUPPLEMENTARY GENERAL CONDITIONS 00 73 00 - 3 the form bound with these specifications (Forms 307 &308).An authorized agent of the bonding company who is licensed to do business in North Carolina shall countersign all bonds. MINORITY BUSINESS PARTICIPATION: Refer to attached Minority Business Employment Requirements. END OF SECTION 00 73 00 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Revised 01/24 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 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 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Revised 01/24 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. 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. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Revised 01/24 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 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. COSTS AND 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. The Parties shall be jointly responsible for the Mediator’s costs and expenses subject to Rule 4.C. above. Each Party is responsible for its own costs and expenses, including reasonable attorneys’ fees, related to the Meiation. 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. 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 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Revised 01/24 “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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 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 _______________, 20__. 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Chapter 12 Civil Rights. Sections 12-23 – 12-49 Reserved. AN ORDINANCE PROHIBITING DISCRIMINATION THROUGHOUT ORANGE COUNTY Sec. 12-50. - Title. This Ordinance shall be known and may be cited as the Orange County Non-Discrimination Ordinance. Sec. 12-51. – Policy and Severability. (a) It is the policy of Orange County not to enter into a contract with any business, company, or firm that has discriminated in the solicitation, selection, hiring or treatment of vendors, suppliers, subcontractors or commercial customers against a Protected Class, or on the basis of any otherwise unlawful use of individual or personal characteristics regarding such vendor's, suppliers, commercial customers, employees, or owners in connection with a county contract or solicitation; provided that nothing in this non-discrimination policy shall prohibit or limit otherwise lawful efforts to remedy the effects of discrimination that has occurred or is occurring in the marketplace. 1. It is the policy of Orange County that every Orange County created contract and subcontract for goods or services shall contain a non-discrimination clause that prohibits discrimination as that term is defined herein. (b) It is further the policy of Orange County that discrimination has no place in Orange County, North Carolina and it is the intent of this ordinance to provide uniform legal protection to individuals in all Protected Classes, making it unlawful for any person to discriminate in housing, public accommodations, and transportation. (c) Should any provision of this Ordinance be found to be unconstitutional by a court of law such provision shall be severed from the remainder of the Ordinance and such action shall not affect the enforceability of the remaining provisions of the Ordinance. Sec. 12-52. - Definitions. (a) Discrimination means any disadvantage, difference, or distinction in the solicitation, selection, hiring, service to, or treatment of a vendor, supplier, subcontractor, or customer on the basis of Protected Class status or on the basis of any otherwise unlawful use of personal or individual characteristics. (b) Housing and public accommodations have the same common meaning as those terms are defined in the Orange County Civil Rights Ordinance. (c) Person means any individual, business, or company, regardless of organizational structure, providing for profit goods, facilities, services, accommodations, transportation, or access to the general public. (d) Protected Class means age (as defined in the Orange County Civil Rights Ordinance), race, ethnicity, color, national origin, religion, creed, sex, sexual orientation, gender, gender identity, gender expression, marital status, familial status, source of income, disability, political affiliation, veteran status, disabled veteran status. (e) Public Accommodation has the same meaning as that term is defined in the Orange County Civil Rights Ordinance except that for purposes of this Ordinance Public Accommodation includes: 1. Transportation companies and transportation providers operating company-owned or privately- Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 owned vehicles providing transportation to the general public; and 2. Private residences providing short-term rentals to members of the general public. A short-term rental means the provision of a room, space, or residential unit that is suitable or intended for occupancy for dwelling, sleeping, or lodging purposes, for a period of fewer than 30 consecutive days, in exchange for a charge for the occupancy. Sec. 12-53. - Contractor bid requirements. (a) All requests for bids or proposals issued for county contracts shall include a certification to be completed by the bidder or proposer in substantially the following form: The undersigned bidder or proposer hereby certifies and agrees that the following information is correct: 1. In preparing its enclosed bid or proposal, the 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 County 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 C ounty 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 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 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 bidder or proposer agrees to comply with the Orange County Non-discrimination Ordinance. Falsification of this certification shall constitute a violation of the Orange County Non-Discrimination Ordinance and shall be grounds for rejection of the bid or proposal or termination, without fault to Orange County, of a contract. 6. As a condition of submitting a bid or proposal to Orange County the 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 bidder or proposer. The 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 contained in this certification. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Sec. 12-54. - Prohibited acts. (a) It shall be unlawful for any person to deny any person the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation on the basis of Protected Class status or on the basis of any otherwise unlawful use of individual or personal characteristics. (b) It shall be unlawful for any person to make, print, circulate, post, mail or otherwise cause to be published a statement, advertisement, or sign which indicates that the full and equal enjoyment of the transportation, access, goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation will be refused, withheld from, or denied any person on the basis of Protected Class status or on the basis of any otherwise unlawful use of individual or personal characteristics, or that any person's patronage of or presence at a place of public accommodation is objectionable, unwelcome, unacceptable, or undesirable on the basis of Protected Class status or on the basis of any otherwise unlawful use of individual or personal characteristics; provided, however, this section does not apply to a private club or other establishment not, in fact, open to the public. (c) It shall be unlawful for any person to intentionally or knowingly: 1. Perform or attempt to perform any act which directly or indirectly results in an individual's bodily injury or property damage where such act is directed at an individual or a group of individuals because of that person's or that group's perceived or actual Protected Class status or on the basis of any otherwise unlawful use of individual or personal characteristics. 2. Solicit, encourage, compensate, assist, or conspire with another to perform or attempt to perform any act which directly or indirectly results in an individual's bodily injury or property damage where such act is directed at an individual or a group of individuals because of that person's or that group's perceived or actual Protected Class status or on the basis of any otherwise unlawful use of individual or personal characteristics. (d) No person shall be found to have violated this Ordinance solely on the basis of the content of any speech or communication used by such person. Sec. 12-55. Exemptions. (a) All applicable exemptions found in Section 12-11 of the Orange County Civil Rights Ordinance related to housing shall apply to alleged violations of Section 12-54 of this Ordinance. Sec. 12-56. Investigation, Enforcement, and Remedy. (a) Sections 12-16 through and including 12-21 of the Orange County Civil Rights Ordinance shall be followed and adhered to during the investigation of any alleged violation of this Ordinance. Any remedies available through said sections of the Orange County Civil Rights Ordinance shall be available hereunder. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 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 County 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 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 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Supplemental Vendor Information: HISTORICALLY UNDERUTILIZED BUSINESSES Historically Underutilized Businesses (HUBs) consist of minority, women and disabled business firms that are at least fifty-one percent owned and operated by an individual(s) of the categories. Also included in this category are disabled business enterprises and non-profit work centers for the blind and severely disabled. Pursuant to G.S. 143B-1361(a), 143-48 and 143-128.4, the County invites and encourages participation in this procurement process by businesses owned by minorities, women, disabled, disabled business enterprises and non-profit work centers for the blind and severely disabled. This includes utilizing subcontractors to perform the required functions in this RFP/RFQ. Any questions concerning NC HUB certification, contact the North Carolina Office of Historically Underutilized Businesses at (919) 807- 2330. The Vendor shall respond to question #1 and #2 below. 1) Is Vendor a Historically Underutilized Business? Yes No 2) Is Vendor Certified with North Carolina as a Historically Underutilized Business? Yes No If so, state HUB classification: ____________________________________________________________ Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 MINORITY BUSINESSES PARTICIPATION REQUIREMENTS Orange County has established a verifiable ten percent (10%) minority business participation goal for the total monetary value of this project. 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. These guidelines are published to accomplish that end. DEFINITIONS: Minority - a person who is a citizen or lawful permanent resident of the United States and who is: a. Black, that is, a person having origins in any of the black racial groups in Africa; b. Hispanic, that is, a person of Spanish or Portuguese culture with origins in Mexico, South or Central America, or the Caribbean Islands, regardless of race; c. Asian American, that is, a person having origins in any of the original peoples of the Far East, Southeast Asia and Asia, the Indian subcontinent, the Pacific Islands; d. American Indian or Alaskan Native, that is, a person having origins in any of the original peoples of North America; or e. Female. Socially and Economically Disadvantaged Individual: Socially disadvantaged individuals are those who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities. Economically disadvantaged individuals are those socially disadvantaged individuals 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 area who are not socially disadvantaged. 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 b. Of which the management and daily business operations are controlled by one or more of the minority persons who own it; and c. Is certified in one of the MWBE categories as defined by the NC Department of Administration/Historically Underutilized Business (HUB) and the NC Department of Transportation/Disadvantaged Business Enterprise (DBE). Bidder Responsibilities: 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. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 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. 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 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. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 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. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 (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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 (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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 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: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Orange County Bid Checklist 5/15/2023 Items to be returned with Bid Contractor Signed Bid Forms Living Wage Contractor Policy E-Verify Affidavit Orange County Nondiscrimination Certification Supplemental Vendor Information: Historically Underutilized Businesses MB Participation Forms Bid Bond Safety Questionnaire B i Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Summary 01 10 00 - 1 SECTION 01 10 00 SUMMARY PART 1 GENERAL 1.01 CONTRACT DESCRIPTION A.Contract Type: A single prime contract based on a Stipulated Price as described in Document 00 52 00 -Agreement Form. 1.02 OWNER OCCUPANCY A.Owner intends to occupy the Project upon Substantial Completion. B.Owner intends to occupy a certain portion of the Project prior to the completion date for the conduct of normal operations. C.Cooperate with Owner to minimize conflict and to facilitate Owner's operations. D.Schedule the Work to accommodate Owner occupancy. 1.03 CONTRACTOR USE OF SITE AND PREMISES A.Arrange use of site and premises to allow: 1.Owner occupancy. B.Provide access to and from site as required by law and by Owner: 1.Emergency Building Exits During Construction: Keep all exits required by code open during construction period;provide temporary exit signs if exit routes are temporarily altered. 2.Do not obstruct roadways,sidewalks,or other public ways without permit. C.Utility Outages and Shutdown: 1.Limit disruption of utility services to hours the building is unoccupied. 2.Do not disrupt or shut down life safety systems,including but not limited to fire sprinklers and fire alarm system,without 7 days notice to Owner and authorities having jurisdiction. 3.Prevent accidental disruption of utility services to other facilities. END OF SECTION 01 10 00 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Work Restrictions 01 14 00 - 1 SECTION 01 14 00 WORK RESTRICTIONS PART 1 –GENERAL 1.01 RELATED DOCUMENTS: A.Drawings,Notice to Bidders and Standard General Conditions of the Construction Contract, including Supplementary General Conditions and Division-1 Specification sections,apply to work of this section. 1.02 WORK SEQUENCE: A.Work shall begin after NTP.Work shall not disrupt service to Owner’s facility. 1.03 WORK RESTRICTION: A.Behavior policy:All construction personnel shall be respectful of all state employees and visitors of the project site.Any incidents of disrespect,verbal abuse,threatening statements,unwelcome comments,unwelcome interaction or any form of harassment from any construction personnel toward any state employee or visitor is strictly prohibited.Any such act shall constitute sufficient cause for NC State to remove any individual permanently from the project and property.In addition,any of the contractor(s)project personnel who ignore or refuse to take action on any requirements of the contract documents;ignore or refuse to take immediate action to correct any endangerment to the health and safety of the public;as solely determined by NC State;then those actions shall be sufficient cause for NC State to permanently remove those individuals from the project and property.If in the sole determination of NC State,it would be in the best interest of the project and NC State to have any of the contractor(s)personnel removed from the project then the contractor shall do so upon request.Such actions taken shall not constitute grounds for a delay claim.NC State will not be responsible for any delays caused to the project due to any individual being removed from the project. B.Use of the Premises:Parking is limited on site and will be coordinated during construction. C.OSHA Compliance. 1.It is the intent of NC State that all projects be designed in such a manner that they can be constructed and built in utilizing work practices in accordance with OSHA regulations.All Contractors and Subcontractors shall meet all requirements specified in 29 CFR 1910 and 1926,along with the Association of General Contractors Accident Prevention Manual. 2.Contractors are referred to resources including,but not limited to,OSHA standards 1910 and 1926,and the Association of General Contractors Accident Prevention Manual.Also,each project will have a designated safety manager. 3.The Contractor must designate,in writing,a safety manager for each project. 4.It shall be the Contractor’s responsibility to: a.Provide a safe and healthful workplace free from recognized hazards to minimize the likelihood of accident or injury to all personnel. b.Comply with OSHA standards 1910 and 1926,and any other applicable environmental health and safety regulations. c.Comply with the requirements of the Association of General Contractors Accident Prevention Manual. d.Provide adequate work-area protection to protect the safety and well-being of faculty, staff,and visitors. e.Maintain an accurate list of chemicals used during construction,which must be made available to campus or other requesting personnel. f.Establish and maintain an effective safety and health program involving all levels of the contracting organization,including managers,supervisors,and employees.A person designated as being responsible for safety must be present on site at all times work is in progress. 1) Assure that a “competent person”as defined by OSHA is present during all projects that involve trenching or use of scaffolding. D.Contractor Compliance Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Work Restrictions 01 14 00 - 2 1.Contractor shall provide documentation for all individuals on the job site to ensure the Lunsford Act/Criminal Background Check is provided. 2.Contractor shall be required to adhere to all Board of Education policies affecting the campus. 1.04 BUILDING ACCESS:THE BUILDING WILL BE FULLY OCCUPIED DURING CONSTRUCTION. CONTRACTOR SHALL COORDINATE ALL CONSTRUCTION ACTIVITIES WITH THE OWNER. PART 2 -PRODUCTS (NOT APPLICABLE) PART 3 –EXECUTION (NOT APPLICABLE) END OF SECTION 01 14 00 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Price and Payment Procedures 01 20 00 - 1 SECTION 01 20 00 PRICE AND PAYMENT PROCEDURES PART 1 GENERAL 1.01 SECTION INCLUDES A.Procedures for preparation and submittal of applications for progress payments. B.Documentation of changes in Contract Sum and Contract Time. C.Procedures for preparation and submittal of application for final payment. 1.02 SCHEDULE OF VALUES A.Use Schedule of Values Form: AIA G703. B.Electronic media printout including equivalent information will be considered in lieu of standard form specified;submit draft to Architect for approval. C.Forms filled out by hand will not be accepted. D.Submit Schedule of Values in duplicate within 20 days after date of Owner-Contractor Agreement. E.Format: Utilize the Table of Contents of this Project Manual.Identify each line item with number and title of the specification section. Identify site mobilization. F.Revise schedule to list approved Change Orders,with each Application For Payment. 1.03 APPLICATIONS FOR PROGRESS PAYMENTS A.Payment Period: Submit at intervals stipulated in the General and Supplementary Conditions. B.Use Form AIA G702 and Form AIA G703. C.Forms filled out by hand will not be accepted. D.Execute certification by signature of authorized officer. E.Use data from approved Schedule of Values. Provide dollar value in each column for each line item for portion of work performed and for stored products. F.List each authorized Change Order as a separate line item,listing Change Order number and dollar amount as for an original item of work. G.Submit one electronic and three hard-copies of each Application for Payment. H.Include the following with the application: 1.Transmittal letter as specified for submittals in Section 01 30 00. 2.Construction progress schedule,revised and current as specified in Section 01 30 00. 3.State Tax form if required 1.04 MODIFICATION PROCEDURES A.For minor changes not involving an adjustment to the Contract Sum or Contract Time,Architect will issue instructions directly to Contractor. B.For changes for which advance pricing is desired,Architect will issue a document that includes a detailed description of a proposed change with supplementary or revised drawings and specifications,a change in Contract Time for executing the change with a stipulation of any overtime work required and the period of time during which the requested price will be considered valid. Contractor shall prepare and submit a fixed price quotation within 7 days. C.Computation of Change in Contract Amount: As specified in the Agreement and Conditions of the Contract. 1.05 APPLICATION FOR FINAL PAYMENT A.Prepare Application for Final Payment as specified for progress payments,identifying total adjusted Contract Sum,previous payments,and sum remaining due. B.Application for Final Payment will not be considered until the following have been accomplished: 1.All closeout procedures specified in Section 01 70 00. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Price and Payment Procedures 01 20 00 - 2 PART 2 PRODUCTS -NOT USED PART 3 EXECUTION -NOT USED END OF SECTION 01 20 00 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Allowances 01 21 00 - 1 SECTION 01 21 00 ALLOWANCES PART 1 GENERAL 1.01 SECTION INCLUDES A.Contingency allowance. 1.02 CONTINGENCY ALLOWANCE A.Contractor's costs for products,delivery,installation,labor,insurance,payroll,taxes,bonding, equipment rental,overhead and profit will be included in Change Orders authorizing expenditure of funds from this Contingency Allowance. B.Funds will be drawn from the Contingency Allowance only by Change Order. C.At closeout of Contract,funds remaining in Contingency Allowance will be credited to Owner by Change Order. 1.03 ALLOWANCES SCHEDULE A.Contingency Allowance: Include the stipulated sum/price of $50,000for use upon Owner's instructions. PART 2 PRODUCTS -NOT USED PART 3 EXECUTION -NOT USED END OF SECTION 01 21 00 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Alternates 01 23 00 - 1 SECTION 01 23 00 ALTERNATES PART 1 GENERAL 1.01 SECTION INCLUDES A.Description of Alternates. B.Procedures for pricing Alternates. 1.02 ACCEPTANCE OF ALTERNATES A.Alternates quoted on Bid Forms will be reviewed and accepted or rejected at Owner's option. Accepted Alternates will be identified in the Owner-Contractor Agreement. 1.03 SCHEDULE OF ALTERNATES A.Alternate No.1:Provide DDC controls by single brand Schneider. PART 2 PRODUCTS -NOT USED PART 3 EXECUTION -NOT USED END OF SECTION 01 23 00 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Substitution Procedures 01 25 00 - 1 SECTION 01 25 00 SUBSTITUTION PROCEDURES PART 1 GENERAL 1.01 SECTION INCLUDES A.Procedural requirements for proposed substitutions. PART 2 PRODUCTS -NOT USED PART 3 EXECUTION 3.01 GENERAL REQUIREMENTS A.A Substitution Request for products,assemblies,materials,and equipment constitutes a representation that the submitter: 1.Has investigated proposed product and determined that it meets or exceeds the quality level of the specified product,equipment,assembly,or system. 2.Agrees to provide the same warranty for the substitution as for the specified product. 3.Agrees to coordinate installation and make changes to other work that may be required for the work to be complete,with no additional cost to Owner. 4.Waives claims for additional costs or time extension that may subsequently become apparent. B.Document each request with complete data substantiating compliance of proposed substitution with Contract Documents. Burden of proof is on proposer. C.Content: Include information necessary for tracking the status of each Substitution Request,and information necessary to provide an actionable response. 1.Forms indicated in the Project Manual are adequate for this purpose,and must be used. D.Limit each request to a single proposed substitution item. 1.Submit an electronic document,combining the request form with supporting data into single document. 3.02 SUBSTITUTION PROCEDURES DURING PROCUREMENT A.Submittal Form (before award of contract): 1.Submit substitution requests by completing the form attached to this section. See this form for additional information and instructions. Use only this form;other forms of submission are unacceptable. B.Owner will consider requests for substitutions only if submitted at least 10 days prior to the date for receipt of bids. 3.03 RESOLUTION A.Architect may request additional information and documentation prior to rendering a decision. Provide this data in an expeditious manner. B.Architect will notify Contractor in writing of decision to accept or reject request. 3.04 ACCEPTANCE A.Accepted substitutions change the work of the Project. They will be documented and incorporated into work of the project by Change Order,Construction Change Directive,Architectural Supplementary Instructions,or similar instruments provided for in the Conditions of the Contract. END OF SECTION 01 25 00 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Administrative Requirements 01 30 00 - 1 SECTION 01 30 00 ADMINISTRATIVE REQUIREMENTS PART 1 GENERAL 1.01 SECTION INCLUDES A.General administrative requirements. B.Preconstruction meeting. C.Progress meetings. D.Construction progress schedule. E.Submittals for review,information,and project closeout. F.Number of copies of submittals. G.Requests for Interpretation (RFI)procedures. H.Submittal procedures. 1.02 GENERAL ADMINISTRATIVE REQUIREMENTS A.Comply with requirements of Section 01 70 00 -Execution and Closeout Requirements for coordination of execution of administrative tasks with timing of construction activities. PART 2 PRODUCTS -NOT USED PART 3 EXECUTION 3.01 PRECONSTRUCTION MEETING A.Architect will schedule a meeting after Construction Contracts are finalized. B.Attendance Required: 1.Owner. 2.Architect. 3.Contractor. C.Agenda: 1.Execution of Owner-Contractor Agreement. 2.Submission of executed bonds and insurance certificates. 3.Distribution of Contract Documents. 4.Submission of list of subcontractors,list of products,schedule of values,and progress schedule. 5.Designation of personnel representing the parties to Contract and Engineer. 6.Procedures and processing of field decisions,submittals,substitutions,applications for payments,proposal request,Change Orders,and Contract closeout procedures. 7.Scheduling. D.Record minutes and distribute copies within two days after meeting to participants,with two copies to Architect,Owner,participants,and those affected by decisions made. 3.02 PROGRESS MEETINGS A.Schedule and administer meetings throughout progress of the work at maximum bi-monthly intervals. B.Make arrangements for meetings,prepare agenda with copies for participants,preside at meetings. C.Attendance Required: 1.Contractor. 2.Owner. 3.Architect. 4.Contractor's superintendent. 5.Major subcontractors. D.Agenda: Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Administrative Requirements 01 30 00 - 2 1.Review minutes of previous meetings. 2.Review of work progress. 3.Field observations,problems,and decisions. 4.Identification of problems that impede,or will impede,planned progress. 5.Review of submittals schedule and status of submittals. 6.Maintenance of progress schedule. 7.Corrective measures to regain projected schedules. 8.Planned progress during succeeding work period. 9.Maintenance of quality and work standards. 10.Effect of proposed changes on progress schedule and coordination. 11.Other business relating to work. E.Record minutes and distribute copies within two days after meeting to participants,with two copies to Architect,Owner,participants,and those affected by decisions made. 3.03 CONSTRUCTION PROGRESS SCHEDULE -SEE SECTION 01 32 16 A.Within 10 days after date of the Agreement,submit preliminary schedule defining planned operations for the first 60 days of work,with a general outline for remainder of work. 3.04 SUBMITTALS FOR REVIEW A.When the following are specified in individual sections,submit them for review: 1.Product data. 2.Shop drawings. 3.Samples for selection. 4.Samples for verification. B.Submit to Architect for review for the limited purpose of checking for compliance with information given and the design concept expressed in Contract Documents. C.Samples will be reviewed for aesthetic,color,or finish selection. D.After review,provide copies and distribute in accordance with SUBMITTAL PROCEDURES article below and for record documents purposes described in Section 01 78 00 -Closeout Submittals. 3.05 SUBMITTALS FOR INFORMATION A.When the following are specified in individual sections,submit them for information: 1.Design data. 2.Certificates. 3.Test reports. 4.Inspection reports. 5.Manufacturer's instructions. 6.Manufacturer's field reports. 7.Other types indicated. B.Submit for Architect's knowledge as contract administrator or for Owner. 3.06 SUBMITTALS FOR PROJECT CLOSEOUT A.Submit Correction Punch List for Substantial Completion. B.Submit Final Correction Punch List for Substantial Completion. C.When the following are specified in individual sections,submit them at project closeout in compliance with requirements of Section 01 78 00 -Closeout Submittals: 1.Project record documents. 2.Operation and maintenance data. 3.Warranties. 4.Bonds. 5.Other types as indicated. D.Submit for Owner's benefit during and after project completion. 3.07 NUMBER OF COPIES OF SUBMITTALS Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Administrative Requirements 01 30 00 - 3 A.Electronic Documents: Submit one electronic copy in PDF format;an electronically-marked up file will be returned. Create PDFs at native size and right-side up;illegible files will be rejected. 1.PDFs are to be bookmarked with approriate sections. B.Samples: Submit the number specified in individual specification sections;one of which will be retained by Architect. 1.After review,produce duplicates. 2.Retained samples will not be returned to Contractor unless specifically so stated. 3.08 SUBMITTAL PROCEDURES A.General Requirements: 1.Use a single transmittal for related items. 2.Sequentially identify each item. For revised submittals use original number and a sequential numerical suffix. 3.Identify: Project;Contractor;subcontractor or supplier;pertinent drawing and detail number; and specification section number and article/paragraph,as appropriate on each copy. 4.Apply Contractor's stamp,signed or initialed certifying that review,approval,verification of products required,field dimensions,adjacent construction work,and coordination of information is in accordance with the requirements of the work and Contract Documents. 