bidding and procedures manual

BIDDING and PROCEDURES MANUAL Fleet Maintenance Building

April 8, 2021

TABLE OF CONTENTS

Section Description

1. NOTICE TO BIDDERS

2. INSTRUCTIONS TO BIDDERS

3. REQUIREMENTS OF EACH SUBCONTRACTOR

4. SUBCONTRACTOR BID PROPOSAL

5. MWBE FORMS

6. MILESTONE SCHEDULE

7. SITE LOGISTICES

8. BID PACKAGES:

A. BP0300 - Concrete

B. BP0400 - Masonry

C. BP0500 - Structural and Misc. Steel

D. BP0600 - Millwork

E. BP0790 - Caulking

F. BP0800 - Doors Frames and Hardware

G. BP0834 - Overhead Doors

H. BP0840 - Storefront and Glazing

I. BP0925 - Drywall and Ceilings

J. BP0960 - Flooring

K. BP0990 – Painting

L. BP1010 – Operable Partition

M. BP2200 - Plumbing

N. BP2300 - HVAC

O. BP2350 - Fluid Distribution System

P. BP2600 - Electrical

Q. BP3100 - Sitework

R. BP4100 - Bridge Crane

Attachments Description

1. SAMPLE SUBCONTRACT

2. GENERAL SAFETY AND HEALTH PROVISIONS

3. PARTIAL RELEASE AND WAIVER OF CLAIMS

4. NORTH CAROLINA SALES TAX REPORT

5. SUBCONTRACTOR INSURANCE REQUIREMENTS

6. APPLICATION FOR PAYMENT

7. CHANGE ORDER FORM

8. SAMPLE DISCLOSURE FORM

Section 1

Notice To Bidders

Fleet Maintenance Building Rev.1 4/6/2021

Section 1 – Notice to Bidders 1

NOTICE TO BIDDERS Sealed Proposals from Pre-Qualified Subcontractors will be received by T. A. Loving Company, in the GUC lobby located at 401 South Greene St, Greenville, NC 27834 on or before 3:00pm, April 29, 2021 (Bid Delivery Time) for following packages of the GUC Fleet Maintenance Building: BP0300 - Concrete BP0400 - Masonry BP0500 - Structural and Misc. Steel BP0600 - Millwork BP0790 - Caulking BP0800 - Doors Frames and Hardware BP0834 - Overhead Doors BP0840 - Storefront and Glazing BP0925 - Drywall and Ceilings BP0960 - Flooring BP0990 - Painting BP1010 - Operable Partition BP2200 - Plumbing BP2300 - HVAC BP2350 - Fluid Distribution System BP2600 - Electrical BP3100 - Sitework BP4100 - Bridge Crane No facsimile or email submissions are permitted. All packages over $300,000.00 must include a Bid Security in the form of a certified check or Bid Bond in the amount of 5% of the proposal. Bid security shall be in the form of an acceptable Bid Bond, Certified check or cashier’s check. Surety firm executing the bonds must be a Class “A” or better rated bonding firm as ranked by A.M. Best and be registered with the State of North Carolina department of insurance. Due to current environmental conditions and T. A. Loving Company safety protocols to avoid the risk of spread of Covid 19, the bid opening process will be as follows:

• The Bid Delivery Time is 3:00PM, April 29, 2021. Bids will be dropped off in the lobby at the address above. All bids are required to be placed in a sealed envelope labeled with the required details.

• Alternately, sealed bids may be mailed to 400 Patetown Road, Goldsboro, NC 27530, attention: Building Division Estimating Department. Mailed bids must be received before noon on the day of the bid. T. A. loving is not responsible for late mailed bids.

• Receipt of bids will officially close at Bid Delivery Time – no bids will be accepted after the bid closing.



• Video conferencing will begin for bidders to join, 45 minutes after Bid Delivery Time. A public bid opening will be held via video conferencing, one hour after the Bid Delivery Time. We will systematically open bid packages until all qualified bids are read. We will close the bid opening and gather all bid information for our clients and design team. Video Conferencing credentials will be distributed to bidders 24 hours prior to bid closing and made available to all interested parties by contacting Scott Wynne at [email protected].

An Open Outreach and Pre-Bid Meeting will be held on April 13, 2020 at 10:00am via video conference.

The meeting will address project specific questions, issues, bidding procedures and bid forms. Log-

in Credentials are as follows:

Pre-Bid/Open Preferred Brand Zoom Meeting

https://taloving.zoom.us/j/83329039049

Meeting ID: 833 2903 9049

Passcode: 977447

One tap mobile

+13126266799,,83329039049#,,,,*977447# US (Chicago)

+19292056099,,83329039049#,,,,*977447# US (New York)

In accordance with General Statute GS 133-3, Specifications may list one or more preferred brands as an

alternate to the base bid in limited circumstances. Specifications containing a preferred brand alternate under

this section must identify the performance standards that support the preference. Performance standards

for the preference must be approved in advance by the owner in an open meeting. Any alternate approved

by the owner shall be approved only where (i) the preferred alternate will provide cost savings, maintain or

improve the functioning of any process or system affected by the preferred item or items, or both, and (ii) a

justification identifying these criteria is made available in writing to the public.

In accordance with GS133-3 and SCO procedures the following preferred brand items are being considered

as Alternates by the owner for this project:

Alternate Description

M1 Building Controls by Johnston Controls E1 Security Access System by Avigilon E2 Sound Masking System by QSC

E3 Video Presentation Equipment by Creston

Justification of any approvals will be made available to the public in writing no later than seven (7)

days prior to bid date.



Plans, Specifications, and Bid Documents are available for inspection at the office of T. A. Loving Company in Goldsboro and online at www.talovingplanroom.com.

The Design Builder and Owner reserve the right to add prequalified bidders. The Design Builder and Owner reserve the right to reject any and all bids. No facsimile or email submissions are permitted. RFI Questions are due April 21, 2021 @ 5:00 pm. RFI Questions regarding the bid should be in writing and emailed to [email protected]. Questions submitted after the noted RFI deadline will not be answered. NOTE: The bidder shall include with the proposal the form Identification of Minority Business Participation identifying the minority business participation it will use on the project and shall include either Affidavit A or Affidavit B as applicable. Forms and instructions are included within the Proposal Form in the bid documents. Failure to complete these forms is grounds for rejection of the bid. (GS143-128.2c)

Section 2

Instructions To Bidders

Fleet Maintenance Building Rev. 1 - 4/6/2021

Section 2 – Instructions to Bidders 1

INSTRUCTIONS TO BIDDERS

T. A. Loving Company. herein referred to as “Contractor”, “Construction Manager” or “Design Builder”,

requests Bid Proposals for the construction of the referenced project

ARTICLE 1. DEFINITIONS

1.1 All definitions set forth in the General Conditions and Supplemental/Supplementary General

Conditions apply to these Instructions to Bidders.

1.2 The Contract Documents (Drawings, Specifications, Bid Manual, etc.) shall also serve as the bidding

documents.

1.3 An "Alternate Bid" or "Alternate" is an amount stated in the proposal to be added to or deducted from the amount of the base bid if the corresponding change in the Work, as described in the Contract Documents, is accepted.

ARTICLE 2. BIDDERS' REPRESENTATIONS

2.1 It is understood and mutually agreed that by submitting a bid the bidder acknowledges that he has

carefully examined all documents pertaining to the work and has visited the site to become familiar

with, the location, accessibility and general character of the site of the work and all existing buildings

and structures within and adjacent to the site, and has satisfied himself as to the nature of the work,

the condition of existing buildings and structures, the conformation of the ground, the character,

quality and quantity of the material to be encountered, the character of the equipment, machinery,

plant and any other facilities needed preliminary to and during prosecution of the work, the general

and local conditions, laws, ordinances, codes, rules and regulations, the construction hazards, and

all other matters, including, but not limited to, the labor situation which can in any way affect the work

under the contract, and including all safety measures required by the Occupational Safety and Health

Act of 1970 and all rules and regulation issued pursuant thereto. Further, that the bidder has studied

and carefully correlated its observation with the Contract Documents in preparing the pricing.

2.2 Reference is made to Contract Documents for the identification of those surveys and investigation

reports of subsurface or latent physical condition at the site or otherwise affecting performance of

the work which have been relied upon by the designer in preparing the document. The Owner will

make copies of all such surveys and reports available to the bidder through the construction manager

upon request. Unless otherwise specified in the Bid Documents, borings, test excavations and other

subsurface information, if any, are provided solely to share information and any use of, or reliance



upon, such items by the Bidder is at the risk of the Bidder. The Bidder shall be afforded access to

the Project site to obtain the Bidder’s own borings, test excavations and other subsurface information

upon request made to the Construction Manager.

2.3 Each bidder may, at his own expense, make such additional surveys and investigations as may deem necessary to determine his bid price for the performance of the work. Any on-site investigation shall be done at the convenience of the Owner. Any reasonable request for access to the site will be honored by the Owner.

2.4 By submitting a bid, each bidder represents that its bid is based upon the personnel, materials,

systems, and equipment required by the Contract Documents without exception and that it has

sufficient personnel, materials, systems, and equipment available to complete the Work as and when

specified or required. The Bidder acknowledges that it has thoroughly reviewed all Bid

Document information for the Project and that it is intimately familiar with such information.

Bidder acknowledges that the Construction Manager is relying on the Bidder’s review of all

Bid Document information to be “biddable” and “buildable” and otherwise fully adequate to

account all work, labor, and materials required for the completion of the Project.

ARTICLE 3. INTERPRETATION OR CORRECTION OF THE CONTRACT DOCUMENTS

3.1 Should bidders find any discrepancies in, or omission from, ambiguity, inconsistency, or error, in the

drawings or documents, or should bidder be in doubt as to their meaning upon examination of the

Contract Documents or of the Project Site and local conditions, bidder shall at once notify the

Construction Manager who will confer with the Designers and will send written instructions in the

form of addenda to all bidders.

3.2 Bidders requiring, clarification or interpretation of the Contract Documents must submit a written request to the Construction Manager at least seven (7) days prior to the date for receipt of bids.

3.3. All interpretations, corrections, or changes of the Contract Documents will be made by Addendum or clarification. Interpretations, corrections, or changes of the Contract Documents made in any other manner are not binding, and no bidder may rely upon such interpretations, corrections, or changes.

3.4. Any addenda to specifications issued during the time of bidding are to be considered covered in the proposal and in closing a contract they will become a part thereof. It shall be the bidder’s responsibility to ascertain prior to bid time the addenda issued and to see that his bid includes any changes thereby required.

3.5. All addenda and Clarifications shall be acknowledged by the bidder(s) on the Form of Proposal.

ARTICLE 4. SUBSTITUTIONS

4.1 Refer to the specifications for submission of product substitution requests. Products substitutions will not be considered after bids are received.



ARTICLE 5. PREPARATION AND SUBMISSION OF BIDS

5.1 All bids must be prepared on the Form of Proposal provided herein and must be submitted in accordance with the Instructions to Bidders.

Any modification to the Form of Proposal (including alternates and/or unit prices or

qualifications) will disqualify the bid and may cause the bid to be rejected.

5.2 All blank spaces for bids, alternates, and unit prices applicable to bidder’s work in the Bid Form must

be filled in order for the bid to be accepted. When relevant alternates requested are not bid, the

proposal may be considered incomplete. The bidder agrees that bid on Form of Proposal detached

from specification will be considered and will have the same force and effect as if attached thereto.

Email proposals will not be considered. Numbers shall be stated both in writing and in figures for the

base bids and alternates. All words and figures must be in ink or typed. If a bid items has NO value

or results in a NO CHANGE adjustment, then the bidder must use “$0” in the blank. If the bid

item is not relevant to a particular trade, the use of “N/A” is acceptable. Use of an “N/C” (no

change), or “NIC” (not in contract), may render the bid “non-responsive”.

5.3 The bidder shall fill in the Form of Proposal as follows;

a. Each bid must give the full business address of the bidder.

b. If the documents are executed by a sole owner, the fact shall be evidenced by the word “Owner” appearing after the name of the person executing them.

c. If the documents are executed by a partnership, that fact shall be evidenced by the word “Co-Partner” appearing after the name of the partner executing them.

d. If the documents are executed on the part of a corporation, they shall be executed by either the president or the vice president and attested by the secretary or assistant secretary in either case, and the title of the office of such persons shall appear after their signatures. The seal of the corporation shall be impressed on each signature page of the documents.

e. If the proposal is made by a joint venture, each member of the joint venture in the above form shall execute it for sole owner, partnership or corporation, whichever form is applicable.

f. All signatures shall be properly witnessed.

g. If a person other than an owner holds the subcontractor’s license of a bidder, partner or officer of a firm, then the licensee shall also sign and be a party to the proposal. The title “Licensee” shall appear under his/her signature.

5.4 The Bidder shall price the Work to include all labor, material, equipment, supervision, administration

and management (home office and field), scheduling, quality control, testing and inspection, training,

transportation of manpower and materials and equipment, information technology, consumables,

applicable taxes, required fees and permits, daily clean-up and daily safety, and whatever else is

deemed necessary to complete the Work.



5.5 Bidders must provide amounts on the Unit Price Schedule for labor, material, equipment, supervision, general conditions, overhead, fee, and preparation of performance and payment bond costs of all work items. The quantities (if) listed in the Bid Form for unit price items are to be considered as approximate and are to be used only for the comparison of the bids and as a basis for computing amounts of security or penal sums of bonds to be furnished. Payments will only be for the actual quantities of the Work performed and accepted or materials furnished and accepted in accordance with the Contract Documents. The scheduled quantities of Work to be done and material to be furnished may each be increased, decreased, or omitted as provided in the Contract Documents.

5.6 The inclusion of a Unit Price Schedule, including unit prices for labor, materials and equipment, in

the bid is for informational purposes only and shall in no way obligate the Construction Manager or

Owner to pay the unit rates provided in the Unit Price Schedule for any additional work performed

pursuant to a modification should the bidder be awarded the Subcontract. The Construction Manager

may agree to pay unit rates included in the Unit Price Schedule, or agree to pay adjusted unit rates

reflecting the bidder's actual costs, after review by the Construction Manager and Owner and receipt

by the bidder of written approval from the Construction Manager for the use of approved rates.

5.7 The completed bid shall be placed in a sealed opaque envelope so marked as to indicate:

“Proposal/Bid”, the identity of the Project (name of Project), the respective Bid Package Number and

Name, the name and address of the bidder and License number (if applicable) of the bidder. Bidders

must clearly mark on the outside of the envelope which Bid Package(s) they are bidding. Bids must

be received at the location as designated on the Notice to Bidders, by the specified time and date.

Bids must be submitted directly to the Construction Manager Representative. If forwarded by mail or

express courier, the envelope containing the proposal must be placed in another envelope which

shall be sealed and addressed to the location(s) as designated on the Notice to Bidders. The bidder

uses the mail or courier service at its own risk. Bids received after the advertised time for opening of

bids will be returned to the bidder unopened. Mailed/overnighted bids must be received in the

Goldsboro office of T. A. Loving before 12:00pm on the day of the bid. The physical address is 400

Patetown Rd., Goldsboro NC 27530.

5.8 Bids will be opened and read aloud at the specified time and location indicated in the advertisement.

Bidders, their authorized agents and other interested parties are invited to be present.

ARTICLE 6. FORM OF BID FORM

6.1 Bid Proposal Forms will be supplied by the Construction Manager and is included in Section 4 of the Bid Manual.

6.2 Bid security shall be in the form of an acceptable Bid Bond, Certified check or cashier’s check. Surety firm executing the bonds must be a Class “A” or better rated bonding firm as ranked by A.M. Best and be registered with the State of North Carolina department of insurance. All packages over $300,000.00 must include a Bid Security in the form of a certified check or Bid Bond in the amount of 5% of the proposal.



ARTICLE 7. AWARD OF CONTRACT

7.1 Subject to the rights of the Construction Manager and/or Owner to reject any or all bids, the

Construction Manager will award the Subcontract to the bidder deemed by the Construction Manager

and Owner in their sole discretion to be the lowest responsive and responsible bidder. Pre-

qualification of a bidder is a condition precedent to the bidder being deemed responsive, but pre-

qualification is not to be construed as a determination that the bidder is responsible or, in fact,

responsive. The determination as to whether a bidder is responsible shall be made after the bids

have been opened. In making the determination as to the responsibility of a bidder, the Owner and

Construction Manager reserve their rights to consider factors beyond those set forth in the pre-

qualification criteria including, but not exclusively, those factors that are more qualitative and less

subject to quantification than those set forth in the pre-qualification criteria. The pre-qualification of

a particular bidder shall not be deemed a property right of the bidder or create any other right, legal

or equitable, or any cause of action in favor of the bidder even if the bidder submits the lowest

monetary bid. And, in determining which bidder is the lowest responsive and responsible bidder, the

Construction Manager and Owner, in their discretion, may take into consideration not only the

amount of the bid, but also such of the following criteria as they deem appropriate and may give such

weight thereto as they deem appropriate:

7.1.1 The bidder's financial ability to complete the Subcontract successfully and on time without

resort to its surety;

7.1.2 The bidder's prior experience with comparable or more complex projects;

7.1.3 The bidder's prior history for successful and timely completion of projects;

7.1.4 The bidder's equipment and facilities;

7.1.5 The adequacy, in numbers and experience, of the bidder's work force to complete the

Contract successfully and on time;

7.1.6 The bidder's prior experience on other projects of the Construction Manager & Owner,

including the bidder's demonstrated ability to complete its work in accordance with the

requirements of the contract documents;

7.1.7 The bidder's compliance with federal, state, and local laws, rules, and regulations, including

but not limited to equal employment opportunity requirements and the Occupational Safety

and Health Act.

7.1.8 The bidder's demonstrated commitment to achieve the Contract HUB/MWBE goals or its

good-faith effort to meet those goals.



7.1.9 Depending on the type of the Work, other factors which the Construction Manager & Owner

considers material.

7.2 In determining the lowest responsible, responsive bidder, the Construction Manager & Owner shall

take into consideration the bidder’s compliance with the requirements of G.S. 143-128.2(c), the past

performance of the bidder on construction contracts for the Construction Manager & Owner with

particular concern given to completion times, quality of work, cooperation with other contractors, and

cooperation with the Designer and Owner. Failure of the low bidder to furnish affidavit and/or

documentation as required by G.S. 143-128.2(c) may constitute a basis for disqualification of the bid.

7.3 The Construction Manager & Owner reserve the right to waive any informality or irregularity in bids

when such waiver is in the Owner's interest.

7.4 Each Low Bidder shall submit a list of any and all subcontractors and identify all small disadvantaged

minority & women-owned business contacted for quotes and an indication of whether each such

subcontractor's quote was accepted or rejected for use on the Project. If a subcontractor's quote is

accepted, the bidder is required to use that subcontractor to perform the Work unless otherwise

approved in writing by the Construction Manager & Owner. The Owner reserves the right to reject

any or all proposed subcontractor(s) listed thereon before the bid is awarded. In such event the

Construction Manager & Owner will give the bidder an opportunity to either withdraw the bid or

substitute subcontractor(s) who is acceptable to the Construction Manager & Owner, provided such

substitution does not change the amount of the bid.

7.5 At the request of the Construction Manager and before any contract is awarded, the bidder may be

required to furnish a complete statement of the origin, composition, and manufacturer of any or all

materials to be used in the construction of the Work, together with samples. Such samples may be

subjected to the tests provided for in the Contract Documents to determine their quality and fitness

for the Work.

7.6 At the request of the Construction Manager and before any contract is awarded, the bidder may be

required to furnish the Construction Manager with a complete breakdown of the lump sum bid items

to the satisfaction of the Construction Manager & Owner. The lump sum breakdown shall be in such

detail as the Construction Manager & Owner may reasonably require.

7.7 The Construction Manager & Owner reserves the right to issue subcontracts to the selected bidder at any time up to sixty (60) days after the receipt of bids. The bidder must sign and return the Agreement within ten (10) days of receiving it. Failure to do so will be considered as refusal on the part of the selected bidder to enter into the Agreement. Upon such refusal, the Construction Manager & Owner may award the Contract to the next qualified bidder, at the Construction Manager & Owner's option, with the initially selected bidder's bid guaranty being retained as provided by law.

7.8 Should the Construction Manager & Owner adjudge that the apparent low bidder is not the lowest responsible, responsive bidder by virtue of the above information, said apparent low bidder will be so notified and his bid security shall be returned.



ARTICLE 8. MINORITY BUSINESS CONTRACT PROVISIONS (CONSTRUCTION)

8.1 MINORITY BUSINESS SUBCONTRACT GOALS:

The goals for participation by minority firms as subcontracts on this project have been set at 10%.

The bidder must identify on its bid, the minority businesses that will be utilized on the project with

corresponding total dollar value of the bid and (Affidavit A) listing good faith efforts or affidavit

(Affidavit B) of self-performance of work, if the bidder will perform work under contract by its own

workforce. Failure to comply with these requirements is grounds for rejection of the bid

Within three days (72) hours after the bid time, any bidder to whom the award of the contract might

be considered must submit to the Construction Manager a properly executed State of North Carolina

– Affidavit C Portion of the Work to Performed by Minority Firms, and/or Affidavit D – Good Faith

Efforts in the form included in the Project Bid Manual.

The above information must be provided as required. Failure to submit these documents is

grounds for rejection of the bid.

8.2 MINIMUM COMPLIANCE REQUIREMENTS:

All written statements, affidavits or intentions made by the Bidder shall become a part of the

agreement between the Subcontractor and the Construction Manager for performance of this

contract. Failure to comply with any of these statements, affidavits or intentions or with the minority

business Guidelines shall constitute a breach of the contract. A finding by the Construction Manager

or Owner that any information submitted either prior to award of the contract or during the

performance of the contract is inaccurate, false or incomplete, shall also constitute a breach of the

subcontract. Any such breach may result in termination of the subcontract in accordance with the

termination provisions contained in the contract. It shall be solely at the option of the Construction

Manager & Owner whether to terminate the contract for breach.

In determining whether a subcontractor has made good faith efforts, the Construction Manager will

evaluate all efforts made by the subcontractor and will determine compliance in regard to quantity,

intensity, and results of these efforts. The Construction Manager may take into account any or all of

the following:

1. Whether the Bidder attended any prebid meetings that were scheduled by the Construction

Manager;

2. Whether the Bidder advertised in general circulation, trade association, and minority-focus

media concerning the subcontracting opportunities;



3. Whether the Bidder provided written notice to a minimum of three MWBE’s of each portion

of the work subcontracted, that their interest in the contract was being solicited in sufficient

time to allow the MWBE’s to participate effectively;

4. Whether the Bidder followed up initial solicitations of interest by contacting MWBE’s to

determine with certainty whether the MWBE’s were interested;

5. Whether the Bidder selected portions of the work to be performed by MWBE’s in order to

increase the likelihood of meeting MWBE goals (including, where appropriate, breaking

down contracts into economically feasible units to facilitate MWBE participation);

6. Whether the Bidder provided interested MWBE’s with adequate information about the plans,

specifications and requirements of the contract;

7. Whether the Bidder negotiated in good faith with interested MWBE’s, not rejecting MWBE’s

as unqualified without sound reasons based on a thorough investigation of their capabilities.

8.3 Minority participation shall be credited toward the Subcontractor's achievement of the Minority Goal

and good-faith efforts only after payments are actually made by the Subcontractor to Minority

Subcontractors as recorded by Appendix ‘E’ - MWBE Documentation for Contract Payment

Affidavit. Each Subcontractor shall maintain records and documents of payments to MWBE

Subcontractors for a minimum of “three years following final acceptance of the Project by the Owner.

Records shall be made available by the Subcontractor for inspection upon request by any

authorized representative of the Construction Manager. The Subcontractor shall include similar

reporting requirements in any Sub-subcontract with any certified MWBE Sub-subcontractors.

ARTICLE 9. WITHDRAWAL OF BIDS

9.1 A bidder may withdraw a bid only by submitting a written request to the CM.

9.2 Except as otherwise provided by law or in any supplement to these Instructions to Bidders, no bidder is permitted to modify, withdraw, or cancel its bid or any part thereof for sixty (60) days after the time fixed of the opening of bids.

ARTICLE 10. REJECTION OF BIDS

10.1 The bidder acknowledges the Owner's right to reject any and all bids and to waive any informality or

irregularity in any bid received. In addition, the bidder recognizes the Owner's right to reject a bid if

the bidder fails to submit the data required by the bid documents or if the bid is irregular or incomplete

in any way or if for any reason the Owner considers being in its best interest to reject the bid.



ARTICLE 11. PRE-BID CONFERENCE:

11.1 Prior to the date set for receiving bids, the Construction Manager will arrange and conduct a Pre-Bid

Conference for all prequalified bidders. The purpose of this conference is to review project

requirements and to respond to questions from prequalified bidders and their subcontractors or

material suppliers related to the intent of bid documents. Attendance by prequalified bidders shall

be strongly encouraged as noted by the “Notice to Bidders”.

11.2 The Construction Manager will prepare minutes of the pre-bid meeting and provide them to Bidders

in the form of a Clarification to the Bid Documents. Failure of the Bidder to attend the pre-bid

conference, or to obtain, review and act on the minutes thereof, which results in the Bidder not being

fully acquainted with the requirements of the Project, will not be considered as a basis for additional

compensation.

Section 3

Requirements of Each Subcontractor

Fleet Maintenance Building Rev. 1 – 4/6/2021

Section 3 – Requirements of Each Subcontractor 1

REQUIREMENTS OF EACH SUBCONTRACTOR

1. Bid Requirements

1.1. All subcontractors must be preapproved prior to bidding.

1.2. Each Proposal is to be submitted on the Bid Form provided by T. A. Loving Company and

included in this Bidder’s Manual.

1.3. The cost for Performance and Payment Bonds are to be included on all proposals in excess on

$100,000.

2. Sales Tax

2.1. The project is not tax exempt. All state and local sales taxes shall be included in the contract

bid amount. For sales taxes on all materials that are incorporated into the project the contractor

shall provide T. A. Loving Company with an itemized list and supporting data for all such taxes

paid. This information shall include vendor name, date of purchase, invoice number, amount of

sales tax paid and state and county where sales tax was paid on a form provided by the

Contractor. Supporting documentation shall be in conformance with requirements of the State

of North Carolina.

2.2. Sales and/or use tax information shall be provided on a monthly basis along with each

Application for Payment. Failure to submit timely sales/use tax data may result in progress

payments being withheld until the Subcontractor is found to be in compliance with this policy.

The required form will be included as an attachment to the subcontract and this bid manual.

3. Safety

3.1. All Subcontractors will be required to follow the General Safety and Health Provisions at all times.

Each Subcontractor is responsible for their own second tier subcontractors. After contract award,

each Subcontractor shall acknowledge the General Safety and Health Provisions.

3.2. All Subcontractors that have a total of 25 or more personnel working on site shall be required to

have a dedicated full time safety officer present at all times.

3.3. Every Subcontractor will be required to furnish a “Site Specific” Fall Protection Plan for their

work. This will include working from Roofs, Scaffolds, Ladders, Steel, Telescopic Boom Lifts,

Masonry, Concrete Forming, Leading Edge Work, or any area where you will be working six (6)

feet above a working surface. Contractor prohibits the use of any type of metal ladders. All

ladders must be made of a non-conductive material. Included with this plan you must provide

training documentation of each employee as it relates to the Fall Protection for your work.

