RFP 28-22 Avery's Creek Elementary School Phase III Partial Roof Replacement - Project Manual

expired opportunity(Expired)
From: Buncombe(School)
28-22

Basic Details

started - 09 Jan, 2023 (14 months ago)

Start Date

09 Jan, 2023 (14 months ago)
due - 31 Jan, 2023 (14 months ago)

Due Date

31 Jan, 2023 (14 months ago)
Bid Notification

Type

Bid Notification
28-22

Identifier

28-22
Buncombe County Schools

Customer / Agency

Buncombe County Schools
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Rob Jackson, Ed.D., Superintendent Project Manual For Avery’s Creek Elementary School Phase III Partial Roof Replacement RFP# 28-22 Bid Closing & Formal Bid Opening Date and Time: Tuesday, January 24, 2023, 3:00 p.m. EST 175 Bingham Rd., Asheville, NC 28806 P: 828-255-5921 | F: 828-255-5923 buncombeschools.org Rob Jackson, Ed.D., Superintendent Table of Contents Avery’s Creek Elementary School Phase III Partial Roof Replacement RFP# 28-22 Introduction Title Page Table of Contents Procurement Requirements and Forms Request for Proposal .................................................................................................. Pages 1-20 Contractor’s Sales and Use Tax Form ................................................................... Pages 21-22 General Conditions ......................................................................................................... Page 23 Supplementary General Conditions
...................................................................... Pages 24-55 Bid Bond Form .......................................................................................................... Pages 56-57 Payment Bond Form ................................................................................................ Pages 58-59 Performance Bond Form ......................................................................................... Pages 60-61 MBE Guidelines, Appendix E and Forms ............................................................. Pages 62-75 Project Specification Documents (also in separate attachment) ...................... Pages 76-147 Additional Attachments Project Drawings 175 Bingham Rd., Asheville, NC 28806 P: 828-255-5921 | F: 828-255-5923 buncombeschools.org STATE OF NORTH CAROLINA STANDARD FORM OF CONTRACT AND GENERAL CONDITIONS FOR Buncombe County Schools Request for Proposal Avery’s Creek Elementary School Phase III Partial Roof Replacement RFP 28-22 Issue Date: Monday, December 12, 2022 Bid Opening Date: Tuesday, January 24, 2023 SCOPE OF WORK Work shall consist of furnishing all labor, taxes, materials, equipment, services, permits, incidental and implied, to install a complete working system as designed per the attached drawings and specifications. PROPOSAL Proposals subject to the conditions made a part hereof will be received until Tuesday, January 24, 2023, at 3:00 p.m. EST for furnishing all labor, materials, equipment, and services incidental and implied for completion of the project described herein. PRE-BID MEETING A pre-bid meeting is scheduled for Tuesday, January 10, 2023, at 10:00 a.m. PRE-BID MEETING LOCATION Avery’s Creek Elementary School, 15 Park South Boulevard, Arden, NC 28704. All attendees must meet outside the front office. NOTICE TO BIDDERS Sealed bids for this project will be received by the Buncombe County Schools Purchasing Department up to 3:00 p.m. EST on Tuesday, January 24, 2023, and immediately thereafter publicly opened and read aloud. Bids must be submitted using the two-envelope system. Mail or deliver all bids to the following address: Buncombe County Board of Education Attention: Purchasing Department 175 Bingham Road Asheville NC 28806 Sealed Envelope 1 Contents Fully executed Buncombe County Schools Bid Bond Form and MBE paperwork. Sealed Envelope 2 Contents Fully executed RFP Proposal Form including sub-contractor information. Contractors are hereby notified that they must have proper license under the State laws governing their respective trades and that North Carolina General Statute 87 will be observed in receiving and awarding contracts. General Contractors must have general license classification required by this project. No bid may be withdrawn after the opening of bids for a period of 30 days. Buncombe County Schools reserves the right to reject any or all bids and waive informalities. Bids shall be made only on the BID/ACEPTANCE form provided herein with all blank spaces for bids properly filled in and all signatures properly executed. Please note on the envelope – Bid: RFP 28-22 Avery’s Creek Elementary School Phase III Partial Roof Replacement Bid Due Date: Tuesday, January 24, 2023 Your Contractor Name and License Number Here FORMAL BID OPENING A formal bid opening will be held at 3:00 p.m. EST on Tuesday, January 24, 2023, at the Buncombe County Board of Education. The Buncombe County Board of Education is located at 175 Bingham Road, Asheville NC 28806. Enter the building at Entrance A. DIRECT RPF INQUIRES TO Contact Person Email (Preferred) Phone Jeff Poe, Project Designer 704-509-1777 Tim Fierle, Director of Facilities tim.fierle@bcsemail.org 828-255-5916 Lisa Sharpe, Purchasing Manager lisa.sharpe@bcsemail.org 828-255-5903 The Procurement Process The following is a general description of the process by which a firm will selected to provide services. 1. Request for Proposals (RFP) is issued to prospective contractors 2. All proposals must be received by the Buncombe County Schools’ Purchasing Department in sealed envelopes or packages. Sealed envelope #1 must contain the fully executed bid bond form and MBE paperwork. Bidders must use the Buncombe County Schools bid bond form – no other bid bond forms will be accepted. Sealed envelope or package #2 must contain the fully executed proposal form including sub-contractor information. Unsigned or incomplete proposals will not be accepted. 3. On Tuesday, January 24, 2023, at 3:00 p.m. EST, the proposals from each responding firm will be opened. Interested parties are cautioned that these costs and their components are subject to further evaluation for completeness and correctness and therefore may not be an exact indicator of an offeror’s pricing position. Proposals are confidential until such time that award has been made. Thereafter, the Purchasing Department will furnish a bid tab on the district’s website. 4. Proposals will be evaluated according to completeness, content, experience with similar projects, ability of the offeror and its staff, and cost. Award of a contract to one offeror does not mean that the other proposals lacked merit, but that, all factors considered, the selected proposal was deemed most advantageous to Buncombe County Board of Education. 5. Offerors are cautioned that this is a request for offers, not a request to contract, and that Buncombe County Board of Education reserves the unqualified right to reject any or all offers when such rejection is deemed to be in its best interest. 6. A 5% bid bond, for the total amount of the bid, will be required at the time of the bid opening. 7. The awarded bidder is required to provide performance and payment bonds before the contract is awarded. BUNCOMBE COUNTY SCHOOL BOARD POLICY BIDDING FOR CONSTRUCTION WORK Policy Code: 9120 E. BONDS Construction and repair bids $300,000 or higher require a bid bond or deposit (5% of the bid amount) at the time of the bid opening. If the winning bid is $300,000 or higher the bidder will be required to provide a performance and payment bond before the contract is awarded. Bonds and deposits may be requested with bids of a lower amount. The Superintendent may require a bid, performance, or payment bonds for projects less than$300,000 if it is determined to be in the best interest of the school district. MINORITY BUSINESS PARTICIPATION REQUIREMENTS Provide with the bid - Under GS 143-128.2(c) the undersigned bidder shall identify on its bid (Identification of Minority Business Participation Form) the minority businesses that it will use on the project with the total dollar value of the bids that will be performed by the minority businesses. Also list the good faith efforts (Affidavit A) made to solicit minority participation in the bid effort. NOTE: A contractor that performs all of the work with its own workforce may submit an Affidavit (B) to that effect in lieu of Affidavit (A) required above. The MB Participation Form must still be submitted even if there is zero participation. After the bid opening - The Owner will consider all bids and alternates and determine the lowest responsible, responsive bidder. Upon notification of being the apparent low bidder, the bidder shall then file within 72 hours of the notification of being the apparent lowest bidder, the following: An Affidavit (C) that includes a description of the portion of work to be executed by minority businesses, expressed as a percentage of the total contract price, which is equal to or more than the 10% goal established. This affidavit shall give rise to the presumption that the bidder has made the required good faith effort and Affidavit D is not necessary; * OR * If less than the 10% goal, Affidavit (D) of its good faith effort to meet the goal shall be provided. The document must include evidence of all good faith efforts that were implemented, including any advertisements, solicitations and other specific actions demonstrating recruitment and selection of minority businesses for participation in the contract. Note: Bidders must always submit with their bid the Identification of Minority Business Participation Form listing all MB contractors, vendors and suppliers that will be used. If there is no MB participation, then enter none or zero on the form. Affidavit A or Affidavit B, as applicable, also must be submitted with the bid. Failure to file a required affidavit or documentation with the bid or after being notified apparent low bidder is grounds for rejection of the bid. Buncombe County Schools Form of Proposal Avery’s Creek Elementary School – Phase III Partial Roof Replacement RFP 28-22 Due Date: Tuesday, January 24, 2023, at 3:00 p.m. EST The undersigned, as bidder, hereby declares that the only person or persons interested in this proposal as principal or principals is or are named herein and that no other person than herein mentioned has any interest in this proposal or in the contract to be entered into; that this proposal is made without connection with any other person, company or parties making a bid or proposal; and that it is in all respects fair and in good faith without collusion or fraud. The bidder further declares that they have examined the site of the work and the contract documents relative thereto and has read all special provisions furnished prior to the opening of bids; that they have satisfied themselves relative to the work to be performed. The bidder further declares that they and their subcontractors have fully complied with NCGS 64, Article 2 in regards to E-Verification as required by Section 2.