5.Deliver each submittal on date noted in submittal schedule,unless an earlier date has been agreed to by all affected parties,and is of the benefit to the project. a.Send submittals in electronic format via email to Architect. 6.Schedule submittals to expedite the Project,and coordinate submission of related items. a.For each submittal for review,allow 10 business days excluding delivery time to and from the Contractor. b.For sequential reviews involving Architect's consultants,Owner,or another affected party,allow an additional 7 days. 7.Identify variations from Contract Documents and product or system limitations that may be detrimental to successful performance of the completed work. 8.Provide space for Contractor and Architect review stamps. 9.When revised for resubmission,identify all changes made since previous submission. B.Shop Drawing Procedures: 1.Prepare accurate,drawn-to-scale,original shop drawing documentation by interpreting Contract Documents and coordinating related work. 2.Do not reproduce Contract Documents to create shop drawings. 3.Generic,non-project-specific information submitted as shop drawings do not meet the requirements for shop drawings. 3.09 SUBMITTAL REVIEW A.Submittals for Review: Architect will review each submittal,and approve,or take other appropriate action. B.Submittals for Information: Architect will not acknowledge receipt,and take no other action. C.Architect's actions will be reflected by marking each returned submittal using virtual stamp on electronic submittals. 1.Notations may be made directly on submitted items and/or listed on appended Submittal Review cover sheet. D.Architect's and consultants'actions on items submitted for review: 1.Authorizing purchasing,fabrication,delivery,and installation: a."Approved",or language with same legal meaning. b."Approved as Noted,Resubmission not required",or language with same legal meaning. 1)At Contractor's option,submit corrected item,with review notations acknowledged and incorporated. 2)A corrected submittal shall be included in the closeout documents. c."Approved as Noted,Resubmit for Record",or language with same legal meaning. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Administrative Requirements 01 30 00 - 4 1)Resubmit corrected item,with review notations acknowledged and incorporated. Resubmit separately,or as part of project record documents. 2.Not Authorizing fabrication,delivery,and installation: a."Revise and Resubmit". 1)Resubmit revised item,with review notations acknowledged and incorporated. b."Rejected". 1)Submit item complying with requirements of Contract Documents. E.Architect's and consultants'actions on items submitted for information: 1.Items for which no action was taken: a."Received"- to notify the Contractor that the submittal has been received for record only. 2.Items for which action was taken: a."Reviewed"-no further action is required from Contractor. END OF SECTION 01 30 00 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Construction Progress Schedule 01 32 16 - 1 SECTION 01 32 16 CONSTRUCTION PROGRESS SCHEDULE PART 1 GENERAL 1.01 SECTION INCLUDES A.Preliminary schedule. B.Construction progress schedule,bar chart type. 1.02 SUBMITTALS A.Within 10 days after date of Agreement,submit preliminary schedule. B.If preliminary schedule requires revision after review,submit revised schedule within 10 days. C.Within 20 days after review of preliminary schedule,submit draft of proposed complete schedule for review. D.Submit updated schedule with each Application for Payment. 1.03 SCHEDULE FORMAT A.Listings: In chronological order according to the start date for each activity. Identify each activity with the applicable specification section number. B.Diagram Sheet Size: Maximum 22 x 17 inches. PART 2 PRODUCTS -NOT USED PART 3 EXECUTION 3.01 PRELIMINARY SCHEDULE A.Prepare preliminary schedule in the form of a horizontal bar chart. 3.02 CONTENT A.Show complete sequence of construction by activity,with dates for beginning and completion of each element of construction. B.Identify each item by specification section number. C.Show accumulated percentage of completion of each item,and total percentage of Work completed,as of the first day of each month. D.Provide legend for symbols and abbreviations used. 3.03 BAR CHARTS A.Include a separate bar for each major portion of Work or operation. B.Identify the first work day of each week. 3.04 UPDATING SCHEDULE A.Maintain schedules to record actual start and finish dates of completed activities. B.Indicate progress of each activity to date of revision,with projected completion date of each activity. C.Annotate diagrams to graphically depict current status of Work. D.Identify activities modified since previous submittal,major changes in Work,and other identifiable changes. E.Indicate changes required to maintain Date of Substantial Completion. F.Submit reports required to support recommended changes. 3.05 DISTRIBUTION OF SCHEDULE A.Distribute copies of updated schedules to Contractor's project site file,to subcontractors,suppliers, Architect,Owner,and other concerned parties. B.Instruct recipients to promptly report,in writing,problems anticipated by projections indicated in schedules. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Construction Progress Schedule 01 32 16 - 2 END OF SECTION 01 32 16 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Quality Requirements 01 40 00 - 1 SECTION 01 40 00 QUALITY REQUIREMENTS PART 1 GENERAL 1.01 SECTION INCLUDES A.References and standards. B.Control of installation. C.Defect Assessment. 1.02 REFERENCES AND STANDARDS A.For products and workmanship specified by reference to a document or documents not included in the Project Manual,also referred to as reference standards,comply with requirements of the standard,except when more rigid requirements are specified or are required by applicable codes. B.Comply with reference standard of date of issue current on date of Contract Documents,except where a specific date is established by applicable code. C.Obtain copies of standards where required by product specification sections. D.Maintain copy at project site during submittals,planning,and progress of the specific work,until Substantial Completion. E.Should specified reference standards conflict with Contract Documents,request clarification from Architect before proceeding. F.Neither the contractual relationships,duties,or responsibilities of the parties in Contract nor those of Architect shall be altered from Contract Documents by mention or inference otherwise in any reference document. PART 3 EXECUTION 2.01 CONTROL OF INSTALLATION A.Monitor quality control over suppliers,manufacturers,products,services,site conditions,and workmanship,to produce work of specified quality. B.Comply with manufacturers'instructions,including each step in sequence. C.Should manufacturers'instructions conflict with Contract Documents,request clarification from Architect before proceeding. D.Comply with specified standards as minimum quality for the work except where more stringent tolerances,codes,or specified requirements indicate higher standards or more precise workmanship. E.Have work performed by persons qualified to produce required and specified quality. F.Verify that field measurements are as indicated on shop drawings or as instructed by the manufacturer. G.Secure products in place with positive anchorage devices designed and sized to withstand stresses,vibration,physical distortion,and disfigurement. 2.02 DEFECT ASSESSMENT A.Replace Work or portions of the Work not complying with specified requirements. END OF SECTION 01 40 00 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Product Requirements 01 60 00 - 1 SECTION 01 60 00 PRODUCT REQUIREMENTS PART 1 GENERAL 1.01 SECTION INCLUDES A.Transportation,handling,storage and protection. B.Product option requirements. C.Substitution limitations. D.Maintenance materials,including extra materials,spare parts,tools,and software. 1.02 REFERENCE STANDARDS A.NEMA MG 1 -Motors and Generators;2018. 1.03 SUBMITTALS A.Product Data Submittals: Submit manufacturer's standard published data. Mark each copy to identify applicable products,models,options,and other data. Supplement manufacturers' standard data to provide information specific to this Project. B.Shop Drawing Submittals: Prepared specifically for this Project;indicate utility and electrical characteristics,utility connection requirements,and location of utility outlets for service for functional equipment and appliances. C.Sample Submittals: Illustrate functional and aesthetic characteristics of the product,with integral parts and attachment devices.Coordinate sample submittals for interfacing work. 1.For selection from standard finishes,submit samples of the full range of the manufacturer's standard colors,textures,and patterns. PART 2 PRODUCTS 2.01 NEW PRODUCTS A.Provide new products unless specifically required or permitted by Contract Documents. B.Use of products having any of the following characteristics is not permitted: 1.Containing lead,cadmium,or asbestos. C.Motors: Refer to Section 21 05 13 -Common Motor Requirements for Fire Suppression Equipment,NEMA MG 1 Type. Specific motor type is specified in individual specification sections. 2.02 PRODUCT OPTIONS A.Products Specified by Reference Standards or by Description Only: Use any product meeting those standards or description. B.Products Specified by Naming One or More Manufacturers: Use a product of one of the manufacturers named and meeting specifications,no options or substitutions allowed. C.Products Specified by Naming One or More Manufacturers with a Provision for Substitutions: Submit a request for substitution for any manufacturer not named. 2.03 MAINTENANCE MATERIALS A.Furnish extra materials,spare parts,tools,and software of types and in quantities specified in individual specification sections. B.Deliver to Project site;obtain receipt prior to final payment. PART 3 EXECUTION 3.01 SUBSTITUTION LIMITATIONS A.See Section 01 25 00 -Substitution Procedures. 3.02 TRANSPORTATION AND HANDLING A.Package products for shipment in manner to prevent damage;for equipment,package to avoid loss of factory calibration. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Product Requirements 01 60 00 - 2 B.If special precautions are required,attach instructions prominently and legibly on outside of packaging. C.Coordinate schedule of product delivery to designated prepared areas in order to minimize site storage time and potential damage to stored materials. D.Transport and handle products in accordance with manufacturer's instructions. E.Transport materials in covered trucks to prevent contamination of product and littering of surrounding areas. F.Promptly inspect shipments to ensure that products comply with requirements,quantities are correct,and products are undamaged. G.Provide equipment and personnel to handle products by methods to prevent soiling,disfigurement, or damage,and to minimize handling. H.Arrange for the return of packing materials,such as wood pallets,where economically feasible. 3.03 STORAGE AND PROTECTION A.Designate receiving/storage areas for incoming products so that they are delivered according to installation schedule and placed convenient to work area in order to minimize waste due to excessive materials handling and misapplication. See Section 01 74 19. B.Store and protect products in accordance with manufacturers'instructions. C.Store with seals and labels intact and legible. D.Store sensitive products in weathertight,climate-controlled enclosures in an environment favorable to product. E.For exterior storage of fabricated products,place on sloped supports above ground. F.Protect products from damage or deterioration due to construction operations,weather, precipitation,humidity,temperature,sunlight and ultraviolet light,dirt,dust,and other contaminants. G.Comply with manufacturer's warranty conditions,if any. H.Cover products subject to deterioration with impervious sheet covering. Provide ventilation to prevent condensation and degradation of products. I.Prevent contact with material that may cause corrosion,discoloration,or staining. J.Provide equipment and personnel to store products by methods to prevent soiling,disfigurement, or damage. K.Arrange storage of products to permit access for inspection.Periodically inspect to verify products are undamaged and are maintained in acceptable condition. END OF SECTION 01 60 00 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Execution and Closeout Requirements 01 70 00 - 1 SECTION 01 70 00 EXECUTION AND CLOSEOUT REQUIREMENTS PART 1 GENERAL 1.01 SECTION INCLUDES A.Examination,preparation,and general installation procedures. B.Requirements for alterations work,including selective demolition,______. C.Cutting and patching. D.Cleaning and protection. E.Starting of systems and equipment. F.Demonstration and instruction of Owner personnel. G.Closeout procedures,including Contractor's Correction Punch List,except payment procedures. H.General requirements for maintenance service. 1.02 REFERENCE STANDARDS A.NFPA 241 -Standard for Safeguarding Construction,Alteration,and Demolition Operations;2022, with Errata (2021). 1.03 SUBMITTALS A.See Section 01 30 00 -Administrative Requirements,for submittal procedures. B.Cutting and Patching: Submit written request in advance of cutting or alteration that affects: 1.Structural integrity of any element of Project. 2.Integrity of weather exposed or moisture resistant element. 3.Efficiency,maintenance,or safety of any operational element. 4.Visual qualities of sight exposed elements. 5.Work of Owner or separate Contractor. C.Project Record Documents: Accurately record actual locations of capped and active utilities. 1.04 PROJECT CONDITIONS A.Ventilate enclosed areas to assist cure of materials,to dissipate humidity,and to prevent accumulation of dust,fumes,vapors,or gases. B.Dust Control: Execute work by methods to minimize raising dust from construction operations. Provide positive means to prevent air-borne dust from dispersing into atmosphere and over adjacent property. 1.Provide dust-proof barriers between construction areas and areas continuing to be occupied by Owner. PART 2 PRODUCTS 2.01 PATCHING MATERIALS A.New Materials: As specified in product sections;match existing products and work for patching and extending work. B.Type and Quality of Existing Products: Determine by inspecting and testing products where necessary,referring to existing work as a standard. C.Product Substitution: For any proposed change in materials,submit request for substitution described in Section 01 60 00 -Product Requirements. PART 3 EXECUTION 3.01 EXAMINATION A.Verify that existing site conditions and substrate surfaces are acceptable for subsequent work. Start of work means acceptance of existing conditions. B.Verify that existing substrate is capable of structural support or attachment of new work being applied or attached. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Execution and Closeout Requirements 01 70 00 - 2 C.Examine and verify specific conditions described in individual specification sections. D.Take field measurements before confirming product orders or beginning fabrication,to minimize waste due to over-ordering or misfabrication. E.Verify that utility services are available,of the correct characteristics,and in the correct locations. F.Prior to Cutting: Examine existing conditions prior to commencing work,including elements subject to damage or movement during cutting and patching. After uncovering existing work, assess conditions affecting performance of work. Beginning of cutting or patching means acceptance of existing conditions. 3.02 PREPARATION A.Clean substrate surfaces prior to applying next material or substance. B.Seal cracks or openings of substrate prior to applying next material or substance. C.Apply manufacturer required or recommended substrate primer,sealer,or conditioner prior to applying any new material or substance in contact or bond. 3.03 GENERAL INSTALLATION REQUIREMENTS A.Install products as specified in individual sections,in accordance with manufacturer's instructions and recommendations,and so as to avoid waste due to necessity for replacement. B.Make vertical elements plumb and horizontal elements level,unless otherwise indicated. C.Install equipment and fittings plumb and level,neatly aligned with adjacent vertical and horizontal lines,unless otherwise indicated. D.Make consistent texture on surfaces,with seamless transitions,unless otherwise indicated. E.Make neat transitions between different surfaces,maintaining texture and appearance. 3.04 ALTERATIONS A.Drawings showing existing construction and utilities are based on casual field observation and existing record documents only. 1.Verify that construction and utility arrangements are as indicated. 2.Report discrepancies to Architect before disturbing existing installation. 3.Beginning of alterations work constitutes acceptance of existing conditions. B.Remove existing work as indicated and as required to accomplish new work. 1.Remove items indicated on drawings. 2.Relocate items indicated on drawings. 3.Where new surface finishes are to be applied to existing work,perform removals,patch,and prepare existing surfaces as required to receive new finish;remove existing finish if necessary for successful application of new finish. 4.Where new surface finishes are not specified or indicated,patch holes and damaged surfaces to match adjacent finished surfaces as closely as possible. C.Services (Including but not limited to HVAC,Plumbing,Fire Protection,Electrical,and Telecommunications): Remove,relocate,and extend existing systems to accommodate new construction. 1.Maintain existing active systems that are to remain in operation;maintain access to equipment and operational components;if necessary,modify installation to allow access or provide access panel. 2.Where existing systems or equipment are not active and Contract Documents require reactivation,put back into operational condition;repair supply,distribution,and equipment as required. 3.Where existing active systems serve occupied facilities but are to be replaced with new services,maintain existing systems in service until new systems are complete and ready for service. a.Disable existing systems only to make switchovers and connections;minimize duration of outages. b.Provide temporary connections as required to maintain existing systems in service. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Execution and Closeout Requirements 01 70 00 - 3 4.Verify that abandoned services serve only abandoned facilities. 5.Remove abandoned pipe,ducts,conduits,and equipment ,including those above accessible ceilings;remove back to source of supply where possible,otherwise cap stub and tag with identification;patch holes left by removal using materials specified for new construction. D.Protect existing work to remain. 1.Prevent movement of structure;provide shoring and bracing if necessary. 2.Perform cutting to accomplish removals neatly and as specified for cutting new work. 3.Repair adjacent construction and finishes damaged during removal work. E.Adapt existing work to fit new work: Make as neat and smooth transition as possible. F.Patching: Where the existing surface is not indicated to be refinished,patch to match the surface finish that existed prior to cutting. Where the surface is indicated to be refinished,patch so that the substrate is ready for the new finish. G.Refinish existing surfaces as indicated: 1.Where rooms or spaces are indicated to be refinished,refinish all visible existing surfaces to remain to the specified condition for each material,with a neat transition to adjacent finishes. 2.If mechanical or electrical work is exposed accidentally during the work,re-cover and refinish to match. H.Clean existing systems and equipment. I.Remove demolition debris and abandoned items from alterations areas and dispose of off-site;do not burn or bury. J.Do not begin new construction in alterations areas before demolition is complete. K.Comply with all other applicable requirements of this section. 3.05 CUTTING AND PATCHING A.Whenever possible,execute the work by methods that avoid cutting or patching. B.See Alterations article above for additional requirements. C.Perform whatever cutting and patching is necessary to: 1.Complete the work. 2.Fit products together to integrate with other work. 3.Provide openings for penetration of mechanical,electrical,and other services. 4.Match work that has been cut to adjacent work. 5.Repair areas adjacent to cuts to required condition. 6.Repair new work damaged by subsequent work. 7.Remove samples of installed work for testing when requested. 8.Remove and replace defective and non-complying work. D.Execute work by methods that avoid damage to other work and that will provide appropriate surfaces to receive patching and finishing. In existing work,minimize damage and restore to original condition. E.Employ original installer to perform cutting for weather exposed and moisture resistant elements, and sight exposed surfaces. F.Cut rigid materials using masonry saw or core drill. Pneumatic tools not allowed without prior approval. G.Restore work with new products in accordance with requirements of Contract Documents. H.Fit work air tight to pipes,sleeves,ducts,conduit,and other penetrations through surfaces. I.At penetrations of fire rated walls,partitions,ceiling,or floor construction,completely seal voids with fire rated material in accordance with Section 07 84 00,to full thickness of the penetrated element. J.Patching: 1.Finish patched surfaces to match finish that existed prior to patching. On continuous surfaces,refinish to nearest intersection or natural break. For an assembly,refinish entire Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Execution and Closeout Requirements 01 70 00 - 4 unit. 2.Match color,texture,and appearance. 3.Repair patched surfaces that are damaged,lifted,discolored,or showing other imperfections due to patching work.If defects are due to condition of substrate,repair substrate prior to repairing finish. 3.06 PROGRESS CLEANING A.Maintain areas free of waste materials,debris,and rubbish. Maintain site in a clean and orderly condition. B.Remove debris and rubbish from pipe chases,plenums,attics,crawl spaces,and other closed or remote spaces,prior to enclosing the space. C.Broom and vacuum clean interior areas prior to start of surface finishing,and continue cleaning to eliminate dust. D.Collect and remove waste materials,debris,and trash/rubbish from site periodically and dispose off-site;do not burn or bury. 3.07 PROTECTION OF INSTALLED WORK A.Protect installed work from damage by construction operations. B.Provide special protection where specified in individual specification sections. C.Provide temporary and removable protection for installed products.Control activity in immediate work area to prevent damage. D.Provide protective coverings at walls,projections,jambs,sills,and soffits of openings. E.Protect finished floors,stairs,and other surfaces from traffic,dirt,wear,damage,or movement of heavy objects,by protecting with durable sheet materials. F.Prohibit traffic or storage upon waterproofed or roofed surfaces. If traffic or activity is necessary, obtain recommendations for protection from waterproofing or roofing material manufacturer. G.Remove protective coverings when no longer needed;reuse or recycle coverings if possible. 3.08 SYSTEM STARTUP A.Coordinate schedule for start-up of various equipment and systems. B.Verify that each piece of equipment or system has been checked for proper lubrication,drive rotation,belt tension,control sequence,and for conditions that may cause damage. C.Verify tests,meter readings,and specified electrical characteristics agree with those required by the equipment or system manufacturer. D.Verify that wiring and support components for equipment are complete and tested. E.Execute start-up under supervision of applicable Contractor personnel and manufacturer's representative in accordance with manufacturers'instructions. F.Submit a written report that equipment or system has been properly installed and is functioning correctly. 3.09 DEMONSTRATION AND INSTRUCTION A.Demonstrate start-up,operation,control,adjustment,trouble-shooting,servicing,maintenance, and shutdown of each item of equipment at scheduled time,at equipment location. B.For equipment or systems requiring seasonal operation,perform demonstration for other season within six months. C.Provide a qualified person who is knowledgeable about the Project to perform demonstration and instruction of Owner's personnel. 3.10 ADJUSTING A.Adjust operating products and equipment to ensure smooth and unhindered operation. 3.11 FINAL CLEANING Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Execution and Closeout Requirements 01 70 00 - 5 A.Use cleaning materials that are nonhazardous. B.Clean interior and exterior glass,surfaces exposed to view;remove temporary labels,stains and foreign substances,polish transparent and glossy surfaces, vacuum carpeted and soft surfaces. C.Remove all labels that are not permanent. Do not paint or otherwise cover fire test labels or nameplates on mechanical and electrical equipment. D.Clean equipment and fixtures to a sanitary condition with cleaning materials appropriate to the surface and material being cleaned. E.Clean filters of operating equipment. F.Clean debris from roofs,gutters,downspouts,and area drains. G.Clean site;sweep paved areas,rake clean landscaped surfaces. H.Remove waste,surplus materials,trash/rubbish,and construction facilities from the site;dispose of in legal manner;do not burn or bury. 3.12 CLOSEOUT PROCEDURES A.Make submittals that are required by governing or other authorities. 1.Provide copies to Architect and Owner. B.Accompany Project Coordinator on preliminary inspection to determine items to be listed for completion or correction in the Contractor's Correction Punch List for Contractor's Notice of Substantial Completion. C.Notify Architect when work is considered ready for Architect's Substantial Completion inspection. D.Submit written certification containing Contractor's Correction Punch List,that Contract Documents have been reviewed,work has been inspected,and that work is complete in accordance with Contract Documents and ready for Architect's Substantial Completion inspection. E.Conduct Substantial Completion inspection and create Final Correction Punch List containing Architect's and Contractor's comprehensive list of items identified to be completed or corrected and submit to Architect. F.Correct items of work listed in Final Correction Punch List and comply with requirements for access to Owner-occupied areas. G.Notify Architect when work is considered finally complete and ready for Architect's Substantial Completion final inspection. H.Complete items of work determined by Architect listed in executed Certificate of Substantial Completion. 3.13 MAINTENANCE A.Provide service and maintenance of components indicated in specification sections. B.Maintenance Period: As indicated in specification sections or,if not indicated,not less than one year from the Date of Substantial Completion or the length of the specified warranty,whichever is longer. C.Examine system components at a frequency consistent with reliable operation. Clean,adjust,and lubricate as required. D.Include systematic examination,adjustment,and lubrication of components. Repair or replace parts whenever required. Use parts produced by the manufacturer of the original component. E.Maintenance service shall not be assigned or transferred to any agent or subcontractor without prior written consent of the Owner. END OF SECTION 01 70 00 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Closeout Submittals 01 78 00 - 1 SECTION 01 78 00 CLOSEOUT SUBMITTALS PART 1 GENERAL 1.01 SECTION INCLUDES A.Operation and Maintenance Data. B.Warranties and bonds. 1.02 RELATED REQUIREMENTS A.Section 01 30 00 -Administrative Requirements: Submittals procedures,shop drawings,product data,and samples. B.Individual Product Sections: Specific requirements for operation and maintenance data. C.Individual Product Sections: Warranties required for specific products or Work. 1.03 SUBMITTALS A.Project Record Documents: Submit documents to Architect with claim for final Application for Payment. B.Operation and Maintenance Data: 1.Submit two copies of preliminary draft or proposed formats and outlines of contents before start of Work. Architect will review draft and return one copy with comments. 2.For equipment,or component parts of equipment put into service during construction and operated by Owner,submit completed documents within ten days after acceptance. 3.Submit one copy of completed documents 15 days prior to final inspection. This copy will be reviewed and returned after final inspection,with Architect comments. Revise content of all document sets as required prior to final submission. 4.Submit two sets of revised final documents in final form within 10 days after final inspection. C.Warranties and Bonds: 1.For equipment or component parts of equipment put into service during construction with Owner's permission,submit documents within 10 days after acceptance. 2.Make other submittals within 10 days after Date of Substantial Completion,prior to final Application for Payment. 3.For items of Work for which acceptance is delayed beyond Date of Substantial Completion, submit within 10 days after acceptance,listing the date of acceptance as the beginning of the warranty period. PART 2 PRODUCTS -NOT USED PART 3 EXECUTION 3.01 PROJECT RECORD DOCUMENTS A.Maintain on site one set of the following record documents;record actual revisions to the Work: 1.Drawings. 2.Specifications. 3.Addenda. 4.Change Orders and other modifications to the Contract. 5.Reviewed shop drawings,product data,and samples. 6.Manufacturer's instruction for assembly,installation,and adjusting. B.Ensure entries are complete and accurate,enabling future reference by Owner. C.Store record documents separate from documents used for construction. D.Record information concurrent with construction progress. E.Specifications: Legibly mark and record at each product section description of actual products installed,including the following: 1.Changes made by Addenda and modifications. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Closeout Submittals 01 78 00 - 2 F.Record Drawingsand Shop Drawings: Legibly mark each item to record actual construction including: 1.Measured horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. 2.Measured locations of internal utilities and appurtenances concealed in construction, referenced to visible and accessible features of the Work. 3.Field changes of dimension and detail. 4.Details not on original Contract drawings. 3.02 OPERATION AND MAINTENANCE DATA A.Source Data: For each product or system,list names,addresses and telephone numbers of Subcontractors and suppliers,including local source of supplies and replacement parts. B.Product Data: Mark each sheet to clearly identify specific products and component parts,and data applicable to installation. Delete inapplicable information. C.Drawings: Supplement product data to illustrate relations of component parts of equipment and systems,to show control and flow diagrams. Do not use Project Record Documents as maintenance drawings. D.Typed Text: As required to supplement product data. Provide logical sequence of instructions for each procedure,incorporating manufacturer's instructions. 