4. Supervision



4.1. Each Subcontractor will have a designated Superintendent, who is qualified to supervise the

work, and necessary assistants who shall be in attendance at the project site during the progress

of the work. The superintendent shall be satisfactory to the Construction Manager and shall not

be changed without the consent of T. A. Loving Company. All communications given to the

superintendent shall be as binding as if given to the subcontractor. The superintendent and his

assistants shall be dedicated full time and solely to this project while the subcontractor’s work is

in progress. Subcontractors requiring second tier on down contracting are required to have a

supervisor employed by the first tier subcontractor on site at all times when those subcontractors

are performing work. For the structural and miscellaneous steel bid package, the erectors

superintendent satisfies the requirements of the paragraph.

4.2. In addition to the minimum on-site supervision noted above, each subcontractor shall have

General Foremen in a ratio not to exceed one General Foreman to fifteen (15) working

tradesmen. The General Foremen shall similarly be dedicated to supervision and planning

and shall not be engaged whatsoever in the actual installation of the work.

4.3. Refer to individual Bid Packages for additional requirements.

5. Insurance

5.1. All subcontractors will meet the insurance requirements as specified in the project manual. All

required insurance certificates shall be on file with T. A. Loving Company prior to the first

issuance of payment.

5.2. Provide engineering services (registered in the state of the project) related to any structural,

building systems, fire protection, plumbing, HVAC, and electrical installation(s) that are

necessary to satisfy the requirements of the Bid Documents, Testing Agencies, and prevailing

jurisdictional authorities. Professional Liability Insurance is required for these services, and shall

be maintained in force by the Subcontractor for a minimum of five (5) years after the date of

completion of the project or as established pursuant to Contract Documents.

6. Submittals

6.1. All Subcontractor submittals are to be delivered electronically when possible or to the project site

and addressed to the Site Project Manager. Submittals shall be broken down per individual

portion of the work; no bulk submittal packages will be accepted.

6.2. To the greatest extent possible, T. A. Loving Company will utilize PROCORE Construction Management Software for submittal exchange.

6.3. Upon receiving a Notice to Proceed, all submittals are due back to the Construction

Manager within the first 2 weeks.

7. Schedule of Values

7.1. Before submitting the first Application for Payment, the Subcontractor shall submit a Detailed

Schedule of Values to the Contractor. This Schedule shall indicate the allocation of the various

portions of the work and shall be submitted on AIA Form G-702 and G-703. The Schedule of



Values is to indicate a breakdown of labor and material costs by individual portions of the work

and also shall contain line items for temporary facilities, on site overhead, submittals and close

out documents

8. Scheduling

8.1. In collaboration with the various subcontractors, T. A. Loving Company shall develop a single

network plan which integrates all activities of the Architect, T. A. Loving Company, and all

subcontractors/suppliers into a schedule. The sequence of all work activities shall be determined

by T. A. Loving Company. The Critical Path Method (CPM) of scheduling shall be used to

develop the network logic diagrams, computer-produced schedules and other schedule

supporting data, as required.

8.2. Weekly progress meetings will be held at the job site. Field supervisors from each

subcontractor that will be performing work within the next 30 days or are working “on

site” are required to attend all such meetings.

8.3. Due to the intense schedule and limited time frame, morning daily huddles with all supervisors

will be mandatory.

8.4. Monthly progress meetings shall be held at the job site. The Architect and T. A. Loving Company

shall provide the services of qualified personnel at each meeting. These meetings shall be

attended by qualified main office personnel and field supervisors from each Subcontractor.

These individuals shall provide scheduling information and manpower commitments at each

progress meeting until the completion of his subcontract. Prior to and in preparation for the

monthly progress meeting, the CPM schedule shall be “updated” to reflect the current status of

the project. During the presentation and distribution of this “updated” material at the monthly

progress meeting, T. A. Loving Company will specifically address those critical areas of concern

(as determined by the schedule “update”) where immediate action by the subcontractor is

required.

8.5. Subcontractor understands the complexity of this project and has included all costs for multiple

mobilizations, if required, but in no case will additional compensation be due the Subcontractor

for failure to properly analyze or discuss in advance the Contractor’s schedule.

8.6. All work will be performed where, and as directed by, the Project Superintendent. All work will

be performed to maintain the Contractor’s current CPM schedule.

9. Working Hours

9.1. This will be a normal work week project (Monday thru Friday) as required to maintain the

schedule.

10. Communications

10.1. Each subcontractor shall forward all communications to T. A. Loving Company for distribution to

the Architect and Owner.



10.2. Each Subcontractor shall provide a mobile phone to each superintendent and foremen for communications. The numbers shall be provided to the Construction Manager and they shall be accessible at all times in case of emergency.

10.3. All subcontractor will to utilize desktop computers, laptops or mobile devices connected to PROCORE for drawing markup, RFI’s and general communication distribution. PROCORE accounts are provided free of charge by the Construction Manager.

11. Construction Clean-up

11.1. Each Subcontractor shall always keep the premises free from accumulation of waste materials

or rubbish caused by their operations. It will be each Subcontractors responsibility to provide

their own continuous daily clean-up and to place their waste in the container provided by the

Contractor daily. T. A. Loving Company is responsible for all costs associated with providing

waste receptacles, the cost of hauling off waste and fees associated with waste disposal except

for the demolition subcontractor. Any hazardous materials disposal resulting from

Subcontractor’s work is to be disposed of off-site by the Subcontractor at his expense.

11.2. Concrete spoils are not permitted in the provided waste dumpsters but are to be removed and

hauled off site by the contractor creating the spoils.

11.3. Each Subcontractor is responsible for leaving their work areas “broom clean” and ready for final

cleaning to include, but not limited to, waxing or buffing of floors per manufacturers

recommendations, cleaning and wiping down glass and wiping down of all fixtures and

equipment. Additionally, all subcontractors are responsible for the protection of their installed

materials until final acceptance. Floors, countertops and finished wall products shall be

protected with rosin paper or some other means to prevent staining or harming of the finished

product until final acceptance.

11.4. If any Subcontractor fails to clean up as directed by the Contractor within 24 hours of verbal or

written notification, the contractor will hire a cleaning subcontractor to complete the clean-up and

the cost will be back charged to the Subcontractor in violation.

12. Temporary Facilities

12.1. Temporary structures, sheds, trailers and material storage shall be arranged in a safe manner

to avoid interfering with construction, public access or the Owner’s operations. All locations of

temporary structures, sheds, trailers, and material storage shall be approved in advance by T.

A. Loving Company. No onsite storage will be available except for those materials which are

being put in place.

12.2. All costs relating to temporary storage and protection shall be borne by the subcontractor

requiring such storage and protection. The subcontractor shall retain full responsibility for any

form of damage or deterioration to stored materials and any form of damage or deterioration

caused by materials to surrounding surfaces.

12.3. Upon completion of the work, or sooner if directed by the Contractor, the subcontractor shall

remove his temporary structures, trailers and sheds and remove all debris and rubbish and place

the area in a clean and orderly condition.



12.4. Temporary toilets (per OSHA Standards) required during construction will be furnished by T. A.

Loving Company. The Plumbing Contractor shall provide, hook up and pay for and all costs

associated with the installation of the temporary construction water for the project.

12.5. Deliveries to the jobsite shall be coordinated closely with T. A. Loving Company. A minimum of

48 hours shall be given in order to coordinate access to the jobsite. All requirements for

unloading, staging, and securing of material (labor, equipment, etc.) shall be the responsibility

of the subcontractor.

12.6. On-site Storage areas are to be kept clean, material organized, and free of litter and debris

13. Security

13.1. Security of subcontractor materials and equipment is the direct responsibility of each

subcontractor. The services of a watchman will not be provided by either the owner or by T. A.

Loving Company.

14. Building Information Modeling Coordination

14.1. GENERAL PROCEDURES

A. The Mechanical Engineer will perform as the Model Manager for the Project, and will

schedule, coordinate, and produce a three-dimensional model for final insertion into an

Autodesk Architectural Revit (or Equal) model. The Model will be produced from issued

35% Bridging documents with input from Intrepid Architecture, as put forth by T.A. Loving

Company.

B. Schedule The Model Manager, with input from T.A. Loving Co, will provide a Model

Production Schedule based upon T.A. Loving’s construction schedule structural milestone

dates. Each participating trade contractor will have input into the production of this

schedule and must provide the necessary resources to meet the schedule once the model

production and clash resolution process is underway. The schedule will require modeled

areas to be complete in sufficient time to allow for the procurement and the release of

material to support construction of the project. The schedule will track with the sequencing

and logic of the construction schedule.

C. Coordination Meetings will be conducted at the Model Manger’s facility, the Jobsite, or

T. A. Loving’s office via webinar meeting; attendance and participation will be required by

all participating subcontractors.

D. As outlined below, certain major interior Trade Contractors must participate in the

coordination process for this project by providing a full 3D coordinated model of their scope

of work in their respective discipline. Each trade contractor that is required to produce a

3D model for its work scope shall conduct its own internal collision resolution before

presenting its trade model for input into the overall model.



E. The Model Manager will insert each trade model into NavisWorks 2010 (or equal) and run

a crash detection report (CDR) prior to each coordination meeting. The CDR will be

transmitted electronically with a *.nwd file to each Subcontractor for collision resolution

action to take place as needed prior to the coordination meetings.

F. Once a crash free report is generated, the coordination drawing for the respective floor or

area will be signed off and posted for global use in construction.

G. The Model Manager will maintain the Model Production Schedule, and it will contain dates

for each Contractor to post their respective models to a prescribed file sharing site. Access

to the file sharing site will be provided by the Construction Manager.

H. The Model Manager shall include the cost of all drawing reproduction, software, hardware

and competent personnel needed to complete the modeling process as outline in the

documents.

I. The Model Manager shall include the cost of producing a full 3D model of the building

structure using the contract documents and shop drawings. Structural components include

structural steel, poured-in-place concrete, and precast concrete members shall be shown.

This input will be the first component necessary to begin model development and this will

be reflected in the Model Production Schedule. This model will be distributed to the

participating trade contractors for use in the development of their drawings.

J. The Model Manager will maintain the security of the Model, and no revisions to signed off

areas in the model shall be made without the knowledge and approval of the Project Team.

Any such changes will be documented and distributed to all project contractors by the CM.

14.2. SPECIFIC SCOPE AND REQUIREMENTS

A. The Model Manager will model all structural members per PEMB supplier drawings, in a

full 3D model that will provide elevations for each component within the building. This will

include, but is not limited to, all structural members, decking, joists and miscellaneous steel

items such as stairways, screen walls, etc., which may have any effect on other trades as

applicable to the project.

B. The Fire Protection Contractor must model the piping system and equipment. If up-right

pendants are required, the piping must be tight to the bottom of each structural member.

The priority for the location of this space will be determined by access requirements, but

the preferred arrangement is to be as low in the cavity as possible. This contractor must

draw in 3D the hangers for all of their respective products within the ceiling cavity. Access

space for service requirements to equipment, relationships to architectural and structural

building elements (penetrations and attachments) will be included and detailed where

required.

C. The Model Manager will model all Plumbing work in a full 3D model that will provide

elevations for each piping system within the building. This will include, but not limited to,

all plumbing equipment and piping systems as applicable to the project. All pipe and

equipment supports will be included in the model, as well as measures assuring clearance



to insulated components. Access space for service requirements to equipment,

relationships to architectural and structural building elements (penetrations and

attachments) will be included and detailed where required.

D. The Model Manager will model all mechanical work in a full 3D model that will provide

elevations for each piping and sheet metal duct system within the building. This will include,

but not be limited to, all mechanical equipment, HVAC duct systems, HVAC piping

systems, and process systems, as applicable to the project. All pipe, duct, and equipment

supports will be included in the model, as well as measures assuring clearance to insulated

components. Access space for service requirements to equipment, relationships to

architectural and structural building elements (penetrations and attachments) will be

included and detailed where required.

E. The Model Manager and all Electrical and Electronic Specialty Contractors (Security,

Telecommunications, Public Address, etc.) must model and coordinate conduit, cable

trays, and equipment. The priority for the location of this space will be determined by

access requirements, but the preferred arrangement is to be as low in the cavity as

possible. The buss duct and major equipment feeders will be tight to the bottom of

structural members. This contractor must model: all conduits on a rack that has 4 or more

conduits on it, all individual conduit runs 1 ¼” and larger, all supports and hangers for all

of their respective products within the ceiling cavity, all equipment panels with required

clearances, and any other equipment with space or clearance restrictions. Access space

for service requirements to equipment, relationships to architectural and structural building

elements (penetrations and attachments) will be included and detailed where required.

14.3. Scope for Assisting Trade Contractors

A. Contractors required to provide model assistance include the following: Wall and Ceiling

Framing and Installation Contractors and Specialty Equipment Contractors.

B. In addition to mechanical systems, the Model Manager will produce a model that will

include, but is not limited to interior wall and ceiling assemblies and fixed Owner and

Specialty-vendor supplied equipment as appropriate and required for adequate

coordination of the work. Details for architectural framing and acoustical ceiling grid layout

will be incorporated to the extent required for the coordination process. This will be done

with the assistance of the Interiors Framing and Ceiling Subcontractor(s), and Equipment

Specialty Subcontractors. These contractors must assist the Model Manager to produce

components necessary for model coordination as it pertains to their respective scopes of

work. Assistance shall be defined as: Provide detailed information by means of models,

sketches, meeting participation, etc. for areas where needed and provide quality control

and design compliance oversight and responsibility for the specific trade components and

systems.

C. Doors, windows, pass-thrus, etc. will be shown as openings, and will not include the actual

doors with swings, hardware, operable windows, etc.



14.4. Final Product

A. Upon completion of the Collision Resolution process, the final model will be assembled in

the current version of AutoCAD Revit (or equal). Throughout this process, the Project

Team, including the project Designer of Record, will review and approve the model to

assure its compliance with the Design Documents. The Model Manager will update the

model at four major scheduling milestones including completion of structural steel,

completion of interior stud/cmu walls, completion of interior ceiling grids and project

completion At each update, each Model Contractor will make scope and As-Built changes

in their respective trade model for insertion into the master model by the Model Manager.

All bulletins, RFI’s, change orders etc., shall be included. At the completion of the project,

the final As-Built model will be turned over to the Construction Manager for further

distribution. This As-Built model will in no way be considered a substitute or replacement

for the As-Built requirements outlined in the specifications. It is intended to be in addition

to those requirements.

14.5. Prior to starting steel erection, the structural steel subcontractor shall field verify all anchor bolt

placements as to being dimensionally correct. This verification shall be accomplished in time to

allow the completion of corrective work without delaying the scheduled erection of structural

steel.

14.6. All rated walls shall be completed prior to the installation of all ductwork, piping, conduit, and all

other wall penetrations where deemed necessary by the Contractor to achieve the rated

assembly.

14.7. T. A. Loving will hold pre-installation meetings with the subcontractors and review the plans by

building area so all parties can discuss and sign off on the start of installation.

14.8. Each Subcontractor will install sleeves, where required, of adequate diameter and length around

his piping or conduit; length of sleeve should extend beyond faces of rated wall. After installation

of his ductwork, piping, conduit or other wall penetrations, the subcontractor installing the sleeve

will fire caulk the inside of the sleeve and the subcontractor installing the fire taping or rated wall

will seal the remainder.

14.9. If a subcontractor fails to install their work in a timely manner and must later install their work in

areas previously finished, the cost to cut and patch will be borne by that subcontractor.

14.10. The subcontractor who installs rated walls will stencil 4 inch (4") high letters indicating the wall

rating on all rated walls every ten feet (10') on center or as required in the specifications. (For

drywall partitions, stencil after the above-ceiling fire taping is complete.)

14.11. Prior to interior wall and ceiling closure, each responsible subcontractor shall complete a form

provided by T. A. Loving Company confirming that all of his in-wall and above-ceiling installations

have been completed. After all state and local inspections have been made, and any violations

corrected, the rated wall and ceiling subcontractors shall complete all wall and ceiling closures.

14.12. All subcontractors shall provide for a smooth transition from their installed materials to other

dissimilar materials where exposed to view by means of caulking or other appropriate means.



15. Layout

15.1. “Layout” shall be the responsibility of each respective Subcontractor. Verify layout

information shown on the drawings, in relation to the property survey and existing benchmarks

before laying out the work. Do not change or relocate benchmarks or control points without prior

written approval. Promptly report lost or destroyed reference points, or requirements to relocate

reference points because of necessary changes in grades or locations.

15.2. For layout of ceiling mounted items such as lights, diffusers and access doors each sub is

responsible for providing the center point of each item with the rough opening size clearly written

in paint or permanent ink.

15.3. Once interior and exterior walls are laid out and before framing begins, any contractor requiring

framing block-outs is responsible for providing framing block out dimensions drawn in paint or

permanent ink at the base of the wall. Dimensions shall include height from floor to bottom of

block out and width and height of block out. It is the responsibility of the contractor providing the

dimensions to determine block out sizes and to accommodate for insulation and UL assembly

requirements.

15.4. All conduit, duct or pipe penetrations must have a maximum of 1” of annular space. If

penetrations are made before the walls are topped out it is the responsibility of the drywall

contractor to maintain annular space. For penetrations after walls are topped out it is the

responsibility of the contractor making the penetration.

15.5. Provide layout and installation of all sleeves, core drilling, blockouts as required for installation

in this scope of work. Provide X-ray scanning of any sleeves installed in post-tension concrete

assemblies if sleeve was incorrectly located or missed at time of concrete placement. Provide

temporary protection of all openings until permanent piping/systems are in place.

16. Cutting and Patching

16.1. Any and all penetrations will be sealed by the Subcontractor requiring the penetration. All cutting

and patching will be the responsibility of the subcontractor requiring same.

16.2. The Fireproofing Subcontractor shall be responsible for “normal” patching of fireproofing

damaged during the installation of hangers from the structural steel frame (for the support of

ceilings, equipment, movable walls, partitions, piping, conduit, ductwork, fixtures, etc.). “Normal”

is defined as patched areas less than twice the area of contact between the hanger and the

structural member.

16.3. “Excessive” patching of fireproofing damaged during the installation of hangers for the structural

steel frame shall be the responsibility of the subcontractor causing said damage. “Excessive” is

defined as patched areas more than twice the area of contact between the hanger and the

structural member.

16.4. Patching of all other fireproofing damaged during construction shall be the responsibility of the

subcontractor causing said damage. If responsibility cannot be established, the cost of such



patching shall be prorated among the subcontractors in proportion to the manpower employed

while installing work supported from the structural frame.

17. Final Connections

17.1. The final connections to on-site utilities, both new and existing, will be the responsibility of the

trade requiring the connections. Bids indicating limits to their scope of work, such as “5 ft. outside

of the building” or “1 ft. above finished floor” will not be considered. Subcontractors are

responsible for verifying the location of the proposed connection points for the utilities prior to

the bid date and including the cost of extending the utilities to the building.

18. Temporary Electric

18.1. Temporary project electrical service, as well as lights and wiring, required for proper performance

of work will be furnished by the Electrical Contractor. Maintenance of the above-mentioned

service will also be the Electrical Contractors responsibility. “Task Lighting” will be the

responsibility of each respective Subcontractor. Monthly power consumption bills will be paid

for by T. A. Loving Company. Abuse of utility usage by any Subcontractor will not be tolerated

and may result in that Subcontractor being charged a pro-rata portion of the utility costs.

18.2. The Electrical Contractor will be responsible for the following in their base bid, per building:

A. Permits for temporary service when required.

18.3. Temporary power and lighting services will begin upon commencement of the project and

continue as the work progresses.

A. Ambient lighting will be approximately one (1) watt per square foot (to achieve a lighting

level of 5fc as required by OSHA standards) provided at a ratio of one (1) 150W lamp per

room, excluding closets, chases, etc. Additional 150W lamps will be provided for each one

hundred fifty (150) square feet of area (to achieve the specified lighting level). In corridors,

150W lamps will be installed thirty (30) feet on center (to achieve the required 5fc level).

In stairwells, 150W lamps will be installed at each landing.

B. General purpose duplex receptacles, with ground fault protection, will be provided at a ratio

of approximately one (1) per one thousand five hundred (1,500) square feet. Receptacles

will be located with the intent that all areas are to be accessible through the use of 100'

drop cords. Any contractor electing to use existing utility services, or any other new device

not intended for temporary use, will assume responsibility for furnishing ground fault

protection ahead of his respective drop cord.

C. All temporary power and lighting shall be removed at the completion of the project or at a

time that it is no longer required.

19. Partial Release



19.1. Each Subcontractor will be required to attach a Partial Release of Lien Form to each Application

for Payment. T. A. Loving Company will not recognize any application if the proper Release of

Lien is not attached.

20. As-Built Drawings

20.1. As the work progresses, each Subcontractor shall maintain a complete record of variations

between actual project installation and contract drawing requirements. Failure to keep an up to

date set of as builts drawings will result in delay of monthly payments until corrected. Upon

completion of 80% of the project, one set of drawings will be marked in red by each Subcontractor

to indicate all such variations. These drawings should be forwarded to the Contractor. This

requirement must be met in order to close-out the project or receive final payment.

20.2. Mechanical Contractor is responsible for Final As-Built Drawings and the coordination between

the Plumbing, Electrical, and Fire Protection Contractor to develop said drawings. Drawings shall

be provided in both CAD and PDF formats

20.3. Final as-built documents will be in color and submitted to T. A. Loving Company per the

requirements of the Contract Specifications

21. Safety and Drug and Alcohol Awareness Programs

21.1. Each Subcontractor shall, upon execution of its Subcontract and as a condition precedent to

receipt of any payments under said Subcontract, provide T. A. Loving Company a copy of a Drug

and Alcohol Awareness Program which Subcontractor shall have in operation before

Subcontractor commences any work on the project. Subcontractor shall require similar programs

of its subcontractors. The Program shall prohibit the unlawful possession, use or distribution of

controlled substances and alcohol on the jobsite, shall prohibit employees from being under the

influence of such controlled substances or alcohol on the jobsite and shall provide for drug testing

of employees on a pre-employment, post-accident or for cause basis. This program shall also

include advising employees of the danger of drugs or alcohol in the workplace and the availability

of counseling, rehabilitation, employee assistance programs or other available benefits.

21.2. Tobacco-Free Workplace: All areas of the workplace and property are tobacco-free, without

exception. This includes the buildings, grounds, parking lots and all vehicles and equipment

within the construction limits

22. Temporary Fencing

22.1. Temporary fencing and gates will be provided around the project site. Any subcontractor that

requires removal, adjustment, relocation, etc. shall be responsible for the cost born for that work.

22.2. Any damages to the fencing shall be repaired by the contractor causing the damage.

23. Blocking, Backing and Grounds



23.1. Each Subcontractor shall be responsible for providing the blocking, backing and grounds

necessary for the installation of its work unless indicated otherwise in their specific Work

Package.

24. Change Orders

24.1. The owner or Construction Manager may have changes made in the work covered by the

contract. These changes will not invalidate and will not relieve or release the contractor from any

guarantee given by him pertinent to the contract provisions. These changes will not affect the

validity of the guarantee bond and will not relieve the surety or sureties of said bond. All extra

work shall be executed under conditions of the original contract.

24.2. Except in an emergency endangering life or property, no change shall be made by the contractor

except upon receipt of approved change order or written field order from the Construction

Manager. No claim for adjustments of the contract price shall be valid unless this procedure is

followed. All costs for change orders or field orders shall be submitted for approval monthly or

within 45 days of direction.

24.3. In the event of emergency endangering life or property, the contractor may be directed to

proceed on a time and material basis whereupon the contractor shall proceed and keep

accurately on such form as may be required, a correct account of costs together with all proper

invoices, payrolls and supporting data.

24.4. Change Order Requests (Field Orders) must be submitted by the subcontractor to the CM@R

using the attached spreadsheet. The spreadsheet is a two (2) page form that lists all the required

information per the specifications.

24.5. Each COR shall start with “Breakdown Sheet on page 2” by entering the material description,

unit price and quantities and the formulas will calcite the totals and carry over to the cover sheet.

Do the same for equipment rented and 2nd tier subcontractors.

24.6. All labor will be entered on the cover sheet. The CM@R will assist the subcontractor in the use

of this form. All COR forms must be submitted with the required corresponding back up such as

material takeoffs or estimates, equipment quotes and 2nd tier breakdowns. NO LUMP SUM

figures will be accepted as back-up.

24.7. Per article 19 of the General Conditions, the allowances for overhead and profit combined shall

not exceed fifteen percent (15%) of net cost where the change involves a second tier

subcontractor, allowance shall not exceed five percent (5%) for the prime or first tier

subcontractor. In the case of deductive change orders, the contractor shall include no less than

five percent (5%) profit but no allowances for overhead. All these values and percentages in

the COR form mirror this directive, thus the formulas on the spread sheet shall not be overwritten

by the subcontractor.

24.8. No subcontractor Project Manager or Superintendent labor will be allowed to be included in the

labor portion of the change order request.

24.9. Refer to the project specifications for more information or clarification to the guidelines of the

change order request process.



24.10. At the time of signing a change order, the contractor shall be required to certify as follows:

A. “I certify that my bonding company will be notified forthwith that my contract has been

changed by the amount of this change order, and that a copy of the approved change order

will be mailed upon receipt by me to my surety.”

25. Quality Management

25.1. Each Subcontractor shall participate in the Quality Management Program as directed by the

Construction Manager and shall be responsible for maintaining an acceptable level of quality for

its work.

25.2. After award of the Subcontract and prior to start of its work. T. A. Loving Company will schedule

a meeting with the subcontractors. The purpose of the meeting is to introduce the Quality

Management Program and to determine its implementation process.

25.3. All work not meeting the acceptable level of quality will be corrected at the Subcontractor’s

expense.

26. Protection of Existing Utilities

26.1. The subcontractor shall provide and maintain proper shoring and bracing for existing utilities

above or below ground encountered during their work to protect them from collapse or other type

of damage until such time as they are to be removed, incorporated into the new work, or can be

properly backfilled upon completion of the new work.

27. Temporary Hoist

27.1. No hoisting will be provided by the Design Builder.

28. Indoor Air Quality

28.1. The HVAC Subcontractor shall cover and tape or seal all HVAC inlets in work areas, with at least

6-mil polyethylene, to control dust and contaminants from entering or migrating into the building.

Existing HVAC supply air systems may be used to provide temporary heating or cooling,

provided the fans are not permitted to shut down. Existing return and exhaust air systems shall

be capped outside of the construction area. Ductwork that is to remain within the construction

area shall be sealed. All supply air shall be exhausted to the outside.

28.2. Mechanical equipment and HVAC duct should be stored by the HVAC Subcontractor with open

ends sealed to protect them from moisture and contaminants. The open ends should be

protected after and during installation if there is a potential for water or contaminants to enter the

ductwork. See Sheet Metal and Air Conditioning Contractors' National Association (SMACNA)

Duct Cleanliness for New Construction Guidelines, Section 3.1, Cleanliness Levels, 3.3

Intermediate Level, for details.



28.3. The HVAC Subcontractor shall shut down or cover all air handling ducts whenever possible

during demolition activities. These shut downs or covering of air handling ducts shall be

coordinated and approved by T. A. Loving Company and the Owner.

28.4. Each Subcontractor shall cooperate in ensuring that all penetrations into a demolition and

construction area are sealed, doors and windows are kept closed and air ducts are kept capped

when possible.

28.5. Each Subcontractor shall report any mold found immediately to T. A. Loving Company. Work

within the area of the detected mold shall stop to allow clean up to be implemented by the Owner.

29. Fire, Smoke and Sound Caulking

29.1. Each contractor is responsible for caulking their own penetrations. Each penetration in a fire

rated wall must adhere to the U.L. design standard for that type of penetration. The U.L. number

must be clearly labeled on the wall adjacent to the penetration.

