Cafeteria Roof System- Battleground- REVISED

Educating the Future PO Box 400, Lincolnton, NC 28093 Phone: 704-732-2261 Fax: 704-736-4321 Request for Proposal March 13, 2024; Bid deadline extended to April 2, 2024 Scope of Work: Lincoln County Schools is accepting bids to replace the cafeteria tar and gravel roof system at the following site: Battleground Elementary School 301 Jeb Seagle Drive Lincolnton, NC 28092 Specifications: • Roof area approximately (6400 sq. ft) • Remove existing tar and gravel roof system, leaving vapor barrier in place • Install 1 layer of 2.6” ISO insulation (R-15) set in foam adhesive • Install a .060 TPO roof system using the fully adhered method of application per the manufacturer’s specifications • Install new aluminum retro-fit roof drains (6 each) • All existing roof penetrations flashed into the new roof system • Install new 24-gal pre-finished edge metal and flash into the new roof system • Remove all trash and debris from the site Prospective bidders must schedule a site visit with Mr. Ted

Ramsey, Director of Maintenance, prior to bidding. Bid Requirements: Bids that do not contain all of the information that has been requested will not be considered during the bid opening. All bids should include the following. • Manufacture warranty information • Contractor warranty information • Total cost • Expected start and completion dates. Attachment The following document is attached to and incorporated herein to the Request for Proposal: • Sample Contract Agreement for this project Lincoln County Schools Contractor Requirements must be met. (Requirements can be found on the Lincoln County Schools website under “Public Bid Notices.”) Permitting: Amy and all permits and inspections (if applicable) must be obtained prior to beginning work. https://www.lcsnc.org/cms/lib/NC01911169/Centricity/Domain/4/LCS%20Contractor%20Requirements%20Packet%2003.17.2022.pdf Educating the Future PO Box 400, Lincolnton, NC 28093 Phone: 704-732-2261 Fax: 704-736-4321 NOTE: The Maintenance Coordinator will be the primary project contact. Project Start Date: May 30, 2024 (Must be completed by August 5, 2024.) Bid Deadline: April 2, 2024 Sealed bids must be submitted by 4:00 PM. Submit Bid To: Cathy Gates Administrative Assistant to the Superintendent Lincoln County Schools Mailing Address: 201 Jeb Seagle Drive PO Box 400 Lincolnton, NC 28092 Lincolnton, NC 28093 cgates@lincoln.k12.nc.us Delivery Instructions: Sealed bids must be Hand Delivered or Delivered by the U.S. Postal Service NOTE: Bid package must be labeled appropriately (Ex: Roof Bid- BG) Contact Mr. Ted Ramsey, Maintenance Coordinator, to schedule a site visit or with any questions you may have about this project. tramsey@lcsnc.org or 704-736-4200 mailto:cgates@lincoln.k12.nc.us mailto:tramsey@lcsnc.org Educating the Future PO Box 400, Lincolnton, NC 28093 Phone: 704-732-2261 Fax: 704-736-4321 Construction Contract THIS AGREEMENT, made this day of ________ 20 , by and between the LINCOLN BOARD OF EDUCATION (“Owner”), on the one hand, and ("Contractor"), on the other hand, for the LED Sports Lighting Project (“Project”) WITNESSETH: That the Owner and the Contractor, for the consideration herein named, agree as follows: 1. Scope of Work: The Contractor shall furnish all material, equipment, labor, services and supervisions necessary to complete the Project as specified in the Request for Bid dated and any attachments, (collectively "Specifications"), which are incorporated herein and attached hereto as Exhibit A. A copy of the Contractor’s bid is incorporated herein and attached hereto as Exhibit B. If there are any contradictions between this Agreement, the Specifications, or the Contractor’s bid, this Agreement and the Specifications shall control. 2. Beginning Work and Substantial Completion: The Contractor will begin work within ( ) calendar days after receiving a Notice to Proceed from the Owner and shall substantially complete the Project in accordance with the Specifications no later than ( ) calendar days from the date of the Notice to Proceed. The Owner shall make an inspection to determine whether the Project is substantially complete. When the Owner determines that the Project is substantially complete in accordance with the Specifications, the Contractor shall prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion. Contractor may be allowed delays beyond the ( ) calendar days for the following weather conditions, if applicable: 1) isolated inclement weather, wherein the Project site is determined to be unworkable for days of precipitation and/or temperature and days following for short times between otherwise good weather; and 2) sustained inclement weather, wherein the Project site is determined to be unworkable for sustained periods of time, such as the winter months, with only an occasional working day within the sustained unworkable conditions. If the Contractor believes either condition applies, a written request shall be made within seven (7) calendar days following the beginning of the condition to the Owner for a site meeting and a joint determination of the site conditions and approval of the delay. The Owner will catalog these approved delays and will incorporated them into a Change Order for signature by the Owner and Contractor. Educating the Future PO Box 400, Lincolnton, NC 28093 Phone: 704-732-2261 Fax: 704-736-4321 The Owner shall assess liquidated damages against the Contractor in the amount of five hundred dollars ($500) per day for every day that the Project extends beyond ( ) calendar days from the Notice to Proceed (adjusted as specified herein) until a Certificate of Substantial Completion is issued. 3. Punch List and Final Completion. The Contractor shall diligently complete all punch list items and shall complete Final Completion no later than ( ) days from the date of Substantial Completion. 