(c) of Session Law 2013-418, codified as N.C. Gen. Stat. § 143-129(j). The undersigned bidder proposes and agrees if this proposal is accepted to contract with Buncombe County Schools in the form of contract specified below, to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary to complete the construction of the Avery’s Creek Elementary School – Phase III Partial Roof Replacement in full in complete accordance with the plans, specifications, and contract documents, to the full and entire satisfaction of Buncombe County Schools, with the definite understanding that no money will be allowed for extra work except as set forth in the General Conditions and the contract documents, for the sum of: SINGLE PRIME CONTRACT: BASE BID DESCRIPTION: Roof replacement of low slope Roof Areas I1, I2, E1 and E2, and the installation of new edge metal, expansion joints, counterflashing, drains, overflow scuppers and all other miscellaneous work as described in specifications and drawings. Base Bid: Dollars ($) (Subject to liquidated damages for late completion. See liquidated damages in specifications.) Allowance #1 Allowance to be included in base bid: Wire brush and paint 2,000 square feet of deteriorated metal decking. Allowance #2 Allowance to be included in base bid: Wire brush, paint and plate 300 square feet of deteriorated metal decking. Allowance #3 Allowance to be included in the base bid: Replace 300 square feet of deteriorated metal decking. Allowance #4 Allowance to be included in the base bid: Replace 75 board feet of damaged deteriorated wood blocking. Allowance #5 Allowance to be included in the base bid: Install 250 fasteners at loose metal deck side laps. Allowance #6 Allowance to be included in the base bid: Install 250 fasteners to secure loose metal deck to existing faming members. Allowance #7 Allowance to be included in the base bid: Install 500 linear feet of sheet metal over changes in direction of metal decking, over loose perimeters to wood blocking and over deficiencies in deck. Allowance #8 Allowance to be include in the base bid: Install 250 stainless steel fasteners to supplement the existing nailers where not currently in compliance with FM1-49. Allowance #9 Allowance to be included in the base bid: Install 50 stainless anchor bolts to supplement the existing nailers where not currently in compliance with FM1-49. General Subcontractor: Name License Number Plumbing Subcontractor: Name License Number Mechanical Subcontractor: Name License Number Electrical Subcontractor: Name License Number Subcontractors will not be used on this project. GS143-128(d) requires all single prime bidders to identify their subcontractors for the above subdivisions of work. A contractor whose bid is accepted shall not substitute any person as subcontractor in the place of the subcontractor listed in the original bid, except (i) if the listed subcontractor's bid is later determined by the contractor to be non-responsible or non-responsive or the listed subcontractor refuses to enter into a contract for the complete performance of the bid work, or (ii) with the approval of the awarding authority for good cause shown by the contractor. ALTERNATES: Should any of the alternates as described in the contract documents be accepted, the amount written below shall be the amount to be "added to" or "deducted from" the base bid. (Strike out "Add" or "Deduct" as appropriate.) GENERAL CONTRACT: Alternate # 1 Roof replacement of low slope Roof Area D and the installation of new edge metal, expansion joints, counterflashing, drains, overflow scuppers and all other miscellaneous work as described in specifications and drawings. Add Deduct Dollars ($) Addenda received and Addendum 1 Addendum 2 Addendum 3 used in computing bid: Addendum 4 Addendum 5 Addendum 6 By submitting this proposal, the potential contractor certifies the following: 1) this proposal is signed by an authorized representative of the firm, 2) It can obtain and will submit to Buncombe County Schools insurance certificates as required, within 5 calendar days after the notice to award. 3) all taxes have been determined and are included in the proposed cost 4) the potential contractor has read and understands the conditions set forth in this RFP and agrees to them with no exceptions. Contractor’s Name: Federal ID #: Address: City: State: Zip Code: Email: Telephone Number: Fax Number: Principal Place of Business if different from above: Printed Name: Title: Signature: Date: Attest: (Corporate Seal) By: License #: Title: End of Proposal Form for RFP 28-22 GENERAL INFORMATION ON SUBMITTING PROPOSALS 1. EXCEPTIONS: All proposals are subject to the terms and conditions outlined herein. All responses shall be controlled by such terms and conditions and the submission of other terms and conditions, price lists, catalogs, and/or other documents as part of an offeror's response will be waived and have no effect either on this Request for Proposals or on any contract that may be awarded resulting from this solicitation. Offeror specifically agrees to the conditions set forth in the above paragraph by signature to the proposal. 2. CERTIFICATION: By executing the proposal, the signer certifies that this proposal is submitted competitively and without collusion (G.S. 143-54), that none of our officers, directors, or owners of an unincorporated business entity has been convicted of any violations of Chapter 78A of the General Statutes, the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S. 143-59.2), and that we are not an ineligible vendor as set forth in G.S. 143-59.1. False certification is a Class I felony. 3. ORAL EXPLANATIONS: The State/Buncombe County Schools shall not be bound by oral explanations or instructions given at any time during the competitive process or after award. 4. REFERENCE TO OTHER DATA: Only information which is received in response to this RFP will be evaluated; reference to information previously submitted shall not be evaluated. 5. ELABORATE PROPOSALS: Elaborate proposals in the form of brochures or other presentations beyond that necessary to present a complete and effective proposal are not desired. In an effort to support the sustainability efforts of the State of North Carolina we solicit your cooperation in this effort. It is desirable that all responses meet the following requirements: ● All copies are printed double sided. ● All submittals and copies are printed on recycled paper with a minimum post-consumer content of 30% and indicate this information accordingly on the response. ● Unless absolutely necessary, all proposals and copies should minimize or eliminate use of non-recyclable or non-re-usable materials such as plastic report covers, plastic dividers, vinyl sleeves, and GBC binding. Three- ringed binders, glued materials, paper clips, and staples are acceptable. ● Materials should be submitted in a format which allows for easy removal and recycling of paper materials. 6. COST FOR PROPOSAL PREPARATION: Any costs incurred by offerors in preparing or submitting offers are the offerors' sole responsibility; the State of North Carolina/Buncombe County Schools will not reimburse any offeror for any costs incurred. 7. TIME FOR ACCEPTANCE: Each proposal shall state that it is a firm offer which may be accepted within a period of 45 days. Although the contract is expected to be awarded prior to that time, the 45- day period is requested to allow for unforeseen delays. 8. TITLES: Titles and headings in this RFP and any subsequent contract are for convenience only and shall have no binding force or effect. 9. CONFIDENTIALITY OF PROPOSALS: In submitting its proposal the offeror agrees not to discuss or otherwise reveal the contents of the proposal to any source outside of the using or issuing agency, government or private, until after the award of the contract. Offerors not in compliance with this provision may be disqualified, at the option of the State/Buncombe County Schools, from contract award. Only discussions authorized by the issuing agency are exempt from this provision. 10. RIGHT TO SUBMITTED MATERIAL: All responses, inquiries, or correspondence relating to or in reference to the RFP, and all other reports, charts, displays, schedules, exhibits, and other documentation submitted by the offerors shall become the property of the State/Buncombe County Schools when received. 11. OFFEROR’S REPRESENTATIVE: Each offeror shall submit with its proposal the name, address, and telephone number of the person(s) with authority to bind the firm and answer questions or provide clarification concerning the firm's proposal. 12. SUBCONTRACTING: Offerors may propose to subcontract portions of the work provided that their proposals clearly indicate what work they plan to subcontract and to whom and that all information required about the prime contractor is also included for each proposed subcontractor. 13. PROPRIETARY INFORMATION: Trade secrets or similar proprietary data which the offeror does not wish disclosed to other than personnel involved in the evaluation or contract administration will be kept confidential to the extent permitted by NCAC T01:05B.1501 and G.S. 132-1.3 if identified as follows: Each page shall be identified in boldface at the top and bottom as "CONFIDENTIAL". Any section of the proposal which is to remain confidential shall also be so marked in boldface on the title page of that section. Cost information may not be deemed confidential. In spite of what is labeled as confidential, the determination as to whether or not it is shall be determined by North Carolina law. 14. HISTORICALLY UNDERUTILIZED BUSINESSES: Pursuant to General Statute 143-48 and Executive Order #150, Buncombe County Schools 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. The Contractor agrees in particular to maintain open hiring and employment practices and to receive applications for employment in compliance with all requirements of applicable federal, state and local laws and regulations issued pursuant thereto relating to nondiscriminatory hiring and employment practices. Each Prime Contractor shall undertake an affirmative action program to ensure that no person shall be excluded from participation in any employment activities because of age, sex, race, religion, color, national origin or handicap. 15. PROTEST PROCEDURES: If an offeror wants to protest a contract awarded pursuant to this solicitation, they must submit a written request to the Purchasing Officer, Buncombe County Schools, 175 Bingham Road, Asheville, NC 28806. This request must be received by the Purchasing Division within thirty (30) consecutive calendar days from the date of the contract award and must contain specific sound reasons and any supporting documentation for the protest. NOTE: Contract award notices are sent only to those actually awarded contracts, and not to every person or firm responding to this solicitation. Contract status and award notices are available through the purchasing division or the project designer with contact information as shown on the first page of this solicitation. Offerors may call to obtain a verbal status of contract award. All protests will be handled pursuant to the North Carolina Administrative Code, Title 1, Department of Administration, Chapter 5, Purchase and Contract, Section 5B.1519. 16. TABULATIONS: Offerors may visit the Buncombe County Schools website for bid tab details at www.buncombeschools.org/purchasing. 17. VENDOR REGISTRATION AND SOLICITATION NOTIFICATION SYSTEM: Vendor Link NC allows vendors to electronically register free with the State to receive electronic notification of current procurement opportunities for goods and services available on the Interactive Purchasing System. Online registration and other purchasing information are available on the Internet web site: http://www.state.nc.us/pandc/. 18. RECIPROCAL PREFERENCE: G.S. 143-59 establishes a reciprocal preference law to discourage other states from applying in-state preferences against North Carolina’s resident offerors. The “Principal Place of Business” is defined as the principal place from which the trade or business of the offeror is directed or managed. http://www.buncombeschools.org/purchasing http://www.buncombeschools.org/purchasing http://www.buncombeschools.org/purchasing http://www.state.nc.us/pandc/ NORTH CAROLINA GENERAL CONTRACT TERMS AND CONDITIONS (Contractual and Consultant Services) 1. SITUS AND GOVERNING LAWS: a) This Contract is made under and shall be governed by and construed in accordance with the laws of the State of North Carolina, including, without limitation, the relevant provisions of G.S. Chapter 143, Article 3, and the Rules in 01 NCAC Chapter 05, and any applicable successor provisions, without regard to its conflict of laws rules, and within which State all matters, whether sounding in Contract, tort or otherwise, relating to its validity, construction, interpretation and enforcement shall be determined. G.S. 22B-3. b) Vendor shall comply with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the conduct of its business and its performance in accordance with the Contract, including those of federal, state, and local agencies having jurisdiction and/or authority, and including, without limitation, the applicable requirements in the Federal Funds Provisions, below. c) Non-resident Vendor corporations not formed under NC law must be domesticated in the Office of the NC Secretary of State in order to contract with the State of North Carolina. G.S. 55A-15- 01. 2. INDEPENDENT CONTRACTOR: The Contractor shall be considered to be an independent contractor and as such shall be wholly responsible for the work to be performed and for the supervision of its employees. The Contractor represents that it has, or will secure at its own expense, all personnel required in performing the services under this agreement. Such employees shall not be employees of or have any individual contractual relationship with the Agency. 