29.2. Each person installing fire-caulk must have successfully completed a Level 1 fire stop training

course. All penetrations in smoke or non-rated walls must be caulked on both sides of the wall.

29.3. The Drywall contractor is responsible for caulking top and of gypsum walls

A. To the greatest extent possible, a common product will be coordinated for all

subcontractors needing fire caulking and firestopping.

Section 4

Bid Proposal Form


Section 4 – Bid Proposal 1

SUBCONTRACTOR FORM OF PROPOSAL

FLEET MAINTENANCE BUILDING

GREENVILLE, NORTH CARLOINA

Bidder Name

Bid Package

Date

SUMBMITTED TO: T. A. Loving Company

400 Patetown Road

Goldsboro, North Carolina 27533-0919

The Bidder, in compliance with the Invitation for Bids, has examined the Contract documents and other related

documents, including the availability of materials and labor, hereby proposes to furnish all labor, materials, tools,

equipment, machinery, equipment rental, transportation, superintendence, perform all work, provide all services, and

to construct all work in accordance with the Contract Documents set forth herein, and at the prices stated below.

After Bid Proposals are received, tabulated and evaluated by T. A. Loving Company, and the successful Bidder for

each category of work has been determined, said Bidder agrees to meet immediately with T. A. Loving Company at

the place of receipt of bids for purposes of determining any duplications or omissions. For purposes of these meetings,

the Bidder agrees to provide a complete, detailed cost breakdown; a list of all Subcontractors proposed for use in the

work; and a list of all items, materials and their manufacturers proposed for use in their work.

The Bidder, if awarded a Subcontract agrees to commence work and to fully complete and deliver this Work Category

in accordance with the schedule prepared by T. A. Loving Company.

The undersigned agrees to perform all work associated with the following Bid Package number and description as

detailed in Section 13:

Base Bid including sales tax: ($ )

Add cost of Performance & Payment Bonds ($ ) For bids exceeding $100,000

Total Base Bid Including Sales Tax and Bonds, Engineering ($ )

All Applicable Allowances for this package shall be included in the Base Bid. Allowances are available for

application at the discretion of the Construction Manager and the unused portion credited against the Contract amount.

All Contract allowances will be identified in the Schedule of Values as an individual line item exclusive of overhead and

profit.



All bids over $300,000 must have a bid security attached per Section 3 – Instructions to Bidders Article 6 –

Form of Bid.

All bids over $100,000 must provide an added cost of Performance and Material Payments Bonds.

The Bidder acknowledges receipt of the following Addenda:

No. Date No. Date

No. Date No. Date

The Bidder acknowledges receipt of the following DB Clarification:

No. Date No. Date

No. Date No. Date

ALTERNATES:

Alternate No. 1 – Building 3 Parking Lot and Laydown Expansion (BP2600, BP3100)

(add) ($ )

Alternate No. 2 – Vehicle Wash Station Canopy (BP0500, BP1300, BP2600)

(add) ($ )

PREFERRED BRAND ALTERNATE

Alternate No. M1 – Building controls by Johnston Controls

(add) ($ )

Alternate No. E1 – Security System by Avigilon

(add) ($ )

Alternate No. E2 – Sound Masking System by QSC

(add) ($ )

Alternate No. E3 – Video Presentation Equipment by Creston

(add) ($ )



UNIT PRICES: Include ALL applicable allowances in base bid

A. Unit Price No. 1: Removal and off-site disposal soils (BP2200, BP3100) 1. Unit of Measurement: Cubic yard. 2. Include the following in the Unit Price:

a. Purchasing, transport, installation, and wiring. b. Labor and management. c. Overhead and profit.

3. Include all other related costs in the contract sum. 4. Method of Measurement: Quantities will be verified by a soils and materials engineer

employed by the Owner. 5. Allowance Quantity: TBD.

Cost per Unit ______________________.

B. Unit Price No. 13: Replace soil from offsite source (BP2200, BP3100) 1. Unit of Measurement: Cubic yard. 2. Include the following in the Unit Price:

a. Purchasing, transport, installation, and wiring. b. Labor and management. c. Overhead and profit.

3. Include all other related costs in the contract sum. 4. Method of Measurement: Quantities will be verified by a soils and materials engineer

employed by the Owner. 5. Allowance Quantity: TBD.

Cost per Unit ______________________.

Bidder agrees that this Base Bid shall be good and may not be withdrawn for a period of sixty (90) calendar days after the opening date of Bid Proposals.

The undersigned understand that T. A. Loving Company, the Architect and Owner, reserve the right to reject any or all Bid Proposals and to waive any informalities or irregularities therein.

Within fifteen (15) days after receipt of the signed Subcontract or Purchase Order for the amount of this Bid Proposal, the undersigned will execute said agreement and deliver Performance and Labor and Material Bonds (if required) to T. A. Loving Company.

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.



On behalf of ________________________________________, of which I am duly authorized to execute this instrument, I,

_________________________________, do hereby affirm and bind _______________ to the following:

1. We have received and reviewed each drawing, of each and every volume of drawings, distributed by the Construction

Manager (CM), and acknowledge that there may be notes, details, or other information on those drawings that have

influenced our bid; no matter if the drawing, in its entirety, pertains to the bid package included in our bid. All costs

associated with those notes, details, or other information are included in our bid. ________ (initials)

2. We have received and reviewed each specification section, of each and every volume of specifications, distributed by

the CM, and acknowledge that there may be notes, details, or other information in those specification sections that have

influenced our bid; no matter if the specification section, in its entirety, pertains to the bid package included in our bid.

All costs associated with those notes, details, or other information are included in our bid. _________ (initials)

3. We have received and reviewed the CM’s Bid Manual, read it from cover to cover, and fully understand the bid package

we are bidding on, in addition to any and/or all other requirements outlined in the Bid Manual. __________ (initials)

4. We have received and reviewed each and every addendum as it has been issued by the CM, including all documents

attached thereto, including revisions to the drawings, details, specifications, and bid manual. All costs associated

with the addenda are included in our bid. _________ (initials)

5. We have not included any unapproved substitutions of material, equipment, or other appurtenances in our bid. We

have included all material, equipment, and appurtenances as specified and detailed in the drawings and specifications.

_________ (initials)

6. We have asked for and received answers to any pre-bid questions we have that would influence our bid price or ability

to perform our work with regard to the bid package we are submitting our bid on. _________ (initials)

7. We understand that the sole purpose of any scope review meeting(s) will be to discuss the acceptance or rejection of

bid alternates, review of value engineering options, availability of personnel to perform the scope of work, review the

project cost breakdown form that was attached to the bid package scope, and any other cost reduction items. _________

(initials)

8. We fully understand the scope and scale of the project as a whole and the scope of our bid package included in our bid.

We further acknowledge that the means and methods necessary to complete our scope of work are our own. We have

also reviewed the preliminary project schedule included in the bidder’s manual and will have sufficient manpower to

complete this scope of work. _________ (initials)

The foregoing terms have been reviewed and accepted by _____________________________ and we acknowledge

that acceptance of these terms is required with the bid and that this executed exhibit will be included as a binding

attachment to any subcontract agreement entered into by the Subcontractor and the CM.

BY: ________________________________________________________________________

Name of Subcontractor

Name & Title of Authorized Individual

Name & Title of Authorized Individual Name of Subcontractor



Proposal Signature Page

The undersigned further agrees that in the case of failure on his part to execute the said contract and the bonds within ten (10) consecutive calendar days after being given written notice of the award of contract, the certified check, cash or bid bond accompanying this bid shall be paid into the funds of the owner's account set aside for the project, as liquidated damages for such failure; otherwise the certified check, cash or bid bond accompanying this proposal shall be returned to the undersigned.

Respectfully submitted this day of

(Name of firm or corporation making bid)

WITNESS: By: Signature

Name: (Proprietorship or Partnership) Print or type

Title (Owner/Partner/Pres./V.Pres)

Address

ATTEST:

By: License No.

Title: Federal I.D. No.

(Corp. Sec. or Asst. Sec. only)

Email Address:

(CORPORATE SEAL)

Section 5

MWBE FORMS

Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid

MBForms 2002-Revised July 2010

Identification of HUB Certified/ Minority Business Participation

I, , (Name of Bidder)

do hereby certify that on this project, we will use the following HUB Certified/ minority business as construction subcontractors, vendors, suppliers or providers of professional services. Firm Name, Address and Phone # Work Type *Minority **HUB

Category Certified (Y/N)

*Minority categories: Black, African American (B), Hispanic (H), Asian American (A) American Indian (I), Female (F) Socially and Economically Disadvantaged (D)

** HUB Certification with the state HUB Office required to be counted toward state participation goals.

The total value of minority business contracting will be ($)



State of North Carolina AFFIDAVIT A – Listing of Good Faith Efforts County of

(Name of Bidder) Affidavit of

I have made a good faith effort to comply under the following areas checked:

Bidders must earn at least 50 points from the good faith efforts listed for their bid to be considered responsive. (1 NC Administrative Code 30 I.0101)

1 – (10 pts) Contacted minority businesses that reasonably could have been expected to submit a quote and that were known to the contractor, or available on State or local government maintained lists, at least 10 days before the bid date and notified them of the nature and scope of the work to be performed.

2 --(10 pts) Made the construction plans, specifications and requirements available for review by prospective minority businesses, or providing these documents to them at least 10 days before the bids are due.

3 – (15 pts) Broken down or combined elements of work into economically feasible units to facilitate minority participation.

4 – (10 pts) Worked with minority trade, community, or contractor organizations identified by the Office of Historically Underutilized Businesses and included in the bid documents that provide assistance in recruitment of minority businesses.

5 – (10 pts) Attended prebid meetings scheduled by the public owner.

6 – (20 pts) Provided assistance in getting required bonding or insurance or provided alternatives to bonding or insurance for subcontractors.

7 – (15 pts) Negotiated in good faith with interested minority businesses and did not reject them as unqualified without sound reasons based on their capabilities. Any rejection of a minority business based on lack of qualification should have the reasons documented in writing.

8 – (25 pts) Provided assistance to an otherwise qualified minority business in need of equipment, loan capital, lines of credit, or joint pay agreements to secure loans, supplies, or letters of credit, including waiving credit that is ordinarily required. Assisted minority businesses in obtaining the same unit pricing with the bidder's suppliers in order to help minority businesses in establishing credit.

9 – (20 pts) Negotiated joint venture and partnership arrangements with minority businesses in order to increase opportunities for minority business participation on a public construction or repair project when possible.

10 - (20 pts) Provided quick pay agreements and policies to enable minority contractors and suppliers to meet cash-flow demands.

The undersigned, if apparent low bidder, will enter into a formal agreement with the firms listed in the Identification of Minority Business Participation schedule conditional upon scope of contract to be executed with the Owner. Substitution of contractors must be in accordance with GS143-128.2(d) Failure to abide by this statutory provision will constitute a breach of the contract.

The undersigned hereby certifies that he or she has read the terms of the minority business commitment and is authorized to bind the bidder to the commitment herein set forth.

Date: Name of Authorized Officer: Signature: Title:

State of______________, County of Subscribed and sworn to before me this day of 20 Notary Public My commission expires

SEAL



State of North Carolina --AFFIDAVIT B-- Intent to Perform Contract with Own Workforce. County of

Affidavit of (Name of Bidder)

I hereby certify that it is our intent to perform 100% of the work required for the contract.

(Name of Project)

In making this certification, the Bidder states that the Bidder does not customarily subcontract elements of this type project, and normally performs and has the capability to perform and will perform all elements of the work on this project with his/her own current work forces; and The Bidder agrees to provide any additional information or documentation requested by the owner in support of the above statement. The Bidder agrees to make a Good Faith Effort to utilize minority suppliers where possible. The undersigned hereby certifies that he or she has read this certification and is authorized to bind the Bidder to the commitments herein contained. Date: Name of Authorized Officer: Signature: Title: State of _________ __ , County of ________________________ Subscribed and sworn to before me this day of 20___ Notary Public My commission expires

SEAL

Do not submit with bid Do not submit with bid Do not submit with bid Do not submit with bid


State of North Carolina - AFFIDAVIT C - Portion of the Work to be Performed by HUB Certified/Minority Businesses County of

(Note this form is to be submitted only by the apparent lowest responsible, responsive bidder.)

If the portion of the work to be executed by HUB certified/minority businesses as defined in GS143-128.2(g) and 128.4(a),(b),(e) is equal to or greater than 10% of the bidders total contract price, then the bidder must complete this affidavit. This affidavit shall be provided by the apparent lowest responsible, responsive bidder within 72 hours after notification of being low bidder.

Affidavit of I do hereby certify that on the (Name of Bidder)

(Project Name)

Project ID# Amount of Bid $ I will expend a minimum of % of the total dollar amount of the contract with minority business enterprises. Minority businesses will be employed as construction subcontractors, vendors, suppliers or providers of professional services. Such work will be subcontracted to the following firms listed below. Attach additional sheets if required

Name and Phone Number *Minority Category

**HUB Certified Y/N

Work Description

Dollar Value


** HUB Certification with the state HUB Office required to be counted toward state participation goals.

Pursuant to GS143-128.2(d), the undersigned will enter into a formal agreement with Minority Firms for work listed in this schedule conditional upon execution of a contract with the Owner. Failure to fulfill this commitment may constitute a breach of the contract.

The undersigned hereby certifies that he or she has read the terms of this commitment and is authorized to bind the bidder to the commitment herein set forth. Date: Name of Authorized Officer:

Signature:

Title:

State of , County of

Subscribed and sworn to before me this day of 20

SEAL

Do not submit with bid Do not submit with bid Do not submit with bid Do not submit with bid


Notary Public

My commission expires

Do not submit with the bid Do not submit with the bid Do not submit with the bid Do not submit with the bid Do not submit with the bid

MBForms 2002-Revised May 2010 -1-

State of North Carolina AFFIDAVIT D – Good Faith Efforts

County of (Note this form is to be submitted only by the apparent lowest responsible, responsive bidder.)

If the goal of 10% participation by HUB Certified/ minority business is not achieved, the Bidder shall provide the following documentation to the Owner of his good faith efforts:

Affidavit of I do hereby certify that on the (Name of Bidder)

(Project Name)

Project ID# Amount of Bid $ I will expend a minimum of % of the total dollar amount of the contract with HUB certified/ minority business enterprises. Minority businesses will be employed as construction subcontractors, vendors, suppliers or providers of professional services. Such work will be subcontracted to the following firms listed below. (Attach additional sheets if required)

Name and Phone Number *Minority Category

**HUB Certified Y/N

Work Description

Dollar Value


** HUB Certification with the state HUB Office required to be counted toward state participation goals. Examples of documentation that may be required to demonstrate the Bidder's good faith efforts to meet the goals set forth in these provisions

include, but are not necessarily limited to, the following:

A. Copies of solicitations for quotes to at least three (3) minority business firms from the source list provided by the State for each subcontract

to be let under this contract (if 3 or more firms are shown on the source list). Each solicitation shall contain a specific description of the work to

be subcontracted, location where bid documents can be reviewed, representative of the Prime Bidder to contact, and location, date and time

when quotes must be received.

B. Copies of quotes or responses received from each firm responding to the solicitation.

C. A telephone log of follow-up calls to each firm sent a solicitation.

D. For subcontracts where a minority business firm is not considered the lowest responsible sub-bidder, copies of quotes received from all

firms submitting quotes for that particular subcontract.

E. Documentation of any contacts or correspondence to minority business, community, or contractor organizations in an attempt to meet the

goal.

F. Copy of pre-bid roster

G. Letter documenting efforts to provide assistance in obtaining required bonding or insurance for minority business.

H. Letter detailing reasons for rejection of minority business due to lack of qualification.

I. Letter documenting proposed assistance offered to minority business in need of equipment, loan capital, lines of credit, or joint pay

agreements to secure loans, supplies, or letter of credit, including waiving credit that is ordinarily required.

Failure to provide the documentation as listed in these provisions may result in rejection of the bid and award to the next lowest responsible

and responsive bidder.

Pursuant to GS143-128.2(d), the undersigned will enter into a formal agreement with Minority Firms for work listed in this schedule conditional upon execution of a contract with the Owner. Failure to fulfill this commitment may constitute a breach of the contract.

Do not submit with the bid Do not submit with the bid Do not submit with the bid Do not submit with the bid Do not submit with the bid

MBForms 2002-Revised May 2010 -2-

The undersigned hereby certifies that he or she has read the terms of this commitment and is authorized to bind the bidder to the commitment herein set forth.

Date: Name of Authorized Officer:

Signature:

Title:

State of , County of

Subscribed and sworn to before me this day of 20

Notary Public

My commission expires

SEAL

GUIDELINES FOR RECRUITMENT AND SELECTION OF MINORITY BUSINESSES FOR

PARTICIPATION IN STATE CONSTRUCTION PROJECTS

GUIDELINES FOR RECRUITMENT AND SELECTION OF MINORITY

BUSINESSES FOR PARTICIPATION IN STATE CONSTRUCTION CONTRACTS

In accordance with G.S. 143-128.2 (effective January 1, 2002) these guidelines establish goals for minority participation in single-prime bidding, separate-prime bidding, construction manager at risk, and alternative contracting methods, on State construction projects in the amount of $300,000 or more. The legislation provides that the State shall have a verifiable ten percent (10%) goal for participation by minority businesses in the total value of work for each project for which a contract or contracts are awarded. These requirements are published to accomplish that end.

SECTION A: INTENT It is the intent of these guidelines that the State of North Carolina, as awarding authority for construction projects, and the contractors and subcontractors performing the construction contracts awarded shall cooperate and in good faith do all things legal, proper and reasonable to achieve the statutory goal of ten percent (10%) for participation by minority businesses in each construction project as mandated by GS 143-128.2. Nothing in these guidelines shall be construed to require contractors or awarding authorities to award contracts or subcontracts to or to make purchases of materials or equipment from minority- business contractors or minority-business subcontractors who do not submit the lowest responsible, responsive bid or bids.

SECTION B: DEFINITIONS 1. Minority - a person who is a citizen or lawful permanent resident of the United States and who

is: a. Black, that is, a person having origins in any of the black racial groups in Africa; b. Hispanic, that is, a person of Spanish or Portuguese culture with origins in Mexico, South or

Central America, or the Caribbean Islands, regardless of race; c. Asian American, that is, a person having origins in any of the original peoples of the Far

East, Southeast Asia and Asia, the Indian subcontinent, the Pacific Islands; d. American Indian, that is, a person having origins in any of the original peoples of North

America; or e. Female

2. Minority Business - means a business:

a. In which at least fifty-one percent (51%) is owned by one or more minority persons, or in the case of a corporation, in which at least fifty-one percent (51%) of the stock is owned by one or more minority persons or socially and economically disadvantaged individuals; and

b. Of which the management and daily business operations are controlled by one or more of the minority persons or socially and economically disadvantaged individuals who own it.

3. Socially and economically disadvantaged individual - means the same as defined in 15 U.S.C. 637. “Socially disadvantaged individuals are those who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities”. “Economically disadvantaged individuals are those socially disadvantaged individuals whose ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities as compared to others in the same business area who are not socially disadvantaged”.

4. Public Entity - means State and all public subdivisions and local governmental units.

5. Owner - The State of North Carolina, through the Agency/Institution named in the contract.

6. Designer – Any person, firm, partnership, or corporation, which has contracted with the State of North Carolina to perform architectural or engineering, work.

7. Bidder - Any person, firm, partnership, corporation, association, or joint venture seeking to be awarded a public contract or subcontract.

8. Contract - A mutually binding legal relationship or any modification thereof obligating the seller to furnish equipment, materials or services, including construction, and obligating the buyer to pay for them.

9. Contractor - Any person, firm, partnership, corporation, association, or joint venture which has

contracted with the State of North Carolina to perform construction work or repair.

10. Subcontractor - A firm under contract with the prime contractor or construction manager at risk for supplying materials or labor and materials and/or installation. The subcontractor may or may not provide materials in his subcontract.

SECTION C: RESPONSIBILITIES 1. Office for Historically Underutilized Businesses, Department of Administration (hereinafter referred

to as HUB Office).

The HUB Office has established a program, which allows interested persons or businesses qualifying as a minority business under G.S. 143-128.2, to obtain certification in the State of North Carolina procurement system. The information provided by the minority businesses will be used by the HUB Office to:

a. Identify those areas of work for which there are minority businesses, as requested. b. Make available to interested parties a list of prospective minority business contractors and

subcontractors. c. Assist in the determination of technical assistance needed by minority business contractors.

In addition to being responsible for the certification/verification of minority businesses that want to participate in the State construction program, the HUB Office will:

(1) Maintain a current list of minority businesses. The list shall include the areas of work in which each minority business is interested.

(2) Inform minority businesses on how to identify and obtain contracting and subcontracting opportunities through the State Construction Office and other public entities.

(3) Inform minority businesses of the contracting and subcontracting process for public construction building projects.

(4) Work with the North Carolina trade and professional organizations to improve the ability of minority businesses to compete in the State construction projects.

(5) The HUB Office also oversees the minority business program by: a. Monitoring compliance with the program requirements. b. Assisting in the implementation of training and technical assistance programs. c. Identifying and implementing outreach efforts to increase the utilization of minority

businesses. d. Reporting the results of minority business utilization to the Secretary of the

Department of Administration, the Governor, and the General Assembly.

2. State Construction Office The State Construction Office will be responsible for the following:

a. Furnish to the HUB Office a minimum of twenty-one days prior to the bid opening the following:

(1) Project description and location; (2) Locations where bidding documents may be reviewed; (3) Name of a representative of the owner who can be contacted during the advertising

period to advise who the prospective bidders are; (4) Date, time and location of the bid opening. (5) Date, time and location of prebid conference, if scheduled.

b. Attending scheduled prebid conference, if necessary, to clarify requirements of the general

statutes regarding minority-business participation, including the bidders' responsibilities.

c. Reviewing the apparent low bidders' statutory compliance with the requirements listed in the proposal, that must be complied with, if the bid is to be considered as responsive, prior to award of contracts. The State reserves the right to reject any or all bids and to waive informalities.

d. Reviewing of minority business requirements at Preconstruction conference. e. Monitoring of contractors’ compliance with minority business requirements in the contract

documents during construction. f. Provide statistical data and required reports to the HUB Office. g. Resolve any protest and disputes arising after implementation of the plan, in conjunction with the

HUB Office.

3. Owner Before awarding a contract, owner shall do the following:

a. Develop and implement a minority business participation outreach plan to identify minority

businesses that can perform public building projects and to implement outreach efforts to encourage minority business participation in these projects to include education, recruitment, and interaction between minority businesses and non-minority businesses.

b. Attend the scheduled prebid conference. c. At least 10 days prior to the scheduled day of bid opening, notify minority businesses that have

requested notices from the public entity for public construction or repair work and minority businesses that otherwise indicated to the Office for Historically Underutilized Businesses an interest in the type of work being bid or the potential contracting opportunities listed in the proposal. The notification shall include the following:

1. A description of the work for which the bid is being solicited. 2. The date, time, and location where bids are to be submitted. 3. The name of the individual within the owner’s organization who will be available to

answer questions about the project. 4. Where bid documents may be reviewed. 5. Any special requirements that may exist.

d. Utilize other media, as appropriate, likely to inform potential minority businesses of the bid being sought.

e. Maintain documentation of any contacts, correspondence, or conversation with minority business firms made in an attempt to meet the goals.

f. Review, jointly with the designer, all requirements of G.S. 143-128.2(c) and G.S. 143-128.2(f) – (i.e. bidders’ proposals for identification of the minority businesses that will be utilized with corresponding total dollar value of the bid and affidavit listing good faith efforts, or affidavit of self-performance of work, if the contractor will perform work under contract by its own workforce) - prior to recommendation of award to the State Construction Office.

g. Evaluate documentation to determine good faith effort has been achieved for minority business utilization prior to recommendation of award to State Construction Office.

h. Review prime contractors’ pay applications for compliance with minority business utilization commitments prior to payment.

i. Make documentation showing evidence of implementation of Owner’s responsibilities available for review by State Construction Office and HUB Office, upon request

4. Designer Under the single-prime bidding, separate prime bidding, construction manager at risk, or alternative contracting method, the designer will:

a. Attend the scheduled prebid conference to explain minority business requirements to the

prospective bidders. b. Assist the owner to identify and notify prospective minority business prime and subcontractors

of potential contracting opportunities. c. Maintain documentation of any contacts, correspondence, or conversation with minority business

firms made in an attempt to meet the goals. d. Review jointly with the owner, all requirements of G.S. 143-128.2(c) and G.S.143-128.2(f) –

(i.e. bidders’ proposals for identification of the minority businesses that will be utilized with

corresponding total dollar value of the bid and affidavit listing Good Faith Efforts, or affidavit of self-performance of work, if the contractor will perform work under contract by its own workforce) - prior to recommendation of award.

e. During construction phase of the project, review “MBE Documentation for Contract Payment” – (Appendix E) for compliance with minority business utilization commitments. Submit Appendix E form with monthly pay applications to the owner and forward copies to the State Construction Office.

f. Make documentation showing evidence of implementation of Designer’s responsibilities available for review by State Construction Office and HUB Office, upon request.

5. Prime Contractor(s), CM at Risk, and Its First-Tier Subcontractors Under the single-prime bidding, the separate-prime biding, construction manager at risk and alternative contracting methods, contractor(s) will:

a. Attend the scheduled prebid conference. b. Identify or determine those work areas of a subcontract where minority businesses may have an

interest in performing subcontract work. c. At least ten (10) days prior to the scheduled day of bid opening, notify minority businesses of

potential subcontracting opportunities listed in the proposal. The notification will include the following: (1) A description of the work for which the subbid is being solicited. (2) The date, time and location where subbids are to be submitted. (3) The name of the individual within the company who will be available to answer questions

about the project. (4) Where bid documents may be reviewed. (5) Any special requirements that may exist, such as insurance, licenses, bonds and financial

arrangements. If there are more than three (3) minority businesses in the general locality of the project who offer similar contracting or subcontracting services in the specific trade, the contractor(s) shall notify three (3), but may contact more, if the contractor(s) so desires.

d. During the bidding process, comply with the contractor(s) requirements listed in the proposal for minority participation.

e. Identify on the bid, the minority businesses that will be utilized on the project with corresponding total dollar value of the bid and affidavit listing good faith efforts as required by G.S. 143-128.2(c) and G.S. 143-128.2(f).

f. Make documentation showing evidence of implementation of PM, CM-at-Risk and First-Tier Subcontractor responsibilities available for review by State Construction Office and HUB Office, upon request.

g. Upon being named the apparent low bidder, the Bidder shall provide one of the following: (1) an affidavit (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 applicable goal; (2) if the percentage is not equal to the applicable goal, then documentation of all good faith efforts taken to meet the goal. Failure to comply with these requirements is grounds for rejection of the bid and award to the next lowest responsible and responsive bidder.

h. The contractor(s) shall identify the name(s) of minority business subcontractor(s) and corresponding dollar amount of work on the schedule of values. The schedule of values shall be provided as required in Article 31 of the General Conditions of the Contract to facilitate payments to the subcontractors.

i. The contractor(s) shall submit with each monthly pay request(s) and final payment(s), “MBE Documentation for Contract Payment” – (Appendix E), for designer’s review.

j. During the construction of a project, at any time, if it becomes necessary to replace a minority business subcontractor, immediately advise the owner, State Construction Office, and the Director of the HUB Office in writing, of the circumstances involved. The prime contractor shall make a good faith effort to replace a minority business subcontractor with another minority business subcontractor.

k. If during the construction of a project additional subcontracting opportunities become available, make a good faith effort to solicit subbids from minority businesses.

l. It is the intent of these requirements apply to all contractors performing as prime contractor and first tier subcontractor under construction manager at risk on state projects.