4. Default and Termination: If the Contractor fails to complete the Project within the times specified in Sections 2 and 3 or fails to diligently perform the work with sufficient workmen and equipment or with sufficient materials to ensure the prompt completion of said work or performs the work unsuitably or shall discontinue the prosecution of the work or not carry on the work in an acceptable manner, the Owner may give written notice, sent by certified mail return receipt requested, to the Contractor of such delay, neglect or default, specifying the same, and, if the Contractor, within a period of fifteen (15) calendar days after such notice, shall not proceed in accordance therewith, the Owner shall declare this Agreement in default and shall have full power and authority, without violating the Agreement, to take the prosecution of the work out of the hands of the Contractor, to appropriate or use any or all contract materials and equipment on the grounds as may be suitable and acceptable and may enter into an agreement for the completion of this Agreement according to the terms and provisions thereof or use such other methods as in the Owner’s opinion shall be required for the completion of the Agreement in an acceptable manner. All costs and charges incurred by the Owner, together with the costs of completing the work under the Agreement, including liquidated damages, if any, shall be deducted from any monies due or which may become due to the Contractor. In case the expense so incurred by the Owner, including liquidated damages, if any, shall be less than the sum which would have been payable under the Agreement, if it had been completed by the Contractor, then the Contractor shall be entitled to receive the difference, but in case such expense shall exceed the sum which would have been payable under the Agreement, then the Contractor shall be liable and shall pay to the Owner the amount of said excess. 5. Payment: The Owner shall pay to the Contractor, as specified in the Contractor's bid, the total contract sum of ($ ) for completion of Project, unless altered as allowed herein. Payment shall be made based on the following schedule: a. No later than the fifth day of each month, the Contractor shall present to the Owner, or designee, a pay application for the preceding month demonstrating the total percentage of work completed for that preceding month. The Owner shall inspect the work to determine that the pay application accurately reflects the completed work. If the Owner agrees with the submitted pay application, payment for the completed work, less five percent (5%) retainage of the amount of such request, shall be made to the Contractor no later than fifteen (15) Educating the Future PO Box 400, Lincolnton, NC 28093 Phone: 704-732-2261 Fax: 704-736-4321 calendar days after the pay application is submitted. If the Owner does not agree with the pay application, the pay application shall be immediately returned to the Contractor and asked that it be resubmitted with revisions. If the Owner agrees with the resubmitted pay application, payment for the completed work, less five percent (5%) retainage of the amount of such request, shall be made to the Contractor no later than ten (10) calendar days after the resubmittal. No further retainage shall be withheld when the Project is at least fifty percent (50%) completed. The amount of five percent (5%) retained from each approved request for payment shall be retained by the Owner until all work has been finally completed and performed strictly in accordance with the Specifications and until such work has been accepted by the Owner, at which time such retained sums shall be paid to the Contractor within ten (10) days after receipt of the Final Completion certificate. All payments to the Contractor, including the five percent (5%) retainage, are subject to approval by the Owner. 6. Changes in the Work: During the Project, if the Contractor encounters any additional charges resulting from unanticipated conditions or additional work requested by the Owner which may alter the total contract sum as stated in Section 5, prior to commencing the work, the Contractor must submit a written change order to the Owner or its designee. The written change order must specify the need for the change and the cost of the proposed change. No later than five (5) calendar days after receipt of the written change order, the Owner, or its designee, shall provide to the Contractor a written response either accepting or rejecting the change order. No additional payment shall be made for additional work completed by the Contractor unless the Contractor has submitted a written change order and received the Owner's approval. 7. Construction Meetings: The Contractor shall meet with the Owner as specified in the Specifications and at such other construction meetings as required by the Owner or its designee. 8. Correction of Work: a. Before Substantial Completion. The Owner, or its designee, shall, from time to time, inspect the status of the Project. The Contractor shall promptly correct work not conforming to the Specifications and rejected by the Owner and may withhold payment until said work is corrected and accepted. b. After Substantial Completion. If, within one (1) year after the date of Substantial Completion, any of the work is found to be nonconforming to the Specifications, the Contractor shall promptly correct the nonconforming work after receipt of written notice from the Owner to do so. Educating the Future PO Box 400, Lincolnton, NC 28093 Phone: 704-732-2261 Fax: 704-736-4321 9. Construction Site: The Contractor shall be responsible for the construction site(s) during the performance of the work and shall be responsible for any and all damages to persons and property during the performance of the work and shall further provide all necessary safety measures and shall fully comply with all federal, state and local laws, building codes, rules and regulations to prevent accidents or injury to persons or property on or about the location of the work, it being expressly understood by the Contractor that school will be in session during the performance of portions of the work and that pupils, teachers other employees and the public will be on, about and near the construction site. 10. Warranty: The Contractor hereby warrants and guarantees to the Owner that materials and equipment furnished under the Agreement will be of good quality and new, unless otherwise allowed, and the work will be free from defects and will conform to the Owner's Specifications, as specified in Section 1 herein, and shall present to Owner a one (1) year warranty on labor/installation and shall provide to the Owner any pass-through manufacturers’ warranties or other warranties required by the Specifications. 