3. KEY PERSONNEL: The Contractor shall not substitute key personnel assigned to the performance of this contract without prior written approval by the Agency’s Contract Administrator. The individuals designated as key personnel for purposes of this contract are those specified in the Contractor’s proposal. 4. SUBCONTRACTING: Work proposed to be performed under this contract by the Contractor or its employees shall not be subcontracted without prior written approval of the Agency’s Contract Administrator/Project Designer. Acceptance of an offeror’s proposal shall include any subcontractor(s) specified therein. 5. PERFORMANCE: a) It is anticipated that the tasks and duties undertaken by the Vendor under the contract which results from the State/Buncombe County Schools solicitation in this matter (Contract) shall include Services, and/or the manufacturing, furnishing, or development of goods and other tangible features or components, as deliverables. b) Except as provided herein, and unless otherwise mutually agreed in writing prior to award, any deliverables not subject to an agreed Vendor license and provided by Vendor in performance of this Contract shall be and remain property of the State/Buncombe County Schools. During performance, Vendor may provide proprietary components as part of the deliverables that are identified in this Contract. Vendor grants the State/Buncombe County Schools a personal, permanent, non-transferable license to use such proprietary components of the deliverables and other functionalities, as provided under this Contract. Any technical and business information owned by Vendor or its suppliers or licensors made accessible or furnished to the State/Buncombe County Schools shall be and remain the property of the Vendor or such other party, respectively. Vendor agrees to perform under the Contract in at least the same or similar manner provided to comparable users and customers. The State/Buncombe County Schools shall notify the Vendor of any defects or deficiencies in performance or failure of deliverables to conform to the standards and specifications provided in this Contract. Vendor agrees to timely remedy defective performance or any nonconforming deliverables on its own or upon such notice provided by the State/Buncombe County Schools. c) Vendor has limited, non-exclusive license to access and use State Data provided to Vendor, but soley for performing its obligations under and during this Agreement and in confidence as further provided for herein or by law. d) Vendor or its suppliers, as specified and agreed in the Contract, shall provide support assistance to the State/Buncombe County Schools related to all Services performed or other deliverables procured hereunder during the State’s Buncombe County Schools’ normal business hours. Vendor warrants that its support, customer service, and assistance will be performed at a minimum in accordance with generally accepted and applicable industry standards. e) The State/Buncombe County Schools may document and take into account in awarding or renewing future procurement contracts the general reputation, performance and performance capabilities of the Vendor under this Contract as provided by G.S. 143-52 and 143-135.9 (a) and (b) (Best Value). 6. DEFAULT AND TERMINATION: a) In the event of default by the Vendor, the State/Buncombe County Schools may, as provided by NC law, procure goods and services necessary to complete performance hereunder from other sources and hold the Vendor responsible for any excess cost occasioned thereby. See, G.S. 25-2-712. In addition, and in the event of default by the Vendor under the Contract, or upon the Vendor filing a petition for bankruptcy or the entering of a judgment of bankruptcy by or against the Vendor, the State/Buncombe County Schools may immediately cease doing business with the Vendor, terminate the Contract for cause, and take action to recover relevant damages, and if permitted by applicable law, debar the Vendor from doing future business with the State/Buncombe County Schools. 01 NCAC 05B.1520. b) If, through any cause, Vendor shall fail to fulfill in a timely and proper manner the obligations under the Contract, including, without limitation, in these North Carolina General Terms and Conditions, the State/Buncombe County Schools shall have the right to terminate the Contract by giving thirty days written notice to the Vendor and specifying the effective date thereof. In that event, any or all finished or unfinished deliverables that are prepared by the Vendor under the Contract shall, at the option of the State/Buncombe County Schools, become the property of the State/Buncombe County Schools (and under any applicable Vendor license to the extent necessary for the State/Buncombe County Schools to use such property), and the Vendor shall be entitled to receive just and equitable compensation for any acceptable deliverable completed (or partially completed at the State’s/Buncombe County Schools’ option) as to which such option is exercised. Notwithstanding, Vendor shall not be relieved of liability to the State/Buncombe County Schools for damages sustained by the State/Buncombe County Schools by virtue of any breach of the Contract, and the State/Buncombe County Schools may withhold any payment due the Vendor for the purpose of setoff until such time as the exact amount of damages due the State/Buncombe County Schools from such breach can be determined. The State/Buncombe County Schools, if insecure as to receiving proper performance or provision of goods deliverables, or if documented Vendor Services performance issues exist, under this Contract, may require at any time a performance bond or other alternative performance guarantees from a Vendor without expense to the State/Buncombe County Schools as provided by applicable law. G.S. 143-52(a); 01 NCAC 05B.1521; G.S. 25-2- 609. c) If this Contract contemplates deliveries or performance over a period of time, the State/Buncombe County Schools may terminate this Contract for convenience at any time by providing 60 days’ notice in writing from the State/Buncombe County Schools to the Vendor. In that event, any or all finished or unfinished deliverables prepared by the Vendor under this Contract shall, at the option of the State/Buncombe County Schools, become its property, and under any applicable Vendor license to the extent necessary for the State to use such property. If the Contract is terminated by the State/Buncombe County Schools for convenience, the State/Buncombe County Schools shall pay for those items or Services for which such option is exercised, less any payment or compensation previously made. 7. AVAILABILITY OF FUNDS: Any and all payments to the Contractor are dependent upon and subject to the availability of funds to the Agency for the purpose set forth in this agreement. 8. CONFIDENTIALITY: Vendor information that cannot be shown to be, e.g., a trade secret, may be subject to public disclosure under the terms of the State Public Records Act (SPRA), beginning at G.S. 132.1. Blanket assertions of confidentiality are not favored, but confidentiality of specific material meeting one or more exceptions in the SPRA will be honored. Vendors are notified that if the confidentiality of material is challenged by other parties, the Vendor has the responsibility of defending the assertion of confidentiality. G.S. 143-52(a). 9. CARE OF PROPERTY: Any State/Buncombe County Schools property, information, data, instruments, documents, studies or reports given to or prepared or assembled by or provided to the Vendor under the Contract shall be kept as confidential, used only for the purpose(s) required to perform the Contract and not divulged or made available to any individual or organization without the prior written approval of the State/Buncombe County Schools. The State’s/Buncombe County Schools’ data and property in the hands of the Vendor shall be protected from unauthorized disclosure, loss, damage, destruction by a natural event or another eventuality. The Vendor agrees to reimburse the State/Buncombe County Schools for loss or damage of State/Buncombe County Schools property while in Vendor’s custody. Such State/Buncombe County Schools data shall be returned to the State/Buncombe County Schools in a form acceptable to the State/Buncombe County Schools upon the termination or expiration of this Agreement. The Vendor shall notify the State/Buncombe County Schools of any security breaches within 24 hours as required by G.S. 143B-1379. For further information, see, G.S. 75-60 et seq. Notice is given to the Vendor that the NC Department of Information Technology (DIT) has requirements relating to the security of the State/Buncombe County Schools network, and rules relating to the use of the State/Buncombe County Schools network, IT software and equipment, that the Vendor must comply with, as applicable. See, e.g., G.S. 143B- 1376. 10. COPYRIGHT: No deliverable items produced in whole or in part under this agreement shall be the subject of an application for copyright by or on behalf of the Contractor. 11. ACCESS TO PERSONS AND RECORDS: During, and after the term hereof during the relevant period required for retention of records by State law (G.S. 121-5, 132-1 et seq., typically five years), the State Auditor and any Purchasing Agency’s internal auditors shall have access to persons and records related to the Contract to verify accounts and data affecting fees or performance under the Contract, as provided in G.S. 143-49(9). However, if any audit, litigation or other action arising out of or related in any way to this project is commenced before the end of the such retention of records period, the records shall be retained for one (1) year after all issues arising out of the action are finally resolved or until the end of the record retentions period, whichever is later. 12. ASSIGNMENT: No assignment of the Contractor’s obligations nor the Contractor’s right to receive payment hereunder shall be permitted. However, upon written request approved by the issuing purchasing authority, the State/Buncombe County Schools may: a. Forward the contractor’s payment check(s) directly to any person or entity designated by the Contractor, or b. Include any person or entity designated by Contractor as a joint payee on the Contractor’s payment check(s). In no event shall such approval and action obligate the State/Buncombe County Schools to anyone other than the Contractor and the Contractor shall remain responsible for fulfillment of all contract obligations. 13. COMPLIANCE WITH LAWS: The Contractor shall comply with all laws, ordinances, codes, rules, regulations, and licensing requirements (permits) that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and/or authority. 14. AFFIRMATIVE ACTION: The Contractor shall take affirmative action in complying with all Federal and State requirements concerning fair employment and employment of people with disabilities and concerning the treatment of all employees without regard to discrimination by reason of race, color, religion, sex, national origin, or disability. 15. INSURANCE: During the term of the contract, the contractor at its sole cost and expense shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the contract. As a minimum, the contractor shall provide and maintain the following coverage and limits: 1. Workers’ Compensation shall be maintained with at least the minimum statutory limits, including Employer’s Liability with limits of at least $1,000,000.00. 2. Employer’s Liability shall be maintained with at least limits of $100,000 each accident; $100,000 disease, each employee; and $1,000,000 disease, policy limit. 