6. Minority Business Responsibilities

While minority businesses are not required to become certified in order to participate in the State construction projects, it is recommended that they become certified and should take advantage of the appropriate technical assistance that is made available. In addition, minority businesses who are contacted by owners or bidders must respond promptly whether or not they wish to submit a bid.

SECTION 4: DISPUTE PROCEDURES It is the policy of this state that disputes that involves a person's rights, duties or privileges, should be settled through informal procedures. To that end, minority business disputes arising under these guidelines should be resolved as governed under G.S. 143-128(g).

SECTION 5: These guidelines shall apply upon promulgation on state construction projects. Copies of these guidelines may be obtained from the Department of Administration, State Construction Office, (physical address) 301 North Wilmington Street, Suite 450, NC Education Building, Raleigh, North Carolina, 27601-2827, (mail address) 1307 Mail Service Center, Raleigh, North Carolina, 27699-1307, phone (919) 807-4100, Website: www.nc-sco.com

SECTION 6: In addition to these guidelines, there will be issued with each construction bid package provisions for contractual compliance providing minority business participation in the state construction program.

MINORITY BUSINESS CONTRACT PROVISIONS (CONSTRUCTION)

APPLICATION:

The Guidelines for Recruitment and Selection of Minority Businesses for Participation in State Construction Contracts are hereby made a part of these contract documents. These guidelines shall apply to all contractors regardless of ownership. Copies of these guidelines may be obtained from the Department of Administration, State Construction Office, (physical address) 301 North Wilmington Street, Suite 450, NC Education Building, Raleigh, North Carolina, 27601-2827, (mail address) 1307 Mail Service Center, Raleigh, North Carolina, 27699-1307, phone (919) 807-4100, Website: http://www.nc-sco.com

MINORITY BUSINESS SUBCONTRACT GOALS:

The goals for participation by minority firms as subcontractors on this project have been set at 10%.

The bidder must identify on its bid, the minority businesses that will be utilized on the project with corresponding total dollar value of the bid and affidavit (Affidavit A) listing good faith efforts or affidavit (Affidavit B) of self-performance of work, if the bidder will perform work under contract by its own workforce, as required by G.S. 143-128.2(c) and G.S. 143-128.2(f).

The lowest responsible, responsive bidder must provide 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 applicable goal.

OR

Provide Affidavit D, that includes a description of the portion of work to be executed by minority businesses, expressed as a percentage of the total contract price, with documentation of Good Faith

Effort, if the percentage is not equal to the applicable goal.

OR

Provide Affidavit B, which includes sufficient information for the State to determine that the bidder does not customarily subcontract work on this type project.

The above information must be provided as required. Failure to submit these documents is grounds for rejection of the bid.

MINIMUM COMPLIANCE REQUIREMENTS:

All written statements, affidavits or intentions made by the Bidder shall become a part of the agreement between the Contractor and the State for performance of this contract. Failure to comply with any of these statements, affidavits or intentions, or with the minority business Guidelines shall constitute a breach of the contract. A finding by the State that any information submitted either prior to award of the contract or during the performance of the contract is inaccurate, false or incomplete, shall also constitute a breach of the contract. Any such breach may result in termination of the contract in accordance with the termination provisions contained in the contract. It shall be solely at the option of the State whether to terminate the contract for breach.

In determining whether a contractor has made Good Faith Efforts, the State will evaluate all efforts made by the Contractor and will determine compliance in regard to quantity, intensity, and results of these efforts. Good Faith Efforts include:

(1) Contacting minority businesses that reasonably could have been expected to submit a quote and

that were known to the contractor or available on State or local government maintained lists at least 10 days before the bid or proposal date and notifying them of the nature and scope of the work to be performed.

(2) Making the construction plans, specifications and requirements available for review by prospective

minority businesses, or providing these documents to them at least 10 days before the bid or proposals are due.

(3) Breaking down or combining elements of work into economically feasible units to facilitate

minority participation.

(4) Working with minority trade, community, or contractor organizations identified by the Office for Historically Underutilized Businesses and included in the bid documents that provide assistance in recruitment of minority businesses.

(5) Attending any prebid meetings scheduled by the public owner.

(6) Providing assistance in getting required bonding or insurance or providing alternatives to bonding or insurance for subcontractors.

(7) Negotiating in good faith with interested minority businesses and not rejecting them as unqualified

without sound reasons based on their capabilities. Any rejection of a minority business based on lack of qualification should have the reasons documented in writing.

(8) Providing assistance to an otherwise qualified minority business in need of equipment, loan

capital, lines of credit, or joint pay agreements to secure loans, supplies, or letters of credit, including waiving credit that is ordinarily required. Assisting minority businesses in obtaining the same unit pricing with the bidder's suppliers in order to help minority businesses in establishing credit.

(9) Negotiating joint venture and partnership arrangements with minority businesses in order to

increase opportunities for minority business participation on a public construction or repair project when possible.

(10) Providing quick pay agreements and policies to enable minority contractors and suppliers to meet

cash-flow demands.

APPENDIX E

MBE DOCUMENTATION FOR CONTRACT PAYMENTS

Prime Contractor/Architect:

Address & Phone:

Project Name:

Pay Application #: Period:

The following is a list of payments made to Minority Business Enterprises on this project for the above- mentioned period.

MBE FIRM NAME * INDICATE TYPE OF

MBE

AMOUNT PAID

THIS MONTH

TOTAL PAYMENTS TO

DATE

TOTAL AMOUNT

COMMITTED

*Minority categories: Black, African American (B), Hispanic (H), Asian American (A), American Indian (I), Female (F), Social and Economically Disadvantage (D)

Date: Approved/Certified By: Name

Title

Signature

SUBMIT WITH EACH PAY REQUEST & FINAL PAYMENT (Revised on 3/14/2003)

Section 6

MILESTONE SCHEDULE


Section 6 – Milestone Schedule 1


Section 6 – Milestone Schedule 2

Section 7

Site Logistics

Not Used

Section 8

Bid Packages


Section 7 – Bid Packages 1

Bid Package – 0300 – Turnkey Site and Building Concrete

This Subcontractor shall include all work within the following sections:

T. A. Loving Bidders Manual

Section 03 30 00 Cast-In-Place Concrete

Section 32 13 13 Concrete Paving

The following sections are applicable only as required by the work of this bid package:

Section 31 20 00 Earth Moving

In addition to the sections listed above, the Concrete Subcontractor should include the following:

1. T. A. Loving Company Bidding Manual – Complete. (NOTE: required scope is also mentioned under Section 3 “Requirements of Each Subcontractor”)

2. Provide resumes of all key personnel that will be responsible for the project. 3. Provide all unit prices relating to work in this package as listed on the subcontractor bid form

found in the Project Requirements and Bidding Documents Manual. 4. Provide all labor and material to perform all building and specified site concrete work. 5. Provide all reinforcing steel required for the concrete scope as indicated. This includes

reinforcing around mechanical floor and roof penetrations. Refer to the mechanical sheets for sizes and quantities.

6. This contractor is responsible for the clean-up of all excess concrete debris daily. 7. Coordinate any/all sleeve locations with the trade requiring them during formwork. 8. Includes all material and labor for slab on grade within the perimeter of the building, 9. Provide and install all structural pits, column footings, grade beams, and turn down lugs; this

activity includes excavating, reinforcing, pouring, and setting anchor bolts. Anchor bolts to be provided by others.

10. Provide and install all cast in place concrete walls for the building and site. 11. Provide and install all slab on decks. 12. Provide and install all MEP housekeeping pads shown. 13. This subcontractor is responsible for fine grading and compaction of soil subgrade prior to

installation of stone, this is done after MEP under slab installation is complete. 14. Install stone base and vapor barrier for slab on grade as detailed 15. Truck “wash-out” of unused concrete will not be permitted on-site 16. All concrete receiving dampproofing or waterproofing shall be rubbed, joints ground, and

concrete cured per manufactures recommendations. 17. Subcontractor is responsible for field verifying all floor drain elevations to ensure specified

drainage requirements prior to concrete placement and notify construction manager immediately of any documented inefficiencies.

18. Subcontractor is responsible for coordinating all control joints as shown on the structural drawings.

19. Grouting of steel column base plates per specifications.



20. Install all bollards installed in maintenance bays and concrete paving. Furnished under Package 0500.

21. Include installation of all embedded steel items that are supplied under package 0500. 22. Include installation of trench drains that are supplied in package 2200.



PROJECT COST BREAKDOWN

Bid Package 0300 – Concrete

If requested by the CM@R, provide an estimate price breakdown of the lump sum bid within twenty-four (24) hours. This

information is solely for evaluation purposes only during scope reviews and is not intended to be used as a

subcontractor’s schedule of values nor does this alleviate any potential errors in quantities made by the bidder during

the estimate. The full project scope is still required to be included within the bid proposal amount. The TOTAL PRICE

quoted shall be the full Base Bid amount for each Bid Package as defined by the Scope of Work and shall be broken down

as identified below. The itemized list below may not be all inclusive and additional items may be added as necessary to

equal the bid proposal amount.

COMPANY NAME:

Item No. Item Description Quantity Unit Amount

1 Staging and Logistics

1.01 Mobilization(s) 1 LS

2

2.01 Site Foundations CUYD

2.02 Building Foundations CUYD

2.03 Site/Courtyard Walls CUYD

2.04 Building Walls CUYD

2.05 Elevator Pit CUYD

2.06 Slab on Grade SQFT

2.07 Slab on Deck SQFT




Bid Package 0300 – Concrete

BID SUMMARY: Amount

1 Subtotal

2 Sales Tax on Materials Incorporated into the Project

3 Out of Town Living Expenses for Labor Crews (If Applicable)

TOTAL PRICE

Item No. UNIT PRICING Quantity Unit Amount



Bid Package – 0400 - Masonry



Section 04 20 00 UNIT MASONRY


Section 08 11 13 Hollow Metal Doors and Frames (Frame Installation in CMU)

In addition to the sections listed above, the Masonry Subcontractor should include the following:

1. T. A. Loving Company Bidding Manual - Complete. (NOTE: required scope is also mentioned under Section 3 “Requirements of Each Subcontractor”)

2. Provide resumes of all key personnel that will be responsible for the project. 3. This subcontractor will have an on-site superintendent to supervise his crews or 2nd tier

subcontractors when any work is taking place. This contractor is responsible for all unloading of materials provided by this package. Provide resume of key onsite personnel.

4. This contractor shall employ a full-time safety representative onsite that will supervise the work and scaffolding used to install this scope of work. This person shall be designated at the pre-construction meeting and can share the responsibility of superintendent, foreman, operator responsibilities while onsite. Provide CM all documentation and resume.

5. The construction manager will furnish control points via the foundation survey. The layout of masonry walls will be by the Masonry Subcontractor.

6. Provide any concrete embed anchors necessary for veneer installation to the concrete contractor for installation, coordinate layout.

7. Install all loose steel lintels. The structural steel supplier will supply loose lintels. 8. Supply and install all flashing and reinforcing steel within the masonry scope of work. 9. Install all hollow metal frames in masonry walls and grout in as required. The hollow metal frames

will be furnished by others. Grout must flow into both the frame and CMU wall construction. This shall be done in such a manner that all are tied together as one unit, and all hinge, strike preps, door mutes are to free of mortar and grout.

10. All CMU blockfill shall be included in this work package, lifts are per specification, no exceptions. 11. All necessary scaffolding and hoisting shall be included. All scaffolding and hoisting shall meet

current OSHA requirements and must use a daily checklist/tag system to be visible at all times. 12. Cleaning of all masonry and protect all adjacent fixtures/finishes during cleaning and thoroughly

wash any residue immediately with fresh water to prevent staining. 13. This contractor is responsible for any damages to other finishes. 14. Provide any and all firestopping at the tops of all masonry walls as specified or as shown on the

drawings.



15. Verify that weeps are clean and operable at end of project. Clean, repair and/or replace as necessary.

16. Provide wall protection from inclement weather as needed. 17. The masonry contractor will be responsible for protection of all installed glass from masonry/cast

stone activities. 18. Protect any and all adjacent surfaces from mortar droppings. 19. Structural steel contractor will provide all items embedded in masonry (except rebar) for

installation under this work package. 20. Attention is directed to the specifications that describe the 3rd party testing which is provided by

the owner. Coordinate with CM on scheduling the 3rd party testing agent and structural engineer. 21. Install all precast architectural concrete

22. Install all flashing and self-adhering sheet waterproofing membrane that directly comes in

contact with brick veneer or precast.

23. All cold and hot weather requirements are included. Subcontractor will be required to follow all

guidelines related to the protection of in place masonry and the condition under which masonry

work can proceed daily.

24. Masonry concrete fill/grout including vertical and horizontal cell fills, bond beams, vertical cells

at hollow metal frames, CMU below finished floor, foundation brick cavity, etc.

25. All brick and CMU expansion material, compressible fillers and control joint materials.

26. Masonry joint reinforcement including wall ties, dovetail anchors, wire-reinforcement, etc.

27. Coordinate all flashings with waterproofing sub-contractor.




Bid Package 0400 - Masonry








COMPANY NAME:




1.02 Layout/Staking 1 LS

1.03 Engineering/Design Services 1 LS

1.04 Misc. Staging and Logistics Items 1 LS

2 Brick Veneer

2.01 Brick Veneer Modular SF

SF

3 Concrete Masonry Units

3.01 4” CMU SF

3.02 8” CMU SF

3.03 12” CMU SF

4 Precast Concrete

4.01 Precast Concrete 1 LSUM

5 Misc. Items

5.01 Expansion Joints LF

5.02 Hollow Metal Frame Installation EA

5.03 Mock Up 1 LSUM

5.04




Bid Package 0400 - Masonry

BID SUMMARY: Amount

1 Subtotal


3 Bond Amount as Required by the Bid Documents


TOTAL PRICE




Bid Package – 0500 - Structural & Misc. Steel

The Structural Steel Subcontractor shall include all work within the following sections:


Section 051200 STRUCTURAL STEEL FRAMING

Section 052100 STEEL JOIST FRAMING

Section 053100 STEEL DECKING

Section 055000 METAL FABRICATIONS

Section 055119 METAL GRATING STAIRS

Section 055213 PIPE AND TUBE RAILINGS

In addition to the sections listed above, the Steel Subcontractor should include the following:


2. Provide resumes of all key personnel that will be responsible for the project. 3. Provide and remove all temporary safety rails at each floor perimeter. 4. Provide and install all miscellaneous supports and angles. This includes support for mechanical

opening shown on the mechanical sheets. 5. Provide all loose lintels as they pertaining to masonry. Turn over any lintels bear on masonry to

the mason for installation. 6. Provide all bollards as shown. Bollards are installed under Package BP0300. 7. Provide and embedded items in concrete to package 0300 for installation. Provide layout of

embeds. 8. Include structural steel at vehicle wash station canopy.




Bid Package 0500 – Structural & Misc. Steel








COMPANY NAME:




2 Structural Steel

2.01 Structural Steel TON

3 Decking

3.01 Composite Decking SF

4 Misc. Steel

4.01 Misc. Steel TON

Pan Filled Stairs FLTS

Stairway Handrails LNFT




Bid Package 0500 – Structural and Misc. Steel

BID SUMMARY: Amount

1 Subtotal




TOTAL PRICE




Bid Package – 0600 – Millwork



Section 06 41 16 PLASTIC-LAMINATE-CLAD ARCHITECTURAL CABINETS

Section 12 36 23.13 PLASTIC-LAMINATE-CLAD COUNTERTOPS

Section 12 36 61.16 SOLID SURFACING COUNTERTOPS

In addition to the sections listed above, this Subcontractor should include the following:


2. Provide resumes of all key personnel that will be responsible for the project. 3. Furnish and install all running and miscellaneous trim shown on the plans. 4. Caulk and seal any and all joints between millwork and dissimilar items. 5. Perform any and all required field measuring. 6. All wood nailers, plywood, and wood backing required as part of surface installations shall be

included. Provide blocking layout plans for all in wall blocking required by this package for others to supply and install.

7. Provide all any necessary vanity to support brackets. Coordinate with drywall subcontractor prior to hanging drywall.

8. Upon completion of the casework contractors work, this contractor shall provide construction cleaning of this scope of work to remove stickers, markings, stains, debris, sawdust, etc. and wipe clean all surfaces upon completion.

9. It should be understood that multiple mobilizations may be required to perform this scope of work and that all costs to perform the work in accordance with the project schedule has been included.

10. Provide protection of all countertops until final cleaning has begun. 11. Prior to installation, coordinate and prepare all cabinets for plumbing and electrical penetrations.




Bid Package 0600 – Finish Carpentry and Millwork








COMPANY NAME:




2 Architectural Wood work

2.01 Solid Surface Tops SSM-1 SF

2.02 Base Cabinet LNFT

2.03 Wall Cabinets LNFT

2.04 Shelving LNFT

2.05 Solid Surfacing SSM-1 – SSM-4 SF

2.06 Solid Surface Sill SSM-5 LNFT

2.07 Solid Surface Shower Stalls EA

2.08 Wood Base WD-1 LF

2.09 Stainless Steel Base SSB-1 LF

2.10 Exterior Siding M-20 SF

2.11 Exterior Soffit M-20 SF

2.12 Wood Paneling WD-1 SF

2.13 Wood Paneling WD-2

2.14 Wood Paneling WD-3

3 Misc.




Bid Package 0600 – Finish Carpentry and Millwork

BID SUMMARY: Amount

1 Subtotal




TOTAL PRICE




Bid Package – 0790 - Caulking and Waterproofing

The Caulking and Waterproofing Subcontractor shall include all work within the following sections:


Section 07 92 00 JOINT SEALANTS

Section 32 13 73 Concrete Paving Joint Sealants


Section 04 20 00 Unit Masonry

In addition to the sections listed above, the Caulking and Waterproofing Subcontractor should include the

following:




4. It should be understood that multiple mobilizations may be required to perform this scope of work and that all costs to perform the work in accordance with the project schedule has been included.

5. Provide and install any and all interior and exterior floor, wall and ceiling joints indicated on the plans including masonry, cast stone, and precast joints.

6. Joint sealants include all hollow metal door frames, all masonry control joints and concrete flatwork control joints (Interior and Exterior) as called out on the drawings and specification.




Bid Package 0790 – Caulking and Waterproofing








COMPANY NAME:







2 Waterproofing

2.01 Sheet Waterproofing SF

3 Caulking

3.01 Caulk Exterior Masonry and Precast LF

3.02 Caulk Exterior Concrete Joints LF

3.03 Bituminous Waterproofing SF

4 Misc.

4.01 Mock Up 1 LS




Bid Package 0790 – Caulking and Waterproofing

BID SUMMARY: Amount

1 Subtotal




TOTAL PRICE



Bid Package – 0800 – Turnkey Doors, Frames, Hardware and Access.



Section 08 11 13 HOLLOW METAL DOORS AND FRAMES

Section 08 14 16 FLUSH WOOD DOORS

Section 08 71 00 DOOR HARDWARE (DESCRIPTIVE SPECIFICATION)

Section 10 21 13.19 PLASTIC TOILET COMPARTMENTS

Section 10 28 00 TOILET, BATH, AND LAUNDRY ACCESSORIES

Section 10 44 13 FIRE PROTECTION CABINETS


1. T. A. Loving Company Bidding Manual - Complete. (NOTE: required scope is also mentioned

under Section 3 “Requirements of Each Subcontractor”)

2. Provide resumes of all key personnel that will be responsible for the project.

3. Remove all tape, stickers and adhesive from glazing.

4. Install all items provided within this scope of work.

5. This package shall have an onsite supervisor to oversee delivery and check in all materials as

well as to coordinate all material installations with this contractor’s installer.

6. Furnish hollow metal frames to the drywall contractor and masonry contractor for installation in

drywall and CMU partitions.

7. All frames furnished to others for installation shall be delivered to the individual floors that they

will be installed on.

8. Storefront hardware to be furnished by this sub-contractor and installed by the storefront subcontractor.

9. Coordinate with electrician on all electrified hardware. 10. Label all doors frames to correspond to doors. 11. Provide temporary cores as required. 12. Furnish and install fire extinguisher cabinets and extinguishers. 13. Furnish and install toilet partitions. 14. Furnish and install toilet accessories.




Bid Package 0800 – Turnkey Doors, Frames and Hardware








COMPANY NAME:




2 Hollow Metal

2.01 Hollow Metal Doors EA

2.02 HM Door Frames – Single EA

3 Wood & Plastic Doors

3.01 Flush Wood Doors EA

4 Finish Hardware

4.01 Hardware for HM Doors EA

4.02 Hardware for Wood Doors EA

4.03 Hardware for Aluminum Doors EA

4.04

5 Installation Labor

5.01 Door Installation Labor EA

5.02 Hardware Installation Labor EA

6 Misc.

6.01

6.02

6.03




Bid Package 0800 – Turnkey Doors, Frames and Hardware

BID SUMMARY: Amount

1 Subtotal




TOTAL PRICE



Bid Package – 0834 – Overhead Doors



Section 08 33 23 OVERHEAD COILING DOORS

Section 08 36 13 SECTIONAL DOORS



Section 06 10 00 MISCELLANEOUS ROUGH CARPENTRY (as it relates to this work

package)

In addition to the sections listed above, the Overhead Door Subcontractor should include the following:


2. Interior caulking of frames to adjacent walls. 3. Perform any and all required field measuring in a timely manner so as not to delay the scheduled

installation of the glass and frames.




Bid Package 0834 – Overhead Doors








COMPANY NAME:




2 Overhead Doors

2.01 SF

2.02 SF

2.03 SF

2.04 EA

4 Misc.

Hardware Installation LS




Bid Package 0834 – Overhead Doors

BID SUMMARY: Amount

1 Subtotal




TOTAL PRICE



Bid Package – 0840 - Glass & Glazing



Section 08 41 13 ALUMINUM-FRAMED ENTRANCES AND STOREFRONTS

Section 08 56 60 TRANSACTION WINDOWS

Section 08 80 00 GLAZING



Section 06 10 00 MISCELLANEOUS ROUGH CARPENTRY (as it relates to this work

package)

Section 08 71 11 DOOR HARDWARE (as it relates to prep work)

In addition to the sections listed above, the Glass & Glazing Subcontractor should include the following:


6. Interior caulking of frames to adjacent walls. 7. Perform any and all required field measuring in a timely manner so as not to delay the scheduled

installation of the glass and frames. 8. Upon completion of the glass and glazing contractors work, this contractor shall provide

construction cleaning of this scope of work to remove stickers, markings, stains, debris, etc. and wipe clean all surfaces upon completion.

9. Provide all glazing for doors and storefront. 10. Install hardware within the scope of this package. Hardware will be provided by Bid Package

0800. 11. Provide all caulk at windows. 12. Any water testing indicated is the responsibility of this package. 13. Include all wood blocking as required for installation of products in this package.




Bid Package 0840 – Glass and Glazing








COMPANY NAME:




2 Glazing Systems

2.01 Interior Storefront SF

2.02 Exterior Storefront SF

2.03 Curtainwall SF

2.04 Mirrors EA

2.05 Auto Operators EA

All Glass Storefront SF

Fire Resistive Joint System SF

Structural Glass Rail SF

3 Doors

3.02 Swinging Doors EA

4 Misc.

Hardware Installation LS




Bid Package 0840 – Glass and Glazing

BID SUMMARY: Amount

1 Subtotal




TOTAL PRICE



Bid Package – 0925 – Drywall Assemblies

The Drywall Subcontractor shall include all work within the following sections:


Section 05 40 00 COLD-FORMED METAL FRAMING

Section 07 21 00 THERMAL INSULATION

Section 09 22 16 NON-STRUCTURAL METAL FRAMING

Section 09 29 00 GYPSUM BOARD

Section 09 51 13 ACOUSTICAL PANEL CEILINGS


Section 06 10 53 MISCELLANEOUS ROUGH CARPENTRY

Section 06 16 00 SHEATHING

Section 07 84 13 PENETRATION FIRESTOPPING

Section 07 84 13 JOINT FIRESTOPPING

Section 08 11 13 HOLLOW METAL DOORS AND FRAME (Installation of frames in drywall)

In addition to the sections listed above, the Drywall Subcontractor should include the following:


2. Resumes are required for project manager, superintendent and 2nd tier sub foremen. 3. This subcontractor will have an on-site superintendent to supervise his crews or 2nd tier


4. Firestopping as required. Include firestopping anywhere drywall partitions are required to be sealed for smoke or fire rated walls. Include any firestopping with light gauge metal forming for details shown with walls adjacent to structural members. Penetrations that are required by other trades are to be sealed by the contractor requiring the penetration.

5. The drywall contractor shall provide all necessary labels above ceiling of drywall/metal stud walls as required by code or drawings.

6. Fire/Smoke signage at rated drywall partitions as required. If wall conditions occur where that wall rating changes designation during a straight run, paint strike a vertical line and install two labels on either side with arrows pointing in each direction.

7. Provide all required engineering of metal stud supports at no additional cost. Provide engineered calculations when required.

8. Provide finish levels indicated. 9. Install all hollow metal frames in drywall partitions. Frames will be supplied by the others.

Inventory all frames upon receipt for quantity and damage assessment. Frames are to be set initially plumb, level and square. Recheck frames following metal stud framing and gypsum wallboard installation, making adjustments as necessary.



10. Install all access panels in drywall walls and drywall ceilings as where shown that is required by other trades.

11. Apply all caulking and sealants to the edges of all drywall partitions as indicated. 12. Provide supplementary framing and blocking necessary for equipment, millwork, acoustical

ceilings, heavy trim, grab bars, toilet accessories, furnishings or similar construction. Any blocking required within walls that receive the air & moisture barrier and any walls that receive sprayed foam insulation must be installed prior to those activities. All blocking is required to be 2 X 6 material.

13. The drywall contractor will be responsible for delivery of their material to the applicable floor level and removal of all framing and drywall debris from each floor to the dumpster onsite every single day.

14. The drywall contractor shall be responsible for the protection of uninstalled drywall as it relates to storage on floors or near windows and replace damaged drywall as necessary. Do not store drywall directly on floor or near open windows.

15. The drywall contractor shall be responsible for the removal of all drywall mud on concrete floors on a daily basis.

16. Furnish and install all drywall ceilings and framing as indicated. 17. Furnish and install all wood blocking as it pertains to the exterior wall system 18. Furnish and install all in-wall batt insulation. 19. Furnish and install ¾” protection plywood detailed from 4’ a.f.f. to 8’ a.f.f. 20. Furnish and install acoustical ceilings and sound batts related to ceilings.




Bid Package 0925 - Drywall








COMPANY NAME:







2 GWB Assemblies

2.01 Exterior Wall System SF

2.02 Fluid Applied Air Barrier SF

2.03 Canopy Framing SF

2.04 Interior Partitions SF

2.05 Drywall Ceilings SF

2.06 Drywall Bulkheads SF

4 Misc. Items

4.01 Blocking & Carpentry Items 1 LS

4.02 Hollow Metal Frame Installation EA

4.03 Access Doors EA

4.04 Wall Sealants, Firesafing, Firestopping, Penetrations 1 LS

4.05 Wall Labeling 1 LS

4.06 Spray Foam Insulation

4.07 Column Covers EA




Bid Package 0925 - Drywall

BID SUMMARY: Amount

1 Subtotal




TOTAL PRICE


11 Access Door - Non Secure 6 EA

12 Access Door - Secure 6 EA



Bid Package – 0960 – Soft Flooring

The Flooring Subcontractor shall include all work within the following sections:


Section 09 65 13 RESILIENT BASE AND ACCESSORIES

Section 09 65 16 RESILIENT SHEET FLOORING

In addition to the sections listed above, the Flooring Subcontractor should include the following:


2. This subcontractor will have an on-site superintendent to supervise his crews or 2nd tier subcontractors when any work is taking place. This contractor is responsible for all unloading of materials provided by this package. Provide resume of key onsite personnel.