11. Insurance and Indemnity: See Exhibit C to this Agreement for Insurance and Bond requirements. The Contractor, to the fullest extent permitted by law, shall indemnify, defend, and hold harmless the Owner, its officers, directors, and employees, from and against all claims, losses, damages, and liabilities, including all applicable costs, expenses, and attorneys’ fees, for bodily injury, sickness or death, and property damage or destruction to the extent resulting from or arising out of the intentional or negligent acts or omissions of the Contractor, its employees or agents, and subcontractors that occur in conjunction with this Agreement. 12. Jessica Lunsford Act: Under North Carolina law, certain sex offenders are prohibited from coming onto school campuses. The Contractor agrees to conduct a check of all employees working at the Project site on the N.C. Sex Offender and Public Protection Registration Program, the N.C. Sexually Violent Predator Registration Program and the National Sex Offender Registry. As a term of this Agreement, said checks must be performed by the Contractor and reported to the Asheville City Schools’ Superintendent. 13. Relationship: The Contractor shall be considered an independent contractor and not an employee of the Owner. 14. Situs: The place of this Agreement, its situs, forum, shall be Lincoln County, North Carolina, where all matters, whether sounding in contract or tort, relating to its validity, construction, interpretation and enforcement shall be determined. Educating the Future PO Box 400, Lincolnton, NC 28093 Phone: 704-732-2261 Fax: 704-736-4321 15. Governing Law: This Agreement shall be governed by the laws of the State of North Carolina. 16. Mutually Agreed Agreement: All the Parties to this Agreement have had the opportunity to be fully and completely represented by counsel of their own choosing in the making of this Agreement. Accordingly, the Parties agree that any rule of construction of contracts resolving any ambiguities against the drafting party shall be inapplicable to this Agreement. 17. Entire Agreement: The Parties hereby affirm that the only consideration for executing this Agreement are the terms and conditions herein and no other promises or agreements of any kind have been made by any person or entity to cause the Parties to execute this Agreement. Further, the Parties agree that if any provisions herein are declared invalid by a court of competent jurisdiction, such invalidation shall not affect the remaining provisions of this Agreement, which shall remain in full force and effect. 18. Authority: The Parties hereby represent and warrant that they have taken all actions and obtained all authorizations, consents and approvals as are conditions precedent to their authority to execute this Agreement. 19. Iran Divestment and E-Verify: The Contractor shall comply with the requirements of G.S. Chapter 64, Article 2 (the “E-Verify Requirements”). The Contractor certifies that it is not listed on the Final Divestment List created by the State Treasurer pursuant to N.C.G.S. § 147-86.58, the Iran Divestment Act of 2015 (S.L. 2015-118). In the event that the Contractor utilizes a subcontractor to perform the Work of this Contract, the Contractor shall require any such subcontractor to comply with the E-Verify Requirements and the Iran Divestment Act. 20. Dispute Resolution: Prior to litigation concerning a dispute in which the amount in controversy is at least fifteen thousand dollars ($15,000.00), parties to the dispute must do the following: a. Submit the dispute for review by the Superintendent or designee; and b. Participate in mediation if the matter cannot be resolved by the parties. The cost of the dispute resolution process will be divided between the parties to the dispute. If the Board of Education is a party to the dispute, the Board of Education will pay at least one-third of the cost. 21. MBE/HUB: If the Project cost of this Agreement is $100,000 or more and if the Owner has received appropriations or grant funds from the State of North Carolina for the construction of the Project, then the Specifications will contain a notice of that fact and the Educating the Future PO Box 400, Lincolnton, NC 28093 Phone: 704-732-2261 Fax: 704-736-4321 Contractor shall comply with the MBE and HUB pre-bid and post-award requirements contained in the Specifications. If the Project cost of this Agreement is $300,000 or more, regardless of the source of funds for construction of the Project, the Contractor shall comply with the MBE and HUB pre-bid and post-award requirements contained in the Specifications. 22. Assignment: This Agreement shall be not assigned without the prior, written consent of the Owner which shall not be unreasonably withheld. IN WITNESS WHEREOF, the Contractor and the Owner have executed this Agreement the day and year first above written. CONTRACTOR: __________________________________________ __________________________________________ Signature Print: _____________________________________ TITLE: ___________________________________ OWNER: LINCOLN COUNTY BOARD OF EDUCATION __________________________________________ Signature Print: _____________________________________ TITLE: ___________________________________ This instrument has been pre-audited in the manner required by the School Budget and Fiscal Control Act. _______________________________________ Finance Officer