3.03 OPERATION AND MAINTENANCE DATA FOR MATERIALS AND FINISHES A.For Each Product,Applied Material,and Finish: 1.Product data,with catalog number,size,composition,and color and texture designations. 2.Information for re-ordering custom manufactured products. B.Instructions for Care and Maintenance: Manufacturer's recommendations for cleaning agents and methods,precautions against detrimental cleaning agents and methods,and recommended schedule for cleaning and maintenance. C.Moisture protection and weather-exposed products: Include product data listing applicable reference standards,chemical composition,and details of installation. Provide recommendations for inspections,maintenance,and repair. D.Where additional instructions are required,beyond the manufacturer's standard printed instructions,have instructions prepared by personnel experienced in the operation and maintenance of the specific products. 3.04 OPERATION AND MAINTENANCE DATA FOR EQUIPMENT AND SYSTEMS A.For Each Item of Equipment and Each System: 1.Description of unit or system,and component parts. 2.Identify function,normal operating characteristics,and limiting conditions. 3.Include performance curves,with engineering data and tests. 4.Complete nomenclature and model number of replaceable parts. B.Where additional instructions are required,beyond the manufacturer's standard printed instructions,have instructions prepared by personnel experienced in the operation and maintenance of the specific products. C.Operating Procedures: Include start-up,break-in,and routine normal operating instructions and sequences. Include regulation,control,stopping,shut-down,and emergency instructions. Include summer,winter,and any special operating instructions. D.Maintenance Requirements: Include routine procedures and guide for preventative maintenance and trouble shooting;disassembly,repair,and reassembly instructions;and alignment,adjusting, balancing,and checking instructions. E.Provide servicing and lubrication schedule,and list of lubricants required. F.Include manufacturer's printed operation and maintenance instructions. G.Include sequence of operation by controls manufacturer. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Closeout Submittals 01 78 00 - 3 H.Provide original manufacturer's parts list,illustrations,assembly drawings,and diagrams required for maintenance. I.Provide control diagrams by controls manufacturer as installed. J.Provide charts of valve tag numbers,with location and function of each valve,keyed to flow and control diagrams. K.Provide list of original manufacturer's spare parts,current prices,and recommended quantities to be maintained in storage. L.Include test and balancing reports. M.Additional Requirements: As specified in individual product specification sections. 3.05 ASSEMBLY OF OPERATION AND MAINTENANCE MANUALS A.Assemble operation and maintenance data into durable manuals for Owner's personnel use,with data arranged in the same sequence as,and identified by,the specification sections. B.Where systems involve more than one specification section,provide separate tabbed divider for each system. C.Binders: Commercial quality,8-1/2 by 11 inch three D side ring binders with durable plastic covers;3 inch maximum ring size. When multiple binders are used,correlate data into related consistent groupings. D.Cover: Identify each binder with typed or printed title OPERATION AND MAINTENANCE INSTRUCTIONS;identify title of Project;identify subject matter of contents. E.Project Directory: Title and address of Project;names,addresses,and telephone numbers of Architect,Consultants,Contractor and subcontractors,with names of responsible parties. F.Tables of Contents: List every item separated by a divider,using the same identification as on the divider tab;where multiple volumes are required,include all volumes Tables of Contents in each volume,with the current volume clearly identified. G.Dividers: Provide tabbed dividers for each separate product and system;identify the contents on the divider tab;immediately following the divider tab include a description of product and major component parts of equipment. H.Text: Manufacturer's printed data,or typewritten data on 20 pound paper. I.Drawings: Provide with reinforced punched binder tab. Bind in with text;fold larger drawings to size of text pages. J.Provide a PDF copy,properly bookmarked as well. 3.06 WARRANTIES AND BONDS A.Obtain warranties and bonds,executed in duplicate by responsible Subcontractors,suppliers,and manufacturers,within 10 days after completion of the applicable item of work. Except for items put into use with Owner's permission,leave date of beginning of time of warranty until Date of Substantial completion is determined. B.Verify that documents are in proper form,contain full information,and are notarized. C.Co-execute submittals when required. D.Retain warranties and bonds until time specified for submittal. E.Table of Contents: Neatly typed,in the sequence of the Table of Contents of the Project Manual, with each item identified with the number and title of the specification section in which specified, and the name of product or work item. END OF SECTION 01 78 00 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Facility Natural-Gas Piping 23 11 23 - 1 SECTION 23 11 23 FACILITY NATURAL-GAS PIPING PART 1 GENERAL 1.01 SECTION INCLUDES A.Pipe,pipe fittings,valves,and connections for natural gas piping systems. 1.02 REFERENCE STANDARDS A.ANSI Z21.18/CSA 6.3 -Gas Appliance Pressure Regulators;2019. B.ANSI Z21.80/CSA 6.22 -Line Pressure Regulators;2019. C.ASME BPVC-IX -Boiler and Pressure Vessel Code,Section IX -Qualification Standard for Welding,Brazing,and Fusing Procedures;Welders;Brazers;and Welding,Brazing,and Fusing Operators;2021. D.ASME B16.3 -Malleable Iron Threaded Fittings:Classes 150 and 300;2021. E.ASME B31.1 -Power Piping;2020. F.ASME B31.9 -Building Services Piping;2020. G.ASTM A53/A53M -Standard Specification for Pipe,Steel,Black and Hot-Dipped,Zinc-Coated, Welded and Seamless;2020. H.ASTM A123/A123M -Standard Specification for Zinc (Hot-Dip Galvanized)Coatings on Iron and Steel Products;2017. I.ASTM A234/A234M -Standard Specification for Piping Fittings of Wrought Carbon Steel and Alloy Steel for Moderate and High Temperature Service;2019. J.MSS SP-78 -Gray Iron Plug Valves,Flanged and Threaded Ends;2011. K.MSS SP-110 -Ball Valves Threaded,Socket-Welding,Solder Joint,Grooved and Flared Ends; 2010,with Errata . 1.03 SUBMITTALS A.Product Data: Provide data on pipe materials,pipe fittings,valves,and accessories. Provide manufacturers catalog information. Indicate valve data and ratings. B.Welders'Certificates: Submit certification of welders'compliance with ASME BPVC-IX. C.Shop Drawings: For non-penetrating rooftop supports,submit detailed layout developed for this project,with design calculations for loadings and spacings. 1.04 QUALITY ASSURANCE A.Perform work in accordance with applicable codes. B.Valves: Manufacturer's name and pressure rating marked on valve body. C.Welding Materials and Procedures: Comply with ASME BPVC-IX and applicable state labor regulations. D.Identify pipe with marking including size,ASTM material classification,and ASTM specification. 1.05 DELIVERY,STORAGE,AND HANDLING A.Accept valves on site in shipping containers with labeling in place. Inspect for damage. B.Provide temporary protective coating on cast iron and steel valves. C.Provide temporary end caps and closures on piping and fittings. Maintain in place until installation. D.Protect piping systems from entry of foreign materials by temporary covers,completing sections of the work,and isolating parts of completed system. PART 2 PRODUCTS 2.01 NATURAL GAS PIPING,ABOVE GRADE A.Steel Pipe: ASTM A53/A53M,Schedule 40 black. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Facility Natural-Gas Piping 23 11 23 - 2 1.Fittings: ASME B16.3,malleable iron,or ASTM A234/A234M,wrought steel welding type. 2.Joints: Threaded (2 inch and under only)or welded to ASME B31.1. 2.02 FLANGES,UNIONS,AND COUPLINGS A.Unions for Pipe Sizes 2 Inches and Under: 1.Ferrous pipe: Class 150 malleable iron threaded unions. B.Flanges for Pipe Size Over 2 Inch: 1.Ferrous Pipe: Class 150 forged steel slip-on flanges;preformed neoprene gaskets. C.Dielectric Connections: Union with galvanized or plated steel threaded end,copper solder end, water impervious isolation barrier. 2.03 PIPE HANGERS AND SUPPORTS A.Provide hangers and supports that comply with MSS SP-58. 1.If type of hanger or support for a particular situation is not indicated,select appropriate type using MSS SP-58 recommendations. 2.Pipe Hangers for Hot and Chilled Water 6"and smaller:Cooper B3100,Anvil Fig.260,or equivalent. 3.Hangers for Hot Pipe 8"and larger:Adjustable steel yoke,cast iron roll,double hanger. Cooper B3110,Anvil Fig.181,or equivalent. 4.Riser Clamps:Cooper B3373,Anvil Fig.40,or equivalent. 5.Beam Clamps:Cooper B3050,Anvil Fig.134,or equivalent. 6.Offset Clamps:Cooper B3148,Anvil Fig.103,or equivalent. 7.Ceiling Plate:Cooper B3199,Anvil Fig.610,or equivalent. 8.Wall Brackets:Cooper B3067,Anvil Fig.199,or equivalent. 9.Rod Ceiling Plate:Cooper,Anvil Fig.610,or equivalent. 10.Concrete Inserts:Cooper B2500,Anvil Fig.95 or equivalent. 11.Multiple or Trapeze Hangers: Steel channels with welded spacers and hanger rods. 12.Rooftop Supports for Low-Slope Roofs: Steel pedestals with bases that rest on top of roofing membrane,not requiring any attachment to the roof structure and not penetrating the roofing assembly,with support fixtures as specified;and as follows: a.Bases: High density polypropylene. b.Base Sizes: As required to distribute load sufficiently to prevent indentation of roofing assembly. c.Steel Components: Stainless steel,or carbon steel hot-dip galvanized after fabrication in accordance with ASTM A123/A123M. d.Attachment/Support Fixtures: As recommended by manufacturer,same type as indicated for equivalent indoor hangers and supports;corrosion resistant material. e.Height: Provide minimum clearance of 6 inches under pipe to top of roofing. f.Manufacturers: 1)PHP Systems/Design 2)Caddy 3)Miro 2.04 BALL VALVES A.Manufacturers: 1.Conbraco Industries,Inc 2.Grinnell Products,a Tyco Business 3.Milwaukee Valve Company 4.Nibco,Inc 5.Viega LLC 6.Apollo B.Construction,4 Inches and Smaller: MSS SP-110,Class 150,400 psi CWP,bronze or ductile iron body,304 stainless steel ball,regular port,Teflon seats and stuffing box ring,blow-out proof stem, lever handle with balancing stops,threaded or grooved ends with union. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Facility Natural-Gas Piping 23 11 23 - 3 2.05 PLUG VALVES A.Construction 2-1/2 Inches and Larger: MSS SP-78,175 psi CWP,cast iron body and plug, pressure lubricated,Teflon or Buna N packing,flanged or grooved ends. Provide lever operator with set screw. 2.06 STRAINERS A.Manufacturers: 1.Armstrong International,Inc 2.Green Country Filter Manufacturing 3.WEAMCO 4.Or Approved Equal B.Size 2 inch and Under: 1.Threaded brass body for 175 psi CWP,Y pattern with 1/32 inch stainless steel perforated screen. 2.Class 150,threaded bronze body 300 psi CWP,Y pattern with 1/32 inch stainless steel perforated screen. C.Size 1-1/2 inch to 4 inch: 1.Class 125,flanged iron body,Y pattern with 1/16 inch stainless steel perforated screen. 2.07 LINE PRESSURE REGULATORS AND APPLIANCE REGULATORS INDICATORS A.Manufacturers: 1.Actaris Metering Systems (A brand of ITT Controls) 2.Dungs Combustion Controls 3.Maxitrol Company 4.Pietro Fiorentini 5.Or Approved Equal B.Compliance Requirements: 1.Appliance Regulator: ANSI Z21.18/CSA 6.3. 2.Line Pressure Regulator: ANSI Z21.80/CSA 6.22. C.Materials in Contact With Gas: 1.Housing: Aluminum,steel (free of non-ferrous metals). 2.Seals and Diaphragms: NBR-based rubber. D.Maximum Inlet Operating Pressure: 10 psi. 1.Appliance Regulator: 10 psi. 2.Line Pressure Regulator: 10 psi. E.Maximum Body Pressure: 10 psi. F.Output Pressure Range: 1 inch wc to 80 inch wc. PART 3 EXECUTION 3.01 PREPARATION A.Ream pipe and tube ends. Remove burrs.Bevel plain end ferrous pipe. B.Remove scale and dirt,on inside and outside,before assembly. C.Prepare piping connections to equipment with flanges or unions. 3.02 INSTALLATION A.Install in accordance with manufacturer's instructions. B.Provide non-conducting dielectric connections wherever jointing dissimilar metals. C.Route piping in orderly manner and maintain gradient. Route parallel and perpendicular to walls. D.Install piping to maintain headroom,conserve space,and not interfere with use of space. E.Group piping whenever practical at common elevations. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Facility Natural-Gas Piping 23 11 23 - 4 F.Provide clearance in hangers and from structure and other equipment for installation of insulation and access to valves and fittings. G.Where pipe support members are welded to structural building framing,scrape,brush clean,and apply one coat of zinc rich primer to welding. H.Install valves with stems upright or horizontal,not inverted. I.Pipe vents from gas pressure reducing valves to outdoors and terminate in weather proof hood. J.Sleeve pipes passing through partitions,walls and floors. K.Inserts: 1.Where concrete slabs form finished ceiling,locate inserts flush with slab surface. 2.Where inserts are omitted,drill through concrete slab from below and provide through-bolt with recessed square steel plate and nut above slab. L.Pipe Hangers and Supports: 1.Install in accordance with ASME B31.9. 2.Place hangers within 12 inches of each horizontal elbow. 3.Prime coat exposed steel hangers and supports. Hangers and supports located in crawl spaces,pipe shafts,and suspended ceiling spaces are not considered exposed. 3.03 TESTING A.All gas piping systems shall be tested in strict accordance with the National Fire Protection Association's National Fuel Gas Code NFPA54,and the State Building Code. B.All gas piping system shall be air tested at 50 psi for a period of not less than four (4)hours without loss of pressure. Any leaks that occur shall be repaired and another test started. All joints shall be checked for leaks with a water-soap solution. Where leaks are found,the joint shall be re-made. The piping shall then be put back under pressure and shall hold for four (4)straight hours. 3.04 APPLICATION A.Install unions downstream of valves and at equipment or apparatus connections. B.Install brass male adapters each side of valves in copper piped system. Solder adapters to pipe. C.Install ball valves for shut-off and to isolate equipment,part of systems,or vertical risers. 3.05 SCHEDULES A.Pipe Hanger Spacing: 1.Metal Piping: a.Pipe Size: 1/2 inches to 1-1/4 inches: 1)Maximum Hanger Spacing: 6.5 ft. 2)Hanger Rod Diameter: 3/8 inches. b.Pipe Size: 1-1/2 inches to 2 inches: 1)Maximum Hanger Spacing: 10 ft. 2)Hanger Rod Diameter: 3/8 inch. c.Pipe Size: 2-1/2 inches to 3 inches: 1)Maximum Hanger Spacing: 10 ft. 2)Hanger Rod Diameter: 1/2 inch. d.Pipe Size: 4 inches to 6 inches: 1)Maximum Hanger Spacing: 10 ft. END OF SECTION 23 11 23 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Electrical General Provisions 26 01 00 - 1 SECTION 26 01 00 ELECTRICAL GENERAL PROVISIONS PART 1 GENERAL 1.01 SCOPE OF WORK A.This Contractor shall provide all materials,equipment and labor necessary to install and set into operation the electrical equipment as shown on the Engineering Drawings and as contained herein. 1.02 QUALITY ASSURANCE A.See the General and Supplementary General Conditions and Architectural Divisions. B.All work shall be in accordance with the North Carolina State Building Code,which includes the 2020 edition of the National Electrical Code. C.The Contractor shall be responsible for obtaining all permits and shall notify inspection departments as work progresses. D.Wherever the words "Approved","Approval",and "Approved Equal"appear,it is intended that items other than the model numbers specified shall be subject to the approval of the Engineer. E."Provide"as used herein shall mean that the Contractor responsible shall furnish and install said item or equipment.“Furnish"as used herein shall mean that the Contractor responsible shall acquire and make available said item or equipment and that installation shall be by others. "Install" as used herein shall mean that the Contractor responsible shall make installation of items or equipment furnished by others. F.All personnel under this Contractor’s supervision shall be qualified to perform those portions of the work assigned to them. Personnel (including project managers)deemed to be negative to the overall success of the project shall be removed from the project and replaced with qualified personnel who will be positive for the project. Upon written notification that particular personnel have been deemed negative to the overall success of the project,this Contractor shall immediately replace such particular personnel. The engineer shall be sole arbiter and any decision regarding fitness of this Contractor’s personnel for this project shall not be subject to appeal. 1.03 SUBMITTALS A.See General and Supplementary General Conditions and Division 1. B.Within ten (10)days after notification of the award of the Contract and written notice to begin work, the Contractor shall submit for approval to the Architect/Engineer a detailed list of equipment and material which he proposes to use. C.The Contractor shall provide an electronic pdf copy of the submittal data on the products,methods, etc.proposed for use on the project. The submittal shall contain complete submittal data on all products,methods,etc.proposed for use on the project. D.Each submittal shall bear the approval of the Contractor indicating that he has reviewed the data and found it to meet the requirements of the specifications as well as space limitations and other project conditions. The submittals shall be clearly identified showing project name,manufacturer's catalog number and all necessary performance and fabrication data. Detailed submittal data shall be provided when items are to be considered as substitution for specified items. Acceptance for approval shall be in writing from the Engineer. E.The Contractor shall submit to the Engineer a set of accurately marked-up plans indicating all changes encountered during the construction. Final payment will be contingent on receipt of these as-built plans. F.The Contractor shall furnish an electronic copy of maintenance and operating instructions. G.The Contractor shall submit to the Engineer a duplicate set of final electrical inspection certificates prior to final payment. 1.04 PRODUCT DELIVERY,STORAGE AND HANDLING Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Electrical General Provisions 26 01 00 - 2 A.All material and equipment shall be delivered and unloaded by the Contractor within the project site as noted herein or as directed by the Owner. B.The Contractor shall protect all material and equipment from breakage,theft or weather damage. No material or equipment shall be stored on the ground. C.The material and equipment shall remain the property of the Contractor until the project has been completed and turned over to the Owner. D.Where equipment cannot be stored at the site due to exposure to the elements or lack of storage space ,the contractor shall store all equipment in a bonded warehouse until the time of installation. 1.05 WORK CONDITIONS AND COORDINATION A.The Contractor shall review the entire set of plans to establish points of connection and the extent of electrical work to be provided in his Contract. B.The contractor is responsible for reviewing the complete set of contract documents.Coordinate all phasing requirements with architectural drawings.Coordinate equipment locations and utility routing with all trades to ensure code compliance and constructibility. C.This Contractor shall be responsible for all electrical work and make final connections to equipment installed in his Contract. D.Pipe,conduit and duct chases required for installation of work shall be provided by the General Contractor unless otherwise noted. This Contractor shall be responsible for coordinating the location of all required chases. E.All work shall be coordinated with other trades. Cutting of new work and subsequent patching shall be approved by Architect/Engineer and shall be at the Contractor's expense with no extra cost to the Owner. 1.06 GUARANTEE A.See the General and Supplementary General Conditions. B.Where extended warranties or guarantees are available from the manufacturer,the Contractor shall prepare the necessary Contract Documents to validate these warranties as required by the manufacturer and present them to the Architect/Engineer. PART 2 PRODUCTS 2.01 MATERIAL QUALITY A.Material and equipment shall be new,unless noted otherwise,of the highest grade and quality and free from defects or other imperfections. Material and equipment found defective shall be removed and replaced at the Contractor's expense. 2.02 EQUIPMENT LISTINGS A.All materials and equipment shall be third party listed by an agency accredited by the NCBCC and NC Department of Insurance (NC DOI).The list of accredited agencies may be obtained on NCDOI's web site. PART 3 EXECUTION 3.01 INSPECTION A.If any part of this Contractor's work is dependent for its proper execution or for its subsequent efficiency or appearance on the character or conditions of contiguous work not executed by him, the Contractor shall examine and measure such contiguous work and report to the Architect or Engineer in writing any imperfection therein,or conditions that render it unsuitable for the reception of this work. Should the Contractor proceed without making such written report,he shall be held to have accepted such work and the existing conditions and he shall be responsible for any defects in this work consequent hereon and will not be relieved of the obligation of any guarantee because of any such imperfection or condition. B.After the designer pre-final inspection and confirmation that the final punch list items have been completed.The contractor shall schedule a final electrical inspection with the local inspections office. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Electrical General Provisions 26 01 00 - 3 3.02 INSTALLATION A.All work shall be performed in a manner indicating proficiency in the trade. B.All conduit,pipes,ducts,etc.,shall be either parallel to building walls or plumb where installed in a vertical position and shall be concealed when located in architecturally finished areas. C.Any cutting or patching required for installation of this Contractor's work shall be kept to a minimum. Written approval shall be required by the Architect/Engineer if cutting of primary structure is involved. D.All patching shall be done in such a manner as to restore the areas or surfaces to match existing finishes. E.The Contractor shall lay-out and install his work in advance of pouring concrete floors or walls. He shall furnish and install all sleeves or openings through poured masonry floors or walls above grade required for passage of all conduits,pipes or duct installed by him. The Contractor shall furnish and install all inserts and hangers required to support his equipment. F.The Contractor shall be responsible for removing all spray-on fireproofing overspray from all equipment,light fixtures,and all other materials provided as part of the electrical contract. 3.03 PERFORMANCE A.The Contractor shall perform all excavation and backfill operations necessary for installation of his work. B.Rock excavation shall be defined in the Supplementary General Conditions,Division 1 or Division 2. Unless specifically stated,neither rock excavation nor a unit price for rock excavation shall be required in the bid. 3.04 ERECTION A.All support steel,angles,channels,pipes or structural steel stands and anchoring devices that may be required to rigidly support or anchor material and equipment shall be provided by this Contractor. 3.05 FIELD QUALITY CONTROL A.The Contractor shall conform to the requirements of Division 3 for concrete testing. B.The Contractor shall test his entire installation and shall furnish the labor and materials required for these tests. Tests shall be performed in accordance with the requirements of the particular section of the specifications and in accordance with the requirements of the State Ordinances and Codes, and the National Electrical Code. The Contractor shall notify the Architect or Engineer of his readiness for such test. A final inspection by the Electrical Inspector or Local Authority Having Jurisdiction is required,and an inspection certificate is required prior to authorization of final payment. C.Testing required for compliance with the Contract shall be stated in subsequent sections. D.All tests specified shall be completely documented indicating time of day,date,temperature and all other pertinent test information including the entity conducting the test. E.All required documentation of readings required by each test shall be submitted to the Engineer prior to,and as one of the prerequisites for,final acceptance of the project. 3.06 ADJUST AND CLEAN A.All equipment and installed materials shall be thoroughly clean and free of all dirt,oil,grit,grease, etc. B.Factory painted equipment shall not be repainted unless damaged areas exist. These areas shall be touched up with a material suitable for the intended service. In no event shall nameplates be painted. C.At a scheduled meeting,the Contractor shall instruct the Owner or the Owner's representative in the operation and maintenance of all equipment installed under his Contract (in the presence of the Engineer). Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Electrical General Provisions 26 01 00 - 4 3.07 MAINTENANCE AND OPERATING MANUAL A.The Contractor shall prepare an electronic submission of a manual describing the proper maintenance and system operation. This manual shall not consist of standard factory printed data intended for dimension or design purposes (although these may be included),but shall be prepared to describe this particular job. This manual shall include the following: B.Data on all equipment as listed on the fixture and equipment schedules on the plans.Also data on all conduit,wiring,grounding,ATS,generator,etc.that are applicable for the project. C.Warranties as required for each product. D.A check list for periodic maintenance of all equipment requiring maintenance.(i.e.,Generator, ATS,etc.) E.Maintenance and spare parts data for all equipment. F.As-Built wiring for equipment containing field wired systems.(i.e.,Generator,ATS,etc.) G.The manuals shall be dated and signed by the Contractor when completed. H.The operating and maintenance manuals shall be submitted to the Engineer for approval. When the manuals are considered complete by the Engineer,they will be turned over to the Owner for their permanent use. END OF SECTION 26 01 00 26 01 00 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Electrical Demolition 26 05 05 - 1 SECTION 26 05 05 ELECTRICAL DEMOLITION PART 1 GENERAL 1.01 SECTION INCLUDES A.Electrical demolition. PART 2 PRODUCTS 2.01 MATERIALS AND EQUIPMENT A.Materials and equipment for patching and extending work. PART 3 EXECUTION 3.01 EXAMINATION A.Verify field measurements and circuiting arrangements are as indicated. B.Report discrepancies to Architect before disturbing existing installation. 3.02 PREPARATION A.Disconnect electrical systems in walls,floors,and ceilings to be removed. B.Coordinate utility service outages with utility company. C.Provide temporary wiring and connections to maintain existing systems in service during construction. When work must be performed on energized equipment or circuits,use personnel experienced in such operations. D.Existing Electrical Service: Maintain existing system in service until new system is complete and ready for service. Disable system only to make switchovers and connections. Minimize outage duration. 1.Obtain permission from Owner at least 48 hours before de-energizing system. E.Fire alarm system shall be maintained to all occupied portions of the building. 1.Notify Owner and Fire Marshall a least 48 hours before partially or completely disabling system. 2.If the Fire alarm system cannot be maintained in the occupied portion of the building contractor shall provide a fire watch in accordance with NFPA 72 and local authority requirements. 3.03 DEMOLITION AND EXTENSION OF EXISTING ELECTRICAL WORK A.Perform work for removal and disposal of equipment and materials containing toxic substances regulated under the Federal Toxic Substances Control Act (TSCA)in accordance with applicable federal,state,and local regulations.Lamps are to be disposed of in accordance with NC G.S. 130A -310.60.Applicable equipment and materials include,but are not limited to: 1.PCB-containing electrical equipment,including transformers,capacitors,and switches. 2.PCB-and DEHP-containing lighting ballasts. 3.Mercury-containing lamps and tubes,including fluorescent lamps,high intensity discharge (HID),arc lamps,ultra-violet,high pressure sodium,mercury vapor,ignitron tubes,neon,and incandescent. B.Remove,relocate,and extend existing installations to accommodate new construction. C.Remove abandoned wiring to source of supply. D.Remove exposed abandoned conduit,including abandoned conduit above accessible ceiling finishes. Where conduit cannot be removed from floors or walls,cut conduit flush with walls and floors,and patch surfaces. E.Disconnect abandoned outlets and remove devices. Remove abandoned outlets if conduit servicing them is abandoned and removed. Provide blank cover for abandoned outlets that are not removed. F.Repair adjacent construction and finishes damaged during demolition and extension work. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Electrical Demolition 26 05 05 - 2 G.Maintain access to existing electrical installations that remain active. Modify installation or provide access panel as appropriate. H.Remove all devices from walls or ceilings shown to be removed on the Architectural drawings wether shown on the electrical demolition plans or not. I.Where existing downstream devices are to remain,extend existing branch circuit conduit and conductors to maintain service. 3.04 CLEANING AND REPAIR A.Clean and repair existing materials and equipment that remain or that are to be reused. END OF SECTION 26 05 05 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Power Conductors and Cables 26 05 19 - 1 SECTION 26 05 19 POWER CONDUCTORS AND CABLES PART 1 GENERAL 1.01 SECTION INCLUDES A.Single conductor building wire. B.Underground feeder and branch-circuit cable. C.Wiring connectors. D.Electrical tape. E.Oxide inhibiting compound. F.Wire pulling lubricant. 