3. This contractor is responsible for typical providing floor leveling that may be required for installation of this scope of work. Floor leveling includes but is not limited to providing floor leveling compound, grinding and/or patching floor surfaces of all areas 1/4” per 10’-0” or less. Any areas that require excessive floor leveling above 1/4” per 10’-0” will be handled using unit pricing indicated on the breakdown below via a change order if required.

4. Include all transitions strips as noted on plan details, specifications as well as coordination with other adjacent flooring surfaces.




Bid Package 0960 – Soft Flooring








COMPANY NAME:




2 Carpet

2.01 CPT-1 SY

2.02 CPT-2 SY

2.03 CPT-3 SY

2.04 CPT-4 SY

2.05 CPT-5 SY

2.06 CPT-6 SY

2.07 CPT-7 SY

3 VCT

3.01 BBT-1 SF

3.02 VCT-1 SF

4 Resilient Base and Accessories

4.01 RB-1 LNFT

4.02 RB-2 LNFT

4.03 LNFT

5 Clean and Wax

5.01 Clean and Wax Floors SQFT




Bid Package 0960 – Soft Flooring

BID SUMMARY: Amount

1 Subtotal




TOTAL PRICE

Unit Pricing

Floor leveling in excess of ¼” in 10’ SQFT

Moisture Mitigation SQFT



Bid Package – 0990 - Painting

The Painting Subcontractor shall include all work within the following sections:


Section 09 91 13 EXTERIOR PAINTING

Section 09 91 23 INTERIOR PAINTING



In addition to the sections listed above, the Painting Subcontractor should include the following:



3. Provide all paint related caulking specifically at hollow metal frames and adjoining walls, millwork and wall joints, running trim and any surface applied items required to be painted. This includes all caulking of hollow metal frames, special door frames, etc. to the finish floor, finish floor wall base, and all wall corners, expansion and control joints, etc, as well as elevator frames, and recessed lights or access doors in hard ceilings; all with a color match caulk. Caulk all dissimilar materials to painted surfaces.

4. Paint exposed lintels to associated exterior color. 5. Protection of all adjacent finished surfaces or equipment during paint operations. 6. Painting of all piping, duct and conduit in exposed ceilings and in service/mechanical spaces as

specified. Include all field-applied painting, including that specified in Divisions 21 through 28. This also include all exposed fire sprinkler risers or piping.

7. Paint any surface not specifically mentioned to be painted in the Bid Documents but for which painting is typically necessary for a complete job, i.e. plywood panels in Electrical/Telecom rooms, etc.

8. This contractor accepts a surface to be painted once the first coat is applied. If additional preparatory work is required, coordinate with the CM prior to starting painting activities.

9. Owner stock material is to be stored until requested at closeout. Stock material shall not be stored in the building during construction.

10. Supply any and all task lighting necessary for painting. Temporary overhead lights will be installed by the electrical contractor; however, final lighting may not be in place when painting activities begin, temp power outlets will be provided within 100’ of all areas needing light. Final lighting will be energized prior to final coat and punchlist.

11. Include painting of exposed structural steel members. 12. Remove any temporary protection installed over sprinkler heads after area is painted. The

temporary protection will be installed by the sprinkler contractor.




Bid Package 0990 - Painting








COMPANY NAME:




2 Paint

2.01 Paint Interior Walls SF

2.02 Paint Interior Ceilings and Soffits SF

2.03 Paint Doors & Frames EA

2.04 Misc 1 LS

4 Wallcoverings

4.01 SY




Bid Package 0990 - Painting

BID SUMMARY: Amount

1 Subtotal




TOTAL PRICE



Bid Package – 1010 – Operable Partition



Section 10 22 39 FOLDING PANEL PARTITIONS








Bid Package – 2200 - Plumbing

The Plumbing Subcontractor shall include all work within the following sections:

T. A. Loving Bidders Manual Division 22 PLUMBING – Complete




Section 31 20 00 EARTH MOVING

In addition to the sections listed above, the Plumbing Subcontractor should include the following:


2. Provide resumes of all key personnel that will be responsible for the project. 3. Per “Section 3 - Requirements of Each Subcontractor; Item 14 – Coordination Drawings”; this

contractor is required to participate in coordination meetings with the other PME and structure trades hosted by T. A. Loving Company. Coordination shall be completed using dimensions of actual component sizes per approved submittals. Coordination drawings must be used for field installation and layout.


5. Final as-built drawings are required to be turned over to the Model Manager in CAD/Revit and PDF format for the development of final Project As-builts.

6. The plumbing contractor shall be responsible for the complete installation and adjustments of all floor drains, cleanouts and all required mounting hardware for such components.

7. All loading and moving of materials, fixtures, equipment to the floors by this contractor. 8. Include final tie in for roof drainage, water and sewer to site piping. 9. Verify all existing locations and inverts once uncovered prior to installing new work to eliminate

conflicts of elevations. Coordinate this work with CM. 10. Refer to the site plans for connection to and the rework of the sewer systems. Final connection

to said systems will be by the Plumbing Contractor. 11. All caulking of fixtures to dissimilar materials shall be included under this work package. Only

seasoned caulkgunners are to do this work. 12. Firesafing/stopping of penetrations required by and made by the plumbing contractor shall be

performed by the plumbing contractor. Fire-stop thru penetrations in rated walls must be labeled on the wall adjacent to the penetration.

13. Piping labeling, painting, jacketing all per specification, no exceptions. 14. Valve tags and labeling as specified.



15. Provide thermal wrapping of exposed piping for handicapped sinks. 16. Hangers and labels for plumbing systems to comply with codes. 17. Provide final connections to Owner furnished equipment. 18. Provide temporary protection on all equipment and fixtures until final completion. 19. This subcontractor understands all building finishes are to be protected by this Subcontractor to

perform work under this agreement. Subcontractor is responsible to protect surrounding substrates and finishes from work of this Scope.

20. This subcontractor understands ceiling grid is to be protected by this Subcontractor and this Subcontractor shall be responsible for costs to make any repairs or a portion thereof of unidentifiable damage caused jointly with other MEP trades.

21. All flushing and cleaning of all piping systems at the completion of the project. 22. This contractor is required to provide any temporary protections, covers, etc for any equipment

provided by this work package. This contractor is required for vacuuming out of debris, dust, etc. from within any equipment, drain pans, etc. that has been provided and installed by this work package. Final wiping down and removal of any foreign items or factory installed protective films on all equipment provided and installed by this package is also required for turn-over in a like new condition.

23. All floor penetrations required are by this contractor. 24. Provide and install all fixtures and equipment to provide for a complete operable plumbing

system. 25. Provide temporary water at location specified by CM 26. Coordinate all floor drain heights and locations with Tile Contractor. 27. Coordinate installation of trench drains with package 0300 – Concrete. 28. Include all pneumatic piping as detailed and setting of, and connection to owner furnished

compressor.




Bid Package 2200 - Plumbing








COMPANY NAME:






1.04 Misc. Staging and Logistics Items LS

2 General Items as applicable

2.01 Coordination/Record Drawings 1 LS

2.02 Scaffolding/Staging/Hoisting 1 LS

2.03 Coring/Sleeving/Firestopping 1 LS

2.04 Vibration Isolation and Seismic Restraint 1 LS

2.05 General Conditions/Overhead/Profit 1 LS

2.06 Temporary Plumbing 1 LS

2.07 Selective Demolition 1 LS

2.08 Valve Tags, Pipe Markers, and Charts 1 LS

3 Piping and Fittings as applicable

3.01 Domestic Water Piping LF

3.02 Non-Potable Water Piping System LF

3.03 Sanitary and Vent Piping System LF

3.04 Pump Discharge Piping System LF

3.05 Natural Gas Piping LF

3.06 Storm/Rainleader Piping System LF

4 Equipment as applicable

4.01 Cleanouts



4.02 Floor Drains

4.03 Mixing Valves

4.04 Hose Bibs

4.05 Roof Drains

4.06 Elevator Sump Pump System

4.07 Hot Water Circulation Pumps

4.08 Shower Drains

4.09 Water Heater

4.10 Wall Hydrants

5 Fixtures as applicable

5.01 Toilets

5.02 Lavatories

5.03 Drop In Sinks

5.04 Faucets for Integral Sinks

5.05 Shower Valves

5.06 Water Coolers

5.07 Mop Sinks

6 Insulation as applicable

6.01 Domestic Water Piping System

6.03 Horizontal Storm Piping System

7 Miscellaneous as applicable

7.01

7.02

7.03

7.04

7.05

8 Coordination Drawings

8.1 Coordination Drawings




Bid Package 2200 - Plumbing

BID SUMMARY: Amount

1 Subtotal




TOTAL PRICE




Bid Package – 2300 - HVAC

The HVAC Subcontractor shall include all work within the following sections:


Section 08 91 18 FIXED LOUVERS

Division 23 HVAC - Complete




In addition to the sections listed above, the HVAC Subcontractor should include the following:



contractor is required to participate in coordination meetings with the other PME&FP and structure trades hosted by T. A. Loving Company. Coordination shall be completed using dimensions of actual component sizes per approved submittals. Coordination drawings must be used for field installation and layout.



6. All loading and moving of materials, fixtures, equipment to the floors by this contractor. 7. All caulking of fixtures to dissimilar materials shall be included under this work package. Only

seasoned caulkgunners are to do this work. 8. Provide temporary protection on all equipment and fixtures until final completion. 9. This subcontractor understands all building finishes are to be protected by this Subcontractor to



11. Include new filters at time of turnover or per specifications. 12. Provide disconnect switches integral within the equipment so requiring. 13. The mechanical contractor shall furnish and install all low voltage wiring and make final

connections to the equipment as required for control using a licensed electrician.



14. Install all duct detectors as required provided by Electrical Contractor. All power and fire alarm relay by Electrical Contractor

15. The testing and balancing of the mechanical systems shall be included under this Bid Package.

16. Provide temporary weather protection on all roof curbs prior to the installation of the equipment on the curb.

17. Firesafing/stopping of penetrations required by and made by the HVAC contractor shall be performed by the HVAC contractor. Fire-stop thru penetrations in rated walls must be labeled on the wall adjacent to the penetration.

18. Provide final connections to any owner furnished equipment. 19. This contractor is required to provide any temporary protections, covers, etc for any equipment

provided by this work package. This contractor is required for vacuuming out of debris, dust, etc. from within any equipment, drain pans, etc. that has been provided and installed by this work package. Final wiping down and removal of any foreign items or factory installed protective films on all equipment provided and installed by this package is also required for turn-over in a like new condition.

20. Include vehicle exhaust system




Bid Package 2300 - HVAC








COMPANY NAME:








2.01 Coordination / Record Drawings 1 LS


2.03 Rigging 1 LS




2.07 Temporary HVAC, Temporary Filters 1 LS

2.08 Valve Tags, Pipe Markers, and Charts 1 LS

2.09 General Conditions/Overhead/Profit 1 LS

2.10 Final Filters, HEPA Filters, etc. 1 LS


3.01 Heating Water Piping System LF

3.02 Chilled Water Piping System LF

3.03 Condensate Drain Piping System LF

4 Ductwork & Accessories as applicable

4.01 Ductwork LB

4.02 Supply Diffusers EA



4.03 Return Grilles EA

4.04 Exhaust Registers EA

4.05 Linear Diffusers EA

4.06 Fire Dampers EA

4.07 Fire Smoke Dampers EA

5 Equipment as applicable

5.01 General Exhaust Fans EA

5.02 Misc. Fans EA

5.03 Air Handling Units EA

5.04 VAV/CAV Boxes EA

5.05 Fan Coil Units EA

5.06 Split Systems EA

6 Insulation as applicable

6.01 Pipe Insulation 1 LS

6.02 Duct Insulation 1 LS






Bid Package 2300 - HVAC

BID SUMMARY: Amount

1 Subtotal




TOTAL PRICE

Unit Pricing

8 CO2 Sensor 4 EA

9 Thermostat 4 EA



Bid Package – 2350 – Fluid Distribution System



Division 23 Fluid Distribution System


Section 07 84 13 Penetration Firestopping

In addition to the sections listed above, this subcontractor should include the following:


2. Per “Section 3 - Requirements of Each Subcontractor; Item 14 – Coordination Drawings”; this contractor is required to participate in coordination meetings with the other PME&FP and structure trades hosted by T. A. Loving Company. Coordination shall be completed using dimensions of actual component sizes per approved submittals. Coordination drawings must be used for field installation and layout.


4. Provide temporary protection on all equipment and fixtures until final completion.




Bid Package 2350 – Fluid Distribution System








COMPANY NAME:










2.03 Rigging 1 LS



2.09

2.10


3.01

3.02

3.03

3.04

3.05

3.06

3.07

3.08

3.09



3.10

3.11

3.12






Bid Package 2350 – Fluid Distribution System

BID SUMMARY: Amount

1 Subtotal




TOTAL PRICE

Unit Pricing



Bid Package – 2600 - Electrical

The Electrical Subcontractor shall include all work within the following sections:


Division 26 ELECTRICAL

Division 27 COMMUNICATION

Division 28 ELECTRONIC SAFETY AND SECURITY




In addition to the sections listed above, the Electrical Subcontractor should include the following:



contractor is required to participate in the meetings with the other PME&FP and structure trades hosted by T. A. Loving Company. Coordination shall be completed using dimensions of actual component sizes per approved submittals. Coordination drawings must be used for field installation and layout.



6. All caulking of fixtures to dissimilar materials shall be included under this work package. Only seasoned caulkgunners are to do this work.

7. Provide the temporary electrical service for construction as well as temporary lighting as specified in Section 3, “Requirement of Each Subcontractor”.

8. All loading and moving of materials, fixtures, equipment to the floors by this contractor. 9. Provide temporary protection on all equipment and fixtures until final completion. 10. This subcontractor understands all building finishes are to be protected by this Subcontractor to



12. Electrical contractor is responsible for all final equipment connections unless otherwise indicated.



13. This Contractor is required to furnish to the Mechanical Contractor for installation, all Duct Detectors shown or otherwise required by Code. Complete power wiring and fire alarm connections are by Electrical Contractor

14. Firesafing/stopping of penetrations required by and made by the electrical contractor shall be performed by the electrical contractor. Fire-stop thru penetrations in rated walls must be labeled on the wall adjacent to the penetration.

15. Include electrical work specified in other divisions/sections of the bid documents. This includes but is not limited to motor starters, low voltage wiring, equipment interlock wiring, lights and timers. Equipment connections for equipment supplied by other trades: (in the event that a connection is not clearly noted) the electrical contractor shall furnish and install all line side voltage wiring and conduit for all line and low voltage wiring and make final connections of any line voltage to the equipment.

16. For powering of equipment whether supplied by this package or by others, include all final electrical connections (120v or higher) from the junction box shown on the drawings to the actual equipment needing the power.

17. Hangers, platforms, vibration control; and labels for electrical system to comply with all prevailing codes.

18. Provide and install any fire rated plywood needed for telephone backboards and other backboards as required and/or indicated on the drawings behind electrical equipment or panels.

19. Repair damage to spray on fireproofing resulting from this scope of work. 20. Locate all underground utilities prior to beginning work, both public and private. This includes full

responsibility for all underground utilities, including repair of any damage occurring as a result of performance of the work. All one-call tickets will be called in by this subcontractor and a copy of each turned over to the CM for the project files.

21. This contractor is required to provide any temporary protections, covers, etc for any equipment provided by this work package. This contractor is required for vacuuming out of debris, dust, etc. from within any equipment, drain pans, etc. that has been provided and installed by this work package. Final wiping down and removal of any foreign items or factory installed protective films on all equipment provided and installed by this package is also required for turn-over in a like new condition. This includes cleaning debris, soils, stone, etc. from inside any manholes, hand hole boxes, pull boxes or other site related enclosures.




Bid Package 2600 - Electrical








COMPANY NAME:











2.04 Seismic Restraint 1 LS


2.06 Temporary Light and Power – Building 1 LS

2.07 Temporary Light and Power – Site 1 LS

3 Device and Branch Wiring as applicable

3.01 Receptacles EA

3.02 Quad Receptacles EA

3.03 Floor Boxes EA

3.04 Wire Mold EA

4 Mechanical Power and Wiring as applicable

4.01 VAV Connection EA

4.02 Pumps EA

4.03 AHU’s EA

4.04 Fan Coil Units EA



4.05 Exhaust Fans EA

4.06 Vacuum Pumps EA

4.07 Misc. Connections 1 LS

5 Distribution Equipment and Wiring as applicable

5.01 Switchboard EA

5.02 Distribution Panelboards EA

5.03 Lighting and Power Panelboards EA

5.04 Dry Type Transformers EA

6 Lighting and Switching as applicable

6.01 Light Fixtures LS

6.02 Site Lighting and Base EA

6.03 Vacancy Sensors EA

6.04 Dimmers EA

6.05 Switches EA

8 Fire Alarm as applicable

8.01 Strobe EA

8.02 Manual Pull Station EA

8.03 Smoke Detector, Heat Detector EA

8.04 Misc. Point EA

9 Tele/Data Infrastructure as applicable

9.01 Cable Tray EA

9.02 Box, Conduit and String EA

9.04 Telephone Backboard – Plywood EA

9.05 Intercommunication System 1 LS



11 Miscellaneous Items

11.1 LS




Bid Package 2600 - Electrical

BID SUMMARY: Amount

1 Subtotal




TOTAL PRICE

Unit Pricing

1 Exit Light with Battery Backup 4 EA

2 Exit Light Tied to Emergency System 4 EA

3 Smoke Detector 6 EA

4 Fire Alarm Horn 12 EA

5 Six Port Data Outlet 10 EA

6 20 Amp Duplex Receptacle 6 EA



Bid Package – 3400 – Site Work

The Site Work Subcontractor shall include all work within the following sections:

Division 01 General Requirements

Section 03 30 00 Concrete

Section 31 20 00 Earth Moving

Section 31 22 00 Trenching Backfilling Compaction

Section 32 12 16 Asphalt Paving

Section 32 13 13 Concrete Paving

Section 32 14 13 Precast Parking Bumper

Section 32 17 23 Pavement Markings

Section 32 91 00 Erosion and Pollution Control

Section 32 92 00 Turf and Grasses

Section 32 93 00 Plants

Section 33 05 00 Common Work Results for Utilities

Section 33 12 00 Water Utility Distribution Equipment

Section 33 21 10 Water Pipe and Pipe Fittings

Section 33 21 20 Water Valves

Section 33 21 30 Water Pipe Accessories

Section 33 31 00 Sanitary Sewer System

Section 33 41 00 Storm Sewer System

In addition to the sections listed above, the Site Work Subcontractor should include the following:

1. T. A. Loving Bidding Manual – Complete. (NOTE: required scope is also mentioned under Section 3 “Requirements of Each Subcontractor”)



4. Provide all unit prices relating to work in this package as listed on the subcontractor bid form found in the Project Requirements and Bidding Documents Manual.

5. All site layout shall be by the Site Work contractor. Layout shall be by a licensed professional surveyor, and hubs protected by this contractor. Provide a final As-Built Survey as required at project completion.

6. Portions of the site work may be phased and must be coordinated with the Construction Manager and the other prime contractors. Multiple mobilizations may be required as a result of the project phasing.



7. Include any necessary patching and repair for utility tie-in. 8. Protect adjacent curbs, trees, buildings, utilities, and other items to remain from damage. This

bid package shall replace any existing site components removed or damaged as a result of installation of this scope of work.

9. Locate all underground utilities prior to beginning work, both public and private. This includes full responsibility for all underground utilities, including repair of any damage occurring as a result of performance of the work. All one-call tickets will be called in by this subcontractor and a copy of each turned over to the CM for the project files.

10. Provide, install and maintain all temporary site related items as indicated to include but not limited to the following: silt fence, inlet protection, construction entrances, and tree protection, etc. as indicated and/or as required to comply with local jurisdictional standards. Submit weekly SWPPP reports to CM and after all significant rain events.

11. All erosion control measures are to be maintained for the duration of the project or until such time as they are no longer required and permanent seeding has been established.

12. This contractor shall rough grade the entire site prior to the installation of top spoils for sodded areas, seeded areas, and planting beds to remove any unwanted stone, debris, etc. which is not permitted to be left under planting or grassed areas.

13. Re-spreading and fine grading of all topsoil making the site ready for landscape & irrigation installations. If applicable, special blended topsoil will be provided and installed by this contractor. This contractor shall stockpile any soils stripped from this site to an approved onsite location until needed. On site storage limited. Accommodations for offsite storage as necessary shall be included.

14. Include all stone base detailed under concrete flatwork paving and pavers. 15. Any cleanouts and cleanout collars/covers for all utility piping installed by this contractor including

roof drain piping. 16. Dump fees or legal disposal for all site demolished items and soils by this contractor. This

includes unused spoils from foundation work. 17. Include all trench drains, yard inlets, etc. connecting to storm drain piping, coordinate install and

final grades with concrete paving and landscaping contractors. 18. Imported fill, if necessary, beyond what is available from cut/fill operations to achieve grades

indicated. 19. Stripped, unused soil will be disposed of offsite. 20. Provide storm drain inlet protection within the worksite

21. Provide and install all utilities per plan and specification.

22. The project requires minor landscape plantings. Include all landscape/plantings shown.




Bid Package 3400 - Sitework

Provide an estimate price breakdown of the lump sum bid within twenty-four (24) hours. This information is solely for

evaluation purposes during scope reviews and is not intended to be used as a subcontractor’s schedule of values nor

does this alleviate any potential errors in quantities made by the bidder during the estimate. The full project scope is still

required to be included within the bid proposal amount. The TOTAL PRICE quoted shall be the full Base Bid amount for

each Bid Package as defined by the Scope of Work and shall be broken down as identified below. The itemized list below

may not be all inclusive and additional items may be added as necessary to equal the bid proposal amount.

COMPANY NAME:



1.01 Mobilization(s) EA



1.04 Barricades and traffic control as required by sitework operations (including flagmen) if necessary

1 LS

1.05 Street clean-up required by sitework operations 1 LS

2 Site Clearing

2.01 Clear, Grubb & Misc AC

2.02 Strip and stockpile topsoil CY

2.03 Erosion Control 1 LS

2.04 Site Demolition

3 Grading

3.01 Cut CY

3.02 Fill CY

3.03 Import CY

3.04 Fine Grading SF

4 Utilities as applicable

4.01 Domestic Water LF

4.02 Fire Water LF

4.03 Hydrants, Fire Department Connections EA

4.04 Sanitary Sewer LF

4.05 Sanitary Structures EA

4.06 Storm Drainage LSUM

4.08 Backflow Preventer/Meters/Hotboxes EA

4.08 Subdrainage LSUM



5 Paving as applicable

5.01 Light Duty Asphalt Paving SY

5.02 Heavy Duty Asphalt Paving SY

5.03 Stone Base TON

5.04 Curb & Gutter LF

5.05 Lines, Stripes, Signs, Bumpers LF




Bid Package 3400 - Sitework

BID SUMMARY: Amount

1 Subtotal




TOTAL PRICE

Unit Pricing



Bid Package – 4100 – Bridge Crane

The Site Work Subcontractor shall include all work within the following sections:


Section 14 30 30 TOP RUNNING SINGLE GIRDER BRIDGE CRANE

In addition to the sections listed above, the Site Work Subcontractor should include the following:

1. T. A. Loving Bidding Manual – Complete. (NOTE: required scope is also mentioned under Section 3 “Requirements of Each Subcontractor”)


3. Include all components related to the bridge crane from the foundation up.

Attachment 1

SAMPLE SUBCONTRACT

1

T. A. LOVING COMPANY

SUBCONTRACT AGREEMENT

2

ARTICLE 1

AGREEMENT

This Subcontract Agreement (the "Agreement") is made this day of in the year , by and between the

CONTRACTOR

(Name and Address) T. A. Loving Company 400 Patetown Road Goldsboro, NC 27530 TEL: (919) 734-8400 FAX: (919) 731-7538 and the SUBCONTRACTOR (Name and Address)

for the services in connection with the

SUBCONTRACT WORK Furnishing of all labor, materials, equipment, supervision, insurance, specified taxes, necessary incidentals, tools, supplies, scaffolding, transportation, storage, plant/facilities, services, administration, notices and permits and all other things necessary for the construction and completion of the following described work which is included in the base bid and accepted Alternates in strict accordance with complete contract documents.

Work Category:

for the following PROJECT JOB:

whose OWNER is (Name and address) The ARCHITECT or ENGINEER (hereinafter called "Designer") for the Project is (Name and Address) The LIEN AGENT for the Project is (Name and Address) Subcontractor ____ shall _____shall not provide a payment bond with respect to the Subcontract Work. Subcontractor ____ shall ____ shall not provide a performance bond with respect to the Subcontract Work.

Notice to the parties shall be given at the above addresses.

3

ARTICLE 2

SCOPE OF WORK

2.1 SUBCONTRACT WORK The Contractor contracts with the Subcontractor as an independent contractor to provide all labor, materials, equipment and services necessary or incidental to complete the work described in Article 1 for the Project in accordance with, and reasonably inferable from, that which is indicated in the Subcontract Documents, and consistent with the Progress Schedule, as may change from time to time (the "Subcontract Work"). The Subcontractor shall perform the Subcontract Work under the general direction of the Contractor, strictly in accordance with the Subcontract Documents and to the full satisfaction of the Contractor.

2.2 CONTRACTOR’S WORK The Contractor’s work (the "Work") is the construction and services required of the Contractor to fulfill its obligations pursuant to its agreement with the Owner (the "Owner-Contractor Agreement"). The Subcontract Work is a portion of the Work.

2.3 SUBCONTRACT DOCUMENTS The Subcontract Documents include this Agreement, the Owner-Contractor Agreement, special conditions, general conditions, specifications, drawings, addenda, Subcontract Change Orders, amendments and any pending and exercised alternates. The Contractor shall make available to the Subcontractor, prior to the execution of the Subcontract Agreement, copies of the Subcontract Documents to which the Subcontractor will be bound. The Subcontractor similarly shall make copies of applicable portions of the Subcontract Documents available to its proposed subcontractors and suppliers. Nothing shall prohibit the Subcontractor from obtaining copies of the Subcontract Documents from the Contractor at any time after the Subcontract Agreement is executed. The Subcontract Documents also include the Exhibits set forth in Article 13. The Subcontractor represents and agrees that it has (i) carefully examined and understands the Subcontract Documents relevant to the Subcontract Work; (ii) adequately investigated the nature and conditions of the Project site and locality; (iii) familiarized itself with conditions affecting the difficulty of the Subcontract Work; and (iv) entered into this Agreement based on its own examination, investigation and evaluation and not in reliance upon any opinions or representation of the Contractor. The Subcontract Documents are to be treated by the Subcontractor as "scope" documents which indicate the general scope of work in terms of the Designer's design concept, the overall dimensions, the type of structural, mechanical, electrical, utility, and other systems, and an outline of major architectural elements. As "scope" documents, the Subcontract Documents do not necessarily indicate or describe all items required for the full performance and proper completion of the Subcontract Work. Subsequently issued documents may more completely detail certain requirements of the Subcontract Work. It is the intent of this Agreement that the Subcontractor is to furnish all items required for proper completion of the Subcontract Work. Subsequently issued documents may more completely detail certain requirements of the Subcontract Work, at the option of the Designer, for the purpose of further defining the Subcontract Work, but there is no obligation to issue such additional documents.