3. Commercial General Liability shall be maintained with at least the following minimum limits with the policy and the Certificate of Insurance indicating that the coverage is written on a “project” basis: a) $1,000,000 Bodily Injury and Property Damage for each occurrence b) $100,000 Fire Damage c) $10,000 Medical Expenses any one person d) $1,000,000 Personal and Advertising Injury e) $1,000,000 Products/Completed Operations Aggregate f) $2,000,000 General Aggregate List the Owner (including its officers, agents and employees) as an additional insured on the policy as evidenced by a policy endorsement. Coverage shall include, but not be limited to, the following supplementary coverages: Contractual Liability to cover liability assumed under this Agreement, Product and Completed Operations Liability insurance, Broad Form Property Damage Liability insurance, and Independent Contractors. Such policy shall include all of the coverages, which may be included in coverages A, B, and C contained in the Commercial General Liability Policy, without deletion. Such policy must be issued on an "occurrence" basis, as distinguished from a "claims made" basis. Completed Operations shall extend six (6) years after final payment If the CONTRACTOR has design responsibility, endorsement CG22 80 and DIC for contractors’ professional liability is required unless waived by the Owner. 4. Automobile Liability – Including Hired-Auto and Non-Owned Auto shall be maintained with at least a Minimum Combined Single Limit of $1,000,000 per occurrence. 5. For Contractors with remediation or abatement responsibilities, Contractors shall carry Contractor’s Pollution Liability Coverage. Coverage must be sudden and non-sudden, and include: Bodily injury, sickness, disease, mental anguish, or shock sustained by any person, including death; Property damage, including physical injury to or destruction of tangible property including the resulting loss of use thereof, cleanup costs, and the loss of use of tangible property that has not been physically injured or destroyed; and Defense, including costs, charges, and expenses incurred in the investigation, adjustment, or defense of claims for such compensatory damages. List the Owner (including its officers, agents and employees) as an additional insured on the policy as evidenced by a policy endorsement. The Owner must be named as Additional Insured, and a Non-Owned Disposal Site Endorsement must provided, scheduling the appropriate landfill. Minimum CPL limits of coverage shall be: a) $1,000,000 Per Loss b) $2,000,000 All Losses Umbrella Liability shall be maintained with the following minimum limits: a) $5,000,000 Per Occurrence b) $5,000,000 Aggregate 6. Builder’s Risk Insurance: If requested by the Owner, the CONTRACTOR shall be responsible for purchasing and maintaining insurance satisfactory to the Owner to protect the Project from perils of physical loss. The Owner shall receive copies of the builder’s risk insurance policies that satisfy this Article. The CONTRACTOR shall be responsible for any deductibles associated with this coverage. The builder’s risk insurance shall provide for the cost of replacement of the Work at the time of any loss. The insurance shall include as additional insureds the Owner, the CONTRACTOR, the Contractors and their subcontractors and shall insure against the loss from the perils of fire and all risk coverage for physical loss or damage due to theft, vandalism, collapse, malicious mischief, terrorism, transit, flood, mold, earthquake, testing, or damages resulting from defective design, negligent workmanship or defective material. The CONTRACTOR shall obtain approval from the Owner before increasing any coverage due to increases in construction costs. See the Supplementary General Conditions § 9.3.2 regarding CONTRACTOR’s responsibilities for materials stored off-site. Providing and maintaining adequate insurance coverage is a material obligation of the contractor and is of the essence of this contract. All such insurance shall meet all laws of the State of North Carolina. Such insurance coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina. The contractor shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws on this contract. The limits of coverage under each insurance policy maintained by the contractor shall not be interpreted as limiting the contractor’s liability and obligations under the contract. The Contractor shall furnish a Certificate of Insurance as proof of the above coverages. Certificate will contain provision that the insurance coverages cannot be canceled, reduced in amount or coverage eliminated without 30 days written notice to the Buncombe County Board of Education. Owner’s Protective insurance must list the Buncombe County Board of Education as the Certificate Holder and as “additional insured” as it’s interest may appear. Owner’s approval of Certificate of Insurance does not decrease or relieve the contractor’s responsibility for maintaining insurance coverage as required in this Request for Proposal. 16. ADVERTISING: Contractor agrees not to use the existence of this contract, the name of the agency, or the name of the State of North Carolina as part of any commercial advertising. 17. ENTIRE AGREEMENT: The Contract (including any documents mutually incorporated specifically therein) resulting from a relevant solicitation represents the entire agreement between the parties and supersedes all prior oral or written statements or agreements. All promises, requirements, terms, conditions, provisions, representations, guarantees, and warranties contained herein shall survive the Contract expiration or termination date unless specifically provided otherwise herein, or unless superseded by applicable Federal or State statutes of limitation. 18. AMENDMENTS: This contract may be amended only by written amendments duly executed by the Agency and the Contractor. 19. TAXES: G.S. 143-59.1 bars the Secretary of Administration from entering into contracts with vendors if the vendor or its affiliates meet one of the conditions of G. S. 105-164.8(b) and refuse to collect use tax on sales of tangible personal property to purchasers in North Carolina. Conditions under G. S. 105-164.8(b) include: (1) Maintenance of a retail establishment or office, (2) Presence of representatives in the State that solicit sales or transact business on behalf of the vendor and (3) Systematic exploitation of the market by media- assisted, media-facilitated, or media-solicited means. By execution of the bid document the vendor certifies that it and all of its affiliates, (if it has affiliates), collect(s) the appropriate taxes. 20. GENERAL INDEMNITY: a) The Vendor shall indemnify, defend and hold and save the State/Buncombe County Schools, its officers, agents, and employees, harmless from liability of any kind, including all claims and losses accruing or resulting to any other person, firm, or corporation furnishing or supplying work, Services, materials, or supplies in connection with the performance of the Contract, and also from any and all claims and losses accruing or resulting to any person, firm, or corporation that may be injured or damaged by the Vendor in the performance of the Contract that are attributable to the negligence or intentionally tortious acts of the Vendor, provided that the Vendor is notified in writing within 30 days from the date that the State/Buncombe County Schools has knowledge of such claims. b) The Vendor, at its own expense shall defend any action brought against the State/Buncombe County Schools, under this section. The Vendor shall have the sole control of the defense of any action on such claim and all negotiations for its settlement or compromise, provided, however, that the State/Buncombe County Schools shall have the option to participate in such action at its own expense. c) The Vendor represents and warrants that it shall make no claim of any kind or nature against the State’s/Buncombe County Schools’ agents who are involved in the delivery or processing of Vendor deliverables or Services as part of this Contract with the State/Buncombe County Schools. d) As part of this provision for General indemnity, if federal funds are involved in this procurement, the Vendor warrants that it will comply with all relevant and applicable federal requirements and laws, and will indemnify, defend, and hold and save the State/Buncombe County Schools harmless from any claims or losses resulting to the State/Buncombe County Schools from the Vendor’s noncompliance with such federal requirements or law in the performance of this Contract. The representations and warranties in the preceding two sentences shall survive the termination or expiration of the Contract. e) The State/Buncombe County Schools does not participate in indemnification due to Constitutional restrictions, or arbitration, which effectively and unacceptably waives jury trial. See, G.S. 22B-3, -10. Avery’s Creek Elementary School – Phase III Partial Roof Replacement RFP# 28-22 Project Description: Reroof areas shown in Base Bid and Alternate areas where accepted. The Buncombe County Board of Education reserves the right to reject any or all bids for any or no reason, and to waive informalities. Pre-bid Meeting: Tuesday, January 10, 2023, at 10:00 a.m. Meet outside of the front office at Avery’s Creek Elementary School. Scope of Work: Work shall consist of furnishing all labor, taxes, materials, equipment, services, permits, incidental and implied, to install a complete and warranted retrofit system as designed per the attached drawings and specifications. Contractor's Responsibility: The Contractor shall be responsible for the construction site during the performance of the work. The Contractor shall be responsible for all damages to persons and property during the performance of work and shall further provide all necessary safety measures and shall fully comply with all federal state and local laws, building rules, and regulations to prevent accidents or injury to persons or property on or about the location of the work site. This is to include OSHA 1910, General Construction, or those regulations mandated by these specifications. Special attention shall be made to proper barricading of the work area. Safety Regulations: The Contractor shall adhere to the rules, regulations and interpretations of the North Carolina Department of Labor relating to Occupational Safety and Health Standards for the Construction Industry (Title 29, Code of Federal Regulations, Part 1926, published in Volume39, Number 122, Part II, June 24, 1974 Federal Register) which is hereby incorporated in these specifications. Codes: All work shall be performed in accordance with the specifications and shall comply with North Carolina Building Code, National Electrical Code Underwriters' Rules and Regulations and Federal, State and Local Regulations covering work of this nature. Whenever specifications are more than such laws, codes and regulations, the specifications shall hold. All equipment shall have U. L. labels attached. Permits: The Contractor shall hold the appropriate license for work to be performed and shall secure all permits required for the job completion, obtain and deliver to Owner, all certification of inspection issued by the authorities having jurisdiction and roofing material manufacturer. Contractor is responsible for paying all costs associated with Buncombe County building permits. All final certificates must be delivered to owner prior to request for final payment. School Security and Access: Security, safety and protection of the instructional environment are priority concerns of Buncombe County Schools. The Contractor shall confine activities to the work area and shall not engage or interact with students, teachers or staff that is not designated as contact personnel. The Contractor shall screen all employees on-site; and, at the request of the Owner, provide documentation that employees and subcontractors meet standards. The Owner, school staff and Contractor shall designate contact personnel and provide contact information to assist in the resolution of any logistical or safety issues beforehand, or that may arise during construction. Scheduling: The Contractor must submit a precise time schedule as to when specific work will occur in specific areas within the building. This will be used to coordinate the work with the occupants of the building. The Project manager or Principal may alter the schedule at any time to maintain the work process within the facility. Work must be scheduled during hours that are acceptable to each school and the Buncombe County Board of Education shall not incur any additional cost due to scheduling. All work must be scheduled to avoid safety concerns and disruption of classroom instruction time, operation times, all permits, and inspections will be the responsibility of the contractor, and copies of permits and final inspection will be submitted to Buncombe County Schools prior to final payment. Project Timeline: Project shall be substantially completed within 70 calendar days after acceptance of initial delivery of roofing materials necessary to begin roof work. Substantial completion of base bid and alternate roof areas shall be no later than August 18, 2023, date certain. Substantial completion is defined as: The contractor has passed the final inspection by the designer of record and manufacturer and a “Certificate of Occupancy” is issued by authorities having jurisdiction, and with only minor punch list items remaining. Final completion shall occur no more than 30 days after substantial completion. This provision is in recognition of supply chain issues. 