1.02 REFERENCE STANDARDS A.ASTM B3 -Standard Specification for Soft or Annealed Copper Wire;2013 (Reapproved 2018). B.ASTM B8 -Standard Specification for Concentric-Lay-Stranded Copper Conductors,Hard, Medium-Hard,or Soft;2011 (Reapproved 2017). C.ASTM B33 -Standard Specification for Tin-Coated Soft or Annealed Copper Wire for Electrical Purposes;2010,with Editorial Revision (2020). D.ASTM B787/B787M -Standard Specification for 19 Wire Combination Unilay-Stranded Copper Conductors for Subsequent Insulation;2004 (Reapproved 2020). E.NFPA 70 -National Electrical Code;National Fire Protection Association,Including All Applicable Amendments and Supplements;2020. 1.03 SUBMITTALS A.Product Data: Provide manufacturer's standard catalog pages and data sheets for conductors and cables,including detailed information on materials,construction,ratings,listings,and available sizes,configurations,and stranding. B.Field Quality Control Test Reports. C.Manufacturer's Installation Instructions: Indicate application conditions and limitations of use stipulated by product testing agency.Include instructions for storage,handling,protection, examination,preparation,and installation of product. D.Project Record Documents: Record actual installed circuiting arrangements.Record actual routing of exterior below grade conduit and associated hand holes or man holes.. E.Maintenance Materials: Furnish the following for Owner's use in maintenance of project. 1.04 QUALITY ASSURANCE A.Comply with requirements of NFPA 70. B.Manufacturer Qualifications: Company specializing in manufacturing the products specified in this section with minimum five years documented experience. C.Product Listing Organization Qualifications: Third party agencies shall be amongst those accredited by the NCBCC (North Carolina Building Code Council)to label Electrical and Mechanical Equipment. 1.05 DELIVERY,STORAGE,AND HANDLING A.Receive,inspect,handle,and store conductors and cables in accordance with manufacturer's instructions. 1.06 FIELD CONDITIONS A.Do not install or otherwise handle thermoplastic-insulated conductors at temperatures lower than 14 degrees F,unless otherwise permitted by manufacturer's instructions.When installation below this temperature is unavoidable,notify Architect and obtain direction before proceeding with work. PART 2 PRODUCTS Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Power Conductors and Cables 26 05 19 - 2 2.01 CONDUCTOR AND CABLE APPLICATIONS A.Do not use conductors and cables for applications other than as permitted by NFPA 70 and product listing. B.Provide single conductor building wire installed in suitable raceway unless otherwise indicated, permitted,or required. C.Nonmetallic-sheathed cable is not permitted. D.Service entrance cable is not permitted. 2.02 CONDUCTOR AND CABLE GENERAL REQUIREMENTS A.Provide products that comply with requirements of NFPA 70. B.Provide products listed,classified,and labeled as suitable for the purpose intended. C.All conductors shall be labeled two feet on centers indicating size,type,voltage,rating,and manufacturer's name. D.Provide new conductors and cables manufactured not more than one year prior to installation. E.Unless specifically indicated to be excluded,provide all required conduit,boxes,wiring, connectors,etc.as required for a complete operating system. F.Comply with NEMA WC 70. G.Conductor Material: 1.Provide copper conductors only.Substitution of aluminum conductors for copper is not permitted. Conductor sizes indicated are based on copper. 2.Copper Conductors: Soft drawn annealed,98 percent conductivity,uncoated copper conductors. H.Minimum Conductor Size:12 AWG. I.Maximum Conductor Size:500 kcmil J.Conductors for branch circuits shall be sized to prevent a voltage drop exceeding three percent (3%)at the farthest outlet of power,heating and lighting loads,or any combination of such loads. The maximum total voltage drop on both feeders and branch circuits to the farthest outlet shall not exceed five percent (5%). 1.Where the branch circuit conductor length from the panel to the first outlet on a 277 volt circuit exceeds 125 feet,the branch circuit conductors from the panel to the first outlet shall not be smaller than #10 AWG. Increase the branch circuit conductor size an additional wire size for reach 125’of additional length of the entire circuit. The ground conductor size shall be increased proportionately to the increase in the phase conductors per 2020 NEC 250.122(B). 2.Where the conductor length from the panel to the first outlet on a 120 volt circuit exceeds 50 feet,the branch circuit conductors from the panel to the first outlet shall not be smaller than #10 AWG. Increase the branch circuit conductor size an additional wire size for reach 100’of additional length of the entire circuit. The ground conductor size shall be increased proportionately to the increase in the phase conductors per 2020 NEC 250.122(B). K.Conductor Color Coding: 1.Color code conductors as indicated unless otherwise required by the authority having jurisdiction. Maintain consistent color coding throughout project. 2.Color Coding Method: a.Conductors #10 AWG and smaller shall be factory color coded. b.Conductors #3 and larger shall be factory color coded on the entire length. 3.Color Code: a.208Y/120 V,3 Phase,4 Wire System: 1)Phase A: Black. 2)Phase B: Red. 3)Phase C: Blue. 4)Neutral/Grounded: White. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Power Conductors and Cables 26 05 19 - 3 b.240/120 V,1 Phase,3 Wire System: 1)Phase A: Black. 2)Phase B: Red. 3)Neutral/Grounded: White. c.Equipment Ground,All Systems: Green. 2.03 BUILDING WIRE A.Approved Manufacturers as listed below or approved equal: 1.Copper Building Wire: a.Triangle b.Okonite c.Houston Wire and Cable d.or approved equal B.Description: Single conductor insulated wire. C.Conductor Stranding: 1.Feeders and Branch Circuits: a.Size 10 AWG and Smaller: Solid. b.Size 8 AWG and Larger: Class B Stranded. D.Insulation Voltage Rating: 600 V. E.Insulation: 1.Copper Building Wire: Type THHN/THWN or XHHW-2. 2.Conductors routed on roofs or other exterior surface where raceway is exposed to direct sunlight shall be type XHHW-2 insulation. 3.Aluminum Building Wire (only where specifically indicated or permitted for substitution): Type XHHW-2. 2.04 WIRING CONNECTORS A.Description: Wiring connectors appropriate for the application,suitable for use with the conductors to be connected,and listed as complying with UL 486A-486B or UL 486C as applicable. B.Connectors for Grounding and Bonding: Comply with Section 26 05 26. C.Wiring Connectors for Splices and Taps: 1.Splices or taps shall not be allowed for feeder conductors unless specifically noted on plans. 2.Where a splice or tap for feeder conductors is noted on the plans,connectors shall be Blackburn insulated multi-tap or approved equal. 3.Splices in branch circuit conductors shall be allowed in accessible junction boxes,troughs,or gutters. a.Copper Conductors #10 AWG and smaller: Use twist-on insulated spring connectors. b.Copper Conductors #8 AWG and larger: Use mechanical connectors with gum rubber tape or friction tape.Solderless mechanical connectors with UL listed insulating covers may be used at contractor's option. 4.Use of split bolts is not allowed. 5."Sta-kon"or other permanent type crimp connectors shall not be used for branch circuit connections. D.Wiring Connectors for Terminations: 1.Provide terminal lugs for connecting conductors to equipment furnished with terminations designed for terminal lugs. 2.Provide compression adapters for connecting conductors to equipment furnished with mechanical lugs when only compression connectors are specified. 3.Where over-sized conductors are larger than the equipment terminations can accommodate, provide connectors suitable for reducing to appropriate size,but not less than required for the rating of the overcurrent protective device. E.Twist-on Insulated Spring Connectors: Rated 600 V,221 degrees F for standard applications and 302 degrees F for high temperature applications;pre-filled with sealant and listed as complying Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Power Conductors and Cables 26 05 19 - 4 with UL 486D for damp and wet locations. 2.05 ACCESSORIES A.Electrical Tape: 1.Vinyl Color Coding Electrical Tape: Integrally colored to match color code indicated;listed as complying with UL 510;minimum thickness of 7 mil;resistant to abrasion,corrosion,and sunlight;suitable for continuous temperature environment up to 221 degrees F. a.Product: Okonite 2000 or approved equal. 2.Vinyl Insulating Electrical Tape: Complying with ASTM D3005 and listed as complying with UL 510;minimum thickness of 7 mil;resistant to abrasion,corrosion,and sunlight; conformable for application down to 0 degrees F and suitable for continuous temperature environment up to 221 degrees F. B.Wire Pulling Lubricant: Listed;suitable for use with the conductors or cables to be installed and suitable for use at the installation temperature. PART 3 EXECUTION 3.01 EXAMINATION A.Verify that interior of building has been protected from weather. B.Verify that work likely to damage wire and cable has been completed. C.Verify that raceways,boxes,and equipment enclosures are installed and are properly sized to accommodate conductors and cables in accordance with NFPA 70. D.Verify that field measurements are as indicated. E.Verify that conditions are satisfactory for installation prior to starting work. 3.02 PREPARATION A.Clean raceways thoroughly to remove foreign materials before installing conductors and cables. 3.03 INSTALLATION A.Circuiting Requirements: 1.Circuit routing indicated is diagrammatic. 2.Maintain separation of Class 1,Class 2,and Class 3 remote-control,signaling,and power- limited circuits in accordance with NFPA 70. 3.Maintain separation of wiring for emergency systems in accordance with NFPA 70. 4.Common Neutrals: Unless otherwise indicated,sharing of neutral/grounded conductors among up to three single phase branch circuits of different phases installed in the same raceway is not permitted. Provide dedicated neutral/grounded conductor for each individual branch circuit. 5.A dedicated green equipment grounding conductor shall be provided for all raceways containing branch circuit or feeder conductors.Equipment ground conductor shall be sized in accordance with the NEC. B.Install products in accordance with manufacturer's instructions. C.Install conductors and cable in a neat and workmanlike manner.Neatly train and lace wiring inside boxes,equipment,and panelboards. D.Installation in Raceway: 1.Tape ends of conductors and cables to prevent infiltration of moisture and other contaminants. 2.Pull all conductors and cables together into raceway at same time. 3.Do not damage conductors and cables or exceed manufacturer's recommended maximum pulling tension and sidewall pressure. 4.Use suitable wire pulling lubricant for conductors #4 AWG or larger,except when lubricant is not recommended by the manufacturer. E.Paralleled Conductors: Install conductors of the same length and terminate in the same manner. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Power Conductors and Cables 26 05 19 - 5 F.Secure and support conductors and cables in accordance with NFPA 70 using suitable supports and methods approved by the authority having jurisdiction. Provide independent support from building structure. Do not provide support from raceways,piping,ductwork,or other systems. G.Install conductors with a minimum of 12 inches of slack at each outlet. H.Neatly train conductors inside boxes,wireways,panelboards and other equipment enclosures. Condcutors shall not be laced or bundled to avoid overheating. I.Group or otherwise identify neutral/grounded conductors with associated ungrounded conductors inside enclosures in accordance with NFPA 70. J.Make wiring connections using specified wiring connectors. 1.Remove appropriate amount of conductor insulation for making connections without cutting, nicking or damaging conductors. 2.Do not remove conductor strands to facilitate insertion into connector. 3.Clean contact surfaces on conductors and connectors to suitable remove corrosion,oxides, and other contaminates.Do not use wire brush on plated connector surfaces. K.Insulate ends of spare conductors using vinyl insulating electrical tape. L.Unless specifically indicated to be excluded,provide final connections to all equipment and devices,including those furnished by others,as required for a complete operating system. 3.04 FIELD QUALITY CONTROL A.All tests shall be completely documented indicating time of day,date,temperature and all pertinent test information.All required documentation shall be submitted to the Engineer prior to,and as a prerequisite for,final acceptance of the project.All test results shall be included in the Owner's operation and maintenance manual. B.Inspect and test in accordance with NETA ATS,Section 7.3.2. 1.Perform each of the following visual and electrical tests: a.Compare cable data with drawings and specifications to ensure compliance with contract documents. b.Inspect exposed sections of conductor and cable for physical damage and correct connection according to the single-line diagram. c.Test bolted connections for high resistance using one of the following: 1)A low-resistance ohmmeter. 2)Calibrated torque wrench. d.Inspect compression-applied connectors for correct cable match and indentation. e.Inspect for correct identification. f.Inspect cable jacket and condition. g.Continuity test on each conductor and cable. h.Uniform resistance of parallel conductors. C.Insulation resistance test is required for all feeder conductors prior to energizing feeders,sub- feeders,or service entrance conductors. 1.All current carrying feeder phase conductors and neutrals shall be tested as installed,and before connections are made,for insulation resistance and accidental grounds. This shall be done with a 500 volt insulation resistance tester. In the procedures listed below shall be followed: a.Minimum readings shall be one million (1,000,000)or more ohms for #6 AWG wire and smaller,250,000 ohms or more for #4 AWG wire or larger,between conducts and between conductor and the grounding conductor. b.After all fixtures,devices and equipment are installed and all connections completed to each panel,the Contractor shall disconnect the neutral feeder conductor from the neutral bar and take a insulation resistance reading between the neutral bar and the grounded enclosure. If this reading is less than 250,000 ohms,the Contractor shall disconnect the branch circuit neutral wires from this neutral bar. He shall then test each one separately to the panel and until the low readings are found. The Contractor shall correct troubles, reconnect and retest until at 250,000 ohms from the neutral bar to the grounded panel Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Power Conductors and Cables 26 05 19 - 6 can be achieved with only the neutral feeder disconnected. c.The Contractor shall send a letter to the Engineer certifying that the above has been done and tabulating the insulation resistance readings for each panel. This shall be done at least four (4)days prior to final inspection. d.At final inspection,The Contractor shall furnish a insulation resistance tester and show the Engineer’s representatives that the panels comply with the above requirements. He shall also furnish a hook-on type ammeter and voltmeter to take current and voltage readings as directed by the representatives. e.Results of the test shall be made available to the engineer at the required pre- energization walk through. 2.Disconnect surge protective devices (SPDs)prior to performing any high potential testing. Replace SPDs damaged by performing high potential testing with SPDs connected. D.Correct deficiencies and replace damaged or defective conductors and cables and re-test as indicated above.Contractor shall submit new test results to the Engineer to demonstrate the deficiency has been corrected. END OF SECTION 26 05 19 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Grounding and Bonding for Electrical Systems 26 05 26 - 1 SECTION 26 05 26 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS PART 1 GENERAL 1.01 SECTION INCLUDES A.Grounding and bonding requirements. B.Conductors for grounding and bonding. C.Connectors for grounding and bonding. D.Ground bars. E.Ground rod electrodes. 1.02 REFERENCE STANDARDS A.IEEE 81 -IEEE Guide for Measuring Earth Resistivity,Ground Impedance,and Earth Surface Potentials of a Grounding System;2012. B.NEMA GR 1 -Grounding Rod Electrodes and Grounding Rod Electrode Couplings;2022. C.NETA ATS -Standard For Acceptance Testing Specifications For Electrical Power Equipment And Systems;2021. D.NFPA 70 -National Electrical Code;National Fire Protection Association,Including All Applicable Amendments and Supplements;2020. E.UL 467 -Grounding and Bonding Equipment;Current Edition,Including All Revisions. 1.03 ADMINISTRATIVE REQUIREMENTS A.Coordination: 1.Verify exact locations of underground metal water service pipe entrances to building. 2.Coordinate the work with other trades to provide steel reinforcement complying with specified requirements for concrete-encased electrode. 3.Notify Architect of any conflicts with or deviations from Contract Documents.Obtain direction before proceeding with work. B.Sequencing: 1.Do not install ground rod electrodes until final backfill and compaction is complete. 1.04 SUBMITTALS A.Product Data: Provide manufacturer's standard catalog pages and data sheets for grounding and bonding system components. B.Manufacturer's Instructions: Indicate application conditions and limitations of use stipulated by product testing agency. Include instructions for storage,handling,protection,examination, preparation,and installation of product. C.Field quality control test reports. D.Project Record Documents: Record actual locations of grounding electrode system components and connections. 1.05 QUALITY ASSURANCE A.Comply with requirements of NFPA 70. B.Manufacturer Qualifications: Company specializing in manufacturing the products specified in this section with minimum three years documented experience. C.Product Listing Organization Qualifications: Third party agencies shall be amongst those accredited by the NCBCC (North Carolina Building Code Council)to label Electrical and Mechanical Equipment. 1.06 DELIVERY,STORAGE,AND HANDLING A.Receive,inspect,handle,and store products in accordance with manufacturer's instructions. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Grounding and Bonding for Electrical Systems 26 05 26 - 2 PART 2 PRODUCTS 2.01 GROUNDING AND BONDING REQUIREMENTS A.Existing Work: Where existing grounding and bonding system components are indicated to be reused,they may be reused only where they are free from corrosion,integrity and continuity are verified,and where acceptable to the authority having jurisdiction. B.Do not use products for applications other than as permitted by NFPA 70 and product listing. C.Unless specifically indicated to be excluded,provide all required components,conductors, connectors,conduit,boxes,fittings,supports,accessories,etc.as necessary for a complete grounding and bonding system. D.Where conductor size is not indicated,size to comply with NFPA 70 but not less than applicable minimum size requirements specified. E.Grounding System Resistance: 1.Achieve specified grounding system resistance under normally dry conditions unless otherwise approved by Architect.Precipitation within the previous 48 hours does not constitute normally dry conditions. 2.Grounding Electrode System: Not greater than 5 ohms to ground,when tested according to IEEE 81 using "fall-of-potential"method. 3.Between Grounding Electrode System and Major Electrical Equipment Frames,System Neutral,and Derived Neutral Points: Not greater than 0.5 ohms,when tested using "point-to- point"methods. F.Grounding Electrode System: 1.Provide connection to required and supplemental grounding electrodes indicated to form grounding electrode system. a.Provide continuous grounding electrode conductors without splice or joint. b.Install grounding electrode conductors in raceway where exposed to physical damage. Bond grounding electrode conductor to metallic raceways at each end with bonding jumper. 2.Metal Underground Water Pipe(s): a.Provide connection to underground metal domestic and fire protection (where present) water service pipe(s)that are in direct contact with earth for at least 10 feet at an accessible location not more than 5 feet from the point of entrance to the building. b.Provide bonding jumper(s)around insulating joints/pipes as required to make pipe electrically continuous. c.Provide bonding jumper around water meter of sufficient length to permit removal of meter without disconnecting jumper. 3.Metal In-Ground Support Structure: a.Provide connection to metal in-ground support structure that is in direct contact with earth in accordance with NFPA 70. 4.Concrete-Encased Electrode: a.Where metallic structural components meet the definition of a concrete encased electrode as defined in NEC 250.52,the concrete encased electrode shall be bonded to the grounding electrode system per NEC 250.50.Coordinate with the structure prior to pouring concrete foundations. b.Provide connection to concrete-encased electrode consisting of not less than 20 feet of either steel reinforcing bars or bare copper conductor not smaller than 4 AWG embedded within concrete foundation or footing that is in direct contact with earth in accordance with NFPA 70. 5.Ground Rod Electrode(s): a.Space electrodes not less than 10 feet from each other and any other ground electrode until maximum allowed resistance to ground is achieved. b.Where location is not indicated,locate electrode(s)at least 5 feet outside building perimeter foundation as near as possible to electrical service entrance;where possible, Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Grounding and Bonding for Electrical Systems 26 05 26 - 3 locate in softscape (uncovered)area. 6.Provide additional ground electrode(s)as required to achieve specified grounding electrode system resistance. 7.Ground Bar: Provide ground bar in main electrical room,separate from service equipment enclosure,for common connection point of grounding electrode system bonding jumpers as permitted in NFPA 70.Connect grounding electrode conductor provided for service-supplied system grounding to this ground bar. a.Ground Bar Size: 1/4"x 2"x 18"unless otherwise indicated or required. b.Where ground bar location is not indicated,locate in accessible location as near as possible to service disconnect enclosure. 8.unless otherwise noted.Location as identified on plans. 9.Ground Riser: Provide common grounding electrode conductor not less than 3/0 AWG for tap connections to multiple separately derived systems as permitted in NFPA 70. G.Service-Supplied System Grounding: 1.For each service disconnect,provide grounding electrode conductor to connect neutral (grounded)service conductor to grounding electrode system.Unless otherwise indicated, make connection at neutral (grounded)bus in service disconnect enclosure. 2.For each service disconnect,provide main bonding jumper to connect neutral (grounded)bus to equipment ground bus where not factory-installed.Do not make any other connections between neutral (grounded)conductors and ground on load side of service disconnect. H.Separately Derived System Grounding: 1.Separately derived systems include,but are not limited to: a.Transformers. b.Uninterruptible power supplies (UPS),when configured as separately derived systems. c.Generators,when neutral is switched in the transfer switch. 2.Provide grounding electrode conductor to connect derived system grounded conductor to nearest effectively grounded metal building frame.Unless otherwise indicated,make connection at neutral (grounded)bus in source enclosure. 3.Provide bonding jumper to connect derived system grounded conductor to nearest metal building frame and nearest metal water piping in the area served by the derived system, where not already used as a grounding electrode for the derived system.Make connection at same location as grounding electrode conductor connection. 4.Where common grounding electrode conductor ground riser is used for tap connections to multiple separately derived systems,provide bonding jumper to connect the metal building frame and metal water piping in the area served by the derived system to the common grounding electrode conductor. 5.Provide system bonding jumper to connect system grounded conductor to equipment ground bus.Make connection at same location as grounding electrode conductor connection.Do not make any other connections between neutral (grounded)conductors and ground on load side of separately derived system disconnect. I.Bonding and Equipment Grounding: 1.Provide bonding for equipment grounding conductors,equipment ground busses,metallic equipment enclosures,metallic raceways and boxes,device grounding terminals,and other normally non-current-carrying conductive materials enclosing electrical conductors/equipment or likely to become energized as indicated and in accordance with NFPA 70. 2.Provide insulated equipment grounding conductor in each feeder and branch circuit raceway. Do not use raceways as sole equipment grounding conductor. 3.Where circuit conductor sizes are increased for voltage drop,increase size of equipment grounding conductor proportionally in accordance with NFPA 70. 4.Unless otherwise indicated,connect wiring device grounding terminal to branch circuit equipment grounding conductor and to outlet box with bonding jumper. 5.Terminate branch circuit equipment grounding conductors on solidly bonded equipment ground bus only.Do not terminate on neutral (grounded)or isolated/insulated ground bus. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Grounding and Bonding for Electrical Systems 26 05 26 - 4 6.Provide bonding jumper across expansion or expansion/deflection fittings provided to accommodate conduit movement. 7.Provide bonding for interior metal piping systems in accordance with NFPA 70.This includes, but is not limited to: a.Metal water piping where not already effectively bonded to metal underground water pipe used as grounding electrode. b.Metal gas piping. c.Metal process piping. 2.02 GROUNDING AND BONDING COMPONENTS A.General Requirements: 1.Provide products listed,classified,and labeled as suitable for the purpose intended. 2.Provide products listed and labeled as complying with UL 467 where applicable. B.Conductors for Grounding and Bonding,in Addition to Requirements of Section 26 05 26: 1.Use insulated copper conductors unless otherwise indicated. a.Exceptions: 1)Use bare copper conductors where installed underground in direct contact with earth. 2)Use bare copper conductors where directly encased in concrete (not in raceway). 2.Where insulated grounding conductors are used conductors shall be colored solid green. 3.Grounding electrode conductors #4 AWG and larger shall be installed in raceway. C.Connectors for Grounding and Bonding: 1.Description: Connectors appropriate for the application and suitable for the conductors and items to be connected;listed and labeled as complying with UL 467. 2.Unless otherwise indicated,use exothermic welded connections for underground,concealed and other inaccessible connections. 3.Unless otherwise indicated,use double crimp compression connectors or exothermic welded connections for accessible connections. D.Ground Bars: 1.Description: Copper rectangular ground bars with mounting brackets and insulators. 2.Size: As indicated elsewhere in this section. 3.Holes for Connections: All mechanical connectors shall be double hole double crimp compression connectors.. E.Ground Rod Electrodes: 1.Comply with NEMA GR 1. 2.Material: Copper-bonded (copper-clad)steel. 3.Size: 3/4 inch diameter by 10 feet length,unless otherwise indicated. PART 3 EXECUTION 3.01 EXAMINATION A.Verify that work likely to damage grounding and bonding system components has been completed. B.Verify that field measurements are as indicated. C.Verify that conditions are satisfactory for installation prior to starting work. 3.02 INSTALLATION A.Install products in accordance with manufacturer's instructions. B.Install grounding and bonding system components in a neat and workmanlike manner. C.Boxes with concentric,eccentric or oversized knockouts shall be provided with bonding bushings and jumpers.The jumper shall be sized per NEC table 250-122 and lugged to the box. D.Ground Rod Electrodes: Unless otherwise indicated,install ground rod electrodes vertically. Where encountered rock prohibits vertical installation,install at 45 degree angle. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Grounding and Bonding for Electrical Systems 26 05 26 - 5 1.Outdoor Installations: Unless otherwise indicated,install with top of rod 6 inches below finished grade. E.Make grounding and bonding connections using specified connectors. 1.Remove appropriate amount of conductor insulation for making connections without cutting, nicking or damaging conductors.Do not remove conductor strands to facilitate insertion into connector. 2.Remove nonconductive paint,enamel,or similar coating at threads,contact points,and contact surfaces. 3.Exothermic Welds: Make connections using molds and weld material suitable for the items to be connected in accordance with manufacturer's recommendations. 4.Compression Connectors: Secure connections using manufacturer's recommended tools and dies.Connectors must be UL listed for use with grounding electrode conductors. F.Identify grounding and bonding system components in accordance with Section 26 05 53. 3.03 FIELD QUALITY CONTROL A.Inspect and test in accordance with NETA ATS Section 7.13. 1.After installing grounding system but before permanent electrical circuits have been energized,test for compliance with requirements. 2.Verify that ground system was installed in accordance with the contract documents and NEC Article 250. 3.Inspect physical and mechanical condition.Verify tightness of accessible,bolted,electrical connections with a calibrated torque wrench according to manufacturer's written instructions. a.Perform resistance measurements through bolted connections with a low-resistance ohmmeter. 4.Test completed grounding system at each location where a maximum ground-resistance level is specified,at service disconnect enclosure grounding terminal at ground test wells and at individual ground rods.Make tests at ground rods before any conductors are connected. a.Measure ground resistance no fewer than two full days after last trace of precipitation and without soil being moistened by any means other than natural drainage or seepage and without chemical treatment or other artificial means of reducing natural ground resistance. b.Perform tests by fall-of-potential method according to IEEE 81. B.Perform ground electrode resistance tests under normally dry conditions.Precipitation within the previous 48 hours does not constitute normally dry conditions. C.Investigate and correct deficiencies where measured ground resistances do not comply with specified requirements. D.Submit detailed reports indicating inspection and testing results and corrective actions taken. END OF SECTION 26 05 26 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Hangers and Supports for Electrical Systems 26 05 29 - 1 SECTION 26 05 29 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS PART 1 GENERAL 1.01 SECTION INCLUDES A.Support and attachment requirements and components for equipment,conduit,cable,boxes,and other electrical work. 1.02 RELATED REQUIREMENTS A.Section 26 05 33.13 -Conduit for Electrical Systems: Additional support and attachment requirements for conduits. B.Section 26 05 33.16 - Boxes and Cabinets: Additional support and attachment requirements for boxes. 