2.4 CONFLICTS In the event of a conflict between this Agreement and the other Subcontract Documents, the more stringent, as determined in the Contractor’s sole opinion, shall apply.

2.5 EXTENT OF AGREEMENT Nothing in this Agreement shall be construed to create a contractual relationship between persons or entities other than the Contractor and Subcontractor. This Agreement is solely for the benefit of the parties, represents the entire and integrated agreement between the parties, and supersedes all prior negotiations, representatives, or agreements, either written or oral.

2.6 DEFINITIONS .1 Wherever the term Progress Schedule is used in this Agreement, it shall be read as Project Schedule when that term is used in the Subcontract Documents. .2 Unless otherwise indicated, the term Day shall mean calendar day.

ARTICLE 3

SUBCONTRACTOR’S RESPONSIBILITIES 3.1 OBLIGATIONS The Contractor and Subcontractor are hereby mutually bound by the terms of this Agreement. To the extent the terms of the Owner-Contractor Agreement apply to the work of the Subcontractor, the Subcontractor hereby assumes toward the Contractor all the same obligations, rights, duties, and redress that the Contractor assumes toward the Owner and Designer under the Owner-Contractor Agreement. The Subcontractor specifically shall provide in its agreements with its subcontractors and suppliers that such subcontractors and suppliers shall be bound by all terms of this Agreement, the Owner-Contractor Agreement and the other Subcontract Documents which may apply to the work or materials which they provide to the Project, including, without limitation, the insurance requirements described in Article 9 of this Agreement. In the event of an inconsistency among the documents, the specific terms of this Agreement shall govern. 3.2 RESPONSIBILITIES The Subcontractor agrees to furnish its best skill and judgment in the performance of the Subcontract Work and to cooperate with the Contractor so that the Contractor may fulfill its obligations to the Owner. The

4

Subcontractor shall furnish all of the labor, materials, equipment, and services, including but not limited to, competent supervision, shop drawings, samples, tools, and scaffolding as are necessary for the proper performance of the Subcontract Work. The Subcontractor shall provide the Contractor a list of its proposed subcontractors and suppliers, and be responsible for taking field dimensions, providing tests, obtaining required permits related to the Subcontract Work and Affidavits, ordering of materials and all other actions as required to meet the Progress Schedule. The Subcontractor agrees to do all cutting and patching that comes in connection with the Subcontract Work. The Subcontractor agrees to obtain and pay for all permits, legal fees, and comply with all laws and ordinances, and governmental orders, rules regulations in any way connected with this Subcontract and the Subcontract Work. The Subcontractor agrees to pay all Federal, State and local taxes of every nature, applicable to the Subcontract Work, including without limitation, all federal and state payroll taxes, all social security and state unemployment taxes, and all required local, state or federal sales taxes. Further, the Subcontractor agrees to maintain and provide all necessary Sales Tax information to enable the Owner to file a claim for refund of Sales Tax paid on Subcontract materials.

3.3 INCONSISTENCIES AND OMISSIONS The Subcontractor shall make a careful analysis and comparison of the drawings, specifications, other Subcontract Documents and information furnished by the Owner relative to the Subcontract Work. Should the Subcontractor discover any errors, inconsistencies or omissions in the Subcontract Documents, the Subcontractor shall report such discoveries to the Contractor in writing within three (3) days. Upon receipt of notice, the Contractor shall instruct the Subcontractor as to the measures to be taken, and the Subcontractor shall comply with the Contactor’s instructions. If the Subcontractor fails to report any such errors, inconsistencies or omissions in the Subcontract Documents or performs work knowing it to be contrary to any applicable laws, statutes, ordinances, building codes, rules or regulations without notice to the Contractor and advance approval by appropriate authorities, including the Contractor, the Subcontractor shall assume appropriate responsibility for such work and shall bear all associated costs, charges, fees and expenses necessarily incurred to remedy the violation. Nothing in this paragraph 3.3 shall relieve the Subcontractor of responsibility for its own errors, inconsistencies and omissions.

3.4 SITE VISITATION Prior to performing any portion of the Subcontract Work, the Subcontractor shall conduct a visual inspection of the Project site to become generally familiar with local conditions and to correlate site observations with the Subcontract Documents. If the Subcontractor discovers any discrepancies between its site observations and the Subcontract Documents, such discrepancies shall be promptly reported to the Contractor.

3.5 INCREASED COSTS AND/OR TIME The Subcontractor may assert a Claim as provided in Article 7 if Contractor’s clarifications or instructions in responses to requests for information are believed to require additional time or costs. If the Subcontractor fails to perform the reviews and comparisons required in Paragraphs 3.3. and 3.4, above, to the extent the Contractor is held liable to the Owner because of the Subcontractor’s failure, the Subcontractor shall pay the costs and damages to the Contractor that would have been avoided if the Subcontractor had performed those obligations.

3.6 COMMUNICATIONS Unless otherwise provided in the Subcontract Documents and except for emergencies, Subcontractor shall direct all communications related to the Project to the Contractor.

SUBMITTALS

3.7.1 The Subcontractor promptly shall submit for approval to the Contractor all shop drawings, samples, product data, manufacturers’ literature and similar submittals required by the Subcontract Documents. The Subcontractor shall be responsible to the Contractor for the accuracy and conformity of its submittals to the Subcontract Documents. The Subcontractor shall prepare and deliver its submittals to the Contractor in a manner consistent with the Progress Schedule and in such time and sequence so as not to delay the Contractor or others in the performance of the Work. The approval of any Subcontractor submittal shall not be deemed to authorize deviations, substitutions or changes in the requirements of the Subcontract Documents unless express written approval is obtained from the Contractor and Owner authorizing such deviation, substitution or change. In the event that the Subcontract Documents do not contain submittal requirements pertaining to the Subcontract Work, the Subcontractor agrees upon request to submit in a timely fashion to the Contractor for approval any shop drawings, samples, product data, manufacturers’ literature or similar submittals as may reasonably be required by the Contractor, Owner or Designer. All submittals shall be due within ten (10) days of the Subcontractor's receipt of this Agreement, unless otherwise agreed to by both parties. 3.7.2 The Contractor, Owner, and Designer are entitled to rely on the adequacy, accuracy and completeness of any professional certifications required by the Subcontract Documents concerning the performance criteria of systems, equipment or materials, including all relevant calculations and any governing performance requirements.

3.8 DESIGN DELEGATION

3.8.1 If the Subcontract Documents (1) specifically require the Subcontractor to provide design services and (2) specify all design and performance criteria, the Subcontractor shall provide those design services necessary to satisfactorily complete the Subcontract Work. Design services provided by the Subcontractor shall be procured from licensed design professionals retained by the Subcontractor as permitted by the law of the place where the Project is located (the "Subcontractor's Designer"). The Subcontractor's Designer’s signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by the Subcontractor's Designer. Shop Drawings and other submittals related to the Subcontract Work designed or certified by the Subcontractor's Designer, if prepared by others, shall bear the Subcontractor’s and

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the Subcontractor's Designer’s written approvals when submitted to the Contractor. The Contractor shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by the Subcontractor's Designer. Further, the Subcontractor and each Subcontractor's Designer shall defend, indemnify and hold the Contractor harmless from and against any and all damage, injury, loss, liability or expense (including, but not limited to, attorney and expert witness fees and other costs of litigation) arising out of any errors or omissions in any design services provided by the Subcontractor or any Subcontractor's Designer with respect to this Agreement. The Subcontractor specifically shall include this indemnity obligation and the professional liability insurance obligations described in Paragraph 9.2.3 in its agreement with each Subcontractor's Designer. 3.8.2 If the Subcontractor's Designer is an independent professional, the design services shall be procured pursuant to a separate agreement between the Subcontractor and the Subcontractor's Designer. The Subcontractor's Designer agreement shall not provide for any limitation of liability or exclusion from participation in the multiparty proceedings requirements of Paragraph 11.4. The Subcontractor's Designer(s) is (are) N/A. The Subcontractor shall notify the Contractor in writing if it intends to change the Subcontractor's Designer. The Subcontractor shall be responsible for conformance of its design with the information given and the design concept expressed in the Subcontract Documents. The Subcontractor shall not be responsible for the adequacy of the performance or design criteria required by the Subcontract Documents. 3.8.3 The Subcontractor shall not be required to provide design services in violation of any applicable law. TEMPORARY SERVICES Subcontractor’s responsibilities for temporary services are set forth in Exhibit E, if applicable. 3.10 COORDINATION The Subcontractor shall: .1 cooperate with the Contractor and all others whose work may interface with the Subcontract Work; .2 specifically note and immediately advise the Contractor of any such interface with the Subcontract Work. .3 participate in the preparation of coordination drawings and work schedules in areas of congestion. 3.11 SUBCONTRACTOR’S REPRESENTATIVE The Subcontractor shall designate a person, subject to Contractor’s approval, who shall be the Subcontractor’s authorized representative. This representative shall be the only person to whom the Contractor shall issue instructions, orders or directions, except in an emergency and such representative shall have the authority to act on behalf of the Subcontractor with respect to this Agreement. The Subcontractor’s representative is _______________________________________, who is agreed to by the Contractor. 3.12 TESTS AND INSPECTIONS The Subcontractor shall schedule all required tests, approvals and inspections of the Subcontract Work at appropriate times so as not to delay the progress of the work. The Subcontractor shall give proper written notice to all required parties of such tests, approvals and inspections. The Subcontractor shall bear all expenses associated with tests, inspections and approvals required of the Subcontractor by the Subcontract Documents which, unless otherwise agreed to, shall be conducted by an independent testing laboratory or entity approved by the Contractor and Owner. Required certificates of testing, approval or inspection shall, unless otherwise required by the Subcontract Documents, be secured by the Subcontractor and promptly delivered to the Contractor. 3.13 CLEANUP 3.13.1 The Subcontractor shall at all times during its performance of the Subcontract Work keep the Work site clean and free from debris resulting from Subcontract Work. Prior to discontinuing the Subcontract Work in an area, the Subcontractor shall clean the area and remove all its rubbish and its construction equipment, tools, machinery, waste, and surplus materials. Subcontractor shall make provisions to minimize and confine dust and debris resulting from its construction activities. The Subcontractor shall not be held responsible for unclean conditions caused by others. 3.13.2 If the Subcontractor fails to commence compliance with cleanup duties within forty-eight (48) hours after written notification from the Contractor of non-compliance, the Contractor may implement appropriate cleanup measures without further notice and the cost thereof shall be deducted from any amounts due to or to become due the Subcontractor.

3.13.3 In the event a dispute arises among the Subcontractor and any others as to the responsibility for such cleanup, the Contractor may perform the cleanup and allocate the cost among the parties responsible for keeping the premises and surrounding area free from accumulation of waste materials or rubbish as described in Subparagraph 3.13.2. The allocation thus made by the Contractor shall be binding on the Subcontractor.

3.13.4 In addition to cleaning requirements stipulated above, the Subcontractor shall, in preparation for final cleaning necessary for substantial completion or occupancy, leave all work cleaned and free of debris, stickers and other foreign matters from all exposed surfaces.

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3.14 SAFETY 3.14.1 The Subcontractor is required to perform the Subcontract Work in a safe and reasonable manner. The Subcontractor shall seek to avoid injury, loss or damage to persons or property by taking reasonable steps to protect: .1 employees and other persons at the site; .2 materials and equipment stored at the site or at offsite locations for use in performance of the Work; and .3 all property and structures located at the site and adjacent to work areas, whether or not said property or structures are part of the Project or involved in the Work. 3.14.2 The Subcontractor shall give all required notices and comply with all applicable rules, regulations, orders and other lawful requirements established to prevent injury, loss or damage to persons or property. 3.14.3 The Subcontractor shall implement appropriate safety measures pertaining to the Subcontract Work and the Project, including establishing safety rules, posting appropriate warnings and notices, erecting safety barriers, and establishing proper notice procedures to protect persons and property at the site and adjacent to the site from injury, loss or damage. 3.14.4The Subcontractor shall exercise extreme care in carrying out any of the Subcontract Work which involves explosive or other dangerous methods of construction or hazardous procedures, materials, or equipment. The Subcontractor shall use properly qualified individuals or entities to carry out the Subcontract Work in a safe and reasonable manner so as to reduce the risk of bodily injury or property damage. 3.14.5 Damage or loss not insured under property insurance which may arise from the performance of the Subcontract Work, to the extent of the negligence attributed to such acts or omissions of the Subcontractor, or anyone for whose acts the Subcontractor may be liable, shall be promptly remedied by the Subcontractor. Damage or loss attributable to the acts or omissions of the Contractor and not to the Subcontractor shall be promptly remedied by the Contractor. 3.14.6 The Subcontractor is required to designate an individual at the site in the employ of the Subcontractor who shall act as the Subcontractor’s designated safety representative with a duty to prevent accidents. Unless otherwise identified by the Subcontractor in writing to the Contractor, the designated safety representative shall be the Subcontractor’s project superintendent. 3.14.7 The Subcontractor has an affirmative duty not to overload the structures or conditions at the site and shall take reasonable steps not to load any part of the structures or site so as to give rise to an unsafe condition or create an unreasonable risk of bodily injury or property damage. The Subcontractor shall have the right to request, in writing, from the Contractor loading information concerning the structures at the site. 3.14.8 The Subcontractor shall give prompt notice to the Contractor of any accident involving bodily injury requiring a physician’s care, any property damage exceeding Five Hundred Dollar ($500.00) in value, or any failure that could have resulted In serious bodily injury, whether or not such an injury was sustained. 3.14.9 Prevention of accidents at the site is the responsibility of the Contractor, Subcontractor, and all other subcontractors, persons and entities at the site. Establishment of a safety program by the Contractor shall not relieve the Subcontractor or other parties of their safety responsibilities. The Subcontractor shall establish its own safety program implementing safety measures, policies, standards conforming to those required or recommended by governmental and quasi-governmental authorities having jurisdiction and by the Contractor and Owner, including, but not limited to, requirements imposed by the Subcontract Documents. The Subcontractor shall comply with the reasonable recommendations of insurance companies having an interest in the Project, and shall stop any part of the Subcontract Work which the Contractor deems unsafe until corrective measures satisfactory to the Contractor shall have been taken. The parties acknowledge that such information or direction does not constitute interference by Contractor with Subcontractor’s means and methods of providing and enforcing safe working practices for the Subcontract Work. The Contractor’s failure to stop the Subcontractor’s unsafe practices shall not relieve the Subcontractor of the responsibility thereof. The Subcontractor shall retain sole responsibility, to the fullest extent permitted by law, for the safety of its employees in performance of the Subcontract Work. By establishing a Project site safety program and its mandatory application to the Subcontractor under the terms of this Agreement, the Contractor does not create any joint responsibility with Subcontractor for the safety of the Subcontractor’s employees. The Subcontractor shall notify the Contractor immediately following an accident and promptly confirm the notice in writing. A detailed written report shall be furnished if requested by the Contractor. The Subcontractor shall defend, indemnify and hold the Contractor and Owner harmless from and against fines or penalties imposed as a result of safety violations, but only to the extent that such fines or penalties are caused by its failure to comply with applicable safety requirements.

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3.15 PROTECTION OF THE WORK The Subcontractor shall take necessary precautions to properly protect the Subcontract Work and the work of others from damage caused by the Subcontractor’s operations. Should the Subcontractor cause damage to the Work or property of the Owner, the Contractor or others, the Subcontractor shall promptly remedy such damage to the satisfaction of the Contractor, or the Contractor may remedy the damage and deduct its cost from any amounts due or to become due the Subcontractor, unless such costs are recovered under applicable property insurance.

3.16 PERMITS, FEES, LICENSES AND TAXES The Subcontractor shall give timely notices to authorities pertaining to the Subcontract Work, and shall be responsible for all permits, fees, licenses, assessments, inspections, testing and taxes necessary to complete the Subcontract Work in accordance with the Subcontract Documents. To the extent reimbursement is obtained by the Contractor from the Owner under the Owner-Contractor Agreement, the Subcontractor shall be compensated for additional costs resulting from taxes enacted after the date of this Agreement.

3.17 ASSIGNMENT OF SUBCONTRACT WORK The Subcontractor shall not assign, transfer, or otherwise dispose of this Agreement or any part thereof including all or any portion of the Subcontract Work; nor assign any monies due or to become due hereunder, except with the prior written consent of the Contractor. Any assignment of this Agreement consented to by the Contractor shall not operate to relieve the Subcontractor of its primary responsibility to the Contractor for the due and full performance hereof, and the Subcontractor shall be liable to the Contractor for all acts and omission of the Subcontractor’s subcontractors and assignees.

3.18 HAZARDOUS MATERIALS To the extent that the Contractor has rights or obligations under the Owner-Contractor Agreement or by law regarding hazardous materials as defined by the Subcontract Document within the scope of the Subcontract Work, the Subcontractor shall have the same rights or obligations.

3.19 SAFETY DATA SHEETS (SDS) For the materials or substances necessary for the performance of the Subcontract Work, the Subcontractor shall submit to the Contractor all Safety Data Sheets (SDS) that comply with the Global Harmonization System (GHS). SDS sheets obtained by the Contractor from other subcontractors or sources shall be made available to the Subcontractor by the Contractor.

3.20.1 PROJECT SAFETY PROGRAM The Subcontractor is required to develop a project specific safety program for the Subcontract Work. The Subcontractor is further required to conduct frequent and regular inspections by a competent person at the job site for compliance with the safety program and all OSHA regulations. The Subcontractor agrees to indemnify, save harmless, and defend the Contractor from any and all manner of claims, liabilities or actions, including all costs and attorney fees, for any failure by the Subcontractor to comply with all safety programs and OSHA regulations, including but not limited to a project specific safety program.

3.20.2 LAYOUT RESPONSIBILITY AND LEVELS The Contractor shall establish principal axis lines of the building and site, and benchmarks. The Subcontractor shall lay out and be strictly responsible for the accuracy of the Subcontract Work and for any loss or damage to the Contractor or others by reason of the Subcontractor’s failure to lay out or perform Subcontract Work correctly. The Subcontractor shall exercise prudence so that the actual final conditions and details shall result in alignment of finish surfaces. 3.21 WARRANTIES The Subcontractor warrants the Subcontract Work shall be performed in a workmanlike manner and that all material and equipment furnished under this Agreement shall be new, unless otherwise specified, of good quality, in conformance with the Subcontract Documents, and free from defective workmanship and materials. Warranties shall commence on the later of the date of Substantial Completion of the Subcontract Work or a designated portion or as is otherwise provided in the Subcontract Documents. 3.22 UNCOVERING/CORRECTION OF SUBCONTRACT WORK 3.22.1 UNCOVERING OF SUBCONTRACT WORK 3.22.1.1 If required in writing by the Contractor, the Subcontractor must uncover any portion of the Subcontract Work which has been covered by the Subcontractor in violation of the Subcontract Documents or contrary to a directive issued to the Subcontractor by the Contractor. Upon receipt of a written directive from the Contractor, the Subcontractor shall uncover such work for the Contractor’s or Owner’s inspection and restore the uncovered Subcontract Work to its original condition at the Subcontractor’s time and expense. 3.22.1.2 The Contractor may direct the Subcontractor to uncover portions of the Subcontract Work for inspection by the Owner or Contractor at any time. The Subcontractor is required to uncover such work whether or not the Contractor or Owner had requested to inspect the Subcontract Work prior to it being covered. Except as provided in Clause 3.22.1.1, this Agreement shall be adjusted by change order for the cost and time of uncovering and restoring any work which is uncovered for inspection and proves to be installed in accordance with the Subcontract Documents, provided the Contractor had not previously instructed the Subcontractor to leave the work uncovered. If the Subcontractor uncovered work pursuant to a directive issued by the Contractor, and such work upon inspection does not comply with the Subcontract Documents, the Subcontractor shall be responsible for all costs and time of uncovering, correcting and restoring the work so as to make it conform to the Subcontract Documents. If the

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Contractor or some other entity for which the Subcontractor is not responsible caused the nonconforming condition, the Contractor shall be required to adjust this Agreement by change order for all such costs and time. 3.22.2 CORRECTION OF WORK If the Designer or Contractor rejects the Subcontract Work or the Subcontract Work is not in conformance with the Subcontract Documents, the Subcontractor shall promptly correct the Subcontract Work whether it had been fabricated, installed or completed. The Subcontractor shall be responsible for the costs of correcting such Subcontract Work, any additional testing, inspections, and compensation for services and expenses of the Designer and Contractor made necessary by the defective Subcontract Work. 3.22.2.1 In addition to the Subcontractor’s obligations under Paragraph 3.21, the Subcontractor agrees to promptly correct, after receipt of a written notice from the Contractor, all Subcontract Work performed under this Agreement which proves to be defective in workmanship or materials within a period of one year from the date of Substantial Completion of the Subcontract Work or for a longer period of time as may be required by specific warranties in the Subcontract Documents. Substantial Completion of the Subcontract Work, or of a designated portion, occurs on the date which the later of Substantial Completion as defined in the Subcontract Documents or when construction is sufficiently complete in accordance with the Subcontract Documents so that the Owner can occupy or utilize the Project, or a designated portion, for the use for which it is intended. If, during the one-year period, the Contractor fails to provide the Subcontractor with prompt written notice of the discovery of defective or nonconforming Subcontract Work, the Contractor shall neither have the right to require the Subcontractor to correct such Subcontract Work nor the right to make claim for breach of warranty. If the Subcontractor fails to correct defective or nonconforming Subcontract Work within a reasonable time after receipt of notice from the Contractor, the Contractor may correct such Subcontract Work pursuant to Subparagraph 10.1.1. If Subcontractor does not remove and replace the defective Subcontract Work within a reasonable time, Contractor may remove and replace the same at the expense of the Subcontractor. 3.22.3 The Subcontractor’s correction of Subcontract Work pursuant to this Paragraph 3.22 shall not extend the one-year period for the correction of Subcontract Work, unless otherwise required by the Subcontract Documents, but if Subcontract Work is first performed after Substantial Completion, the one-year period for corrections shall be extended by the time period after Substantial Completion and the performance of that portion of Subcontract Work. The Subcontractor’s obligation to correct Subcontract Work within one year as described in this Paragraph 3.22 does not limit the enforcement of Subcontractor’s other obligations with regard to the Agreement and the Subcontract Documents. 3.22.4 If the Subcontractor’s correction or removal of Subcontract Work destroys or damages completed or partially completed work of the Owner, the Contractor or any separate contractors, the Subcontractor shall be responsible for the cost of correcting such destroyed or damaged construction. 3.22.5 If portions of Subcontract Work which do not conform with the requirements of the Subcontract Documents are neither corrected by the Subcontractor nor accepted by the Contractor, the Subcontractor shall remove such Subcontract Work from the Project site if so directed by the Contractor. 3.23 MATERIALS OR EQUIPMENT FURNISHED BY OTHERS In the event the scope of the Subcontract Work includes installation of material or equipment furnished by others, it shall be the responsibility of the Subcontractor to exercise proper care in receiving, handling, storing and installing such items, unless otherwise provided in the Subcontract Documents. The Subcontractor shall examine the items provided and report to the Contractor in writing any items it may discover that do not conform to requirements of the Subcontract Documents. The Subcontractor shall not proceed to install non-conforming items without further instructions from the Contractor. Loss or damage due to acts or omissions of the Subcontractor shall be deducted from any amounts due or to become due the Subcontractor. 3.24 SUBSTITUTIONS No substitutions shall be made in the Subcontract Work unless permitted in the Subcontract Documents, and only upon the Subcontractor first receiving all approvals required under the Subcontract Documents for substitutions. All additional costs associated with the substitution shall be borne by the Subcontractor including but not necessarily limited to Architect and Engineer review fees and impact costs incurred by other subcontractors. 3.25 USE OF CONTRACTOR’S EQUIPMENT The Subcontractor, its agents, employees, subcontractors or suppliers shall use the Contractor’s equipment only with the express written permission of the Contractor’s designated representative and in accordance with the Contractor’s terms and conditions for such use. If the Subcontractor or any of its agents, employees, subcontractors or suppliers utilized any of the Contractor’s equipment, including machinery, tools, scaffolding, hoists, lifts or similar items owned, leased or under the control of the Contractor, the Subcontractor shall defend, indemnify and be liable to the Contractor as provided in Article 9 for any loss or damage (including bodily injury or death) which may arise from such use, except to the extent that such loss or damage is caused by the negligence of the Contractor’s employees operating the Contractor’s equipment. 3.26 WORK FOR OTHERS Until final completion of the Subcontract Work, the Subcontractor agrees not to perform any work directly for the Owner or any tenants, or deal directly with the Owner’s representatives in connection with the Subcontract Work, unless otherwise approved in writing by the Contractor.

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3.27 SUBCONTRACT BONDS Unless waived by the Contractor in writing, the Subcontractor shall furnish to the Contractor, as the named Obligee, appropriate surety bonds to secure the faithful performance of the Subcontract Work and to satisfy all subcontractor payment obligations related to Subcontract Work. 3.27.2 If a performance or payment bond, or both, are required of the Subcontractor under this Agreement, the bonds shall be by a surety mutually agreeable to the Contractor and the Owner, and in the full amount of the Subcontract Amount, unless otherwise specified. Unless otherwise provided in the Subcontract Documents or elsewhere in this Agreement, bonds shall be issued on the forms provided in Exhibit K. 3.27.3 The Subcontractor shall be reimbursed for the cost of any required performance or payment bonds simultaneously with the first progress payment. The reimbursement amount for the subcontractor bonds shall not exceed actual cost of bond, which sum is included in the Subcontract Amount. 3.27.4 In the event the Subcontractor shall fail to promptly provide any required bonds, the Contractor may terminate this Agreement and enter into a subcontract for the balance of the Subcontract Work with another subcontractor. All Contractor costs and expenses incurred by the Contractor as a result of said termination shall be paid by the Subcontractor. 3.28 SYSTEMS AND EQUIPMENT STARTUP With the assistance of the Owner’s maintenance personnel and the Contractor, the Subcontractor shall direct the check-out and operation of systems and equipment for readiness, and assist in their initial startup and the testing of the Subcontract Work. 3.29 COMPLIANCE WITH LAWS The Subcontractor agrees to be bound by, and at its own costs comply with, all federal, state and local laws, ordinances and regulation (the Laws) applicable to the Subcontract Work, including but not limited to, equal employment opportunity, minority business enterprise, women’s business enterprises, disadvantaged business enterprise, safety and all other Laws with which the Contractor must comply. The Subcontractor shall be liable to the Contractor and the Owner for all loss, cost and expense attributable to any acts of commission or omission by the Subcontractor, its employees and agents resulting from the failure to comply with Laws, including, but not limited to any fines, penalties or corrective measures.

3.30 CONFIDENTIALITY To the extent the Owner-Contractor Agreement provides for the confidentiality of any of the Owner’s proprietary or otherwise confidential information disclosed in connection with the performance of this Agreement, the Subcontractor is equally bound by the Owner’s confidentiality requirements.

3.31 ROYALTIES, PATENTS AND COPYRIGHTS The Subcontractor shall pay all royalties and license fees which may be due on the inclusion of any patented or copyrighted materials, methods or systems, selected by the Subcontractor and incorporated in the Subcontract Work. The Subcontractor shall defend, indemnify and hold the Contractor and Owner harmless from all suits or claims for infringement of any patent rights or copyrights arising out of such selection. The Subcontractor shall be liable for all loss, including all costs, expenses, and attorneys’ fees, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Subcontract Documents. However, if the Subcontractor has reason to believe that a particular design, process or product required by the Subcontract Documents is an infringement of a patent, the Subcontractor shall promptly furnish such information to the Contractor or be responsible to the Contractor and Owner for any loss sustained as a result.