30 days of added time shall be allowed for each accepted Alternate. A Notice to Proceed shall be issued by the designer to start the time for completion once materials are available. The contractor shall submit shop drawings within 30 days of execution of the contract for construction and shall respond to designer review comments within seven days of receipt. If the contractor documents excessive supply chain issues to the satisfaction of the designer and the contractor has been responsive in regards to shop drawings, submittals and contract requirements, then a time extension for date certain completion will be considered. Liquidated Damages: Time is of the essence. The contractor shall complete work on site within the allotted time. Liquidated Damages shall be assessed for each calendar day beyond the substantial completion date in the amount of $200 per day. Liquidated damages shall be assessed for final completion beyond the final completion date in the amount of $100 per day. Workers on Job: All employees of the Contractor shall, while on Buncombe County Board of Education property, act in a professional and courteous manner. All workers shall be expected to wear long pants and shirts while on Board property. Also, all employees of the Contractor must "sign in" in the main office upon entering the facility and must "sign out" upon leaving the property. Any employee of the Contractor may be told to leave the property by either the Principal or the Electrical Supervisor, if they do not follow the above procedure. The employee shall be replaced with another at no additional cost to the Buncombe County Board of Education. Smoking or use of Tobacco products is prohibited on Buncombe County School’s property. In accordance with G.S. 14-208.18, all persons who (1) are required to register under the Sex Offender and Public Protection Program AND (2) have been convicted of certain sexually violent offenses or any offense where the victim was under the age of 16 years at the time of the offense are expressly forbidden to knowingly be present on any property owned or operated by the school system, including school buildings, athletic fields, playgrounds, parking lots, school buses, activity buses or other property of any kind for any reason, including attendance at sporting events or other school related functions, whether before, during or after school hours. It is the responsibility of the Contractor or vendor that their employees and sub-contractors are in accordance with G.S. 14-208.18. CRIMINAL BACKGROUND CHECKS At a minimum, the contractor shall obtain a complete North Carolina statewide criminal background investigation for all employees and subcontractors who will work on this project, covering a period for the last seven (7) years. If the contractor or subcontractor is from out of state, the criminal background investigation shall be broadened to include their home state, as well as the state of North Carolina as outlined above. The company providing such information must be recognized by local law enforcement agency as qualified to do so. All costs associated with these criminal background checks is the responsibility of the contractor. Each prime contractor will be responsible for their employees and all their subcontractors working under them. Any individual with the following criminal convictions or pending charges will NOT be permitted on any school project or property: 1. Child molestation or abuse or indecent liberties with a child 2. Rape 3. Any sexually oriented crime 4. Drugs: Felony use, possession or distribution 5. Murder, manslaughter or other death related charge; or 6. Assault with a deadly weapon or assault with intent to kill. Buncombe County Schools, may, at any time, request verification of criminal background investigation for any employee or subcontractor on school property. E-Verify: Contractor shall comply with E-Verify, 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 and as in accordance with N.C.G.S. §64-25 et seq. In addition, to the best of Contractor’s knowledge, any subcontractor employed by Contractor as a part of this contract shall be in compliance with the requirements of E-Verify and N.C.G.S. §64-25 et seq. Iran Divestment Act: North Carolina Local Government Units may not enter into contracts with any entity or individual found on the State Treasurer’s Iran Final Divestment List N.C.G.S. 143C-6A. By bidding on this project, the bidder certifies it is not listed on the Final Divestment List created by the State Treasurer. Equipment and Tools: The Contractor shall not use equipment or tools that are owned by the Buncombe County Board of Education. Also, employees of the Buncombe County Board of Education shall not be utilized by the Contractor except for opening locked doors and giving directions. Materials: All materials stored on site must be stored in a safe and secure manner that does not interfere with the school’s daily operation. Buncombe County Board of Education is not responsible for any materials, equipment or tools lost or stolen from the site. Clean Up: The area of work shall be cleaned daily so that the Buncombe County Board of Education shall not incur any additional costs to make the area suitable for the work process. Also, the Contractor shall utilize no trash receptacles or dumpsters owned by the Buncombe County Board of Education. All trash and removed materials shall be properly disposed of off the property. Onsite dumpsters shall not be used. Changes during project: Changes during the project shall only be made by written direction signed by the owner. No additional cost to the contract shall be allowed unless accepted in writing by the owner before work has begun. Payment: Progress payments can be made for this project. Documents required with first invoice: 1. Copy of Permit. 2. Notarized Contractors sales tax report (with every invoice) Final documents required: 1. Letter to the project manager from contractor which states all work is completed and payment is desired. 2. Delivery to owner, copies of all permits, certifications of inspection issued by the authorities having jurisdiction 3. Factory start-up, and adjustment test report. Three digital copies of the completed factory start-up sheet, installation, operation, and maintenance manuals shall be delivered to the owner on 2 Thumb drives (USB flash drives) Performance of Work: All work shall be performed at the highest level of quality. The Owner shall be responsible for determining the quality of work and may notify the Contractor of same. ANY WORK COMPLETED THAT IS NOT SUITABLE TO THE OWNER SHALL BE REPEATED BY THE CONTRACTOR AT NO COST TO THE OWNER. Any damage to existing area or utilities will be the responsibility of the Contractor. NO EXCEPTIONS. Warranty: All labor, material and equipment shall be warranted for one (1) year from issuance of inspection. Contractor must adhere to the guidelines within these specifications; failure to do so will result in default of payment by the BCBOE and/or cancelation of this contract. The Buncombe County Board of Education reserves the right to reject any or all bids for any for no reason. End of RFP# 28-22 CONTRACTOR'S SALES TAX REPORT NC State and Local Sales & Use Taxes Paid Bu4^x:x>mhe^C(yu4^y Schools CONTRACTOR: PO#/RFP# Address: For Period: Invoice Date Invoice # Type of Property NCTax 4.75% County Tax 2.25% Name of County TOTAL $ $ I certify that the above figures do not include any tax paid on supplies, tools and equipment which were used to perform this contract and only includes those building materials, supplies, fixtures and equipment which actually became a part of or annexed to the building or structure, and ail of the required sales and use tax have been paid, i certify that, to the best of my knowledge, the information provided here is true, correct, and complete. Sworn to and subscribed before me. This the __day of .20 Signed Notary Public My Commission Expires: Print or Type Name of Above & Title Seal NOTE: This certified statement may be subject to audit. The North Carolina General Assembly has amended the Statute to provide refunds of sales and use tax to local school units in accordance with the provisions of G.S. 105-164. 14(c) effective with tax paid on or after July 1, 1998. These refunds are to include the “sales and use taxes paid by contractors on building materials, supplies, fixtures and equipment that become a part of or annexed to a building or structure that is owned or leased by the governmental entity and is being erected, altered or repaired for use by the governmental entity (G.S. 1O5-164.14).” Sales and Use Tax Technical Bulletin Section 18-2F specifies: “To substantiate a refund claim for sales or use taxes paid on purchases of building materials, supplies. fixtures and equipment by its contractor, the claimant must secure from such contractor certified statements setting forth all of the following information: a. the date the property was purchased; b. the type of property purchased: c. the project for which the property was used: d. if the property was purchased in this State, the county in which it was purchased; e. if the property was not purchased in this State, the county in which the property was used; and f. the amount of sales and use taxes paid. In the event the contractor makes several purchases from the same vendor, such certified statement must indicate the invoice numbers, the inclusive dates of the invoices, the total amount of the invoices and the State and local sales and use taxes paid thereon. Such statement must also include the cost of any tangible personal property withdrawn from the contractor's warehouse stock and the amount of sales and use tax paid thereon by the contractor. Similar certified statements by his subcontractors must be obtained by the general contractor and furnished to the claimant. Any local sales or use taxes must be shown separately from the State sales or use taxes. The contractor’s statements must not contain sales or use taxes paid on purchases of tangible personal property purchased by such contractors for use in performing the contract which does not annex to, affix to or in some manner become a part of the building or structure that is owned or leased by a governmental agency and is being erected, altered or repaired for use by a governmental entity as defined by G.S. 105-164.14(c). Examples of property on which sales or use tax has been paid by the contractor and which shall not be included in the contractor's statement are scaffolding, forms for concrete, fuel for the operation of machinery and equipment, tools, repair parts and equipment rentals. All information requested in these specifications and actual bids shall be entered on enclosed “Request for Proposal" All areas of this document must be completed in full, especially: (1) Name of Company, (2) By (signature), (3) Official Title, and (4) Quotation Date. GENERAL CONDITIONS The General Conditions for the project shall be AIA Document A201-2017, entitled; “General Conditions of the Contract for Construction”. A copy of the General Conditions is available from the owner upon request. END OF GENERAL CONDITIONS {CS: 00060746.DOCX } Page 1 of 32 SUPPLEMENTARY GENERAL CONDITIONS - 2019 ________________________________________________________________________ AMENDMENT (MODIFICATIONS) TO GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION AIA DOCUMENT A201-2017 NOTE: All references to "Article", "§", and "Section" refer to the matching Article number and Section number in AIA Document A201-2017 General Conditions of the Contract for Construction 1. The General Conditions of the Contract for Construction, AIA Document A201-2017, are altered by the modifications, deletions, additions, and substitutions contained in these Supplementary General Conditions. 