1.03 REFERENCE STANDARDS A.NFPA 70 -National Electrical Code;Most Recent Edition Adopted by Authority Having Jurisdiction, Including All Applicable Amendments and Supplements. B.NFPA 70 -National Electrical Code;National Fire Protection Association,Including All Applicable Amendments and Supplements;2020. 1.04 ADMINISTRATIVE REQUIREMENTS A.Coordination: 1.Coordinate sizes and arrangement of supports and bases with the actual equipment and components to be installed. 2.Coordinate the work with other trades to provide additional framing and materials required for installation. 3.Coordinate compatibility of support and attachment components with mounting surfaces at the installed locations. 4.Coordinate the arrangement of supports with ductwork,piping,equipment and other potential conflicts installed under other sections or by others. 5.Notify Engineer of any conflicts with or deviations from Contract Documents.Obtain direction before proceeding with work. B.Sequencing: 1.05 SUBMITTALS A.Product Data: Provide manufacturer's standard catalog pages and data sheets for channel (strut) framing systems,non-penetrating rooftop supports,and post-installed concrete and masonry anchors. B.Manufacturer's Instructions: Indicate application conditions and limitations of use stipulated by product testing agency. Include instructions for storage,handling,protection,examination, preparation,and installation of product. 1.06 QUALITY ASSURANCE 1.07 DELIVERY,STORAGE,AND HANDLING A.Receive,inspect,handle,and store products in accordance with manufacturer's instructions. PART 2 PRODUCTS 2.01 SUPPORT AND ATTACHMENT COMPONENTS A.General Requirements: 1.Provide all required hangers,supports,anchors,fasteners,fittings,accessories,and hardware as necessary for the complete installation of electrical work. 2.Provide products listed,classified,and labeled as suitable for the purpose intended,where applicable. 3.Where support and attachment component types and sizes are not indicated,select in accordance with manufacturer's application criteria as required for the load to be supported Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Hangers and Supports for Electrical Systems 26 05 29 - 2 with a minimum safety factor of _____.Include consideration for vibration,equipment operation,and shock loads where applicable. 4.Do not use products for applications other than as permitted by NFPA 70 and product listing. B.Conduit and Cable Supports: Straps,clamps,etc.suitable for the conduit or cable to be supported. 1.Conduit Straps: One-hole or two-hole type;steel or malleable iron. 2.Conduit Clamps: Bolted type unless otherwise indicated. C.Anchors and Fasteners: 1.Concrete: Use preset concrete inserts,expansion anchors,or screw anchors. 2.Solid or Grout-Filled Masonry: Use expansion anchors or screw anchors. 3.Hollow Masonry: Use toggle bolts. 4.Hollow Stud Walls: Use toggle bolts. 5.Steel: Use beam clamps,machine bolts,or welded threaded studs. 6.Sheet Metal: Use sheet metal screws,bolts,or bolts. 7.Wood: Use wood screws. 8.Plastic and lead anchors are not permitted. 9.Powder-actuated fasteners are not permitted. PART 3 EXECUTION 3.01 EXAMINATION A.Verify that field measurements are as indicated. B.Verify that mounting surfaces are ready to receive support and attachment components. C.Verify that conditions are satisfactory for installation prior to starting work. 3.02 INSTALLATION A.Install products in accordance with manufacturer's instructions. B.Perform work in accordance with NECA 1 (general workmanship). C.Provide independent support from building structure.Do not provide support from piping,ductwork, or other systems. D.Do not provide support from suspended ceiling support system or ceiling grid. E.Unless specifically indicated or approved by Architect,do not provide support from roof deck. F.Do not penetrate or otherwise notch or cut structural members without approval of Structural Engineer. G.Equipment Support and Attachment: 1.Securely fasten floor-mounted equipment.Do not install equipment such that it relies on its own weight for support. H.Conduits installed on the interior of exterior building walls shall be spaced off the wall surface a minimum of 1/4 inch using "clamp-backs"or strut. I.Remove temporary supports. 3.03 FIELD QUALITY CONTROL A.Inspect support and attachment components for damage and defects. B.Repair cuts and abrasions in galvanized finishes using zinc-rich paint recommended by manufacturer.Replace components that exhibit signs of corrosion. C.Correct deficiencies and replace damaged or defective support and attachment components. END OF SECTION 26 05 29 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Conduit for Electrical Systems 26 05 33.13 - 1 SECTION 26 05 33.13 CONDUIT FOR ELECTRICAL SYSTEMS PART 1 GENERAL 1.01 SECTION INCLUDES A.Galvanized steel rigid metal conduit (RMC). B.PVC-coated galvanized steel rigid metal conduit (RMC). C.Flexible metal conduit (FMC). D.Liquidtight flexible metal conduit (LFMC). E.Electrical metallic tubing (EMT). F.Rigid polyvinyl chloride (PVC)conduit. G.Conduit fittings. H.Accessories. 1.02 REFERENCE STANDARDS A.ANSI C80.1 -American National Standard for Electrical Rigid Steel Conduit (ERSC);2020. B.ANSI C80.3 -American National Standard for Electrical Metallic Tubing --Steel (EMT-S);2020. C.ANSI C80.6 -American National Standard for Electrical Intermediate Metal Conduit;2018. D.ASTM B633 -Standard Specification for Electrodeposited Coatings of Zinc on Iron and Steel; 2019. E.ASTM A153/A153M -Standard Specification for Zinc Coating (Hot-Dip)on Iron and Steel Hardware;2016a. F.ASTM A123/A123M -Standard Specification for Zinc (Hot-Dip Galvanized)Coatings on Iron and Steel Products;2017. G.NECA 101 -Standard for Installing Steel Conduits (Rigid,IMC,EMT);2020. H.NECA 111 -Standard for Installing Nonmetallic Raceways (RNC,ENT,LFNC);2017. I.NFPA 70 -National Electrical Code;Most Recent Edition Adopted by Authority Having Jurisdiction, Including All Applicable Amendments and Supplements. 1.03 ADMINISTRATIVE REQUIREMENTS A.Coordination: 1.Coordinate minimum sizes of conduits with the actual conductors to be installed,including adjustments for conductor sizes increased for voltage drop. 2.Coordinate the arrangement of conduits with structural members,ductwork,piping, equipment and other potential conflicts installed under other sections or by others. 3.Verify exact conduit termination locations required for boxes,enclosures,and equipment installed under other sections or by others. 4.Coordinate the work with other trades to provide roof penetrations that preserve the integrity of the roofing system and do not void the roof warranty. 5.Notify Architect of any conflicts with or deviations from Contract Documents.Obtain direction before proceeding with work. B.Sequencing: 1.Do not begin installation of conductors and cables until installation of conduit is complete between outlet,junction and splicing points. 1.04 SUBMITTALS A.Product Data: Provide manufacturer's standard catalog pages and data sheets for conduits and fittings. B.Project Record Documents: Record actual routing for conduits installed underground exterior to the building envelope. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Conduit for Electrical Systems 26 05 33.13 - 2 1.05 QUALITY ASSURANCE A.Conduit shall be delivered to the project site in bundles of full length pipes,each length marked with the trademark of the manufacturer and the Underwriters'Laboratories,Inc.stamp. Each conduit length shall be straight,true and free from scales,blisters,burrs and other imperfections. 1.Product Listing Organization Qualifications: Third party agencies shall be amongst those accredited by the NCBCC (North Carolina Building Code Council)to label Electrical and Mechanical Equipment. 1.06 DELIVERY,STORAGE,AND HANDLING A.Receive,inspect,handle,and store conduit and fittings in accordance with manufacturer's instructions. PART 2 PRODUCTS 2.01 CONDUIT APPLICATIONS A.Do not use conduit and associated fittings for applications other than as permitted by NFPA 70 and product listing. B.Unless otherwise indicated and where not otherwise restricted,use the conduit types indicated for the specified applications. C.Embedded Within Concrete: 1.Within Slab on Grade: Not permitted. 2.Within Slab Above Ground: Not permitted. 3.Within Poured Concrete Walls Above Ground: Use galvanized steel rigid metal conduit, intermediate metal conduit (IMC),PVC-coated galvanized steel rigid metal conduit,rigid PVC conduit,or reinforced thermosetting resin conduit (RTRC). D.Outdoors: Apply raceways as indicated below unless otherwise noted 1.Above ground conduit: Rigid galvanized steel conduit with 90o rigid elbow below grade transition to PVC. 2.Roof:Rigid galvanized steel conduit supported on rubber blocks and unistrut frame.Conduit must be at least 3-1/2"above roof surface. 3.Feeders: PVC Type DB concrete encased 4.Branch circuits: Schedule 40 PVC direct buried 5.Telecommunications: Schedule 40 PVC concrete encased 6.Connections to vibrating equipment including transformers,generators,and other motor driven equipment: Liquid tight flexible metal conduit. 7.Boxes and enclosures above ground Nema Type 4 8.Where rigid polyvinyl (PVC)conduit is used for feeder conductors,transition to galvanized steel rigid metal conduit a minimum of three feet horizontally prior to emerging from underground. 9.Where rigid polyvinyl (PVC)conduitis used for branch circuits,use galvanized steel rigid metal conduit elbows for bends. E.Indoors: Finished spaces (not subject to physical damage) 1.Raceway shall be routed concealed in interior portions of furred spaces,ceilings,and cavities,unless other than concrete or solid plaster where possible. 2.Raceways 2 inch or less shall be allowed to be EMT conduit. 3.All raceways concealed in exterior walls shall be rigid galvanized steel conduit. 4.All raceways larger than 2 inch shall be rigid galvanized conduit. 5.Where surface mounted conduit is required in finished spaces,contractor shall utilize surface metal raceway wire mold. 6.Where there is a transition between RGS in a wall to EMT above ceiling,it shall be made at a junction box above accessible ceiling. 7.Interior,Damp or Wet Locations: Use galvanized steel rigid metal conduit. F.Stub Ups Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Conduit for Electrical Systems 26 05 33.13 - 3 1.All feeder stub ups shall transition below grade from PVC to rigid a minimum of 3 feet horizontally from stub up location. 2.All branch circuit stub ups,where exposed or in non-CMU walls,shall transition to rigid galvanized steel at 90 degree elbow. 3.Schedule 40 rigid polyvinyl (PVC)stub ups are only allowed where conduits come up in CMU walls or the bottom of floor mounted equipment. G.Unfinished spaces subject to damage (Electrical,Mechanical etc.) 1.All conduit in unfinished spaces shall rigid galvanized steel.Conduit is not considered subject to damage when installed at least 10 feet above finished floor or tight to structure. 2.Conduits are not required to transition to transition to rigid galvanized steel where they are routed down into panelboards or other wall mounted equipment. H.Exposed,Interior finished spaces: Use surface metal raceway as identified on the drawings. 1.Surface metal raceway shall be manufactured by Wiremold or approved equal. 2.A separate equipment ground conductor shall be run in the surface metal raceway. I.Connection to vibrating equipment shall be made with flexible metal conduit or liquid tight flexible metal conduit depending on the environment installed. J.Connections to Luminaires Above Accessible Ceilings: Use flexible metal conduit shall be allowed. 1.Maximum Length: 6 feet. K.Connections to Vibrating Equipment: 1.Dry Locations: Use flexible metal conduit. 2.Damp,Wet,or Corrosive Locations: Use liquidtight flexible metal conduit. 3.Maximum Length: 6 feet unless otherwise indicated. 4.Vibrating equipment includes,but is not limited to: a.Transformers. b.Motors. c.Generators. 2.02 CONDUIT REQUIREMENTS A.Existing Work: Where existing conduits are indicated to be reused,they may be reused only where they comply with specified requirements,are free from corrosion,and integrity is verified by pulling a mandrel through them. B.Provide all conduit,fittings,supports,and accessories required for a complete raceway system. C.Provide products listed,classified,and labeled as suitable for the purpose intended. D.Minimum Conduit Size,Unless Otherwise Indicated: 1.Interior: 3/4 inch (21 mm)trade size. 2.Flexible Connections to Luminaires: 1/2 inch (13 mm)trade size. 3.Exterior: 1 inch (27 mm)trade size. 2.03 GALVANIZED STEEL RIGID METAL CONDUIT (RMC) A.Manufacturers: 1.Allied Tube &Conduit. 2.Republic Conduit. 3.Wheatland Tube Company. 4.or approved equal. B.Description: NFPA 70,Type RMC standard weight mild steel,hot dipped galvanized,sherardised or zinc-coated rigid metal conduit complying with ANSI C80.1 and listed and labeled as complying with UL 6. C.Fittings: 1.Manufacturers: a.Thomas &Betts Corporation. b.Rayco. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Conduit for Electrical Systems 26 05 33.13 - 4 c.Appleton. d.or approved equal. 2.Connectors and Couplings: Use steel compression fittings with insulated throats. 2.04 INTERMEDIATE METAL CONDUIT (IMC) A.Description: NFPA 70,Type IMC galvanized steel intermediate metal conduit complying with ANSI C80.6 and listed and labeled as complying with UL 1242. B.Fittings: 1.Non-Hazardous Locations: Use fittings complying with NEMA FB 1 and listed and labeled as complying with UL 514B. 2.Material: Use steel or malleable iron. 3.Connectors and Couplings: Use threaded type fittings only.Threadless set screw and compression (gland)type fittings are not permitted. 2.05 PVC-COATED GALVANIZED STEEL RIGID METAL CONDUIT (RMC) A.Manufacturers: 1.Allied Tube &Conduit. 2.Republic Conduit. 3.Wheatland Tube Company. 4.or approved equal. B.Description: NFPA 70,Type RMC galvanized steel rigid metal conduit with external polyvinyl chloride (PVC)coating complying with NEMA RN 1 and listed and labeled as complying with UL 6. C.Exterior Coating: Polyvinyl chloride (PVC),nominal thickness of 40 mil. D.PVC-Coated Fittings: 1.Manufacturer: Same as manufacturer of PVC-coated conduit to be installed. 2.Non-Hazardous Locations: Use fittings listed and labeled as complying with UL 514B. 3.Exterior Coating: Polyvinyl chloride (PVC),minimum thickness of 40 mil. 2.06 FLEXIBLE METAL CONDUIT AND LIQUIDTIGHT FLEXIBLE METAL CONDUIT (FMC LFMC) A.Manufacturers: 1.Allied Tube &Conduit. 2.Republic Conduit. 3.Wheatland Tube Company. 4.or approved equal. B.Description: NFPA 70,Type FMC standard wall steel flexible metal conduit listed and labeled as complying with UL 1,and listed for use in classified firestop systems to be used. C.Description: NFPA 70,Type LFMC polyvinyl chloride (PVC)jacketed steel flexible metal conduit listed and labeled as complying with UL 360. D.Spiral strip construction shall allow the conduit to bend up to four times its internal radius. E.Fittings shall be compression type with insulated throats and listed for use with conduit specified. 2.07 ELECTRICAL METALLIC TUBING (EMT) A.Manufacturers: 1.Allied Tube &Conduit. 2.Republic Conduit. 3.Wheatland Tube Company. 4.or approved equal. B.Description: NFPA 70,Type EMT cold-rolled steel electrical metallic tubing with zinc coating on the inside and protected on the inside by a zinc,enamel or equivalent corrosion-resistant coating complying with ANSI C80.3 and listed and labeled as complying with UL 797. C.Fittings: 1.Description: Fittings complying with NEMA FB 1 and listed and labeled as complying with UL 514B. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Conduit for Electrical Systems 26 05 33.13 - 5 2.Material: Use steel or malleable iron. 3.Connectors and Couplings: Use hexagonal compression (gland)type. a.Do not use indenter type connectors and couplings. b.Do not use set-screw type connectors and couplings. 2.08 RIGID POLYVINYL CHLORIDE (PVC)CONDUIT A.Manufacturers: 1.Allied Tube &Conduit. 2.Republic Conduit. 3.Wheatland Tube Company. 4.or approved equal. B.Description: NFPA 70,Type PVC rigid polyvinyl chloride conduit complying with NEMA TC 2 and listed and labeled as complying with UL 651;Schedule 40 or Schedule 80 as indicated;rated for use with conductors rated 90 degrees C. C.Fittings: 1.Manufacturer: Same as manufacturer of conduit to be connected. 2.Description: Fittings complying with NEMA TC 3 and listed and labeled as complying with UL 651;material to match conduit. 2.09 ACCESSORIES A.Corrosion Protection Tape: PVC-based,minimum thickness of 20 mil. B.Conduit Joint Compound: Corrosion-resistant,electrically conductive;suitable for use with the conduit to be installed. C.Solvent Cement for PVC Conduit and Fittings: As recommended by manufacturer of conduit and fittings to be installed. D.Pull Strings:Use nylon cord with average breaking strength of not less than 200 pound-force. PART 3 EXECUTION 3.01 EXAMINATION A.Verify that field measurements are as indicated. B.Verify that mounting surfaces are ready to receive conduits. C.Verify that conditions are satisfactory for installation prior to starting work. 3.02 INSTALLATION A.Install products in accordance with manufacturer's instructions. B.Install conduit in a neat and workmanlike manner tight against walls,columns or ceilings. C.The conduit shall bend cold 90 degrees about a radius equal to ten (10)times its own diameter without signs of flaw or fracture in either pipe or protective coverings. All bends and offsets shall be made on a forming tool to prevent the conduit or its coating from being damaged in the bending. D.Install galvanized steel rigid metal conduit (RMC)in accordance with NECA 101. E.Install intermediate metal conduit (IMC)in accordance with NECA 101. F.Install PVC-coated galvanized steel rigid metal conduit (RMC)using only tools approved by the manufacturer. G.Install rigid polyvinyl chloride (PVC)conduit in accordance with NECA 111. H.Conduit Routing: 1.Unless dimensioned,conduit routing indicated is diagrammatic. 2.Conceal all conduits unless specifically indicated to be exposed. 3.Conduits in the following areas may be exposed,unless otherwise indicated: a.Electrical rooms. b.Mechanical equipment rooms. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Conduit for Electrical Systems 26 05 33.13 - 6 4.Arrange conduit to maintain maximum headroom,clearances,and access. 5.Arrange conduit to provide no more than the equivalent of four 90 degree bends between pull points. 6.Arrange conduit to provide no more than 100 feet between pull points. 7.In every instance,conduit shall be installed in such a manner that the conductors may readily and easily be drawn or pulled in without strain or damage to the insulation;and,also,so that defective conductors may be readily and easily withdrawn and replaced by new conductors. Long radius bends and a sufficient number of approved pull and junction boxes shall be approved for this purpose,and as may be directed by the Engineer. All conduit shall be securely supported and grounded. 8.Arrange conduit to prevent moisture traps.Provide drain fittings at low points and at sealing fittings where moisture may collect. 9.Where conduits join any couplings or threaded fittings,the ends shall be made watertight. 10.Maintain minimum clearance of 12 inches between conduits and hot surfaces.This includes, but is not limited to: I.Conduit Support: 1.Provide all required hangers,supports,anchors,fasteners,fittings,accessories,and hardware as necessary for the complete installation of electrical work. 2.Secure and support conduits in accordance with NFPA 70 and Section 26 05 29 using suitable supports and methods approved by the authority having jurisdiction. 3.Provide independent support from building structure.Do not provide support from piping, ductwork,or other systems. 4.Installation Above Suspended Ceilings: Do not provide support from ceiling support system. Do not provide support from ceiling grid or allow conduits to lay on ceiling tiles. 5.Use conduit strap to support single surface-mounted conduit. a.Use clamp back spacer with conduit strap for damp and wet locations to provide space between conduit and mounting surface. 6.Use metal channel (strut)with accessory conduit clamps to support multiple parallel surface- mounted conduits. 7.Use conduit clamp to support single conduit from beam clamp or threaded rod. 8.Use trapeze hangers assembled from threaded rods and metal channel (strut)with accessory conduit clamps to support multiple parallel suspended conduits. 9.Steel Components: Use corrosion resistant materials suitable for the environment where installed. a.Indoor Dry Locations: Use zinc-plated steel or approved equivalent unless otherwise indicated. b.Outdoor and Damp or Wet Indoor Locations: Use galvanized steel,stainless steel,or approved equivalent unless otherwise indicated. c.Zinc-Plated Steel: Electroplated in accordance with ASTM B633. d.Galvanized Steel: Hot-dip galvanized after fabrication in accordance with ASTM A123/A123M or ASTM A153/A153M. 10.Metal Channel (Strut)Framing Systems: Factory-fabricated continuous-slot metal channel (strut)and associated fittings,accessories,and hardware required for field-assembly of supports. a.Minimum Channel Thickness: Steel sheet,12 gage,0.1046 inch. b.Minimum Channel Dimensions: 1-5/8 inch width by 13/16 inch height. J.Connections and Terminations: 1.Use approved zinc-rich paint or conduit joint compound on field-cut threads of galvanized steel conduits prior to making connections. 2.Where two threaded conduits must be joined and neither can be rotated,use three-piece couplings or split couplings.Do not use running threads. 3.Use suitable adapters where required to transition from one type of conduit to another. 4.Terminate threaded conduits in boxes and enclosures using threaded hubs or double lock nuts for dry locations and raintight hubs for wet locations. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Conduit for Electrical Systems 26 05 33.13 - 7 5.Provide insulating bushings or insulated throats at all conduit terminations to protect conductors. 6.Secure joints and connections to provide maximum mechanical strength and electrical continuity. 7.Condulet fittings shall not be used in lieu of pull boxes. K.Penetrations: 1.Do not penetrate or otherwise notch or cut structural members,including footings and grade beams. 2.Make penetrations perpendicular to surfaces unless otherwise indicated. 3.Where conduits penetrate waterproof membrane,seal as required to maintain integrity of membrane. a.All raceway penetrating exterior walls or other water proof membranes shall slope away from the building with a minimum slope of 4"over 100 feet. 4.Make penetrations for roof-mounted equipment within associated equipment openings and curbs where possible to minimize roofing system penetrations.Where penetrations are necessary,seal as required to preserve integrity of roofing system and maintain roof warranty. 5.Install firestopping to preserve fire resistance rating of partitions and other elements.Refer to penetration details on plans. 6.Where conduits cross building expansion joints or pass between areas with a temperature difference of 14 degrees C,provide expansion fittings on all raceway. L.Underground Installation: 1.Minimum Cover,Unless Otherwise Indicated or Required: a.Underground,Exterior: 24 inches. 2.Provide underground warning tape six to eight inches below finished grade directly above raceway.Tape shall be six inches wide with a minimum thickness of seven mil,non- distorting,colorfast,no-stretch,600 pound tensile strength per six inch width,ultraviolet light fast.Message must repeat within a maximum of 40 inches.Painted legend shall be indicative of the type of underground line. M.Concrete Encasement: Where conduits not otherwise embedded within concrete are indicated to be concrete-encased,provide concrete in accordance with Section 03 30 00 with minimum concrete cover of 3 inches on all sides unless otherwise indicated. N.Ductbanks containing conductors of 600 volts or more shall be concrete encased with red dyed concrete. O.Conduit Movement Provisions: Where conduits are subject to movement,provide expansion and expansion/deflection fittings to prevent damage to enclosed conductors or connected equipment. This includes,but is not limited to: 1.Where conduits cross structural joints intended for expansion,contraction,or deflection. 2.Where calculated in accordance with NFPA 70 for rigid polyvinyl chloride (PVC)conduit installed above ground to compensate for thermal expansion and contraction. 3.Where conduits are subject to earth movement by settlement or frost. P.Condensation Prevention: Where conduits cross barriers between areas of potential substantial temperature differential,provide sealing fitting or approved sealing compound at an accessible point near the penetration to prevent condensation.This includes,but is not limited to: 1.Where conduits pass from outdoors into conditioned interior spaces. 2.Where conduits pass from unconditioned interior spaces into conditioned interior spaces. 3.Where conduits penetrate coolers or freezers. Q.Provide 200 pound tensile strength pull string in all empty conduits and in conduits where conductors and cables are to be installed by others.Leave minimum slack of 12 inches at each end.All empty conduits shall terminate in a junction box. R.All ducts shall be sealed at terminations,using sealing compound and plugs,as required to withstand 15 psi minimum hydrostatic pressure. 3.03 FIELD QUALITY CONTROL Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Conduit for Electrical Systems 26 05 33.13 - 8 A.Repair cuts and abrasions in galvanized finishes using zinc-rich paint recommended by manufacturer.Replace components that exhibit signs of corrosion. B.Where coating of PVC-coated galvanized steel rigid metal conduit (RMC)contains cuts or abrasions,repair in accordance with manufacturer's instructions. C.Correct deficiencies and replace damaged or defective conduits. 3.04 CLEANING A.Clean interior of conduits to remove moisture and foreign matter. 3.05 PROTECTION A.Immediately after installation of conduit,use suitable manufactured plugs to provide protection from entry of moisture and foreign material and do not remove until ready for installation of conductors. END OF SECTION 26 05 33.13 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Boxes and Cabinets 26 05 33.16 - 1 SECTION 26 05 33.16 BOXES AND CABINETS PART 1 GENERAL 1.01 SECTION INCLUDES A.Outlet and device boxes up to 100 cubic inches,including those used as junction and pull boxes. B.Cabinets and enclosures,including junction and pull boxes larger than 100 cubic inches. 1.02 REFERENCE STANDARDS A.NEMA 250 -Enclosures for Electrical Equipment (1000 Volts Maximum);2020. B.NFPA 70 -National Electrical Code;National Fire Protection Association,Including All Applicable Amendments and Supplements;2020. 1.03 ADMINISTRATIVE REQUIREMENTS A.Coordination: 1.Coordinate the work with other trades to avoid placement of ductwork,piping,equipment,or other potential obstructions within the dedicated equipment spaces and working clearances for electrical equipment required by NFPA 70. 2.Coordinate arrangement of electrical equipment with the dimensions and clearance requirements of the actual equipment to be installed. 3.Coordinate minimum sizes of boxes with the actual installed arrangement of conductors, clamps,support fittings,and devices,calculated according to NFPA 70. 4.Coordinate minimum sizes of pull boxes with the actual installed arrangement of connected conduits,calculated according to NFPA 70. 5.Coordinate the placement of boxes with millwork,furniture,devices,equipment,etc.installed under other sections or by others. 6.Coordinate the work with other trades to preserve insulation integrity. 7.Coordinate the work with other trades to provide walls suitable for installation of flush- mounted boxes where indicated. 8.Notify Architect of any conflicts with or deviations from Contract Documents.Obtain direction before proceeding with work. 1.04 SUBMITTALS A.Product Data: Provide manufacturer's standard catalog pages and data sheets for outlet and device boxes,junction and pull boxes,cabinets and enclosures,and floor boxes. B.Project Record Documents: Record actual locations for outlet and device boxes,cabinets and enclosures,and floor boxes. 1.05 QUALITY ASSURANCE A.Product Listing Organization Qualifications: Third party agencies shall be amongst those accredited by the NCBCC (North Carolina Building Code Council)to label Electrical and Mechanical Equipment. 1.06 DELIVERY,STORAGE,AND HANDLING A.Receive,inspect,handle,and store products in accordance with manufacturer's instructions. PART 2 PRODUCTS 2.01 BOXES A.General Requirements: 1.The Electrical Contractor shall provide junction boxes,pull boxes,cable,support boxes,and wiring troughs as required by NEC and as otherwise indicated in the Drawings. 2.Do not use boxes and associated accessories for applications other than as permitted by NFPA 70 and product listing. 3.Provide all boxes,fittings,supports,and accessories required for a complete raceway system and to accommodate devices and equipment to be installed. 4.Provide products listed,classified,and labeled as suitable for the purpose intended. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Boxes and Cabinets 26 05 33.16 - 2 5.Where box size is not indicated,size to comply with NFPA 70 but not less than applicable minimum size requirements specified. 6.Provide grounding terminals within boxes where equipment grounding conductors terminate. 7.Each outlet designated on the plans shall be provided with an outlet box. 8.In general,outlets shall be installed at the heights indicated. The Contractor shall examine the plans of and coordinate with all other trades to assure mounting heights are correct for the intended purpose. Assure that all mounting heights comply with the latest version of ADA. Outlets installed at incorrect heights shall be relocated to the correct elevation at the Contractor's expense. B.Outlet and Device Boxes Up to 100 cubic inches,Including Those Used as Junction and Pull Boxes: 1.Use sheet-steel boxes for dry locations unless otherwise indicated or required. 2.Use cast iron boxes or cast aluminum boxes for damp or wet locations unless otherwise indicated or required;furnish with compatible weatherproof gasketed covers. 3.Outlet boxes shall be 4"square,2 1/8"deep unless otherwise noted. 4.Use suitable concrete type boxes where flush-mounted in concrete. 5.Use suitable masonry type boxes where flush-mounted in masonry walls. 6.Do not use "through-wall"boxes designed for access from both sides of wall. 7.Sheet-Steel Boxes: Comply with NEMA OS 1,and list and label as complying with UL 514A. 8.Cast Metal Boxes: Comply with NEMA FB 1,and list and label as complying with UL 514A; furnish with threaded hubs. 9.Junction boxes larger than 4"square shall be galvanized and without pre-formed knockouts. 10.Boxes for Supporting Luminaires and Ceiling Fans: Listed as suitable for the type and weight of load to be supported;furnished with fixture stud to accommodate mounting of luminaire where required. 