3.32 LABOR RELATIONS To the fullest extent permitted by applicable law, the Subcontractor agrees to comply with and to be bound by any labor agreements executed by the Contactor and applicable to the Subcontract Work under this Agreement. Should Subcontractor’s Work be stopped or interfered with by reason of strikes, picketing or other disputes, the Subcontractor shall immediately resolve such dispute and terminate all such work stoppage and interference. Any failure by the Subcontractor to comply with such labor agreements or to terminate such stoppage or interference shall constitute a default of this Agreement pursuant to Article 10 of this Agreement. 3.33 ABSENCE OF LIENS The Subcontractor agrees to perform the Subcontract Work and transfer finished work product to the Contractor in good condition free and clear from all claims, encumbrances, patent, royalties and liens growing out of the performance of this Agreement. If any person or entity employed directly or indirectly by the Subcontractor should file any lien against the real property upon which the Subcontract Work is being constructed, or improvements thereon, or funds due to the Contractor from the Owner or lien claimant from the Subcontractor, the Subcontractor shall cause said lien to be removed or shall post a bond acceptable to the Contractor to remove said lien. The Subcontractor shall be responsible and liable for all damages and expenses, including but not limited to bond premiums and attorney fees incurred by the Contractor to discharge and/or defend against same. The existence of any encumbrance shall preclude the Subcontractor’s right to receive payment until such encumbrance has been satisfied and removed. The Subcontractor shall, as often as requested in writing by the Owner or by the Contractor, provide to the Contractor a sworn statement of persons furnishing labor or materials to the Subcontractor or its subcontractors, giving their names and what amount, if any, is due or shall be due to each.

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ARTICLE 4

CONTRACTOR’S RESPONSIBILITIES 4.1 CONTRACTOR’S REPRESENTATIVE The Contractor shall designate a person who shall be the Contractor’s authorized representative. The Contractor’s representative shall be the only person the Subcontractor shall look to for instructions, orders and/or directions, except in an emergency. 4.2 PAYMENT BOND REVIEW The Contractor (____has ____ has not) provided the Owner a payment bond. The Contractor’s payment bond, if any, shall be made available by the Contractor for review and copying by the Subcontractor. INFORMATION OR SERVICES The Subcontractor is entitled to request through the Contractor any information or services relevant to the performance of the Subcontract Work which is under the Owner’s control. To the extent the Contractor receives such information and services, the Contractor shall provide them to the Subcontractor. The Contractor, however, does not warrant the accuracy of completeness of the information provided by the Owner. 4.4 STORAGE AREAS The Contractor shall allocate adequate storage areas, if available, for the Subcontractor’s materials and equipment during the course of the Subcontract Work. 4.5 TIMELY COMMUNICATIONS The Contractor shall transmit to the Subcontractor, with reasonable promptness, all submittals, transmittals, and written approvals relative to the Subcontract Work. Unless otherwise specified in the Subcontract Documents, communications by and with the Subcontractor’s subcontractors, materialmen and supplier shall be through the Subcontractor.

ARTICLE 5

PROGRESS SCHEDULE 5.1 TIME IS OF THE ESSENCE Time is of the essence for both parties. They mutually agree to see to the performance of their respective obligations so that the entire Project may be completed in accordance with the Subcontract Documents and particularly the Progress Schedule as set forth in Exhibit H, if applicable. The Subcontractor agrees to commence and complete the Subcontract Work according to the Progress Schedule. No extension of time of performance shall be recognized by the Contractor without its written consent. Further, the Subcontractor agrees that it shall be liable for all of the Contractor's losses and damages resulting from the Subcontractor's delays, including, without limitation, any liquidated damages which may arise out of the Owner-Contractor Agreement. The Subcontractor hereby agrees that the Contractor shall have the right to withhold such damages from any amount owed by the Contractor to the Subcontractor under this Agreement or otherwise. The Contractor has the right to direct the manner in which the Subcontractor performs the Subcontract Work. The Subcontractor shall proceed with the performance of the Subcontract Work at such time and in such sequence as the Contractor may direct and/or as required by the Contractor's Progress Schedule, which may be updated and revised from time to time by the Contractor as working conditions require, including overtime or shift work performance, as necessary. If overtime or additional shifts are required solely to accelerate Project completion through no fault of the Subcontractor, it must be authorized in writing prior to such acceleration effort. Payments due may be withheld to insure timely progress and completion of the Subcontract Work. 5.2 SCHEDULE OBLIGATIONS The Subcontractor shall provide the Contractor with any scheduling information proposed by the Subcontractor for the Subcontract Work. In consultation with the Subcontractor, the Contractor shall prepare the schedule for performance of the Work (the Progress Schedule) and shall revise and update such schedule, as necessary, as the Work progresses. The Subcontractor shall be bound by the Progress Schedule. The Progress Schedule and all subsequent changes and additional details shall be submitted to the Subcontractor promptly and reasonably in advance of the required performance. The Contractor shall have the right to determine and, if necessary, change the time, order and priority in which the various portions of the Work shall be performed and all other matters relative to the Subcontract Work. 5.3 DELAYS AND EXTENSION OF TIME 5.3.1 OWNER CAUSED DELAY Subject to Subparagraph 5.3.2, if the commencement and/or progress of the Subcontract Work is delayed without the fault or responsibility of the Subcontractor, the time for the Subcontract Work shall be extended by Subcontract Change Order to the extent obtained by the Contractor under the Subcontract Documents, and the Progress Schedule shall be revised accordingly. 5.3.2 CLAIMS RELATING TO OWNER The Subcontractor agrees to initiate all claims for which the Owner is or may be liable in the manner and within the time limits provided in the Subcontract Documents for like claims by the Contractor upon the Owner and in sufficient time for the Contractor to initiate such claim against the Owner in accordance with the Subcontract Documents. At the Subcontractor’s request and expense, to the extent agreed upon in writing, the Contractor agrees to permit the

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Subcontractor to prosecute a claim in the name of the Contractor for the use and benefit of the Subcontractor in the manner provided in the Subcontract Documents for like claims by the Contractor upon the Owner. 5.3.3 CONTRACTOR CAUSED DELAY Should the Subcontractor be delayed by any cause beyond the Subcontractor’s control and not due to any fault, act or omission on the Subcontractor’s part, then the Subcontractor will submit a written Notice of Delay to the Contractor. If the Contractor cannot eliminate such delay within forty-eight hours, time for completion of the Subcontractor’s Work shall be extended for a period equivalent to the time lost, as determined by the Contractor. Such extension of time shall be the Subcontractor’s sole and exclusive remedy for any delay, and the Subcontractor shall have no claim for damages against Contractor for any delay. 5.3.4 CLAIMS RELATING TO CONTRACTOR The Subcontractor shall give the Contractor written notice of all claims not included in Subparagraph 5.3.2 within seven (7) days of the Subcontractor’s knowledge of the facts giving rise to the event for which claim is made; otherwise, such claims shall be deemed waived. All unresolved claim, disputes and other matters in question between the Contractor and the Subcontractor not relating to claims included in Subparagraph 5.3.2 shall be resolved in the manner provided in Article 11. 5.3.5 DAMAGES If the Subcontract Documents provide for liquidated or other damages for delay beyond the completion date set forth in the Subcontract Documents, and such damages are assessed, the Contractor may assess a share of the damages against the Subcontractor in proportion to the Subcontractor’s share of the responsibility for the delay. However, the amount of such assessment shall not exceed the amount assessed against the Contractor. This Paragraph 5.3 shall not limit the Subcontractor’s liability to the Contractor for the contractor’s actual delay damages caused by the Subcontractor’s delay. 5.4 WAIVER OF CONSEQUENTIAL DAMAGES 5.4.1 The Subcontractor and the Contractor hereby mutually waive any and all claims against each other for consequential damages arising out of or relating to this Agreement, including, without limitation, damages for principal office expenses and the personnel stationed there, loss of financing, business and reputation, and for loss of profit. Similarly, the Subcontractor shall obtain from its sub-subcontractor’s mutual waivers of consequential damages that correspond to the Subcontractor’s waiver of consequential damages herein.

ARTICLE 6

SUBCONTRACT AMOUNT As full compensation for performance of this Agreement, Contractor agrees to pay Subcontractor in current funds for the satisfactory performance of the Subcontract Work subject to all applicable provisions of the Subcontract.

(a) The fixed-price of and 00/100 Dollars ($) subject to additions and deductions as provided for in the Subcontract documents; and/or (b) Unit prices in accordance with the attached schedule of Unit Prices and estimated quantities, which is incorporated by reference and identified as ______N/A_________: and/or (c) Time and material rates and prices in accordance with the attached Schedule of Labor and Material Costs which is incorporated by reference and identified as Exhibit ________N/A________________

The fixed-price, unit prices and/or time and material rates and prices are referred to as the Subcontract Amount.

ARTICLE 7

CHANGES IN THE SUBCONTRACT WORK 7.1 SUBCONTRACT CHANGE ORDERS When the Contractor orders in writing, the Subcontractor, without nullifying this Agreement, shall make any and all changes in the Subcontract Work which are within the general scope of this Agreement. Any adjustment in the Subcontract Amount or Subcontract Time shall be authorized by a Subcontract Change Order. No adjustments shall be made for any changes performed by the Subcontractor that have not been ordered by the Contractor. A Subcontract Change Order is a written instrument prepared by the Contractor and signed by the Subcontractor stating their agreement upon the change in the Subcontract Work.

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7.2 CONSTRUCTION CHANGE DIRECTIVES To the extent that the Subcontract Documents provide for Construction Change Directives in the absence of agreement on the terms of a Subcontract Change Order, the Subcontractor shall promptly comply with the Construction Change Directive and be entitled to apply for interim payment if the Subcontract Documents so provide; provided, however, that the Subcontractor's payment for the Construction Change Directive shall be no more that the Contractor receives from the Owner for such Construction Change Directive. 7.3 UNKNOWN CONDITIONS If in the performance of the Subcontract Work, the Subcontractor finds latent, concealed or subsurface physical conditions which differ materially from those indicated in the Subcontract Documents or unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist, and not generally recognized as inherent in the kind of work provided for in this Agreement, the Subcontract Amount and/or the Progress Schedule shall be equitably adjusted by a Subcontract Change Order within a reasonable time after the conditions are first observed. The adjustment which the Subcontractor may receive shall be limited to the adjustment the Contractor receives from the Owner on behalf of the Subcontractor, or as otherwise provided under Subparagraph 5.3.2. 7.4 ADJUSTMENTS IN SUBCONTRACT AMOUNT If a Subcontract Change Order requires an adjustment in the Subcontract Amount, the adjustment shall be established by one of the following methods: .1 mutual acceptance of an itemized lump sum; .2 unit prices as indicated in the Subcontract Documents or as subsequently agreed to by the parties; or .3 costs determined in a manner acceptable to the parties and a mutually acceptable fixed or percentage fee; or .4 another method provided in the Subcontract Documents. 7.5 SUBSTANTIATION OF ADJUSTMENT If the Subcontractor does not respond promptly or disputes the method of adjustment, the method and the adjustment shall be determined by the Contractor on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in the case on an increase in the Subcontract Amount, an allowance for overhead and profit of the percentage provided in Paragraph 7.6. The Subcontractor may contest the reasonableness of any adjustment determined by the Contractor. The Subcontractor shall maintain for the Contractor’s review and approval an appropriately itemized and substantiated accounting of the following items attributable to the Subcontract Change Order.

.1 labor costs, including Social Security, health, welfare, retirement and other fringe benefits as normally required, and state worker’s compensation insurance; .2 costs of materials, supplies and equipment, whether incorporated in the Subcontract Work or consumed, including transportation costs; .3 costs of renting machinery and equipment other than hand tools; .4 costs of bond and insurance premiums, permit fees and taxes attributable to the change; and .5 costs of additional supervision and field office personnel services necessitated by the change.

7.6 Adjustment shall be based on net change in Subcontractor’s reasonable cost of performing the changed Subcontract Work plus, in case of a net increase in cost, an agreed upon sum for overhead and profit not to exceed Ten percent (10%) or as allowed for in the Contract Documents. 7.7.1 NO OBLIGATION TO PERFORM The Subcontractor shall not perform changes in the Subcontract Work until a Subcontract Change Order has been executed or written instructions have been issued in accordance with paragraphs 7.2 and 7.9. 7.8 EMERGENCIES In an emergency affecting the safety of persons and/or property, the Subcontractor shall act, at its discretion, to prevent threatened damage, injury or loss. Any change in the Subcontract Amount and/or the Progress Schedule on account of emergency work shall be determined as provided in this Article. 7.9 INCIDENTAL CHANGES The Contractor may direct the Subcontractor to perform incidental changes in the Subcontract Work which do not involve adjustments in the Subcontract Amount of Subcontract Time. Incidental changes shall be consistent with the scope and intent of the Subcontract Documents. The Contractor shall initiate an incidental change in the Subcontract Work by issuing a written order to the Subcontractor. Such written notice shall be carried out promptly and are binding on the parties.

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ARTICLE 8

PAYMENT 8.1 SCHEDULE OF VALUES As a condition to payment, the Subcontractor shall provide a schedule of values satisfactory to the Contractor not more than fifteen (15) days from the date of execution of this Agreement. The schedule of values shall include, but not limited to the following itemized cost breakdowns: Submittals, Daily Clean-up, As-built Drawings, Warranties, Operation and Maintenance Manuals, Extra Materials, Owner Training, when applicable. PROGRESS PAYMENTS 8.2.1 APPLICATIONS The Subcontractor’s applications for payment shall be itemized and supported by substantiating data as required by the Subcontract Documents. If the Subcontractor is obligated to provide design services pursuant to Paragraph 3.8, Subcontractor’s applications for payment shall show the Subcontractor's Designer’s fee and expenses as a separate cost item. The Subcontractor’s application shall be notarized and, if allowed under the Subcontract Documents, may include properly authorized Subcontract Construction Change Directives. The Subcontractor’s progress payment application for the Subcontract Work performed in the preceding payment period shall be submitted for approval of the Contractor in accordance with the schedule of values if required and Subparagraphs 8.2.2, 8.2.3, and 8.2.4. The Contractor shall incorporate the approved amount of the Subcontractor’s progress payment application into the Contactor’s payment application to the Owner for the same period and submit it to the Owner in a timely fashion. The Contractor shall immediately notify the Subcontractor of any changes in the amount requested on behalf of the Subcontractor. 8.2.2 RETAINAGE The rate of Retainage shall be percent ( ), or any greater amount required by the Subcontract Documents. If the Subcontract Work is satisfactory and the Subcontract Documents provide for reduction of Retainage at a specified percentage of completion, the Subcontractor’s Retainage shall also be reduced when the Subcontract Work has attained the same percentage of completion and the Contractor’s Retainage for the Subcontract Work has been so reduced by the Owner. 8.2.3 TIME OF APPLICATION Subcontractor shall submit progress payment applications to the Contractor no later than the twenty-fifth (25th) day of each payment period for the Subcontract Work performed up to and including the last day of the payment period indicating work completed and, to the extent allowed under Subparagraph 8.2.4, materials suitably stored during the preceding payment period. 8.2.4 STORED MATERIALS Unless otherwise provided in the Subcontract Documents, and if approved in advance by the Owner, applications for payment may include materials and equipment not incorporated in the Subcontract Work but delivered to and suitably stored at the site or at some other location agreed upon in writing. Approval of payment applications for such stored items on or off the site shall be conditioned upon submission by the Subcontractor of a bill of sale. any applicable insurance or such other procedures satisfactory to the Owner and Contractor to establish the Owner’s title to such materials and equipment, or otherwise to protect the Owner’s and Contractor’s interest including transportation to the site. 8.2.5 TIME OF PAYMENT Progress payments to the Subcontractor for satisfactory performance of the Subcontract Work shall be made no later than seven (7) days after receipt by the Contractor of payment from the Owner for the Subcontract Work. If payment from the Owner for such Subcontract Work is not received by the Contractor, through no fault of the Subcontractor, the Contractor will make payment to the Subcontractor within a reasonable time for the Subcontract Work satisfactorily performed. 8.2.6 PAYMENTS WITHHELD The Contractor may reject a Subcontractor payment application or nullify a previously approved Subcontractor payment application, in whole or in part, as may reasonably be necessary to protect the Contractor from loss or damage based upon:

.1 the Subcontractor’s failure to perform the Subcontract Work as required by this Agreement; .2 Loss or damage arising out of or relating to this Agreement and caused by the Subcontractor to the Owner, Contactor or others to whom the Contractor may be liable: .3 the Subcontractor’s failure to properly pay for labor, materials, equipment or supplies furnished in connection with the Subcontract Work; .4 rejected, nonconforming or defective Subcontract Work which has not been corrected in a timely fashion: .5 reasonable evidence of delay in performance of the Subcontract Work such that the Work will not be completed within the Subcontract Time and that the unpaid balance of the Subcontract Amount is not sufficient to offset the liquidated damages or actual damages that may be sustained by the Contactor as a result of the anticipated delay caused by the Subcontractor;

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.6 reasonable evidence demonstrating that the unpaid balance of the Subcontract Amount is insufficient to cover the cost to complete the Subcontract Work; .7 third party claims involving the Subcontractor or reasonable evidence demonstrating that third party claims are likely to be filed unless and until the Subcontractor furnishes the Contractor with adequate security in the form of a surety bond, letter of credit or other collateral or commitment which are sufficient to discharge such claims if established. .8 Failure to provide closeout documents. Closeout documents required by the Subcontract Documents shall be due at the 90% milestone completion date of the Subcontractor’s scope of work. Future progress payments after the 90% milestone date will be subject to being withheld until the closeout documents have been submitted and approved.

The Contractor shall give written notice to the Subcontractor, at the time of disapproving or nullifying an application for payment stating its specific reasons for such disapproval or nullification. When the above reasons for disapproving or nullifying an application for payment are removed, payment will be made for amount previously withheld, provided such payment has been received from the Owner. 8.3 LATE PAYMENT INTEREST Progress payments or final payment due and unpaid under this Agreement, as defined in Subparagraphs 8.2.5, 8.12.3 and 8.12.4, shall bear interest from the date payment is due at the prime rate prevailing at the place of the Project. However, if the Owner fails to timely pay the Contractor as required under the Owner-Contractor Agreement through no fault or neglect of the Contractor, and the Contractor fails to timely pay the Subcontractor as a result of such nonpayment, the Contractor’s obligation to pay the Subcontractor interest on corresponding payments due and unpaid under this Agreement shall be extinguished by the Contractor promptly paying to the Subcontractor the Subcontractor’s proportionate share of the interest, if any, received by the Contractor from the Owner on such late payments. 8.4 CONTINUING OBLIGATIONS Provided the Contractor is making payments on or has made payments to the Subcontractor in accordance with the terms of this Agreement, the Subcontractor shall reimburse the Contractor for any costs and expenses for any claim, obligation or lien asserted before or after final payment is made that arises from the performance of the Subcontract Work. The Subcontractor shall reimburse the Contractor for costs and expenses including attorneys’ fees and costs and expenses incurred by the Contractor in satisfying, discharging or defending against any such claims, obligation or lien including any action brought or judgment recovered. In the event that any applicable law, statute, regulation or bond requires the reasonable time for payment referred in Subparagraph 8.2.5 in order to preserve or protect the Subcontractor’s rights, if any, with respect to mechanic’s lien or bond claims, then the Subcontractor may take that action prior to the expiration of the reasonable time for payment and such action will not create the reimbursement obligation recited above nor be in violation of this Agreement or considered premature for purposes of preserving and protecting the Subcontractor’s rights. 8.5 PAYMENT USE RESTRICTION Payments received by the Subcontractor shall be held in trust and first used to satisfy the indebtedness owed by the Subcontractor to any person furnishing labor or materials, or both, for use in performing the Subcontract Work through the most current period applicable to progress payments received from the Contractor before it is used for any other purpose. This provision shall bear on this Agreement only, and is not for the benefit of third parties. Moreover, it shall not be construed by the parties to this Agreement or third parties to require that dedicated sums of money or payments be deposited in separate accounts, or that there be other restrictions on commingling of funds. 8.6 PAYMENT USE VERIFICATION If the Contractor has reason to believe that the Subcontractor is not complying with the payment terms of this Agreement, the Contractor shall have the right to contact the Subcontractor’s subcontractors and suppliers to ascertain whether they are being paid by the Subcontractor in accordance with this Agreement. 8.7 PARTIAL LIEN WAIVERS AND AFFIDAVITS As a prerequisite for payments, the Subcontractor shall provide, in a form satisfactory to the Owner and Contractor, affidavits and partial waivers and releases of liens and bond claims executed and submitted by Subcontractor and its subcontractors and suppliers in the amount of the application for payment. Such waivers may be conditional upon payment. 8.8 SUBCONTRACTOR PAYMENT FAILURE Upon payment by the Contractor, the Subcontractor shall promptly pay its subcontractors and suppliers the amounts to which they are entitled. In the event the Contractor, in its sole discretion, has reason to believe that labor, material or other obligations incurred in the performance of the Subcontract Work are not being paid or may not be paid, the Contractor may give written notice of a potential claim or lien to the Subcontractor and may take any steps deemed necessary, in the Contractor's sole discretion, to assure that progress payments are utilized to pay such obligations, including, but not limited to, the issuance of joint checks to the Subcontractor and its subcontractors and suppliers, or the Contractor's direct payment of the Contractor's subcontractors and suppliers, with any amount paid by such joint checks or direct payments to the Subcontractor's subcontractors and/or suppliers reducing any amounts due to the Subcontractor from the Contractor by the same amount. The Subcontractor shall fully cooperate with the Contractor with respect to any such joint or direct payments to the Subcontractor's subcontractors or suppliers and shall execute partial waivers and releases of liens and bond claims, in a form acceptable to the Contractor, with respect to any such joint or direct payments. If upon receipt of notice, the Subcontractor does

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not (a) supply evidence to the satisfaction of the Contractor that the moneys owing have been paid; or (b) post a bond indemnifying the Owner, the Contractor, the Contractor’s surety, if any, and the premises from a claim or lien, the Contractor shall have the right to withhold from any payments due or to become due to the Subcontractor a reasonable amount to protect the Contractor from any and all loss, damage or expense including attorneys’ fees that may arise out of or relate to any such claim or lien. 8.9 SUBCONTRACTOR ASSIGNMENT OF PAYMENTS The Subcontractor shall not assign any moneys due or to become due under this Agreement, without the written consent of the Contractor, unless the assignment is intended to create a new security interest within the scope of Article 9 of the Uniform Commercial Code. Should the Subcontractor assign all of any part of any moneys due or to become due under this Agreement to create a new security interest or for any other purpose, the instrument of assignment shall contain a clause to the effect that the assignee’s right in and to any money due or to become due to the Subcontractor shall be subject to the claims of all persons, firms and corporations for services rendered or materials supplied for the performance of the Subcontract Work. 8.10 PAYMENT NOT ACCEPTANCE Payment to the Subcontractor does not constitute or imply acceptance of any portion of the Subcontract Work. 8.11 RIGHT TO SETOFF The Contractor shall have the right to setoff any amounts owed to the Subcontractor under this Agreement or any other agreement against any amounts owed by the Subcontractor to the Contractor under this Agreement or any other agreement. 8.12 FINAL PAYMENT 8.12.1 APPLICATION Upon acceptance of the Subcontract Work by the Owner and the Contractor and receipt from the Subcontractor of evidence of fulfillment of the Subcontractor’s obligations in accordance with the Subcontract Documents and Subparagraph 8.12.2, the Contractor shall incorporate the Subcontractor’s application for payment to the Owner without delay, or notify the Subcontractor if there is a delay and the reasons therefore. 8.12.2 REQUIREMENTS Before the Contractor shall be required to incorporate the Subcontractor’s application for final payment into the Contractor’s next application for payment, the Subcontractor shall submit to the Contractor

.1 an affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Subcontract Work for which the Owner or its property or the Contractor or the Contractor’s surety might in any way be liable, have been paid or otherwise satisfied; .2 consent of surety to final payment, if required; .3 satisfaction of required closeout procedures; .4 certification that insurance required by the Subcontract Documents to remain in effect beyond final payment pursuant to Clauses 9.2.3.1 and 9.2.6 is in effect and will not be cancelled or allowed to expire without at least thirty (30) days’ written notice to the Contractor unless a longer period is stipulated in this Agreement; .5 other data, if required by the Contactor or Owner, such as receipts, releases, and waivers of liens to the extent and in such form as may be designated by the Contractor or Owner; .6 written warranties, equipment manual, startup and testing required in Paragraph 3.28; .7 final waivers and releases of liens and bond claims executed and submitted by Subcontractor and its subcontractors and suppliers, in such form as shall be requested by the Contractor; and .8 as-built drawings if required by the Subcontract Documents.

8.12.3 TIME OF PAYMENT Final payment of the balance due of the Subcontract Amount shall be made to the Subcontractor within fifteen (15) days after receipt by the Contractor of final payment from the Owner for such Subcontract Work. 8.12.4 FINAL PAYMENT DELAY If the Owner or its designated agent does not issue a certificate for final payment or the Contractor does not receive such payment for any cause which is not the fault of the Subcontractor, the Contractor shall also diligently pursue, with the assistance of the Subcontractor, the prompt release by the Owner of the final payment due for the Subcontract Work. At the Subcontractor’s request and expense, to the extent agreed upon in writing, the Contactor shall institute reasonable legal remedies to mitigate the damages and pursue payment of the Subcontractor’s final payment including interest. If final payment from the Owner for such Subcontract Work is not received by the Contractor through no fault of the Subcontractor, the Contractor will make payment to the Subcontractor within a reasonable time.

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8.12.5 WAIVER OF CLAIMS Final payment shall constitute a waiver of all claims by the Subcontractor relating to the Subcontract Work, but shall in no way relieve the Subcontractor of liability for the obligations assumed under Paragraphs 3.21 and 3.22, or for faulty or defective work or services discovered after final payment, or any other obligations which by their nature may survive the date of final payment.