2. § 1.1.1 is amended by deleting the words "Agreement between the Owner and Contractor" in the first line of the first sentence and adding "AIA Document A101-2017 Standard Form of Agreement Between Owner and Contractor" in their place. 3. § 1.1.2 is amended by adding "(the Contract)" after the last word of the first sentence. Delete the fourth sentence of the paragraph. Delete ", however," from the fifth sentence of the paragraph. 4. § 1.1.5 is deleted and replaced with the following: § 1.1.5 The Drawings The Drawings are the technical, graphic and pictorial portions of the Contract Documents showing the design, location, and dimensions of the Work, including, but not limited to, plans, elevations, sections, details, schedules, diagrams, and other information which defines the requirements for the Work. 5. § 1.1.6 is deleted and replaced with the following: § 1.1.6 The Specifications The Specifications are that portion of the Contract Documents consisting of explicit and detailed written requirements for materials, equipment, systems, standards, and workmanship requirements for the Work, performance standards, specific warranties, and performance of related services. 6. § 1.1.8 is amended by adding the words "and certify termination of the Contract under Section 14.2.2" before the period in the first sentence of the paragraph. 7. A new § 1.1.9 is added as follows: § 1.1.9 Project Manual {CS: 00060746.DOCX } Page 2 of 32 The Project Manual is a printed volume or volumes assembled for the Work of the Project which includes the bidding or proposal requirements, sample forms, Conditions of the Contract, Specifications and other Contract Documents. The Project Manual is part of the Contract Documents. 8. A new § 1.1.10 is added as follows: § 1.1.10 Project Manual Addenda Project Manual Addenda are written or graphic instruments issued prior to the execution of the Contract, which modify or interpret the bidding or proposal documents, including Drawings and Specifications, by additions, deletions, clarifications, or corrections. Addenda are part of the Contract Documents. 9. A new § 1.1.11 is added as follows: § 1.1.11 Abbreviations The following abbreviations and their meanings are: AIA: American Institute of Architects ACI: American Concrete Institute AHERA: Asbestos Hazardous Emergency Response Act AISI: American Iron and Steel Institute AISC: American Institute of Steel Construction ASA: American Standards Association ASTM: American Society of Testing Materials AWSC: American Welding Society Code CERCLA: Comprehensive Environmental Response, Compensation, and Liability Act EPA: Environmental Protection Agency NC DEQ North Carolina Department of Environmental Quality NC DOI North Carolina Department of Insurance FS: Federal Specification NEC: National Electrical Code NIC: Not in Contract. Indicates work not to be done by this Contractor under this contract. OSHA: Occupational Safety and Health Administration SPR: Simplified Practice Recommendation UL: Underwriters Laboratories, Inc. 10. A new § 1.2.4 is added as follows: § 1.2.4 Current Editions When the Contract Documents refer to standards, building codes, manufacturers’ instructions, or other documents, unless otherwise specified, then the current edition as of the date of execution of the Agreement by the last party to execute said Agreement shall apply. It shall be the responsibility of the Architect to address revisions or amendments to applicable codes or standards which arise after the date of execution of the Agreement and until Final Completion, {CS: 00060746.DOCX } Page 3 of 32 pursuant to the terms of the Agreement between Owner and Architect. Requirements of public authorities apply as minimum requirements only and do not supersede more stringent specified requirements. 11. § 1.3 is amended by capitalizing the letter "A" in the word "Articles" and by adding the words "and Sections" after the word "Articles". 12. § 1.5, § 1.5.1, and § 1.5.2 are deleted and replaced with the following § 1.5: § 1.5 Ownership and Use of the Contract Documents The Contract Documents are the property of the Owner which may be used by the Contractor, Subcontractors, materials and equipment suppliers, and service providers for the Project only, and not for other projects or work. 13. § 2.1.1 is deleted and replaced with the following: § 2.1.1 The Owner is the body corporate board of education described in the Agreement. The Owner acts through vote of a majority of its board members (hereinafter "the Board") at official meetings of the Board. The Board, by majority vote, is the only representative of the Owner having the power to enter into or amend the Contract, to approve changes in the scope of the Work, to approve and execute a Change Order or Construction Change Directive modifying the Contract Sum or Guaranteed Maximum Price, or to agree to an extension to the dates of Substantial or Final Completion. The Board will act when requested in writing to do so as soon as reasonably possible to avoid undue delays. The Board will designate an authorized representative to act on its behalf for day-to-day operations under the Contract. Unless otherwise designated in the Contract Documents, the Owner’s authorized representative shall be the Superintendent of Schools. The Owner's authorized representative, or their delegate, has the authority to approve changes to the Work in accordance with Board Policy 9030. Any such change shall be confirmed in writing between the Contractor and the Owner’s Superintendent or designee and notice of such approved changes shall be given to the Board at its next regular meeting. The Architect does not have such authority except as otherwise provided in the Contract Documents. Neither the Architect nor the Contract Documents may rely upon direction of any employee of the Owner who has not been designated in writing by the Superintendent or the Board; the Owner shall not be financially responsible for actions taken by the Architect or the Contractor in reliance upon direction from unauthorized persons. 14. § 2.1.2 is deleted and replaced with the following: § 2.1.2 It shall be distinctly understood that no mechanic, Contractor, Subcontractor, material or equipment supplier, supplier of labor services, and suppliers of surveying, engineering, and other professional services shall ever in any manner have, claim, or acquire any lien upon the buildings, equipment, or furnishings or any of the improvements of whatsoever nature or kind so erected or to be erected by virtue of this Contract or upon any of the land on which said buildings or any of its improvements are to be erected, built or situated, such property belonging to a political subdivision of the State of North Carolina. {CS: 00060746.DOCX } Page 4 of 32 15. A new § 2.1.3 is added as follows: § 2.1.3 The Owner shall require the Contractor, the Subcontractors, the Architect and the Architect's consultants to meet periodically at mutually-agreed-upon intervals, for the purpose of establishing procedures to facilitate cooperation, communication, and timely responses among the participants in the performance of the Work. 16. A new § 2.1.4 is added as follows: § 2.1.4 The Owner may require that the Contractor use and/or respond to certain Owner furnished forms or inquiries regarding the status of the Work during the course of the Project. From time to time, there may be future revisions, changes, additions, or deletions to these forms. The fact that the Owner modifies and increases reasonable reporting requirements shall not serve as the basis for a claim for additional time or compensation by the Contractor. 17. A new § 2.1.5 is added as follows: § 2.1.5 The Contractor stipulates and agrees that the Owner has no duty to discover any design defects, errors, or omissions whether in the Drawings, Plans, Specifications and other Construction Documents. The Owner will, however, notify the Contractor and the Architect of design defects, errors or omissions of which the Superintendent of the Board or the Board have actual knowledge. By entering into the Contract Documents or any Agreement with any Architect, the Owner does not warrant the adequacy and accuracy of any Drawings, Plans, Specifications or other Construction Documents. 18. §§ 2.2, 2.2.1, 2.2.2, 2.2.3, and 2.2.4 are deleted in their entirety. 19. § 2.3.6 is amended by deleting the words "pursuant to Section 1.5.2" from the sentence. 20. §§ 3.1.1, 3.1.2, and 3.1.3 are amended by deleting the word "Documents" in all three sections. 21. A new § 3.1.4 is added as follows: § 3.1.4 The Contractor represents and warrants the following to the Owner (in addition to the other representations and warranties contained in the Contract Documents), as an inducement to the Owner to execute this Contract, which representations and warranties shall survive the execution and delivery of the Contract and the Final Completion of the Work: .1 that it is financially solvent, able to pay its debts as they mature, and possessed of sufficient working capital to complete the Work and perform its obligations under the Contract; .2 that it is able to furnish the tools, materials, supplies, machinery, equipment and labor required to timely complete the Work and perform its obligations hereunder and has sufficient experience and competence to do so; {CS: 00060746.DOCX } Page 5 of 32 .3 that it is authorized to do business in the State where the Project is located and properly licensed by all necessary governmental, public, and quasi-public authorities having jurisdiction over it, the Work, or the site of the Project; and .4 that the execution of the Contract and its performance thereof are within its duly authorized powers. 22. § 3.2.1 shall be amended by adding the following at the end of the existing paragraph: The Contractor represents and warrants by submission of a Proposal that he has carefully examined the Project Manual and Addenda, the Contract Documents, any soil test reports, drainage studies, geotechnical or other reports and the site of the Work, and that, from his own investigations, he has satisfied himself as to the nature and location of the Work, the condition of the site, the scope of the Work, weather conditions at the site of the Work, the character, quality and quantity of surface and subsurface materials likely to be encountered, the character of machinery and equipment and other facilities needed for the performance of the Work, the character, quality, quantity, and availability of labor and Subcontractors required for the Work, the character, quality and quantity of labor required for the Work, the character, quality and quantity of professional services required for the Work, the character, quality, quantity and availability of materials, machinery, equipment and furnishings required for the Work, and all other matters and things which may in any way affect the Work or its performance. Should the Contractor find discrepancies, omissions or conflicts within the Contract Documents, or be in doubt as to their meaning, the Contractor shall at once notify in writing the Architect and the Owner, and the Architect will issue a written addendum to all parties that is consistent with the Owner’s Scope of the Work. The Contractor shall not be entitled to any additional time or compensation for the Contractor’s failure to visit the site, or any additional Work caused by the Contractor’s fault, by improper construction, or by the Contractor’s failure to visit the site or to carefully study and compare Contract Documents prior to execution of the Work. 23. § 3.2.2 is amended by deleting "not" and deleting "; however," in the second sentence of the paragraph; adding a period after the word "Documents"; capitalizing the letter "t" in the second sentence following the deleted word "however"; and adding the words "and Owner" after the word "Architect" in the second sentence. Sec. 3.2.2 is further amended by adding the following at the end of the existing paragraph: "The Contractor shall not perform any work involving an error, inconsistency, or omission without further instructions from the Architect or revised Contract Documents from the Architect." 