11.Boxes for Ganged Devices: Use multigang boxes of single-piece construction.Do not use field-connected gangable boxes. 12.Manufacturers Recessed: a.Steel City Electric Company b.Metropolitan c.B &C d.or approved equal. 13.Manufacturers Surface: a.Crouse-Hinds b.Appleton c.Rayco d.or approved equal. C.Cabinets and Enclosures,Including Junction and Pull Boxes Larger Than 100 cubic inches: 1.Comply with NEMA 250,and list and label as complying with UL 50 and UL 50E,or UL 508A. 2.NEMA 250 Environment Type,Unless Otherwise Indicated: 3.Junction and Pull Boxes Larger Than 100 cubic inches: a.Provide screw-cover or hinged-cover enclosures unless otherwise indicated. b.Boxes 12"square and Larger: Provide hinged-cover enclosures with quick access latches. 4.Cabinets and Hinged-Cover Enclosures,Other Than Junction and Pull Boxes: a.Provide lockable hinged covers,all locks keyed alike unless otherwise indicated. 5.Manufacturers Surface: a.Cooper. b.Hoffman. c.Hubbell Incorporated. d.or approved equal.. PART 3 EXECUTION 3.01 EXAMINATION Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Boxes and Cabinets 26 05 33.16 - 3 A.Verify that field measurements are as indicated. B.Verify that mounting surfaces are ready to receive boxes. C.Verify that conditions are satisfactory for installation prior to starting work. 3.02 INSTALLATION A.Install products in accordance with manufacturer's instructions. B.Perform work in a neat and workmanlike manner. C.Arrange equipment to provide maximum clearances. D.Unless otherwise indicated,provide separate boxes for line voltage and low voltage systems. E.Flush-mount boxes in finished areas unless specifically indicated to be surface-mounted. F.Box Locations: 1.Locate boxes in accessible locations. 2.Locate boxes so that wall plates do not span different building finishes. 3.Locate boxes so that wall plates do not cross masonry joints. 4.Unless otherwise indicated,where multiple outlet boxes are installed at the same location at different mounting heights,install along a common vertical center line. 5.Do not install flush-mounted boxes on opposite sides of walls back-to-back.Provide minimum 6 inches horizontal separation unless otherwise indicated. 6.Fire Resistance Rated Walls: Install flush-mounted boxes such that the required fire resistance will not be reduced. G.Box Supports: 1.Secure and support boxes in accordance with NFPA 70 and Section 26 05 29 using suitable supports and methods approved by the authority having jurisdiction. H.Install boxes plumb and level. I.Flush-Mounted Boxes: 1.Install boxes in noncombustible materials such as concrete,tile,gypsum,plaster,etc.so that front edge of box or associated raised cover is not set back from finished surface more than 1/4 inch or does not project beyond finished surface. 2.Install boxes in combustible materials such as wood so that front edge of box or associated raised cover is flush with finished surface. 3.Repair rough openings around boxes in noncombustible materials such as concrete,tile, gypsum,plaster,etc.so that there are no gaps or open spaces greater than 1/8 inch at the edge of the box. J.Install boxes as required to preserve insulation integrity. K.Boxes in damp or wet locations shall be provided with gaskets and covers. L.Install permanent barrier between ganged wiring devices when voltage difference between adjacent devices exceeds 300 V. M.Close unused box openings. N.Install blank wall plates on junction boxes and on outlet boxes with no devices or equipment installed or designated for future use. 3.03 CLEANING A.Clean interior of boxes to remove dirt,debris,plaster and other foreign material. 3.04 PROTECTION A.Immediately after installation,protect boxes from entry of moisture and foreign material until ready for installation of conductors. END OF SECTION 26 05 33.16 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Identification for Electrical Systems 26 05 53 - 1 SECTION 26 05 53 IDENTIFICATION FOR ELECTRICAL SYSTEMS PART 1 GENERAL 1.01 SECTION INCLUDES A.Electrical identification requirements. B.Identification nameplates and labels. C.Wire and cable markers. D.Underground warning tape. E.Warning signs and labels. 1.02 ADMINISTRATIVE REQUIREMENTS A.Coordination: 1.Verify final designations for equipment,systems,and components to be identified prior to fabrication of identification products. B.Sequencing: 1.Do not conceal items to be identified,in locations such as above suspended ceilings,until identification products have been installed. 2.Do not install identification products until final surface finishes and painting are complete. 1.03 SUBMITTALS A.Product Data: Provide manufacturer's standard catalog pages and data sheets for each product. B.Shop Drawings: Provide schedule of items to be identified indicating proposed designations, materials,legends,and formats. 1.04 FIELD CONDITIONS A.Do not install adhesive products when ambient temperature is lower than recommended by manufacturer. PART 2 PRODUCTS 2.01 IDENTIFICATION REQUIREMENTS A.Identification for Equipment: 1.Use identification nameplate to identify each piece of electrical distribution and control equipment and associated sections,compartments,and components. a.Panelboards: 1)Identify ampere rating. 2)Identify voltage and phase. 3)Identify power source and circuit number.Include location. 4)Use typewritten circuit directory to identify load(s)served. b.Enclosed switches,circuit breakers,and motor controllers: 1)Identify voltage and phase. 2)Identify power source and circuit number.Include location. 3)Identify load(s)served.Include location. c.Transfer Switches: 1)Identify voltage and phase. 2)Identify power source and circuit number for both normal power source and standby power source.Include location. 3)Identify load(s)served.Include location. 4)Identify short circuit current rating based on the specific overcurrent protective device type and settings protecting the transfer switch. 2.Service Equipment: a.For buildings or structures supplied by more than one service,or any combination of branch circuits,feeders,and services,use identification nameplate at each service disconnecting means to identify all other services,feeders,and branch circuits supplying Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Identification for Electrical Systems 26 05 53 - 2 that building or structure.Verify format and descriptions with authority having jurisdiction. 3.Emergency System Equipment: a.Use identification nameplate or voltage marker to identify emergency system equipment in accordance with NFPA 70. 4.Use identification nameplate to identify disconnect location for equipment with remote disconnecting means. 5.Available Fault Current Documentation: Use identification label to identify the available fault current and date calculations were performed at locations requiring documentation by NFPA 70 including but not limited to the following. a.Service equipment. B.Identification for Conductors and Cables: 1.Color Coding for Power Conductors 600 V and Less: Comply with Section 26 05 19. 2.Use underground warning tape to identify power and communication feeders and branch circuits exterior to the building. C.Identification for Boxes: 1.Use color coded boxes to identify specified systems. a.Color-Coded Boxes: Field-painted per the same color coding as identified in this section for the system contained within. b.Fire alarm junction boxes shall be painted on all sides including the box cover. 2.For boxes concealed above accessible ceilings or exposed in mechanical or electrical rooms use neatly handwritten text using indelible marker to identify circuits enclosed. 3.For exposed boxes in public areas,use only type written labels. D.Identification for Devices: 1.Wiring Device and Wallplate Finishes: Comply with Section 26 27 26. 2.Use identification label to identify fire alarm system devices. 3.For devices concealed above suspended ceilings,provide additional identification on ceiling tile below device location. 4.Use identification label to identify receptacles protected by upstream GFI protection,where permitted. E.Color Coding 1.Phenolic Nameplates and associated conduit and boxes shall be identified with the following color scheme.Note:For existing buildings the contractor shall field verify the existing building standard and revise the color scheme to match the existing field conditions.Failure to match existing conditions will result in the contractor correcting the mislabeled equipment at his expense. a.Blue surface white core -120/208V equipment. b.Black surface white core -277/480V equipment. c.Bright red surface white core -fire alarm equipment. d.Dark red (burgundy)surface white core -security equipment. e.Green surface white core -emergency systems. f.Orange surface white core -telephone systems. g.Brown surface white core -data systems. h.White surface black core -paging systems. i.Purple surface white core -TV systems. 2.02 IDENTIFICATION NAMEPLATES AND LABELS A.Identification Nameplates: 1.Materials: a.Indoor Clean,Dry Locations: Use plastic nameplates. b.Outdoor Locations: Use plastic nameplates suitable for exterior use. 2.Plastic Nameplates: Two-layer or three-layer laminated electrically non-conductive phenolic with beveled edges;minimum thickness of 1/16 inch;engraved text. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Identification for Electrical Systems 26 05 53 - 3 3.Mounting Holes for Mechanical Fasteners: Two,centered on sides for sizes up to 1 inch high;Four,located at corners for larger sizes. 4.Nameplates shall be secured with self tapping stainless steel screws;if screws have sharp ends they shall be protected,otherwise rivets shall be used. B.Identification Labels: 1.Materials: Use self-adhesive laminated plastic labels;UV,chemical,water,heat,and abrasion resistant. a.Use only for indoor locations. 2.Text: Use factory pre-printed or machine-printed text.Do not use handwritten text. C.Format for Equipment Identification: 1.Minimum Size: 1 inch by 2.5 inches. 2.Text:All capitalized unless otherwise indicated. 3.Minimum Text Height: a.Equipment Designation: 1/2 inch. b.Exception: Provide minimum text height of 1 inch for equipment located more than 10 feet above floor or working platform. D.Wiring device circuit labels. 1.All wiring devices (receptacles and switches)shall be labeled with the circuit serving the device.Label shall be a typed adhesive label affixed to the front of the wiring device face plate.Label shall have black text on clear background. 2.03 UNDERGROUND WARNING TAPE A.Foil-backed Detectable Type Tape: 3 inches wide,with minimum thickness of 7 mil,unless otherwise required for proper detection. B.Legend: Type of service,continuously repeated over full length of tape. C.Color: 1.Tape for Buried Power Lines: Black text on red background. 2.Tape for Buried Communication,Alarm,and Signal Lines: Black text on orange background. 2.04 WARNING SIGNS AND LABELS A.Comply with ANSI Z535.2 or ANSI Z535.4 as applicable. B.Warning Signs: 1.Materials: a.Indoor Dry,Clean Locations: Use factory pre-printed rigid plastic or self-adhesive vinyl signs. b.Outdoor Locations: Use factory pre-printed rigid aluminum signs. 2.Rigid Signs: Provide four mounting holes at corners for mechanical fasteners. C.Warning Labels: 1.Materials: Use factory pre-printed or machine-printed self-adhesive polyester or self- adhesive vinyl labels;UV,chemical,water,heat,and abrasion resistant;produced using materials recognized to UL 969. 2.Machine-Printed Labels: Use thermal transfer process printing machines and accessories recommended by label manufacturer. PART 3 EXECUTION 3.01 PREPARATION A.Clean surfaces to receive adhesive products according to manufacturer's instructions. 3.02 INSTALLATION A.Install products in accordance with manufacturer's instructions. B.Install identification products to be plainly visible for examination,adjustment,servicing,and maintenance. C.Install identification products centered,level,and parallel with lines of item being identified. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Identification for Electrical Systems 26 05 53 - 4 D.Secure nameplates to exterior surfaces of enclosures using stainless steel screws. E.Install self-adhesive labels and markers to achieve maximum adhesion,with no bubbles or wrinkles and edges properly sealed. F.Install underground warning tape above buried lines with one tape per trench at six to eight inches below finished grade. G.Secure rigid signs using stainless steel screws. H.Mark all handwritten text,where permitted,to be neat and legible. 3.03 FIELD QUALITY CONTROL A.Replace self-adhesive labels and markers that exhibit bubbles,wrinkles,curling or other signs of improper adhesion. END OF SECTION 26 05 53 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Panelboards 26 24 16 - 1 SECTION 26 24 16 PANELBOARDS PART 1 GENERAL 1.01 SECTION INCLUDES A.Power distribution panelboards. B.Lighting and appliance panelboards. C.Overcurrent protective devices for panelboards. 1.02 REFERENCE STANDARDS A.UL 67 -Panelboards;Current Edition,Including All Revisions. B.UL 489 -Molded-Case Circuit Breakers,Molded-Case Switches and Circuit Breaker Enclosures; Current Edition,Including All Revisions. C.NFPA 70 -National Electrical Code;National Fire Protection Association,Including All Applicable Amendments and Supplements;2020. 1.03 ADMINISTRATIVE REQUIREMENTS A.Coordination: 1.Coordinate the work with other trades to avoid placement of ductwork,piping,equipment,or other potential obstructions within the dedicated equipment spaces and working clearances for electrical equipment required by NFPA 70. 2.Coordinate arrangement of electrical equipment with the dimensions and clearance requirements of the actual equipment to be installed. 3.Coordinate the work with other trades to provide walls suitable for installation of flush- mounted panelboards where indicated. 4.Verify with manufacturer that conductor terminations are suitable for use with the conductors to be installed. 5.Notify Architect of any conflicts with or deviations from Contract Documents.Obtain direction before proceeding with work. 1.04 SUBMITTALS A.Product Data: Provide manufacturer's standard catalog pages and data sheets for panelboards, enclosures,overcurrent protective devices,and other installed components and accessories. 1.Contractor shall confirm that all lug sizes and quantities submitted are compatible with the conductors specified on the contract documents.Changes required to lug sizes and quantities due to lack of coordination between the contractor and the supplier are to be made at the contractor's expense. B.Shop Drawings: Indicate outline and support point dimensions,voltage,main bus ampacity, overcurrent protective device arrangement and sizes,short circuit current ratings,conduit entry locations,conductor terminal information,and installed features and accessories. 1.It is the contractor's responsibility to ensure that the equipment submitted to comply with the requirements of this section are in compliance with the requirements and recommendations of the power system studies.Any changes recommended by the power system study shall be incorporated at no expense to the project. C.Field Quality Control Test Reports. D.Manufacturer's Installation Instructions: Indicate application conditions and limitations of use stipulated by product testing agency. Include instructions for storage,handling,protection, examination,preparation,and installation of product. E.Project Record Documents: Record actual installed locations of panelboards and actual installed circuiting arrangements. F.Maintenance Data: Include information on replacement parts and recommended maintenance procedures and intervals. 1.05 QUALITY ASSURANCE Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Panelboards 26 24 16 - 2 A.Comply with requirements of NFPA 70. B.Maintain at the project site a copy of each referenced document that prescribes execution requirements. C.Product Listing Organization Qualifications: Third party agencies shall be amongst those accredited by the NCBCC (North Carolina Building Code Council)to label Electrical and Mechanical Equipment. D.Contractor shall schedule a pre-energization site visit with the Engineer.Meeting shall be scheduled at least 7 days in advance.The results of the megger test and service ground resistance test shall be made available to the Engineer prior to scheduling the pre-energization site visit. 1.06 DELIVERY,STORAGE,AND HANDLING A.Receive,inspect,handle,and store panelboards in accordance with manufacturer's instructions. B.Store in a clean,dry space. Maintain factory wrapping or provide an additional heavy canvas or heavy plastic cover to protect units from dirt,water,construction debris,and traffic. C.Handle carefully in accordance with manufacturer's written instructions to avoid damage to panelboard internal components,enclosure,and finish. 1.07 FIELD CONDITIONS A.Maintain ambient temperature within the following limits during and after installation of panelboards: 1.Panelboards Containing Circuit Breakers: Between 23 degrees F and 104 degrees F. PART 2 PRODUCTS 2.01 MANUFACTURERS A.ABB/GE: www.geindustrial.com/#sle. B.Eaton Corporation. C.Schneider Electric;Square D Products. D.Source Limitations: Furnish panelboards and associated components produced by the same manufacturer as the other electrical distribution equipment used for this project and obtained from a single supplier. 2.02 PANELBOARDS -GENERAL REQUIREMENTS A.Provide products listed,classified,and labeled as suitable for the purpose intended. B.Unless otherwise indicated,provide products suitable for continuous operation under the following service conditions: 1.Altitude: Less than 6,600 feet. 2.Ambient Temperature: a.Panelboards Containing Circuit Breakers: Between 23 degrees F and 104 degrees F. C.Short Circuit Current Rating: 1.Provide panelboards with listed short circuit current rating not less than the available fault current at the installed location as indicated on the drawings. 2.When a power system study is included in the contract short circuit current ratings shall be verified with the study prior to submitting equipment for approval.Any changes required to meet the maximum available fault current shall be made in the submittal. 3.Series rating is not allowed. D.Panelboards Used for Service Entrance: Listed and labeled as suitable for use as service equipment according to UL 869A. E.Mains: Configure for top or bottom incoming feed as indicated or as required for the installation. F.Branch Overcurrent Protective Devices: Replaceable without disturbing adjacent devices. G.Bussing: Sized in accordance with UL 67 temperature rise requirements. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Panelboards 26 24 16 - 3 1.Provide fully rated neutral bus unless otherwise indicated,with a suitable lug for each feeder or branch circuit requiring a neutral connection. 2.Provide solidly bonded equipment ground bus in each panelboard,with a suitable lug for each feeder and branch circuit equipment grounding conductor. H.Conductor Terminations: Suitable for use with the conductors to be installed. I.Enclosures: Comply with NEMA 250,and list and label as complying with UL 50 and UL 50E. 1.Environment Type per NEMA 250:As indicated on the drawings. 2.Boxes: Galvanized steel unless otherwise indicated. 3.Fronts: a.Fronts for Surface-Mounted Enclosures: Same dimensions as boxes. b.Fronts for Flush-Mounted Enclosures: Overlap boxes on all sides to conceal rough opening. c.All covers shall be door in door type where one door can be opened to access the breakers and and dead front and the second door opens to the wire bending space adjacent to the dead front. d.Door in door covers shall feature a full length piano hinge. 4.Lockable Doors: All locks keyed alike unless otherwise indicated. J.Future Provisions: Prepare all unused spaces for future installation of devices including bussing, connectors,mounting hardware and all other required provisions. K.Selectivity: Where the requirement for selectivity is indicated,furnish products as required to achieve selective coordination. L.Load centers are not acceptable. 2.03 POWER DISTRIBUTION PANELBOARDS A.Description: Panelboards complying with NEMA PB 1,power and feeder distribution type,circuit breaker type,and listed and labeled as complying with UL 67;ratings,configurations and features as indicated on the drawings. B.Conductor Terminations: 1.Main and Neutral Lug Material: Copper,suitable for terminating copper conductors only. 2.Main and Neutral Lug Type: Compression. C.Bussing: 1.Phase and Neutral Bus Material: Copper. 2.Ground Bus Material: Copper. D.Circuit Breakers: 1.Provide bolt-on type. 2.Provide thermal magnetic circuit breakers for circuit breaker frame sizes less than 250 amperes. 3.Provide electronic trip circuit breakers for circuit breaker frame sizes 250 amperes and above. E.Enclosures: 1.Fronts: Provide door-in-door trim with hinged cover for access to load terminals and wiring gutters,and separate lockable hinged door with concealed hinges for access to overcurrent protective device handles without exposing live parts. 2.Provide clear plastic circuit directory holder mounted on inside of door. 2.04 LIGHTING AND APPLIANCE PANELBOARDS A.Description: Panelboards complying with NEMA PB 1,lighting and appliance branch circuit type, circuit breaker type,and listed and labeled as complying with UL 67;ratings,configurations and features as indicated on the drawings. B.Conductor Terminations: 1.Main and Neutral Lug Material: Copper,suitable for terminating copper conductors only. 2.Main and Neutral Lug Type: Compression. C.Bussing: Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Panelboards 26 24 16 - 4 1.Phase Bus Connections: Arranged for sequential phasing of overcurrent protective devices. 2.Phase and Neutral Bus Material: Copper. 3.Ground Bus Material: Copper. D.Circuit Breakers: Thermal magnetic bolt-on type unless otherwise indicated. E.Provide electronic trip circuit breakers for circuit breaker frame sizes [250]amperes and above. F.Enclosures: 1.Fronts: Provide door-in-door trim with hinged cover for access to load terminals and wiring gutters,and separate lockable hinged door with concealed hinges for access to overcurrent protective device handles without exposing live parts. 2.Provide clear plastic circuit directory holder mounted on inside of door. 2.05 OVERCURRENT PROTECTIVE DEVICES A.Molded Case Circuit Breakers: 1.Description: Quick-make,quick-break,over center toggle,trip-free,trip-indicating circuit breakers listed and labeled as complying with UL 489,and complying with FS W-C-375 where applicable;ratings,configurations,and features as indicated on the drawings. 2.Interrupting Capacity: a.Provide circuit breakers with interrupting capacity as required to provide the short circuit current rating indicated. b.Fully Rated Systems: Provide circuit breakers with interrupting capacity not less than the short circuit current rating indicated. 3.Conductor Terminations: a.Provide compression lugs. b.Lug Material: Copper,suitable for terminating copper conductors only. 4.Thermal Magnetic Circuit Breakers: For each pole,furnish thermal inverse time tripping element for overload protection and magnetic instantaneous tripping element for short circuit protection. a.Provide field-adjustable magnetic instantaneous trip setting for circuit breaker frame sizes 100 amperes and larger. 5.Electronic Trip Circuit Breakers: Furnish solid state,microprocessor-based,true rms sensing trip units. 6.Provide electronic trip circuit breakers for circuit breaker frame sizes larger than 250 amperes. a.Provide the following individually field-adjustable trip response settings: 1)Long time pickup,adjustable by setting dial. 2)Long time delay. 3)Short time pickup and delay. 4)Instantaneous pickup. 5)Ground fault pickup and delay where ground fault protection is indicated. 7.Do not use handle ties in lieu of multi-pole circuit breakers. 8.Provide multi-pole circuit breakers for multi-wire branch circuits as required by NFPA 70. 9.Provide the following features and accessories where indicated or where required to complete installation: a.Shunt Trip: Provide coil voltage as required for connection to indicated trip actuator. b.Handle Pad-Lock Provision: For locking circuit breaker handle in OFF position. 1)Provide handle locks for all breakers serving fire alarm equipment or elevator emergency communication systems.Handle locks shall be Space Age Electronics ELOCK series or approved equal. PART 3 EXECUTION 3.01 EXAMINATION A.Verify that field measurements are as indicated. B.Verify that the ratings and configurations of the panelboards and associated components are consistent with the indicated requirements. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Panelboards 26 24 16 - 5 C.Verify that mounting surfaces are ready to receive panelboards. D.Verify that conditions are satisfactory for installation prior to starting work. 3.02 INSTALLATION A.Perform work in accordance with NECA 1 (general workmanship). B.Install products in accordance with manufacturer's instructions. C.Install panelboards securely,in a neat and workmanlike manner. D.Arrange equipment to provide at least clearances in accordance with manufacturer's instructions and NFPA 70. E.Provide required support and attachment in accordance with Section 26 05 29. F.Install panelboards plumb. G.Mount panelboards such that the highest position of any operating handle for circuit breakers or switches does not exceed 79 inches above the floor or working platform. H.Provide grounding and bonding in accordance with Section 26 05 26. I.Install all field-installed branch devices,components,and accessories. J.Set field-adjustable circuit breaker tripping function settings as directed.If a power system study is included in the contract,set breakers according to the recommendations made in the study. K.Provide filler plates to cover unused spaces in panelboards. L.Provide circuit breaker lock-on devices to prevent unauthorized personnel from de-energizing essential loads where indicated.Also provide for the following: 1.Emergency and night lighting circuits. 2.Fire detection and alarm circuits. M.Identify panelboards in accordance with Section 26 05 53. 3.03 FIELD QUALITY CONTROL A.Molded Case Circuit Breakers: Perform inspections and tests listed in NETA ATS,Section 7.6.1.1 for all main circuit breakers and circuit breakers larger than 600 amperes.Tests listed as optional are not required. 1.Verify equipment nameplate is in accorance with contract documents. 2.Inspect physical and mechanical condition. 3.Inspect anchorage and anlignment. 4.Verify unit is clean. 5.Operate breaker to enusre smooth operation. 6.Perform breaker adjustamants in accorance with the power system study. 7.Perform resistance measurements through bolted connectionswith a low-resistance ohmmeter. 8.Perform insulation-resistance test for one minute on each pole,phase-to-phase and phase- to-ground with circuit breaker closed. 9.Perform contact/pole resistance test. 10.Determine long-time and short time pickup and delay settings by primary current injection. 11.Determine ground fault pickup and time delay by primary current injection. B.Ground Fault Protection Systems: Test in accordance with manufacturer's instructions as required by NFPA 70. C.Test GFCI circuit breakers to verify proper operation. D.Test AFCI circuit breakers to verify proper operation. E.Test shunt trips to verify proper operation. F.Correct deficiencies and replace damaged or defective panelboards or associated components. G.For Services and feeders 1000 amperes and larger,and any installation utilizing selective coordination,the following test should be performed on the circuit breakers.Testing shall be Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Panelboards 26 24 16 - 6 performed by a qualified manufacturer's factory technician at the job site.All readings shall be tabulated. 1.Phase Tripping tolerance (within 20%of UL requirements). 2.Trip time (per phase)in seconds. 3.Instantaneous trip (amps)per phase. 4.Insulation resistance (in megohms)at 1000-volts DC (phase to phase,and line to load). 3.04 ADJUSTING A.Adjust tightness of mechanical and electrical connections to manufacturer's recommended torque settings. B.Adjust alignment of panelboard fronts. C.Load Balancing: For each panelboard,rearrange circuits such that the difference between each measured steady state phase load does not exceed 20 percent and adjust circuit directories accordingly. Maintain proper phasing for multi-wire branch circuits. 3.05 CLEANING A.Clean dirt and debris from panelboard enclosures and components according to manufacturer's instructions. B.Repair scratched or marred exterior surfaces to match original factory finish. END OF SECTION 26 24 16 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Fuses 26 28 13 - 1 SECTION 26 28 13 FUSES PART 1 GENERAL 1.01 SECTION INCLUDES A.Fuses. B.Spare fuse cabinet. 1.02 REFERENCE STANDARDS A.NFPA 70 -National Electrical Code;Most Recent Edition Adopted by Authority Having Jurisdiction, Including All Applicable Amendments and Supplements. B.UL 248-4 -Low-Voltage Fuses -Part 4:Class CC Fuses;Current Edition,Including All Revisions. C.UL 248-8 -Low-Voltage Fuses -Part 8:Class J Fuses;Current Edition,Including All Revisions. D.UL 248-10 -Low-Voltage Fuses -Part 10:Class L Fuses;Current Edition,Including All Revisions. E.UL 248-12 -Low-Voltage Fuses -Part 12:Class R Fuses;Current Edition,Including All Revisions. F.UL 248-15 -Low-Voltage Fuses -Part 15:Class T Fuses;Current Edition,Including All Revisions. 1.03 ADMINISTRATIVE REQUIREMENTS A.Coordination: 1.Coordinate fuse clips furnished in equipment provided under other sections for compatibility with indicated fuses. 2.Coordinate fuse requirements according to manufacturer's recommendations and nameplate data for actual equipment to be installed. 3.Notify Architect of any conflicts with or deviations from Contract Documents.Obtain direction before proceeding with work. 1.04 SUBMITTALS A.Product Data: Provide manufacturer's standard data sheets including voltage and current ratings, interrupting ratings,time-current curves,and current limitation curves. 1.Spare Fuse Cabinet: Include dimensions. B.Maintenance Materials: Furnish the following for Owner's use in maintenance of project. 1.See Section 01 60 00 -Product Requirements,for additional provisions. 2.Extra Fuses: One set(s)of three for each type and size installed. 3.Fuse Pullers: One set(s)compatible with each type and size installed. 4.Spare Fuse Cabinet Keys: Two. 1.05 QUALITY ASSURANCE A.Comply with requirements of NFPA 70. B.Product Listing Organization Qualifications: Third party agencies shall be amongst those accredited by the NCBCC (North Carolina Building Code Council)to label Electrical and Mechanical Equipment. PART 2 PRODUCTS 2.01 MANUFACTURERS A.Bussmann,a division of Eaton Corporation. B.Littelfuse,Inc. C.Mersen. D.Approved equal. 2.02 FUSES A.Provide products listed,classified,and labeled as suitable for the purpose intended. B.Unless specifically indicated to be excluded,provide fuses for all fusible equipment as required for a complete operating system. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Fuses 26 28 13 - 2 C.Provide fuses of the same type,rating,and manufacturer within the same switch. D.Comply with UL 248-1. E.Unless otherwise indicated,provide cartridge type fuses complying with NEMA FU 1,Class and ratings as indicated. F.Voltage Rating: Suitable for circuit voltage. G.Selectivity: Where the requirement for selectivity is indicated,furnish products as required to achieve selective coordination. H.Provide the following accessories where indicated or where required to complete installation: 1.Fuseholders: Compatible with indicated fuses. 2.03 SPARE FUSE CABINET A.Description: Wall-mounted sheet metal cabinet with shelves and hinged door with cylinder lock, suitably sized to store spare fuses and fuse pullers specified. B.Cabinet shall be located in the main electrical room unless otherwise indicated by owner. C.Finish: Manufacturer's standard,factory applied grey finish unless otherwise indicated. PART 3 EXECUTION 3.01 EXAMINATION A.Verify that fuse ratings are consistent with circuit voltage and manufacturer's recommendations and nameplate data for equipment. B.Verify that mounting surfaces are ready to receive spare fuse cabinet. C.Verify that conditions are satisfactory for installation prior to starting work. 3.02 INSTALLATION A.Do not install fuses until circuits are ready to be energized. B.Install fuses with label oriented such that manufacturer,type,and size are easily read. C.Install spare fuse cabinet where indicated. D.Identify spare fuse cabinet in accordance with Section 26 05 53. END OF SECTION 26 28 13 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Enclosed Circuit Breakers 26 28 16.13 - 1 SECTION 26 28 16.13 ENCLOSED CIRCUIT BREAKERS PART 2 PRODUCTS 1.01 ENCLOSED CIRCUIT BREAKERS A.Description: Units consisting of molded case circuit breakers individually mounted in enclosures. B.Provide products listed,classified,and labeled as suitable for the purpose intended. C.Unless otherwise indicated,provide products suitable for continuous operation under the following service conditions: 1.Altitude: Less than 6,600 feet. 2.Ambient Temperature: Between 23 degrees F and 104 degrees F. D.Short Circuit Current Rating: E.Conductor Terminations: Suitable for use with the conductors to be installed. F.Provide solidly bonded equipment ground bus in each enclosed circuit breaker,with a suitable lug for terminating each equipment grounding conductor. G.Enclosures: Comply with NEMA 250,and list and label as complying with UL 50 and UL 50E. 1.Environment Type per NEMA 250:Unless otherwise indicated,as specified for the following installation locations: H.Provide externally operable handle with means for locking in the OFF position. 1.02 MOLDED CASE CIRCUIT BREAKERS A.Description: Quick-make,quick-break,over center toggle,trip-free,trip-indicating circuit breakers listed and labeled as complying with UL 489,and complying with FS W-C-375 where applicable; ratings,configurations,and features as indicated on the drawings. B.Interrupting Capacity: 1.Provide circuit breakers with interrupting capacity as required to provide the short circuit current rating indicated,but not less than: 2.Fully Rated Systems: Provide circuit breakers with interrupting capacity not less than the short circuit current rating indicated. C.Conductor Terminations: 1.Lug Material: Aluminum,suitable for terminating aluminum or copper conductors. D.Multi-Pole Circuit Breakers: Furnish with common trip for all poles. END OF SECTION 26 28 16.13 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Enclosed Switches and Circuit Breakers 26 28 16.16 - 1 SECTION 26 28 16.16 ENCLOSED SWITCHES AND CIRCUIT BREAKERS PART 1 GENERAL 1.01 SECTION INCLUDES A.Enclosed safety switches. B.Enclosed circuit breakers. 1.02 REFERENCE STANDARDS A.NFPA 70 -National Electrical Code;Most Recent Edition Adopted by Authority Having Jurisdiction, Including All Applicable Amendments and Supplements. B.UL 489 -Molded-Case Circuit Breakers,Molded-Case Switches and Circuit Breaker Enclosures; Current Edition,Including All Revisions. 1.03 ADMINISTRATIVE REQUIREMENTS A.Coordination: 1.Coordinate the work with other trades. Avoid placement of ductwork,piping,equipment,or other potential obstructions within the dedicated equipment spaces and within working clearances for electrical equipment required by NFPA 70. 2.Coordinate arrangement of electrical equipment with the dimensions and clearance requirements of the actual equipment to be installed. 3.Verify with manufacturer that conductor terminations are suitable for use with the conductors to be installed. 4.Notify Architect of any conflicts with or deviations from Contract Documents.Obtain direction before proceeding with work. 1.04 SUBMITTALS A.Product Data: Provide manufacturer's standard catalog pages and data sheets for enclosed switches and other installed components and accessories. B.Shop Drawings: Indicate outline and support point dimensions,voltage and current ratings,short circuit current ratings,conduit entry locations,conductor terminal information,and installed features and accessories. 1.Include wiring diagrams showing all factory and field connections. 2.Contractor shall confirm that all lug sizes and quantities submitted are compatible with the conductors specified on the contract documents.Changes required to lug sizes and quantities due to lack of coordination between the contractor and the supplier are to be made at the contractor's expense. 3.It is the contractor's responsibility to ensure that the equipment submitted to comply with the requirements of this section are in compliance with the requirements and recommendations of the power system studies.Any changes recommended by the power system study shall be incorporated at no expense to the project. C.Field Quality Control Test Reports. D.Manufacturer's Installation Instructions: Indicate application conditions and limitations of use stipulated by product testing agency. Include instructions for storage,handling,protection, examination,preparation,installation,and starting of product. E.Project Record Documents: Record actual locations of enclosed switches or circuit breakers. F.Maintenance Data: Include information on replacement parts and recommended maintenance procedures and intervals. 1.05 QUALITY ASSURANCE A.Comply with requirements of NFPA 70. B.Maintain at the project site a copy of each referenced document that prescribes execution requirements. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Enclosed Switches and Circuit Breakers 26 28 16.16 - 2 C.Product Listing Organization Qualifications: Third party agencies shall be amongst those accredited by the NCBCC (North Carolina Building Code Council)to label Electrical and Mechanical Equipment. 1.06 DELIVERY,STORAGE,AND HANDLING A.Store in a clean,dry space. Maintain factory wrapping or provide an additional heavy canvas or heavy plastic cover to protect units from dirt,water,construction debris,and traffic. B.Handle carefully in accordance with manufacturer's written instructions to avoid damage to enclosed switch internal components,enclosure,and finish. 1.07 FIELD CONDITIONS A.Maintain ambient temperature between 23 degrees F and 104 degrees F during and after installation of enclosed circuit breakers. PART 2 PRODUCTS 2.01 MANUFACTURERS A.ABB/GE;______: www.geindustrial.com/#sle. B.Eaton Corporation. C.Schneider Electric;Square D Products. D.Source Limitations: Furnish enclosed switches and associated components produced by the same manufacturer as the other electrical distribution equipment used for this project and obtained from a single supplier. 2.02 ENCLOSED SAFETY SWITCHES A.Description: Quick-make,quick-break enclosed safety switches listed and labeled as complying with UL 98;heavy duty;ratings,configurations,and features as indicated on the drawings. B.Provide products listed,classified,and labeled as suitable for the purpose intended. C.All switches shall be heavy duty type. D.Unless otherwise indicated,provide products suitable for continuous operation under the following service conditions: 1.Altitude: Less than 6,600 feet. 2.Ambient Temperature:Between -22 degrees F and 104 degrees F. E.Horsepower Rating: Suitable for connected load. F.Voltage Rating: Suitable for circuit voltage. G.Auxilary Contacts:Suitable for 120v rated control circuit.Contractor is to provide auxilary contacts in any disconnecting means that is downstream from a frequency drive.aux contacts shall be mechanically tied to switching mechanisims and shall provide both a N.O.and N.C.contacts.verify with DIV 23 prior to ordering equipment. H.Short Circuit Current Rating: 1.Provide enclosed safety switches,when protected by the fuses or supply side overcurrent protective devices to be installed,with listed short circuit current rating not less than the available fault current at the installed location as indicated on the drawings. 2.When a power system study is included in the contract,confirm the short circuit current rating of all devices with the results of the study prior to submitting for approval. I.Enclosed Safety Switches Used for Service Entrance: Listed and labeled as suitable for use as service equipment according to UL 869A. J.Provide with switch blade contact position that is visible when the cover is open. K.Fuse Clips for Fusible Switches: As required to accept fuses indicated. 1.Where NEMA Class R fuses are installed,provide rejection feature to prevent installation of fuses other than Class R. L.Conductor Terminations: Suitable for use with the conductors to be installed. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Enclosed Switches and Circuit Breakers 26 28 16.16 - 3 M.Provide insulated,groundable fully rated solid neutral assembly where a neutral connection is required,with a suitable lug for terminating each neutral conductor. N.Provide solidly bonded equipment ground bus in each enclosed safety switch,with a suitable lug for terminating each equipment grounding conductor. O.Enclosures: Comply with NEMA 250,and list and label as complying with UL 50 and UL 50E. 1.Environment Type per NEMA 250:As indicated on the drawings. 2.Finish for Painted Steel Enclosures: Manufacturer's standard,factory applied grey unless otherwise indicated. P.Provide safety interlock to prevent opening the cover with the switch in the ON position with capability of overriding interlock for testing purposes. Q.Heavy Duty Switches: 1.Comply with NEMA KS 1. 2.Conductor Terminations: a.Provide mechanical lugs for switch ratings less than 400 amperes. b.Provide compression lugs for switch ratings 400 amperes and above. c.Lug Material: Copper,suitable for terminating copper conductors only. 3.Provide externally operable handle with means for locking in the OFF position,capable of accepting three padlocks. 2.03 ENCLOSED CIRCUIT BREAKERS A.Description: Units consisting of molded case circuit breakers individually mounted in enclosures. B.Provide products listed,classified,and labeled as suitable for the purpose intended. C.Unless otherwise indicated,provide products suitable for continuous operation under the following service conditions: 1.Altitude: Less than 6,600 feet. 2.Ambient Temperature: Between 23 degrees F and 104 degrees F. D.Short Circuit Current Rating: 1.Provide enclosed circuit breakers with listed short circuit current rating not less than the available fault current at the installed location indicated on the drawings. E.Enclosed Circuit Breakers Used for Service Entrance: Listed and labeled as suitable for use as service equipment according to UL 869A. F.Auxilary Contacts:Suitable for 120v rated control circuit.Contractor is to provide auxilary contacts in any disconnecting means that is downstream from a frequency drive.aux contacts shall be mechanically tied to switching mechanisims and shall provide both a N.O.and N.C.contacts.verify with DIV 23 prior to ordering equipment. G.Conductor Terminations: Suitable for use with the conductors to be installed. H.Provide thermal magnetic circuit breakers for circuit breaker frame sizes less than 250 amperes. I.Provide electronic trip circuit breakers for circuit breaker frame sizes 250 amperes and above. J.Provide insulated,groundable fully rated solid neutral assembly where a neutral connection is required,with a suitable lug for terminating each neutral conductor. K.Provide solidly bonded equipment ground bus in each enclosed circuit breaker,with a suitable lug for terminating each equipment grounding conductor. L.Enclosures: Comply with NEMA 250,and list and label as complying with UL 50 and UL 50E. 1.Environment Type per NEMA 250:As indicated on the drawings. 2.Finish for Painted Steel Enclosures: Manufacturer's standard,factory applied grey unless otherwise indicated. 3.Provide surface-mounted enclosures unless otherwise indicated. M.Provide externally operable handle with means for locking in the OFF position. N.Ground Fault Protection: Where ground-fault protection is indicated,provide system listed and labeled as complying with UL 1053. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Enclosed Switches and Circuit Breakers 26 28 16.16 - 4 1.Where electronic circuit breakers equipped with integral ground fault protection are used, provide separate neutral current sensor where applicable. O.Selectivity: Where the requirement for selectivity is indicated,furnish products as required to achieve selective coordination. P.MOLDED CASE CIRCUIT BREAKERS 1.Description: Quick-make,quick-break,over center toggle,trip-free,trip-indicating circuit breakers listed and labeled as complying with UL 489,and complying with FS W-C-375 where applicable;ratings,configurations,and features as indicated on the drawings. 2.Interrupting Capacity: a.Provide circuit breakers with interrupting capacity as required to provide the short circuit current rating indicated. b.Fully Rated Systems: Provide circuit breakers with interrupting capacity not less than the short circuit current rating indicated.Series rating is not allowed. 3.Conductor Terminations: a.Provide mechanical lugs for circuit breaker frame sizes less than 400 amperes. b.Provide compression lugs for circuit breaker frame sizes 400 amperes and above. c.Lug Material: Copper,suitable for terminating copper conductors only. 4.Thermal Magnetic Circuit Breakers: For each pole,furnish thermal inverse time tripping element for overload protection and magnetic instantaneous tripping element for short circuit protection. a.Provide field-adjustable magnetic instantaneous trip setting for circuit breaker frame sizes 100 amperes and larger. 5.Electronic Trip Circuit Breakers: Furnish solid state,microprocessor-based,true rms sensing trip units. a.Provide the following individually field-adjustable trip response settings: 1)Long time pickup,adjustable by setting dial. 2)Long time delay. 3)Short time pickup and delay. 4)Instantaneous pickup. 5)Ground fault pickup and delay where ground fault protection is indicated. 6.Multi-Pole Circuit Breakers: Furnish with common trip for all poles. PART 3 EXECUTION 3.01 EXAMINATION A.Verify that field measurements are as indicated. B.Verify that the ratings of the enclosed switches are consistent with the indicated requirements. C.Verify that mounting surfaces are ready to receive enclosed safety switches. D.Verify that conditions are satisfactory for installation prior to starting work. 3.02 INSTALLATION A.Install products in accordance with manufacturer's instructions. B.Install enclosed switches securely,in a neat and workmanlike manner. C.Arrange equipment to provide minimum clearances in accordance with manufacturer's instructions and NFPA 70. D.Provide required support and attachment in accordance with Section 26 05 29. E.Install enclosed switches and breakers plumb. F.Except where indicated to be mounted adjacent to the equipment they supply,mount enclosed switches such that the highest position of the operating handle does not exceed 79 inches above the floor or working platform. G.Provide grounding and bonding in accordance with Section 26 05 26. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Enclosed Switches and Circuit Breakers 26 28 16.16 - 5 H.Provide fuses complying with Section 26 28 13 for fusible switches as indicated or as required by equipment manufacturer's recommendations. I.Set field-adjustable circuit breaker tripping function settings as directed. J.Where accessories are not self-powered,provide control power source as indicated or as required to complete installation. K.Identify enclosed switches and breakers in accordance with Section 26 05 53. 3.03 FIELD QUALITY CONTROL A.Perform inspections and tests listed in NETA ATS,Section 7.5.1.1 for breakers larger than 600A. 1.Verify equipment nameplate is in accorance with contract documents. 2.Inspect physical and mechanical condition. 3.Inspect anchorage and anlignment. 4.Verify unit is clean. 5.Operate breaker to enusre smooth operation. 6.Perform breaker adjustments in accorance with the power system study. 7.Perform resistance measurements through bolted connectionswith a low-resistance ohmmeter. 8.Perform insulation-resistance test for one minute on each pole,phase-to-phase and phase- to-ground with circuit breaker closed. 9.Perform contact/pole resistance test. 10.Determine long-time and short time pickup and delay settings by primary current injection. 11.Determine ground fault pickup and time delay by primary current injection. B.Correct deficiencies and replace damaged or defective enclosed safety switches or associated components. 3.04 ADJUSTING A.Adjust tightness of mechanical and electrical connections to manufacturer's recommended torque settings. 3.05 CLEANING A.Clean dirt and debris from switch enclosures and components according to manufacturer's instructions. B.Repair scratched or marred exterior surfaces to match original factory finish. END OF SECTION 26 28 16.16 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Engine Generators 26 32 13 - 1 SECTION 26 32 13 ENGINE GENERATORS PART 1 GENERAL 1.01 RELATED REQUIREMENTS A.Section 03 30 00 -Cast-in-Place Concrete: Concrete equipment pads. B.Section 23 11 23 -Facility Natural-Gas Piping. C.Section 23 51 00 -Breechings,Chimneys,and Stacks: Engine exhaust piping. D.Section 26 05 26 -Grounding and Bonding for Electrical Systems. E.Section 26 05 29 -Hangers and Supports for Electrical Systems. F.Section 26 05 48 -Vibration and Seismic Controls for Electrical Systems. G.Section 26 05 53 -Identification for Electrical Systems: Identification products and requirements. H.Section 26 36 00 -Transfer Switches. 1.02 REFERENCE STANDARDS A.NECA 1 -Standard for Good Workmanship in Electrical Construction;2015. B.NECA/EGSA 404 -Standard for Installing Generator Sets;2014. C.NEMA MG 1 -Motors and Generators;2018. D.NFPA 37 -Standard for the Installation and Use of Stationary Combustion Engines and Gas Turbines;2021. E.NFPA 70 -National Electrical Code;Most Recent Edition Adopted by Authority Having Jurisdiction, Including All Applicable Amendments and Supplements. F.NFPA 99 -Health Care Facilities Code;2021,with Amendment. G.NFPA 110 -Standard for Emergency and Standby Power Systems;2022. H.UL 1236 -Battery Chargers for Charging Engine-Starter Batteries;Current Edition,Including All Revisions. I.UL 2200 -Stationary Engine Generator Assemblies;Current Edition,Including All Revisions. 1.03 ADMINISTRATIVE REQUIREMENTS A.Coordination: 1.Coordinate compatibility of generator sets to be installed with work provided under other sections or by others. a.Transfer Switches: See Section 26 36 00. 2.Coordinate the work with other trades to avoid placement of ductwork,piping,equipment or other potential obstructions within the spaces dedicated for engine generator system. 3.Coordinate arrangement of equipment with the dimensions and clearance requirements of the actual equipment to be installed. 4.Coordinate the work to provide electrical circuits suitable for the power requirements of the actual auxiliary equipment and accessories to be installed. 5.Notify Architect of any conflicts with or deviations from Contract Documents.Obtain direction before proceeding with work. 1.04 SUBMITTALS A.See Section 01 30 00 -Administrative Requirements,for submittal procedures. B.Product Data: Provide manufacturer's standard catalog pages and data sheets for each product, including ratings,configurations,dimensions,finishes,weights,service condition requirements, and installed features.Include alternator starting capabilities,engine fuel consumption rates,and cooling,combustion air,and exhaust requirements. 1.Include generator set sound level test data. 2.Include characteristic trip curves for overcurrent protective devices upon request. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Engine Generators 26 32 13 - 2 C.Shop Drawings: Include dimensioned plan views and sections indicating locations of system components,required clearances,and field connection locations.Include system interconnection schematic diagrams showing all factory and field connections. D.Manufacturer's equipment seismic qualification certification. E.Derating Calculations: Indicate ratings adjusted for applicable service conditions. F.Specimen Warranty: Submit sample of manufacturer's warranty. G.Evidence of qualifications for installer. H.Evidence of qualifications for maintenance contractor (if different entity from installer). I.Manufacturer's Installation Instructions: Indicate application conditions and limitations of use stipulated by product testing agency. Include instructions for storage,handling,protection, examination,preparation,installation,and operation of product. J.Manufacturer's factory emissions certification. K.Manufacturer's certification that products meet or exceed specified requirements. L.Source quality control test reports. M.Provide NFPA 110 required documentation from manufacturer where requested by authorities having jurisdiction,including but not limited to: 1.Certified prototype tests. 2.Torsional vibration compatibility certification. 3.NFPA 110 compliance certification. 4.Certified rated load test at rated power factor. N.Manufacturer’s detailed field testing procedures. O.Field quality control test reports. P.Operation and Maintenance Data: Include detailed information on system operation,equipment programming and setup,replacement parts,and recommended maintenance procedures and intervals. 1.Include contact information for entity that will be providing contract maintenance and trouble call-back service. Q.Executed Warranty: Submit documentation of final executed warranty completed in Owner's name and registered with manufacturer. R.Maintenance contracts. S.Project Record Documents: Record actual locations of system components,installed circuiting arrangements and routing,and final equipment settings. T.Maintenance Materials: Furnish the following for Owner's use in maintenance of project. 1.See Section 01 60 00 -Product Requirements,for additional provisions. 2.Extra Fuses: One of each type and size. 3.Extra Filter Elements: One of each type,including fuel,oil and air. 1.05 QUALITY ASSURANCE A.Comply with the following: 1.NFPA 70 (National Electrical Code). 2.NFPA 37 (Standard for the Installation and Use of Stationary Combustion Engines and Gas Turbines). B.Installer Qualifications: Company specializing in performing the work of this section with minimum three years documented experience with engine generator systems of similar size,type,and complexity;manufacturer's authorized installer. C.Maintenance Contractor Qualifications: Same entity as installer or different entity with specified qualifications. 1.Contract maintenance office located within 200 miles of project site. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Engine Generators 26 32 13 - 3 D.Product Listing Organization Qualifications: An organization recognized by OSHA as a Nationally Recognized Testing Laboratory (NRTL)and acceptable to authorities having jurisdiction. 1.06 DELIVERY,STORAGE,AND HANDLING A.Receive,inspect,handle,and store generator sets in accordance with manufacturer's instructions and NECA/EGSA 404. B.Store in a clean,dry space. Maintain factory wrapping or provide an additional heavy canvas or heavy plastic cover to protect units from dirt,water,construction debris,and traffic. C.Handle carefully in accordance with manufacturer's instructions to avoid damage to generator set components,enclosure,and finish. 1.07 FIELD CONDITIONS A.Maintain field conditions within manufacturer's required service conditions during and after installation. 1.08 WARRANTY A.See Section 01 78 00 -Closeout Submittals,for additional warranty requirements. PART 2 PRODUCTS 2.01 MANUFACTURERS A.Packaged Engine Generator Set -Basis of Design: Kohler KG45. B.Packaged Engine Generator Set-Other Acceptable Manufacturers: 1.Caterpillar Inc: www.cat.com/#sle. 2.Cummins Power Generation Inc: 3.Kohler Co: www.kohlerpower.com/#sle. C.Products other than basis of design are subject to compliance with specified requirements and prior approval of Engineer.By using products other than basis of design,Contractor accepts responsibility for costs associated with any necessary modifications to related work,including any design fees. D.Source Limitations: Furnish engine generator sets and associated components and accessories produced by a single manufacturer and obtained from a single supplier. 2.02 PACKAGED ENGINE GENERATOR SYSTEM A.Provide new engine generator system consisting of all required equipment,sensors,conduit, boxes,wiring,piping,supports,accessories,system programming,etc.as necessary for a complete operating system that provides the functional intent indicated. B.Provide products listed,classified,and labeled as suitable for the purpose intended. C.System Description: 1.Application: Standby. 2.Configuration: Single packaged engine generator set operated independently (not in parallel). D.Packaged Engine Generator Set: 1.Type: Gaseous (spark ignition). 2.Power Rating: As indicated on drawings,standby. 3.Voltage: As indicated on drawings. E.Generator Set General Requirements: 1.Prototype tested in accordance with NFPA 110 for Level 1 systems. 2.Factory-assembled,with components mounted on suitable base. 3.List and label engine generator assembly as complying with UL 2200. 4.Power Factor: Unless otherwise indicated,specified power ratings are at 0.8 power factor for three phase voltages and 1.0 power factor for single phase voltages. 5.Provide suitable guards to protect personnel from accidental contact with rotating parts,hot piping,and other potential sources of injury. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Engine Generators 26 32 13 - 4 F.Service Conditions: Provide engine generator system and associated components suitable for operation under the service conditions at the installed location. G.Starting and Load Acceptance Requirements: 1.Cranking Method: Cycle cranking complying with NFPA 110 (15 second crank period, followed by 15 second rest period,with cranking limiter time-out after 3 cycles),unless otherwise required. 2.Cranking Limiter Time-Out: If generator set fails to start after specified cranking period, indicate overcrank alarm condition and lock-out generator set from further cranking until manually reset. 3.Start Time: Capable of starting and achieving conditions necessary for load acceptance within 10 seconds (NFPA 110,Type 10). 4.Maximum Load Step: Supports 100 percent of rated load in one step. H.Exhaust Emissions Requirements: 1.Comply with federal (EPA),state,and local regulations applicable at the time of commissioning;include factory emissions certification with submittals. 2.Do not make modifications affecting generator set factory emissions certification without approval of manufacturer and Engineer.Where such modifications are made,provide field emissions testing as necessary for certification. 2.03 ENGINE AND ENGINE ACCESSORY EQUIPMENT A.Provide engine with adequate horsepower to achieve specified power output at rated speed, accounting for alternator efficiency and parasitic loads. B.Engine Fuel System -Gaseous (Spark Ignition): 1.Fuel Source: Natural gas. 2.Engine Fuel Connections: Provide suitable,approved flexible fuel lines for coupling engine to fuel source. 3.Provide components/features indicated and as necessary for operation and/or required by applicable codes,including but not limited to: a.Carburetor. b.Gas pressure regulators. c.Fuel shutoff control valves. d.Low gas pressure switches. C.Engine Starting System: 1.System Type: Electric,with DC solenoid-activated starting motor(s). 2.Battery(s): a.Battery Type: Lead-acid. b.Battery Capacity: Size according to manufacturer's recommendations for achieving starting and load acceptance requirements under worst case ambient temperature; capable of providing cranking through two complete periods of cranking limiter time-outs without recharging. c.Provide battery rack,cables,and connectors suitable for the supplied battery(s);size battery cables according to manufacturer's recommendations for cable length to be installed. 3.Battery-Charging Alternator: Engine-driven,with integral solid-state voltage regulation. 4.Battery Charger: a.Provide dual rate battery charger with automatic float and equalize charging modes and minimum rating of 10 amps;suitable for maintaining the supplied battery(s)at full charge without manual intervention. b.Capable of returning supplied battery(s)from fully discharged to fully charged condition within 24 hours,as required by NFPA 110 for Level 1 applications while carrying normal loads. c.Recognized as complying with UL 1236. d.Furnished with integral overcurrent protection;current limited to protect charger during engine cranking;reverse polarity protection. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Engine Generators 26 32 13 - 5 e.Provide integral DC output ammeter and voltmeter with five percent accuracy. f.Provide alarm output contacts as necessary for alarm indications. 5.Battery Heater: Provide thermostatically controlled battery heater to improve starting under cold ambient conditions. D.Engine Speed Control System (Governor): 1.Single Engine Generator Sets (Not Operated in Parallel): Provide electronic isochronous governor for controlling engine speed/alternator frequency. 2.Frequency Regulation,Electronic Isochronous Governors: No change in frequency from no load to full load;plus/minus 0.25 percent at steady state. E.Engine Lubrication System: 1.System Type: Full pressure,with engine-driven,positive displacement lubrication oil pump, replaceable full-flow oil filter(s),and dip-stick for oil level indication.Provide oil cooler where recommended by manufacturer. F.Engine Cooling System: 1.System Type: Closed-loop,liquid-cooled,with unit-mounted radiator/fan and engine-driven coolant pump;suitable for providing adequate cooling while operating at full load under worst case ambient temperature. 2.Fan Guard: Provide suitable guard to protect personnel from accidental contact with fan. G.Engine Air Intake and Exhaust System: 1.Air Intake Filtration: Provide engine-mounted,replaceable,dry element filter. 2.Engine Exhaust Connection: Provide suitable,approved flexible connector for coupling engine to exhaust system. 2.04 ALTERNATOR (GENERATOR) A.Alternator: 4-pole,1800 rpm (60 Hz output)revolving field,synchronous generator complying with NEMA MG 1;connected to engine with flexible coupling;voltage output configuration as indicated, with reconnectable leads for 3 phase alternators. B.Exciter: 1.Exciter Type: Brushless;provide permanent magnet generator (PMG)excitation system; self-excited (shunt)systems are not permitted. 