24. § 3.2.3 is amended by inserting "Neither the Owner nor" at the beginning of the paragraph; changing the upper case "T" to a lower case "t" for the word "The"; delete "not" in the first line of the paragraph; add "and Owner" following the words "report to the Architect". 25. § 3.2.4 is amended by adding the following at the beginning of the existing paragraph: {CS: 00060746.DOCX } Page 6 of 32 If the Contractor has knowledge that any of the products or systems specified will perform in a manner that will limit the Contractor’s ability to satisfactorily perform the Work or to honor its warranties, or will result in a limitation of or interference with the Owner’s intended use, then the Contractor shall promptly notify the Architect and the Owner in writing, providing substantiation for its position. Any necessary changes in the Work, including substitutions, shall be accomplished by appropriate Modification. Add the words "changes in the Work," after the words "because of" and a comma after the word "clarifications" in the original first sentence; Add the words "or this section" after the number 3.2.3 in both the original first sentence and the original second sentence; Add the words "and the Contractor shall not be entitled to additional compensation or time for performance of the Work." at the end of the original second sentence. 26. Add a new § 3.2.5 as follows: § 3.2.5 Prior to performing any Work, the Contractor shall locate all utility lines as shown and located on the plans and specifications, including telephone company lines and cables, sewer lines, water pipes, gas lines, electrical lines, including, but not limited to, all buried pipelines and buried telephone cables, and shall perform any Work in such a manner so as to avoid damaging any such lines, cables, pipes and pipelines during its Work, and shall be responsible for any loss, damage or extra expense resulting from such damage. Repairs shall be made immediately to restore all service. Any delay for such break shall be attributable to the Contractor. In addition, the Contractor shall review appropriate AHERA and hazardous material surveys for the Project, and shall notify all Subcontractors and Sub-Subcontractors of the necessity to review said surveys. The Contractor shall perform any Work in such a manner as to avoid damaging, exposing, or dislodging any asbestos-containing materials or other hazardous materials that are clearly identified and located in AHERA and other hazardous material surveys. Before performing any portion of the Work, the Contractor shall fully investigate all physical aspects of the Project Site and verify all dimensions, measurements, property lines, grades, and elevations, existing improvements, and general suitability of existing conditions at the Project site. 27. Add a new § 3.2.6 as follows: § 3.2.6 The Contractor shall arrange meetings prior to commencement of the Work of all major Subcontractors to allow the Subcontractors to demonstrate an understanding of the Work and Contract Documents to the Architect and to allow the Subcontractors to ask for interpretations, when necessary. Each major Subcontractor shall review the Project Manual and the Construction Documents and shall evaluate and satisfy themselves as to the conditions and limitations under which the Work is to be performed. 28. Add a new § 3.3.4 as follows: {CS: 00060746.DOCX } Page 7 of 32 § 3.3.4 The Contractor shall properly and efficiently coordinate the timing, scheduling and routing of all Work performed by all trades and Subcontractors. The Contractor shall develop and maintain a schedule of critical path construction activities for the Work. This critical path schedule shall be updated at least bi-monthly and presented to the Architect upon request. 29. Add a new § 3.3.5 as follows: § 3.3.5 The Contractor shall review Subcontractor safety programs, procedures, and precautions in connection with performance of the Work. However, the Contractor’s duties shall not relieve any Subcontractor(s) or any other person or entity, including any person or entity with whom the Contractor does not have a contractual relationship, of their responsibility or liability relative to compliance with all applicable federal, state, and local laws, rules, regulations, and ordinances and manufacturers' instructions which shall include the obligation to provide for the safety of their employees, other persons, and property and the requirements to maintain a work environment free of recognized hazards. 30. Add a new § 3.3.6 as follows: § 3.3.6 It is understood and agreed that the relationship of the Contractor to the Owner shall be that of an independent Contractor. Nothing contained in this Agreement or inferable from this Agreement shall be deemed or construed to: 1) make the Contractor the agent, servant or employee of the Owner; or 2) create any partnership, joint venture, or other association between the Owner and the Contractor. Any direction or instruction by the Owner or any of its authorized representatives in respect of the Work shall relate to the results the Owner desires to obtain from the Work, and shall in no way affect the Contractor’s independent Contractor status. 31. § 3.4.1 is amended by adding "qualified, careful, and efficient workers and" in the first sentence before "labor", and after "labor" add "eligible to work in accordance with state and federal law". At the end of the original paragraph of § 3.4.1 add the following: Before ordering any material or doing any Work, the Contractor shall verify that all dimensions specified in the Drawings, Specifications and other Construction Documents are consistent with all actual dimensions in the field. Any inconsistency shall be brought to the attention of the Architect. In the event that discrepancies exist and the Architect was not notified beforehand, then costs to correct and/or replace ordered materials shall be borne by the Contractor. This subsection does not relieve the Architect of any contractual duties owed to the Owner. 32. § 3.4.2 is amended by adding "prior written" before "consent of the Owner". 33. A new § 3.4.4 is added as follows: § 3.4.4 Including, but not limited to, the specific requirements of § 3.3.5 and Article 10, the Contractor, its Subcontractors and vendors shall bear responsibility for compliance with all federal, state and local laws, regulations, guidelines, and ordinances pertaining to safety of persons and property applicable to the Work. The Contractor further recognizes that the Owner {CS: 00060746.DOCX } Page 8 of 32 and the Architect do not owe the Contractor any duty to supervise or direct its work so as to protect the Contractor from the consequences of its own conduct. 34. § 3.5 is amended as follows: § 3.5 shall be amended by changing the section title "WARRANTY" to "WARRANTIES AND GUARANTEES". 35. § 3.5.1 is amended by adding the following language after the original second sentence in subsection 3.5.1: The Contractor further warrants and guarantees that Contractor shall perform the Work in a good and workmanlike manner, continuously and diligently in accordance with generally accepted standards of construction practice for construction projects similar to the Project, except to the extent the Contract Documents expressly specify a higher standard, in which case the standard shall be the higher standard. All material shall be installed in a true and straight alignment, level and plumb, patterns shall be uniform, and joining of materials shall be flush and level, unless otherwise directed in writing by the Architect. Delete the words "or equipment" and replace with "systems, machinery, equipment or components" in the original third sentence of § 3.5.1. Change the word "may" to "will" in the original third sentence of § 3.5.1. 36. § 3.5.2 is amended as follows: Delete the words "in accordance with § 9.8.4" and substitute the words "on the date of Final Completion as provided in § 9.10". Add the following paragraph following the first sentence of the section: All specified express warranties required by the Contract Documents on workmanship, equipment, machinery, materials, systems, or components shall be submitted in writing to the Architect for delivery to the Owner no later than the date of Final Completion. Unless specified otherwise, all warranties shall run from the date of Final Completion for a period of three (3) years. Warranties under Section 3.5.1 are not exclusive of any other warranties or guarantees set out in other places in the Contract Documents or expressed or implied under applicable law. 37. Add a new § 3.5.3 as follows: § 3.5.3 Upon written notice from the Owner or the Architect, the Contractor shall promptly remedy defects in the Work as covered by applicable warranties. If the Contractor does not respond to the written notice within ten (10) days of Contractor's receipt of a written notice, either by beginning corrective work or notifying the Owner in writing regarding when corrective work will begin, the Owner may take measures to correct the Work and the Contractor will be obligated to reimburse the Owner’s costs including reasonable consultant, engineering and legal fees. The {CS: 00060746.DOCX } Page 9 of 32 provisions of this subparagraph shall be in addition to, and not in lieu of, any other rights and remedies available to the Owner. 38. Add a new § 3.5.4 as follows: § 3.5.4 The Contractor agrees to perform the Work in such manner so as to preserve any and all manufacturers, suppliers, installers', material, and performance warranties. 39. Add a new § 3.5.5 as follows: § 3.5.5 The warranties of the Contractor provided in Section 3.5 shall in no way limit or abridge the warranties of the manufacturers, suppliers, and installers of materials, machinery, equipment, systems or components, performance warranties, and process warranties which are to comprise a portion of the Work and all such warranties shall be in form and substance as required by Contract Documents. The Contractor shall take no action or fail to act in any way which results in the denial, termination, or expiration of such third-party warranties or which otherwise results in prejudice to the rights of the Owner under such warranties. The Contractor agrees to provide all notices required for the effectiveness of such warranties and shall include provisions in the contracts with the suppliers, manufacturers, and installers of such materials, machinery, systems, and equipment whereby the Owner shall have a direct right, but not a duty, of enforcement of such warranty obligations. 40. Add a new § 3.5.6 s as follows: § 3.5.6 Prior to Final Completion of the Work, and as a requirement for achieving Final Completion the Contractor shall: .1 Obtain duplicate originals of all warranties, executed by the Contractor and all Subcontractors, manufacturers, suppliers, and installers, making the dates of beginning of the warranties the Date of Final Completion unless otherwise required by the Contract Documents; .2 Verify that the documents are in proper form, contain full information, and have been signed by the proper parties with full authority to sign the same; .3 Co-sign or sign warranties when required; .4 Bind all warranties in an 8-1/2 x 11 inch three-ring binder, with hardback, cleanable, plastic covers; .5 Label the cover of each binder with a typed or printed label entitled "WARRANTIES", along with the title of the Project, name, address and telephone number of the Contractor, and name of its responsible principal; .6 Include a Table of Contents, with each item identified, and with the name, address, and telephone numbers of each party executing the warranty; {CS: 00060746.DOCX } Page 10 of 32 .7 Separate each warranty with index tab sheets keyed to the Table of Contents listing; .8 Deliver warranties in the form described above, to the Architect who will review same prior to submission to the Owner and who will then submit the same to the Owner. 41. § 3.11 is amended by adding "field test records, inspection certificates or records, manufacturers’ certificates," after "Shop Drawings," in the first sentence and by adding "at all times" in the second sentence after "Architect and Owner". 42. § 3.12.2 is deleted and replaced with the following: § 3.12.2 Product Data consists of written, printed, drawn, sound recording, video recording, computer generated, electronic or any other form of communication created by manufacturers, suppliers, testing organizations, standards organizations, manufacturer and supplier associations and trade groups, and similar creators of such communications, regarding materials, equipment, machinery, systems, processes and the components thereof, and regarding the installation, use, testing, operation, service, and maintenance thereof. By way of illustration, but not excluding other forms of such communication, Product Data is found in: Manufacturer's Recommendations Manufacturer's Instructions Installation Manuals Construction Manuals Product Manuals Operation Manuals Product Specifications Product Descriptions Manufacturer's Requirements Production Information Installer Licensing Requirements Installer Training Requirements Installer Experience Requirements Test Data Performance Data Product Diagrams Product Drawings Performance Charts Instructions Brochures Illustrations Assembly Instructions Charts 43. § 3.12.4 is amended by deleting the last sentence of the paragraph and substituting the following: "Informational submittals upon which the Architect is not expected to take responsive action shall be retained by the Architect and preserved for a period of ten (10) years following Final Completion." 44. § 3.12.5 is amended by deleting the word "approved" in the two places it appears in the third line of the paragraph and substituting the word "required" in each place. 45. § 3.12.8 is amended by adding the words "and in accordance with the informational submittals upon which the Architect is not expected to take responsive action" following the words "approved submittals" in the first sentence. 46. § 3.12.10 is amended by deleting the last sentence of the paragraph. {CS: 00060746.DOCX } Page 11 of 32 47. § 3.15.1 is amended by adding ", on a daily basis," after "Contractor" in the first line of the first sentence. Add the following after the first sentence of the section: The Contractor shall provide on-site containers for the collection of waste materials, debris, of all such materials at legal disposal areas away from the Project site. All cleaning operations shall be scheduled so as to ensure that contaminants resulting from the cleaning process will not fall on newly-coated or newly-painted surfaces. Add the following at the end of the existing paragraph of the section: Immediately after unpacking materials, equipment and machinery, all packing case lumber or other packing materials, wrapping or other like flammable waste shall be collected and removed from the building. Care shall be taken not to mark, soil, or otherwise deface any finish. In the event that any finish becomes defaced in any way the Contractor or any of its Subcontractors shall clean and restore such surfaces to their original condition. 48. Add a new § 3.15.3 as follows: § 3.15.3 The Contractor shall be responsible for the protection of the Work. Prior to the Architect’s inspection for Substantial Completion, the Contractor shall clean the exterior and interior surfaces exposed to view, remove temporary labels, stains, putty, soil, paint and foreign substances from all surfaces, including glass and painted surfaces, polish transparent and glossy surfaces, clean equipment and fixtures to a sanitary condition, replace air filters in mechanical equipment, clean roofs, gutters, and downspouts, remove obstructions and flush debris from drainage systems, clean site, sweep paved areas and rake clean other surfaces, remove trash and surplus materials from the site, clean and polish all floors, clean and polish all hardware, and repair all Work damaged during cleaning. 49. Add a new § 3.15.4 as follows: § 3.15.4 After Substantial Completion and prior to Final Completion, the Contractor shall; (1) employ skilled workers for final cleaning, (2) remove grease, mastic adhesive, dust, dirt, stains, fingerprints, labels and other foreign materials from all sight-exposed interior and exterior surfaces, (3) wash and shine glazing and mirrors, (4) polish glossy surfaces to a clear shine, (5) vacuum clean carpeted and similar soft surfaces, (6) clean (damp mop with clean mop and water) resilient and hard surface floors repeating as necessary until no visible residue remains on floors, (7) clean plumbing fixtures to a sanitary condition, (8) clean surfaces of all equipment and remove excess lubrication, (9) clean permanent filters and replace disposable filters in ventilating systems if units were operated during construction and clean ducts, blowers, and coils, (10) clean light fixtures, (11) remove waste, foreign matter and debris from roofs, gutters, downspouts, yard drains, and drainage ways, (12) remove waste, debris and surplus materials from the site, (13) remove the stains, spills and foreign substances from paved areas, and (14) broom clean exterior concrete and paved surfaces and rake clean the grounds. {CS: 00060746.DOCX } Page 12 of 32 50. § 4.2.1 is amended by deleting the words "date the Architect issues the final Certificate for Payment" and substituting the words "end of the one-year period for correction pursuant to Section 12.2.2". 51. § 4.2.6 is amended by replacing "has authority to" with "shall" in the first sentence. At the end of the existing paragraph add the following: The Architect and the Contractor shall promptly notify, orally and in writing, the other party and the Owner of any fault or defect in the Work or nonconformance of the Work with the Contract Documents they may respectively discover and each, upon discovery of the defect or nonconformance, shall be responsible for notifying the other party and the Owner of those corrective actions they respectively take; provided, however, the Contractor shall have no duty to notify the Owner of discoveries made or actions taken by the Architect. 52. § 4.2.9 is amended as follows: Capitalize the letters "f" and "c" in the words "final completion" in the first phrase. Add the words "and Final Completion" before the word "pursuant" in the second phrase. Add the words "and Section 9.10" after the words "Section 9.8" in the second phase. 53. § 4.2.11 is amended in the first line by deleting "decide matters" and replacing it with "make recommendations". 54. § 4.2.12 is amended in the first line by deleting "and decision" and replacing it with "or recommendations" and placing a period after "Contractor" in the second sentence and deleting all of the remaining language to the end of the paragraph. 55. § 5.1.2 is amended by deleting the first sentence and replacing it with the following: "A Sub- Subcontractor is a person or entity of a lower tier than a Subcontractor who has a direct or indirect contract with a Subcontractor or with another Sub-Subcontractor." 56. A new § 5.2.5 is added as follows: § 5.2.5 Each Contractor, Subcontractor and Sub-Subcontractor shall be required to completely familiarize themselves with the plans and specifications, to visit the Work site to completely familiarize themselves with existing conditions, and to conduct any other appropriate investigations, inspections or inquiries prior to submission of a bid or proposal. No increases in Contract Sums shall be allowed for failure to so inspect and investigate. 57. § 5.3 is amended by adding "§ 5.3.1" at the beginning of the original paragraph. The following new sentence is added after the first sentence of § 5.3.1: "The terms and conditions of the Contract Documents shall be incorporated by reference into each subcontract agreement, except as provided below." {CS: 00060746.DOCX } Page 13 of 32 58. Add a new § 5.3.2 as follows: § 5.3.2 All agreements between the Contractor and Subcontractors shall state that the Owner "is an intended third-party beneficiary of this Contract." Consistent with third-party beneficiary status, neither the Owner nor the Architect shall be obligated to pay or to insure the payment of any monies to Subcontractors and Sub-Subcontractors. 59. Add a new § 5.3.3 as follows: § 5.3.3 The Contractor shall require any potential Subcontractor to disclose to the Contractor any ownership interest or familial relationship between or among the Contractor, the Architect, the Owner and the potential Subcontractor prior to entering into a subcontract. The Contractor shall report to the Owner all such disclosures and the Owner shall have the right, in its sole discretion, to reject any such affiliated Subcontractor. 60. § 6.1.1 is amended by placing a period after the word "forces" in the second sentence and deleting the remainder of the second sentence after the period. 61. § 6.1.2 is deleted in its entirety. 62. § 6.1.4 is deleted in its entirety. 63. Add a new § 7.1.4 as follows: § 7.1.4 Allowance balances may be used to fund changes in the Work. The Contractor will not be allowed an overhead, profit or fee mark-up when changes to the Work are funded by one of the Allowances. 64. Add a new § 7.2.2 as follows: § 7.2.2 The Contractor expressly agrees that the acceptance of a Change Order by the Contractor constitutes full accord and satisfaction and release of any and all Claims, whether direct or indirect, arising from the subject matter of the Change Order. 65. Add a new § 7.3.11 as follows: § 7.3.11 The Owner and the Contractor mutually agree that the fixed or percentage fee calculations shall not exceed the following: .1 for any Work performed by the Contractor’s own forces, 15% of the costs of the change in the Work exclusive of overhead and profit; .2 for any Work performed by a Subcontractor or Sub-subcontractor, an amount not to exceed 22.5% of the costs of the change exclusive of overhead and profit, with 15% of that amount assigned to the Contractor and 7.5% assigned to the Subcontractor or Sub- subcontractor. 66. Add a new § 7.5 as follows: {CS: 00060746.DOCX } Page 14 of 32 § 7.5 Items Excluded from Adjustments in the Contract Sum § 7.5.1 Costs for all changes in the Work shall not include the Contractor’s capital expenses, including interest on the Contractor’s capital employed for the Work. § 7.5.2 Costs due to the fault or negligence of the Contractor, Subcontractors, and Sub- subcontractors, anyone directly or indirectly employed by any of them, or for whose acts and omissions any of them may be liable, including but not limited to costs for the correction of damaged, defective, or nonconforming Work, disposal and replacement of materials and equipment incorrectly ordered or supplied, and making good any damage to property which is not part of the Work or the Project shall not be included in any increase in the Contract Sum 67. Add a new § 7.6 as follows: § 7.6 Records and Accounts of Changes The Contractor shall check all materials, equipment, and labor entering into the Work as a result of changes in the Work and shall keep full and detailed accounts and records of quantities, prices, and costs thereof satisfactory to the Architect and the Owner. The Architect and the Owner shall have full access to all of the Contractor’s accounts and records relating to changes in the Work, including but not limited to receipts, vouchers, cancelled checks, requests for quotations, quotations, requests for information, information, invoices, correspondence, memoranda, drawings, purchase orders, reports, inspections, instructions, change orders with Subcontractors and Sub-subcontractors and similar data. 68. § 8.1.2 is amended by deleting "established in the Agreement" and replacing it with the following language: established in the written Notice to Proceed issued by the Architect. The Notice to Proceed shall not be issued by the Architect until the Agreement has been signed by the Contractor, representative, and the Owner and the Architect have received, and approved as to form, all required payment and performance bonds and insurance, in compliance with Article 11. Issuance of the Notice to Proceed shall not relieve the Contractor of its responsibility to comply with Article 11. 69. § 8.1.3 is amended by adding the following new sentence after the first sentence: The date of Final Completion is the date certified by the Architect in accordance with Paragraph 9.10. Unless otherwise agreed in writing by the Owner, the Contractor agrees that Final Completion shall occur not more than thirty (30) days after the date of Substantial Completion. 70. § 8.2.3 is amended by adding the words "and Final Completion" after the words "Substantial Completi...

175 Bingham Road, Asheville, NC 28806Location

Address: 175 Bingham Road, Asheville, NC 28806

Country : United StatesState : North Carolina

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