2.PMG Excitation Short-Circuit Current Support: Capable of sustaining 300 percent of rated output current for 10 seconds. 3.Voltage Regulation (with PMG excitation): Plus/minus 0.5 percent for any constant load from no load to full load. C.Temperature Rise: Comply with UL 2200. D.Insulation System: NEMA MG 1,Class H;suitable for alternator temperature rise. E.Enclosure: NEMA MG 1,drip-proof. F.Total Harmonic Distortion: Not greater than five percent. 2.05 GENERATOR SET CONTROL SYSTEM A.Provide microprocessor-based control system for automatic control,monitoring,and protection of generator set.Include sensors,wiring,and connections necessary for functions/indications specified. B.Control Panel: 1.Control Panel Mounting: Unit-mounted unless otherwise indicated;vibration isolated. 2.Generator Set Control Functions: a.Automatic Mode: Initiates generator set start/shutdown upon receiving corresponding signal from remote device (e.g.automatic transfer switch). b.Manual Mode: Initiates generator set start/shutdown upon direction from operator. c.Reset Mode: Clears all faults,allowing generator set restart after a shutdown. d.Emergency Stop: Immediately shuts down generator set (without time delay)and prevents automatic restarting until manually reset. e.Cycle Cranking: Programmable crank time,rest time,and number of cycles. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Engine Generators 26 32 13 - 6 f.Time Delay: Programmable for shutdown (engine cooldown)and start (engine warmup). g.Voltage Adjustment: Adjustable through range of plus/minus 5 percent. 3.Generator Set Status Indications: a.Voltage (Volts AC): Line-to-line,line-to-neutral for each phase. b.Current (Amps): For each phase. c.Frequency (Hz). d.Real power (W/kW). e.Reactive power (VAR/kVAR). f.Apparent power (VA/kVA). g.Power factor. h.Duty Level: Actual load as percentage of rated power. i.Engine speed (RPM). j.Battery voltage (Volts DC). k.Engine oil pressure. l.Engine coolant temperature. m.Engine run time. n.Generator powering load (position signal from transfer switch). 4.Generator Set Protection and Warning/Shutdown Indications: a.Comply with NFPA 110;configurable for NFPA 110 Level 1 or Level 2,or NFPA 99 systems including but not limited to the following protections/indications: 1)Overcrank (shutdown). 2)Low coolant temperature (warning). 3)High coolant temperature (warning). 4)High coolant temperature (shutdown). 5)Low oil pressure (shutdown). 6)Overspeed (shutdown). 7)Low fuel level (warning). 8)Low coolant level (warning/shutdown). 9)Generator control not in automatic mode (warning). 10)High battery voltage (warning). 11)Low cranking voltage (warning). 12)Low battery voltage (warning). 13)Battery charger failure (warning). b.In addition to NFPA 110 requirements,provide the following protections/indications: 1)High AC voltage (shutdown). 2)Low AC voltage (shutdown). 3)High frequency (shutdown). 4)Low frequency (shutdown). 5)Overcurrent (shutdown). c.Provide contacts for local and remote common alarm. d.Provide lamp test function that illuminates all indicator lamps. 5.Other Control Panel Features: a.Event log. b.Communications Capability: Coordinate with Owner. Provide all accessories necessary for proper interface. c.Remote monitoring capability via PC. C.Remote Annunciator: 1.Remote Annunciator Mounting: Wall-mounted;Provide flush-mounted annunciator for finished areas and surface-mounted annunciator for non-finished areas unless otherwise indicated. 2.Generator Set Status Indications: a.Generator powering load (via position signal from transfer switch). b.Communication functional. 3.Generator Set Warning/Shutdown Indications: Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Engine Generators 26 32 13 - 7 a.Comply with NFPA 110;configurable for NFPA 110 Level 1 or Level 2,or NFPA 99 systems including but not limited to the following indications: 1)Overcrank (shutdown). 2)Low coolant temperature (warning). 3)High coolant temperature (warning). 4)High coolant temperature (shutdown). 5)Low oil pressure (shutdown). 6)Overspeed (shutdown). 7)Low fuel level (warning). 8)Low coolant level (warning/shutdown). 9)Generator control not in automatic mode (warning). 10)High battery voltage (warning). 11)Low cranking voltage (warning). 12)Low battery voltage (warning). 13)Battery charger failure (warning). b.Provide audible alarm with silence function. c.Provide lamp test function that illuminates all indicator lamps. D.Remote Emergency Stop: Provide approved red,mushroom style remote emergency stop button where indicated or required by authorities having jurisdiction. 2.06 GENERATOR SET ENCLOSURE A.Enclosure Type: Sound attenuating,weather protective. B.Enclosure Material: Steel or aluminum. C.Hardware Material: Stainless steel. D.Color: Manufacturer's standard. E.Access Doors: Lockable,with all locks keyed alike. F.Openings: Designed to prevent bird/rodent entry. G.External Drains: Extend oil and coolant drain lines to exterior of enclosure for maintenance service. H.Sound Attenuating Enclosures: Line enclosure with non-hydroscopic,self-extinguishing sound- attenuating material. I.Exhaust Silencers: Where exhaust silencers are mounted within enclosure in main engine compartment,insulate silencer to minimize heat dissipation as necessary for operation at rated load under worst case ambient temperature. J.Enclosure Space Heater: Provide thermostatically controlled enclosure space heater to prevent condensation and improve starting under cold ambient conditions;size according to manufacturer's recommendations for achieving starting and load acceptance requirements under worst case ambient temperature. 2.07 SOURCE QUALITY CONTROL A.See Section 01 40 00 -Quality Requirements,for additional requirements. B.Perform production tests on generator sets at factory to verify operation and performance characteristics prior to shipment.Include certified test report with submittals. C.Generator Set production testing to include,at a minimum: 1.Operation at rated load and rated power factor. 2.Single step load pick-up. 3.Transient and steady state voltage and frequency performance. 4.Operation of safety shutdowns. PART 3 EXECUTION 3.01 EXAMINATION A.Verify that field measurements are as indicated. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Engine Generators 26 32 13 - 8 B.Verify that the ratings and configurations of generator sets and auxiliary equipment are consistent with the indicated requirements. C.Verify that rough-ins for field connections are in the proper locations. D.Verify that mounting surfaces are ready to receive equipment. E.Verify that conditions are satisfactory for installation prior to starting work. 3.02 INSTALLATION A.Perform work in accordance with NECA 1 (general workmanship). B.Install products in accordance with manufacturer's instructions. C.Install generator sets and associated accessories in accordance with NECA/EGSA 404. D.Arrange equipment to provide minimum clearances and required maintenance access. E.Unless otherwise indicated,mount generator set on properly sized,minimum 6 inch high concrete pad constructed in accordance with Section 03 30 00. F.Provide required support and attachment in accordance with Section 26 05 29. G.Use manufacturer's recommended oil and coolant,suitable for the worst case ambient temperatures. H.Provide natural gas piping in accordance with Section 23 11 23. I.Provide engine exhaust piping in accordance with Section 23 51 00,where not factory installed. 1.Include piping expansion joints,piping insulation,thimble,condensation trap/drain,rain cap, hangers/supports,etc.as indicated or as required. 2.Do not exceed manufacturer's maximum back pressure requirements. J.Provide grounding and bonding in accordance with Section 26 05 26. K.Identify system wiring and components in accordance with Section 26 05 53. 3.03 FIELD QUALITY CONTROL A.See Section 01 40 00 -Quality Requirements,for additional requirements. B.Notify Owner and Architect at least two weeks prior to scheduled inspections and tests. C.Notify authorities having jurisdiction and comply with their requirements for scheduling inspections and tests and for observation by their personnel. D.Provide all equipment,tools,and supplies required to accomplish inspection and testing,including load bank and fuel. E.Preliminary inspection and testing to include,at a minimum: 1.Inspect each system component for damage and defects. 2.Verify tightness of mechanical and electrical connections are according to manufacturer's recommended torque settings. 3.Check for proper oil and coolant levels. F.Prepare and start system in accordance with manufacturer's instructions. G.Provide field emissions testing where necessary for certification. H.Correct defective work,adjust for proper operation,and retest until entire system complies with Contract Documents. 3.04 CLEANING A.Clean exposed surfaces to remove dirt,paint,or other foreign material and restore to match original factory finish. 3.05 CLOSEOUT ACTIVITIES A.Demonstration: Demonstrate proper operation of system to Owner,and correct deficiencies or make adjustments as directed. B.Training: Train Owner's personnel on operation,adjustment,and maintenance of system. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Engine Generators 26 32 13 - 9 1.Use operation and maintenance manual as training reference,supplemented with additional training materials as required. 2.Provide minimum of four hours of training. 3.Instructor: Manufacturer's authorized representative. 4.Location: At project site. 3.06 PROTECTION A.Protect installed engine generator system from subsequent construction operations. 3.07 MAINTENANCE A.See Section 01 70 00 -Execution and Closeout Requirements,for additional requirements relating to maintenance service. END OF SECTION 26 32 13 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Transfer Switches 26 36 00 - 1 SECTION 26 36 00 TRANSFER SWITCHES PART 1 GENERAL 1.01 SECTION INCLUDES A.Transfer switches for low-voltage (600 V and less)applications and associated accessories: 1.Automatic transfer switches 2.Includes service entrance rated transfer switches as indicated on plans. 3.Includes bypass/isolation transfer switches. 1.02 RELATED REQUIREMENTS A.Section 03 30 00 -Cast-in-Place Concrete: Concrete equipment pads. B.Section 26 05 26 -Grounding and Bonding for Electrical Systems. C.Section 26 05 29 -Hangers and Supports for Electrical Systems. D.Section 26 05 53 -Identification for Electrical Systems: Identification products and requirements. E.Section 26 32 13 -Engine Generators: For interface with transfer switches. 1.Includes code requirements applicable to work of this section. 2.Includes additional testing requirements. 3.Includes related demonstration and training requirements. 1.03 REFERENCE STANDARDS A.NECA 1 -Standard for Good Workmanship in Electrical Construction;2015. B.NEMA 250 -Enclosures for Electrical Equipment (1000 Volts Maximum);2020. C.NEMA ICS 10 Part 1 -Industrial Control and Systems Part 1: Electromechanical AC Transfer Switch Equipment;2020. D.NETA ATS -Standard For Acceptance Testing Specifications For Electrical Power Equipment And Systems;2021. E.NFPA 70 -National Electrical Code;Most Recent Edition Adopted by Authority Having Jurisdiction, Including All Applicable Amendments and Supplements. F.NFPA 110 -Standard for Emergency and Standby Power Systems;2022. G.UL 869A -Reference Standard for Service Equipment;Current Edition,Including All Revisions. H.UL 1008 -Transfer Switch Equipment;Current Edition,Including All Revisions. 1.04 ADMINISTRATIVE REQUIREMENTS A.Coordination: 1.Coordinate compatibility of transfer switches to be installed with work provided under other sections or by others. a.Engine Generators: See Section 26 32 13. 2.Coordinate the work with other trades to avoid placement of ductwork,piping,equipment,or other potential obstructions within the dedicated equipment spaces and working clearances required by NFPA 70. 3.Coordinate arrangement of equipment with the dimensions and clearance requirements of the actual equipment to be installed. 4.Coordinate the work with placement of supports,anchors,etc.required for mounting. 5.Notify Architect of any conflicts with or deviations from Contract Documents.Obtain direction before proceeding with work. B.Preinstallation Meeting: Convene one week before starting work of this section;require attendance of all affected installers. C.Where work of this section involves interruption of existing electrical service,arrange service interruption with Owner. 1.05 SUBMITTALS Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Transfer Switches 26 36 00 - 2 A.See Section 01 30 00 -Administrative Requirements,for submittal procedures. B.Product Data: Provide manufacturer's standard catalog pages and data sheets for each product, including ratings,configurations,dimensions,finishes,weights,service condition requirements, and installed features. C.Shop Drawings: Include dimensioned plan views and sections indicating locations of system components,required clearances,and field connection locations.Include system interconnection schematic diagrams showing all factory and field connections. D.Specimen Warranty: Submit sample of manufacturer's warranty. E.Evidence of qualifications for installer. F.Evidence of qualifications for maintenance contractor (if different entity from installer). G.Manufacturer's Installation Instructions: Indicate application conditions and limitations of use stipulated by product testing agency. Include instructions for storage,handling,protection, examination,preparation,installation,and operation of product. H.Manufacturer's certification that products meet or exceed specified requirements. I.Source quality control test reports. J.Manufacturer’s detailed field testing procedures. K.Field quality control test reports. L.Operation and Maintenance Data: Include detailed information on system operation,equipment programming and setup,replacement parts,and recommended maintenance procedures and intervals. 1.Include contact information for entity that will be providing contract maintenance and trouble call-back service. M.Executed Warranty: Submit documentation of final executed warranty completed in Owner's name and registered with manufacturer. N.Maintenance contracts. O.Project Record Documents: Record actual locations of system components,installed circuiting arrangements and routing,and final equipment settings. 1.06 QUALITY ASSURANCE A.Comply with the following: 1.NFPA 70 (National Electrical Code). 2.NFPA 110 (Standard for Emergency and Standby Power Systems);meet requirements for system Level specified in Section 26 32 13. B.Maintain at the project site a copy of each referenced document that prescribes execution requirements. C.Manufacturer Qualifications: Company specializing in manufacturing the products specified in this section with minimum three years documented experience. 1.Authorized service facilities located within 200 miles of project site. D.Installer Qualifications: Company specializing in performing the work of this section with minimum three years documented experience with power transfer systems of similar size,type,and complexity;manufacturer's authorized installer. E.Maintenance Contractor Qualifications: Same entity as installer or different entity with specified qualifications. 1.Contract maintenance office located within 200 miles of project site. F.Product Listing Organization Qualifications: An organization recognized by OSHA as a Nationally Recognized Testing Laboratory (NRTL)and acceptable to authorities having jurisdiction. 1.07 DELIVERY,STORAGE,AND HANDLING A.Receive,inspect,handle,and store transfer switches in accordance with manufacturer's instructions. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Transfer Switches 26 36 00 - 3 B.Store in a clean,dry space. Maintain factory wrapping or provide an additional heavy canvas or heavy plastic cover to protect units from dirt,water,construction debris,and traffic. C.Handle carefully in accordance with manufacturer's instructions to avoid damage to transfer switch components,enclosure,and finish. 1.08 FIELD CONDITIONS A.Maintain field conditions within manufacturer's required service conditions during and after installation. 1.09 WARRANTY A.See Section 01 78 00 -Closeout Submittals,for additional warranty requirements. PART 2 PRODUCTS 2.01 MANUFACTURERS A.Transfer Switches: 1.Eaton Corporation 2.Kohler 3.Caterpillar 4.ASCO 5.Source Limitations: Provide transfer switches and accessories produced by single manufacturer and obtained from single supplier. 2.02 TRANSFER SWITCHES A.Provide complete power transfer system consisting of all required equipment,conduit,boxes, wiring,supports,accessories,system programming,etc.as necessary for a complete operating system that provides the functional intent indicated. B.Provide products listed,classified,and labeled as suitable for the purpose intended. C.Applications: 1.Utilize open transition transfer unless otherwise indicated or required. D.Construction Type: Either "contactor type"(open contact)or "breaker type"(enclosed contact) transfer switches complying with specified requirements are acceptable. E.Automatic Transfer Switch: 1.Transfer Switch Type: As indicated on the drawings. 2.Transition Configuration: Open-transition (no neutral position). 3.Voltage: As indicated on the drawings. 4.Ampere Rating: As indicated on the drawings. 5.Neutral Configuration: Switched neutral. F.Comply with NEMA ICS 10 Part 1,and list and label as complying with UL 1008 for the classification of the intended application (e.g.emergency,optional standby). G.Do not use double throw safety switches or other equipment not specifically designed for power transfer applications and listed as transfer switch equipment. H.Load Classification: Classified for total system load (any combination of motor,electric discharge lamp,resistive,and tungsten lamp loads with tungsten lamp loads not exceeding 30 percent of the continuous current rating)unless otherwise indicated or required. I.Switching Methods: 1.Open Transition: a.Provide break-before-make transfer without a neutral position that is not connected to either source,and with interlocks to prevent simultaneous connection of the load to both sources. 2.Neutral Switching: Either simultaneously switched neutral (break-before-make)or overlapping neutral (make-before-break)methods are acceptable. 3.Obtain control power for transfer operation from line side of source to which the load is to be transferred. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Transfer Switches 26 36 00 - 4 J.Service Conditions: Provide transfer switches suitable for continuous operation at indicated ratings under the service conditions at the installed location. K.Enclosures: 1.Environment Type per NEMA 250:Unless otherwise indicated,as specified for the following installation locations: a.Indoor Clean,Dry Locations: Type 1 or Type 12. b.Outdoor Locations: Type 3R or Type 4. 2.Provide lockable door(s)for outdoor locations. 3.Finish: Manufacturer's standard unless otherwise indicated. L.Short Circuit Current Rating: 1.Withstand and Closing Rating: Provide transfer switches,when protected by the supply side overcurrent protective devices to be installed,with listed withstand and closing rating not less than the available fault current at the installed location as indicated on the drawings. M.Automatic Transfer Switches: 1.Description: Transfer switches with automatically initiated transfer between sources; electrically operated and mechanically held. 2.Control Functions: a.Automatic mode. b.Test Mode: Simulates failure of primary/normal source. c.Voltage and Frequency Sensing: 1)Undervoltage sensing for each phase of primary/normal source;adjustable dropout/pickup settings. 2)Undervoltage sensing for alternate/emergency source;adjustable dropout/pickup settings. 3)Underfrequency sensing for alternate/emergency source;adjustable dropout/pickup settings. d.Outputs: 1)Contacts for engine start/shutdown (except where direct generator communication interface is provided). 2)Auxiliary contacts;one set(s)for each switch position. e.Adjustable Time Delays: 1)Engine generator start time delay;delays engine start signal to override momentary primary/normal source failures. 2)Transfer to alternate/emergency source time delay. 3)Retransfer to primary/normal source time delay. 4)Engine generator cooldown time delay;delays engine shutdown following retransfer to primary/normal source to permit generator to run unloaded for cooldown period. f.In-Phase Monitor (Open Transition Transfer Switches): Monitors phase angle difference between sources for initiating in-phase transfer. g.Engine Exerciser: Provides programmable scheduled exercising of engine generator selectable with or without transfer to load;provides memory retention during power outage. 3.Status Indications: a.Connected to alternate/emergency source. b.Connected to primary/normal source. c.Alternate/emergency source available. d.Primary/normal source available. 4.Other Features: a.Event log. b.Remote monitoring capability. 5.Automatic Sequence of Operations: a.Upon failure of primary/normal source for a programmable time period (engine generator start time delay),initiate starting of engine generator where applicable. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Transfer Switches 26 36 00 - 5 b.When alternate/emergency source is available,transfer load to alternate/emergency source after programmable time delay. c.When primary/normal source has been restored,retransfer to primary/normal source after a programmable time delay.Bypass time delay if alternate/emergency source fails and primary/normal source is available. d.Where applicable,initiate shutdown of engine generator after programmable engine cooldown time delay. N.Bypass/Isolation Transfer Switches: 1.Description: Factory-assembled units consisting of interconnected transfer switch and bypass/isolation switch that permits manual bypass and isolation of the transfer switch with connection of the load to either source. 2.Bypass/Isolation Switch Type: Provide overlapping (make-before-break)switches with no interruption of power to load.Load break (break-before-make)switches that interrupt power to load are not acceptable. 3.Bypass/Isolation Operation: a.Operable from exterior of enclosure. b.Normal Mode: Provides for normal operation of transfer switch. c.Test Mode: Provides for operational testing of bypassed transfer switch without affecting power to load. d.Isolate Mode: Provides for complete isolation of transfer switch from all power sources, permitting removal from unit. O.Interface with Other Work: 1.Interface with engine generators as specified in Section 26 32 13. 2.Interface with building automation system. 2.03 SOURCE QUALITY CONTROL A.See Section 01 40 00 -Quality Requirements,for additional requirements. B.Perform production tests on transfer switches at factory to verify operation and performance characteristics prior to shipment.Include certified test report with submittals. PART 3 EXECUTION 3.01 EXAMINATION A.Verify that field measurements are as indicated. B.Verify that the ratings and configurations of transfer switches are consistent with the indicated requirements. C.Verify that rough-ins for field connections are in the proper locations. D.Verify that mounting surfaces are ready to receive transfer switches. E.Verify that conditions are satisfactory for installation prior to starting work. 3.02 INSTALLATION A.Perform work in accordance with NECA 1 (general workmanship). B.Install products in accordance with manufacturer's instructions. C.Arrange equipment to provide minimum clearances and required maintenance access. D.Provide required support and attachment in accordance with Section 26 05 29. E.Install transfer switches plumb and level. F.Unless otherwise indicated,mount floor-mounted transfer switches on properly sized 3 inch high concrete pad constructed in accordance with Section 03 30 00. G.Provide grounding and bonding in accordance with Section 26 05 26. H.Identify transfer switches and associated system wiring in accordance with Section 26 05 53. 3.03 FIELD QUALITY CONTROL A.Prepare and start system in accordance with manufacturer's instructions. Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Transfer Switches 26 36 00 - 6 B.Automatic Transfer Switches: 1.Inspect and test in accordance with NETA ATS,except Section 4. 2.Perform inspections and tests listed in NETA ATS,Section 7.22.3.The insulation-resistance tests listed as optional are not required. C.Provide additional inspection and testing as required for completion of associated engine generator testing as specified in Section 26 32 13. D.Correct defective work,adjust for proper operation,and retest until entire system complies with Contract Documents. E.Submit detailed reports indicating inspection and testing results and corrective actions taken. 3.04 CLEANING A.Clean exposed surfaces to remove dirt,paint,or other foreign material and restore to match original factory finish. 3.05 CLOSEOUT ACTIVITIES A.Demonstration: Demonstrate proper operation of transfer switches to Owner,and correct deficiencies or make adjustments as directed. B.Training: Train Owner's personnel on operation,adjustment,and maintenance of transfer switches. 1.Use operation and maintenance manual as training reference,supplemented with additional training materials as required. 2.Provide minimum of four hours of training. 3.Instructor: Manufacturer's authorized representative. 4.Location: At project site. C.Coordinate with related generator demonstration and training as specified in Section 26 32 13. 3.06 PROTECTION A.Protect installed transfer switches from subsequent construction operations. 3.07 MAINTENANCE A.See Section 01 70 00 -Execution and Closeout Requirements,for additional requirements relating to maintenance service. END OF SECTION 26 36 00 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 06/24/2024 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 06/24/2024 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 06/24/2024 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 06/24/2024 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 06/24/2024 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 06/24/2024 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 06/24/2024 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 06/24/2024 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 06/24/2024 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 06/24/2024 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 06/24/2024 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 06/24/2024 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 pdcengineers.com ADDENDUM 02 – GENERAL DATE: July 31, 2024 PROJECT: Orange County, NC – Motor Pool and Maintenance Shop PDC Project No. 23017 This Addendum, applicable to the work designed below, shall be understood to be and is a change to the bid documents and shall be part of and included in the contract for the above referenced project. All General, Supplementary and Special Conditions, etc., as originally specified or as modified below shall apply to these items. Changes to General Specifications: 1. Specification 005200 Bid/Acceptance Form Clarification: Base Bid (Motor Pool Scope) The contractor shall provide a price for all material and labor associated with the Motor Pool Building Work. Alternate #1 (Administration Building Scope) The contractor shall provide a price for all material and labor associated with the Administration Building Work. Alternate #2 (Maintenance Facility Scope) The contractor shall provide a price for all material and labor associated with the Maintenance Facility Work. 2. Specification 012100 a. Allowances Schedule 1.03.A – Revise Contingency Allowance to indicate $25,000. 3. Specification 012300 a. Schedule of Alternates 1.03.A– Deleted Alternate No. 1 concerning controls. END OF ADDENDUM 02 – GENERAL Attachments: Specification sections 012100 and 012300 7/31/24 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Allowances 01 21 00 - 1 SECTION 01 21 00 ALLOWANCES PART 1 GENERAL 1.01 SECTION INCLUDES A.Contingency allowance. 1.02 CONTINGENCY ALLOWANCE A.Contractor's costs for products,delivery,installation,labor,insurance,payroll,taxes,bonding, equipment rental,overhead and profit will be included in Change Orders authorizing expenditure of funds from this Contingency Allowance. B.Funds will be drawn from the Contingency Allowance only by Change Order. C.At closeout of Contract,funds remaining in Contingency Allowance will be credited to Owner by Change Order. 1.03 ALLOWANCES SCHEDULE A.Contingency Allowance: Include the stipulated sum/price of $25,000for use upon Owner's instructions. PART 2 PRODUCTS -NOT USED PART 3 EXECUTION -NOT USED END OF SECTION 01 21 00 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 OC Motor Pool and Maintenance Shop PDC Project 23017 Alternates 01 23 00 - 1 SECTION 01 23 00 ALTERNATES PART 1 GENERAL 1.01 SECTION INCLUDES A.Description of Alternates. B.Procedures for pricing Alternates. 1.02 ACCEPTANCE OF ALTERNATES A.Alternates quoted on Bid Forms will be reviewed and accepted or rejected at Owner's option. Accepted Alternates will be identified in the Owner-Contractor Agreement. PART 2 PRODUCTS -NOT USED PART 3 EXECUTION -NOT USED END OF SECTION 01 23 00 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 pdcengineers.com ADDENDUM 02 – ELECTRICAL DATE: July 31, 2024 PROJECT: Orange County, NC – Motor Pool and Maintenance Shop PDC Project No. 15007 This Addendum, applicable to the work designed below, shall be understood to be and is a change to the bid documents and shall be part of and included in the contract for the above referenced project. All General, Supplementary and Special Conditions, etc., as originally specified or as modified below shall apply to these items. Changes to Electrical Drawings: 1. Drawing E1.04 Detention Center “Clarification” a. Contractor has asked for existing Detention Center Drawings for reference. Note, existing drawings are not available. The contractor shall visit site as needed to review existing conditions to determine any conduit/wire removal between the existing ATS that remains and the Gas Generator that needs to be moved. 2. Drawing E1.03 a. Clarification: The existing 100KW Generator that is located at the Motor Pool Building also feeds the Transportation Administration Building Double Throw Switch (DSS). The feeder shall be disconnected from both ends (Generator and Transportation Admin Building) if Alternate #1 is accepted. As part of Alternate #1 the Transportation Admin Building end will require conduit and wiring to be cut back as need to facilitate the new ATS, Generator, etc. for a complete installation. b. Revised ATS location and associated conduit and wiring due to clearance issues in the building. c. Added cross reference note to Detail 01. d. Revised Keynotes 4, 5, 6, 8, and 11. 3. Drawing E6.02 a. Revised New Work Power Riser and keynotes 4, 5, 6 and 8. END OF ADDENDUM 02 – ELECTRICAL Attachments: Drawings E1.03, E6.02 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 07/31/2024 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4 07/31/2024 Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4