ARTICLE 9

INDEMNITY, INSURANCE AND WAIVER OF SUBROGATION 9.1 INDEMNITY 9.1.1 INDEMNITY To the fullest extent permitted by law, the Subcontractor shall defend, indemnify and hold harmless the Contractor, the Owner, and their respective officers, directors, shareholders, agents, members, managers and employees (collectively, the "Indemnitees") from and against any damage, injury, loss, liability or expense (including, but not limited to, attorney and expert witness fees and other costs of litigation) incurred by any of the Indemnitees as a direct or indirect result of willful misconduct, or the Subcontractor's operations or Work, or performance or lack of performance of the Subcontractor's obligations under this Agreement, by the Subcontractor or anyone directly or indirectly employed by the Subcontractor or anyone for whose acts the Subcontractor may be liable. However, the Subcontractor shall not be obligated to indemnify any Indemnitee for or hold any Indemnitee harmless from any portion of the damage, injury, loss, liability or expense incurred by the Indemnitee to the extent that such damage, injury, loss, liability or expense results from the negligence or willful misconduct of such Indemnitee. Payment to the Subcontractor by the Contractor of any sums purportedly due under this Agreement shall not be a condition precedent to the Contractor’s right to enforce the Subcontractor’s obligations under this Article 9. The Subcontractor’s obligations under this Article 9 shall survive the expiration and termination of this Agreement and shall continue until such time as all actions against any of the Indemnitees covered by the Subcontractor's obligations under this Article 9 are barred by applicable statutes of limitations. The Subcontractor further agrees that the Subcontractor shall reimburse the Contractor for the Contractor’s reasonable attorneys' fees and other litigation expenses incurred in enforcing the Subcontractor’s obligations hereunder to defend, indemnify and/or hold harmless the Indemnitees. The parties hereto are aware of and acknowledge the application of North Carolina General Statute § 22B-1 or similar statutes in any other state which may have jurisdiction over this Agreement. All indemnity provisions in this Agreement shall be interpreted to comport with that statute and no indemnity obligation herein is intended to extend beyond the limits of permissible indemnities under that statute. In no event shall Subcontractor’s obligations hereunder be limited to the extent of any insurance available to or provided by Subcontractor. 9.1.2 NO LIMITATION ON LIABILITY In any and all claims against the Indemnitees by any employee of the Subcontractor, anyone directly or indirectly employed by the Subcontractor or anyone for whose acts the Subcontractor may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Subcontractor under workers’ compensation acts, disability benefit acts or other employee benefit acts. INSURANCE 9.2.1 SUBCONTRACTOR'S INSURANCE Before commencing the Subcontract Work, and as a condition of payment, the Subcontractor shall purchase and maintain insurance that will protect it from the claims arising out of its operations under this Agreement, whether the operations are by the Subcontractor, or any of its consultants or subcontractors or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. The Subcontractor shall maintain in effect all insurance coverages required under this Agreement at the Subcontractor’s sole expense. The policies shall contain a provision that coverage will not be cancelled or not renewed until at least thirty (30) days’ prior written notice has been given to the Contractor. Certificates of insurance showing required coverage to be in force pursuant to Subparagraph 9.2.2 shall be filed with the Contractor prior to commencement of the Subcontract Work. The failure of the Subcontractor to supply certificates evidencing full compliance with the requirements of the provision shall not abrogate its duty to provide and maintain the required insurance, including the naming of the Contractor as an Additional Insured. In the event the Subcontractor fails to obtain or maintain any insurance coverage required under this Agreement, the Contractor may purchase such coverage as desired for the Contractor’s benefit and charge the expense to the Subcontractor, or terminate this Agreement. 9.2.2 MINIMUM LIMITS OF LIABILITY The Subcontractor shall maintain at least the limits of liability in a company satisfactory to the Contractor as set forth in Exhibit C and as indicated below . All deductibles with respect to insurance policies provided by the Subcontractor shall be paid by the Subcontractor. 9.2.3 PROFESSIONAL LIABILITY INSURANCE, if applicable to this project (see Article 3.8). 9.2.3.1 PROFESSIONAL LIABILITY INSURANCE The Subcontractor shall require the Subcontractor's Designer(s) to maintain Professional Liability Insurance with a company satisfactory to the Contractor, including contractual liability insurance against the

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liability assumed in Paragraph 3.8, and including coverage for any professional liability caused by any of the Subcontractor's Designer’s(s’) consultants. Said insurance shall have specific minimum limits as set forth below:

Limit of $ 1,000,000 per claim. General Aggregate of $ 2,000,000 for the subcontract services rendered. The Professional Liability Insurance shall contain prior acts coverage sufficient to cover all subcontract services rendered by the Subcontractor's Designer. Following final payment to the Subcontractor’s Designer, said insurance shall be continued in effect with an extended period of not less the period of time specified through the statute of repose of the State where the work is being performed. Such insurance shall have a maximum deductible amount of $ 25,000 per occurrence. The deductible shall be paid by the Subcontractor or Subcontractor's Designer. Renewed or replacement policies shall maintain a retroactive date prior to the start of the project and shall provide for an extended reporting period of not less than the period of time specified through the statute of repose of the State where the work is being performed.

9.2.3.2 The Subcontractor shall require the Subcontractor's Designer to furnish to the Subcontractor and Contractor, before the Subcontractor's Designer commences its services, a copy of its professional liability policy evidencing the coverages required in this Paragraph. No policy shall be cancelled or modified without thirty (30) days’ prior written notice to the Subcontractor and Contractor. 9.2.4 Commercial Pollution Liability – Required: ( ) Yes ( ) No 9.2.4.1. In the amount of $1,000,000 per occurrence, $2,000,000 aggregate limit concerning claims made against Contractor and/or Subcontractor for bodily injury, property damage, environmental exposures, damage caused by pollution conditions resulting from covered operations and coverage for transportation to non-owned disposal sites. 9.2.4.2. Said policy shall be on an occurrence form. The peril of mold may be on a claims made policy if the retroactive date is before the commencement of the abatement and tail coverage is provided for a term of at least the term specified through the specific statute of repose of the State where the work is being performed, following project completion or such longer period required by the Contract Documents. Separate mold sub-limits are not permitted. 9.2.4.3. The policy shall provide for severability of interests. Contractor, Owner, Architect and all other parties required of the Contractor shall be included as insured. 9.2.4.4. The Commercial Pollution Liability Policy shall apply as Primary and Non-Contributing Insurance before any other insurance or self-insurance, including any deductible, maintained by, or provided to, the Additional Insured. After completion of the Work, subcontractor shall maintain coverage for itself and all Additional Insureds for the duration of the project and maintain coverage for itself and each additional insured for at least the period of time specified through the statute of repose of the State where the work is being performed. 9.2.4.5. Such insurance shall have a maximum deductible of $25,000 per occurrence. The deductible shall be paid by the Subcontractor. 9.2.5 BUILDER’S RISK INSURANCE 9.2.5.1 Upon the written request of the Subcontractor, the Contractor shall provide the Subcontractor with a copy of the Builder’s Risk policy of insurance or any other property or equipment insurance in force for the Project and procured by the Owner or Contractor.

9.2.5.2 If the Owner or Contractor has not purchased Builder’s Risk insurance satisfactory to the Subcontractor, the Subcontractor may procure such insurance as will protect the interests of the Subcontractor, its subcontractors and their subcontractors in the Subcontract Work.

9.2.5.3 If not covered under the Builder’s Risk policy of insurance or any other property or equipment insurance required by the Subcontract Documents, the Subcontractor shall procure and maintain at the Subcontractor’s own expense property and equipment insurance for the Subcontract Work including portions of the Subcontract Work stored off the site or in transit, when such portions of the Subcontract Work are to be included in an application for payment under Article 8.

9.2.5.4 Subcontractor shall be responsible for any Builder’s Risk deductible.

9.2.6 WAIVER OF SUBROGATION The Contractor and Subcontractor waive all rights against each other, the Owner and the Designer, and any of their respective consultants, subcontractors, and sub-subcontractors, agents and employees, for damages caused by perils to the extent covered by the proceeds of the insurance provided in Clause 9.2.5.1, except such rights as they may have to the insurance proceeds. The Subcontractor shall require similar waivers from its subcontractors.

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9.2.7 ENDORSEMENT If the policies of insurance referred to in this Article require an endorsement to provide for continued coverage where there is a waiver of subrogation, the owners of such policies will cause them to be so endorsed. 9.2.8 REPORTS OF ACCIDENT AND INJURY: Subcontractor shall immediately advise Contractor, in writing, of the facts and details of every accident and personal injury occurring with relation to the work and simultaneously furnish to Contractor a copy of every accident report furnished to Subcontractor’s insurance carrier.

ARTICLE 10

CONTRACTOR’S RIGHT TO PERFORM SUBCONTRACTOR’S RESPONSIBILITIES AND

TERMINATION OF AGREEMENT

10.1FAILURE OF PERFORMANCE 10.1.1 NOTICE TO CURE If the Subcontractor refuses or fails to supply enough properly skilled workers, proper materials, or maintain the Progress Schedule, or fails to make prompt payment to its workers, subcontractors or suppliers, or disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or otherwise is guilty of a material breach of a provision of this Agreement, the Subcontractor shall be deemed in default of this Agreement. If the Subcontractor fails within three (3) days after written notification to commence and continue satisfactory correction of the default with diligence and promptness, then the Contractor without prejudice to any other rights or remedies, shall have the right to any or all of the following remedies:

.1 supply workers, materials, equipment and facilities as the Contractor deems necessary for the completion of the Subcontract Work or any part which the Subcontractor has failed to complete or perform after written notification, and charge the cost, including reasonable overhead, profit, attorneys’ fees, cost and expenses to the Subcontractor; .2 contract with one or more additional contractors to perform such part of the Subcontract Work as the Contractor determines will provide the most expeditious completion of the Work, and charge the cost to the Subcontractor as provided under Clause 10.1.1.1; and/or .3 withhold any payments due or to become due the Subcontractor pending corrective action in amounts sufficient to cover losses and compel performance to the extent required by and to the satisfaction of the Contractor.

In the event of an emergency affecting the safety of persons or property, the Contractor may proceed as above without notice, but the Contractor shall give the Subcontractor notice promptly after the fact as a precondition of cost recovery.

10.1.2 TERMINATION BY CONTRACTOR If the Subcontractor fails to commence and satisfactorily continue correction of a default within three (3) days after written notification issued under Subparagraph 10.1.1, then the Contractor may, in lieu of or in addition to Subparagraph10.1.1, terminate this Agreement immediately by issuing a written notification of such termination, to the Subcontractor and its surety, if any. The Contractor may furnish those materials, equipment and/or employ such workers or subcontractors as the Contractor deems necessary to maintain the orderly progress of the Work. All costs incurred by the Contractor in performing the Subcontract Work, including reasonable overhead, profit and attorneys’ fees, costs and expenses, shall be deducted from any moneys due or to become due the Subcontractor. The Subcontractor shall be liable for the payment of any amount by which such expense may exceed the unpaid balance of the Subcontract Amount. At the Subcontractor’s request, the Contractor shall provide a detailed accounting of the costs to finish the Subcontract Work.

10.1.3 USE OF SUBCONTRACTOR’S EQUIPMENT If the Contractor performs work under this Article, either directly or through other subcontractors, the Contractor shall have the right to take and use any materials, implements, equipment, appliances or tools furnished by, or belonging to the Subcontractor and located at the Project site for the purpose of completing any remaining Subcontract Work. Immediately upon completion of the Subcontract Work, any remaining materials, implements, equipment, appliances or tools not consumed or incorporated in performance of the Subcontract Work, and furnished by belonging to, or delivered to the Project by or on behalf of the Subcontractor, shall be returned to the Subcontractor in substantially the same condition as when they were taken, normal wear and tear excepted.

10.2 BANKRUPTCY

10.2.1 TERMINATION ABSENT CURE If the Subcontractor files a petition under the Bankruptcy Codes, this Agreement shall terminate if the Subcontractor or the Subcontractor’s trustees rejects the Agreement or, if there has been a default, the Subcontractor is unable to give adequate assurance that the Subcontractor will perform as required by this Agreement or otherwise is unable to comply with the requirements for assuming this Agreement under the applicable provisions of the Bankruptcy Code. 10.2.2 INTERIM REMEDIES If the Subcontractor is not performing in accordance with the Progress Schedule at the time a petition in bankruptcy is filed, or at any subsequent time, the Contractor, while awaiting the decision of the Subcontractor or its

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trustee to reject or to assume this Agreement and provide adequate assurance of its ability to perform, may avail itself of such remedies under this Article as are reasonably necessary to maintain the Progress Schedule. The Contractor may offset against any sums due or to become due the Subcontractor all costs incurred in pursuing any of the remedies provided including, but not limited to, reasonable overhead, profit and attorney’s fees. The Subcontractor shall be liable for the payment of any amount by which costs incurred may exceed the unpaid balance of the Subcontract Amount.

10.3 SUSPENSION BY OWNER Should the Owner suspend the Work or any part which includes the Subcontract Work and such suspension is not due to any act or omission of the Contractor, or any other person or entity for whose acts or omissions the Contractor may be liable, the Contractor shall notify the Subcontractor in writing and upon receiving notification the Subcontractor shall immediately suspend the Subcontract Work. In the event of Owner suspension, the Contractor’s liability to the Subcontractor shall be limited to the extent of the Contractor’s recovery on the Subcontractor’s behalf under the Subcontract Documents. The Contractor agrees to cooperate with the Subcontractor, at the Subcontractor’s expense, in the prosecution of any Subcontractor claim arising out of an Owner suspension and to permit the Subcontractor to prosecute the claim, in the name of the Contractor, for the use and benefit of the Subcontractor.

10.4 TERMINATION BY OWNER Should the Owner terminate the Owner-Contractor Agreement, or any part which includes the Subcontract Work, the Contractor shall notify the Subcontractor in writing within three (3) days of the termination and upon written notification, this Agreement shall be terminated and the Subcontractor shall immediately stop the Subcontractor Work, follow all of Contractor’s instructions, and mitigate all costs. In the event of Owner termination, the Contactor’s liability to the Subcontractor shall be limited to the extent of the Contractor’s recovery on the Subcontractor’s behalf under the Subcontract Documents. The Contractor agrees to cooperate with the Subcontractor, at the Subcontractor’s expense, in the prosecution of any Subcontractor claim arising out of an Owner termination and to permit the Subcontractor to prosecute the claim, in the name of the Contractor, for the use and benefit of the Subcontractor, or assign the claim to the Subcontractor.

10.5 CONTINGENT ASSIGNMENT OF THIS AGREEMENT The Contractor’s contingent assignment of this Agreement to the Owner, as provided in the Owner-Contractor agreement, is effective when the Owner has terminated the Owner-Contractor agreement for cause and has accepted the assignment by notifying the Subcontractor in writing. This contingent assignment is subject to the prior rights of a surety that may be obligated under the Contractor’s bond, if any. The Subcontractor consents to such assignment and agrees to be bound to the assignee by the terms of this Agreement, provided that the assignee fulfills the obligations of the Contractor.

10.6 SUSPENSION BY CONTRACTOR The Contractor may order the Subcontractor in writing to suspend all or any part of the Subcontract Work for such period of time as may be determined to be appropriate for the convenience of the Contractor. Phased Work or interruptions of the Subcontract Work for short periods of time shall not be considered a suspension. The Subcontractor, after receipt of the Contractor’s order, shall notify the Contractor in writing in sufficient time to permit the Contractor to provide timely notice to the Owner in accordance with the Owner-Contractor Agreement of the effect of such order upon the Subcontract Work. The Subcontract Amount or Progress Schedule shall be adjusted by Subcontract Change Order for any increase in the time or cost of performance of the Agreement caused by such suspension. No claim under this Paragraph shall be allowed for any costs incurred more than fourteen (14) days prior to the Subcontractor’s notice to the Contractor. Neither the Subcontract Amount nor the Progress Schedule shall be adjusted for any suspension, to the extent that performance would have been suspended, due in whole or in part to the fault or negligence of the Subcontractor or by cause for which Subcontractor would have been responsible. The Subcontract Amount shall not be adjusted for any suspension by a cause for which the Subcontractor would have been entitled only to a time extension under this Agreement.

10.7 WRONGFUL EXERCISE If the Contractor wrongfully exercises any option under this Article, the Contractor shall be liable to the Subcontractor solely for the reasonable value of Subcontract Work performed by the Subcontractor prior to the Contractor’s wrongful action, including reasonable overhead and profit on the Subcontract Work performed, less prior payments made.

10.8 TERMINATION BY SUBCONTRACTOR If the Subcontract Work has been stopped for sixty (60) days because the Subcontractor has not received progress payments or has been abandoned or suspended for an unreasonable period of time not due to the fault or neglect of the Subcontractor, then the Subcontractor may terminate this Agreement upon giving the Contractor seven (7) days’ written notice. Upon such termination, Subcontractor shall be entitled to recover from the Contractor payment for all Subcontract Work satisfactorily performed but not yet paid for, including reasonable overhead, profit and attorneys’ fees, costs and expenses. However, if the Owner has not paid the Contractor for the satisfactory performance of the Subcontract Work through no fault or neglect of the Contractor, and the Subcontractor terminates this Agreement under this Article because it has not received corresponding progress payments, the Subcontractor shall be entitled to recover from the Contractor, within a reasonable period of time following termination, payment for all Subcontract Work satisfactorily performed but not yet paid for, including reasonable overhead and profit. The Contractor’s liability for any other damages claimed by the Subcontractor under such circumstances shall be extinguished by the Contractor pursuing said damages and claims against the Owner, on the Subcontractor’s behalf, in the manner provided for in Subparagraph 10.3 and 10.4 of this Agreement. 10.9 TERMINATION FOR CONVENIENCE In addition to any other rights to terminate this Agreement, the Contractor shall have the right to terminate this Agreement, without cause, for convenience, when the Contractor determines that it is in its own best interests to so terminate the Agreement, by giving the Subcontractor five (5) days' prior written notice of such termination. If

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this Agreement is terminated for convenience, the Subcontractor shall comply with all of the Contractor's termination instructions and shall be entitled to receive payment for Subcontract Work actually performed and a reasonable overhead and profit in connection with such Subcontract Work actually performed prior to termination of this Agreement, except that if the Owner-Contractor Agreement is also terminated for convenience, termination settlement and costs to the Subcontractor shall be as provided in the Subcontract Documents, and in the amount actually received by the Contractor from the Owner. Under no circumstances shall the Subcontractor be entitled to any recovery of profit or unabsorbed overhead in connection with Subcontract Work not actually performed.

ARTICLE 11

DISPUTE RESOLUTION 11.1 DISPUTES WITH OWNER Disputes arising out of the Owner's acts, omissions or responsibilities shall be resolved in accordance with the disputes procedures in the Subcontract Documents. At the Contractor's option, the Subcontractor shall have the right to exercise those rights at its sole cost and shall be bound thereby. The Contractor shall have no direct liability, except to give the Subcontractor the opportunity to exercise its rights under the Subcontract Documents. Where the claim in dispute includes more than just the Subcontract Work, the Contractor shall reasonably pursue the claim including the Subcontractor's portion and the Subcontractor shall have full responsibility for preparation and presentation of its elements of the claim and shall bear all expenses thereof including attorneys' fees allocable to its portion of the claim. The Subcontractor shall not be entitled to receive any greater amount from the Contractor than the Contractor receives from the Owner on account of the Subcontractor's Subcontract Work, less costs and/or legal fees incurred by the Contractor in pursuing the claim and markups to which the Contractor is entitled; and, Subcontractor shall accept such amount, if any, received by the Contractor from the Owner as full satisfaction and discharge of its element of claim. 11.2 WORK CONTINUATION AND PAYMENT Unless otherwise agreed in writing, the Subcontractor shall continue the Subcontract Work and maintain the Progress Schedule during any dispute resolution proceedings. If the Subcontractor continues to perform, the Contractor shall continue to make payments in accordance with this Agreement. 11.3 NO LIMITATION OF RIGHTS OR REMEDIES Nothing in this Article shall limit any rights or remedies not expressly waived by the Subcontractor which the Subcontractor may have under lien laws or payment bonds. 11.4 MULTIPARTY PROCEEDING The parties agree that to the extent permitted by Subcontract Document all parties necessary to resolve a claim shall be parties to the same dispute resolution proceeding. To the extent disputes between the Contractor and Subcontractor involve in whole or in part disputes between Contractor and the Owner, disputes between Subcontractor and the Contractor shall be decided by the same tribunal and in the same forum as disputes between the Contractor and the Owner. DISPUTES BETWEEN CONTRACTOR AND SUBCONTRACTOR 11.5.1 If a controversy or claim should arise between the Subcontractor and the Contractor under or relating to this Agreement, or the breach thereof, then the parties agree to endeavor to settle such matters by mediation. Demand for mediation shall be filed in writing with the other party to this Agreement, along with a description of the proposed method for such mediation. In the event the party receiving such demand is in agreement with the proposed method for mediation, the parties shall proceed with mediation in accordance therewith. However, if the parties are unable to agree upon the method of such mediation within ten (10) days following the delivery of such demand for mediation, either party may initiate arbitration in accordance with Paragraph 11.5.2 hereof. The parties shall share the mediator's fee and any filing fees equally. A demand for mediation shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for mediation be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of repose or limitations. 11.5.2 Claims, disputes and other matters in question between the parties that are not resolved by mediation pursuant to Paragraph 11.5.1 above shall be decided by arbitration which shall be in accordance with the operative Sections of Article 45C of Chapter 1 of the North Carolina General Statutes and shall be engaged when either party delivers written notice of demand for arbitration to the other party. A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. An arbitration pursuant to this Paragraph 11.5.2 may be joined with an arbitration involving common issues of law or fact between the Contractor and any person or entity with whom the Contractor has a contractual obligation to arbitrate disputes. Notwithstanding any other provisions of this Agreement, in any arbitration proceeding between the parties related to this Agreement, either party shall have the right to include, by consolidation, joinder or in any other manner, any person or entity whom either party believes to be substantially involved in a common question of fact or law with respect to such arbitration proceeding. Within fifteen (15) days of the receipt of written notice of demand, each party shall identify, by providing the name, address and

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telephone number to the other party, an arbitrator selected by them for purposes of resolving the matter which is the subject of the demand, and each party shall notify the arbitrator selected by such party that the arbitrator has been identified and that such arbitrator, acting jointly with the arbitrator selected by the other party, shall be required to select a third arbitrator within thirty (30) days of their selection as arbitrators. If either party fails to identify an arbitrator within such fifteen (15) day period, or if the two arbitrators selected by the Parties fail to select a third arbitrator within such thirty (30) day period, either party may petition any Wayne County, North Carolina Superior Court judge to appoint the initial arbitrator or the third arbitrator, as applicable, and such arbitrator or arbitrators so appointed shall serve with the arbitrator or arbitrators selected by the parties. Any arbitrator selected hereunder shall be an attorney who is experienced in arbitration and construction law. Arbitration proceedings shall be heard and resolved for the purposes of venue in Wayne County, North Carolina. The party filing a notice of demand for arbitration must assert in the demand all claims, disputes or other matters in question then known to that party on which arbitration is permitted to be demanded. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. During arbitration or court proceedings, the Subcontractor shall proceed diligently with the performance of the Work. Likewise, the Contractor may proceed, in good faith, to remedy an alleged default by the Subcontractor. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the cost of its own experts, evidence and counsel’s fees, except that in the discretion of the arbitrators, any award may include the cost of a party’s counsel if the arbitrators expressly determine that the party against whom such award is entered has caused the dispute, controversy or claim to be submitted to arbitration as a dilatory tactic. Notwithstanding the foregoing, disputes between the Contractor and the Subcontractor that directly or indirectly involve Owner shall be settled in accordance with the dispute resolution procedures in the Subcontract Documents. 11.6 COST OF DISPUTE RESOLUTION The cost of any mediation proceeding shall be shared equally by the parties participating. The prevailing party in any dispute arising out of or relating to this Agreement or its breach that is resolved by a dispute resolution procedure designated in the Subcontract Documents shall be entitled to recover from the other party reasonable attorney’s fees, cost and expenses incurred by the prevailing party in connection with such dispute resolution process.

ARTICLE 12

MISCELLANEOUS PROVISIONS 12.1 GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina without regard to conflict of laws provisions thereof. Subject to the provisions of Article 11 of this Agreement, the Subcontractor irrevocably submits to the jurisdiction of any state court sitting in Wayne County, North Carolina or any federal court in the Eastern District of North Carolina over any suit, action, or proceeding arising out of or relating to this Agreement. The Subcontractor irrevocably waives, to the fullest extent permitted by law, any objection that Subcontractor may now or hereafter have to the laying of venue of any such suit, action, or proceeding brought in any such court and any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. 12.2 SEVERABILITY The partial or complete invalidity of any one or more provisions of this Agreement shall not affect the validity or continuing force and effect of any other provisions. 12.3 NO WAIVER OF PERFORMANCE The failure of either party to insist, in any one or more instances, upon the performance of any of the terms, covenants or conditions of this Agreement, or to exercise any of its rights, shall not be construed as a waiver or relinquishment of term, covenant, condition or right with respect to further performance. 12.4 TITLES The titles given to the Articles of this Agreement are for ease of reference only and shall not be relied upon or cited for any other purposes. 12.5 JOINT DRAFTING The parties expressly agree that this Agreement was jointly drafted, and that they both had opportunity to negotiate its terms and to obtain the assistance of counsel in reviewing its terms prior to execution. Therefore, this Agreement shall be construed neither against nor in favor of either party, but shall be construed in a neutral manner. 12.6 Any employee making lewd or lascivious comments and/or gestures shall be terminated immediately and removed from the jobsite.

ARTICLE 13

ADDITIONAL SUBCONTRACT DOCUMENTS AND PROVISIONS

As defined in Paragraph 2.3, the following Exhibits are a part of this Agreement. EXHIBIT A The Subcontract Work, pages.

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EXHIBIT B1 List of the Contract Drawings Sheets pages. EXHIBIT B2 List of the Contract Specification Sections pages. EXHIBIT B3 List of the Contract Addenda pages. EXHIBIT C Insurance Provisions, 1 page. EXHIBIT D Unit Prices and Allowances pages. EXHIBIT E Temporary Services, stating specific responsibilities of the Subcontractor pages. EXHIBIT F Safety Policy & Notice 7 pages. EXHIBIT G Sample Certificate of Insurance 3 pages. EXHIBIT H Preliminary Schedule pages. EXHIBIT I Sample Release and Waiver of Claims (Partial - IA and Final - IB) 4 pages. EXHIBIT J Blank North Carolina Sales tax Reports 2 pages. EXHIBIT K Performance and Payment Bonds pages. EXHIBIT L Contractor’s Project Statement 1 page.

ARTICLE 14

FEDERAL GOVERNMENT CONTRACTS The following provisions apply to this Agreement only if the Owner is the Federal Government of the United States: 14.1 FEDERAL ACQUISITION REGULATION This Agreement is governed by the Federal Acquisition Regulation (“FAR”), including without limitation those clauses set forth at FAR 52.301. Because changes to these regulations may be issued at any time and particular agencies may issue supplemental regulations, current FAR provisions and individual project specifications must be consulted. In the event of a conflict between the FAR and this Agreement, the terms and conditions set forth in the FAR shall control. 14.2 OBLIGATIONS FLOWDOWN The Subcontractor binds itself to the Contractor under this Agreement in the same manner as the Contractor is bound to Owner under the Contract Documents, applicable FAR provisions and supplemental agency regulations; and the Subcontractor will so bind its lower-tier subcontractors. The Subcontractor shall make available to its lower-tier subcontractors the Subcontract Documents which are binding on their lower-tier subcontractors. 14.3 NOTICE REQUIREMENTS To the extent the Subcontract Documents or the FAR require the Contractor to give the various specific notices to the Owner as the Subcontract Work progresses, the Subcontractor shall give timely written notice to the Contractor sufficiently in advance of the time limits to enable the Contractor to act in accordance with the Owner's requirements. Otherwise, the Subcontractor will be deemed to have waived any claims based on such events.

ARTICLE 15

OTHER TERMS 15.1 CERTIFIED PAYROLL In the event that the Subcontract Documents require the Contractor's subcontractors to submit certified payrolls, or if the Contractor requests the Subcontractor to submit certified payrolls, the Subcontractor shall submit such certified payrolls in a form which is satisfactory to the Contractor. Proper submission of such certified payrolls in a form satisfactory to the Contractor shall be a condition precedent to any obligation of the Contractor to make payments to the Subcontractor. The Subcontractor's failure to properly submit such certified payrolls or the Subcontractor's submission of a certified payroll which is inaccurate or which includes false or misleading information shall be a material breach of this Agreement and the Subcontractor shall defend, indemnify and hold harmless the Contractor from and against any and all claims, damages, losses, penalties, fines, costs and expenses, including attorneys’ fees, arising out of or resulting from the Subcontractor's failure to submit such certified payrolls or the Subcontractor's submission of a certified payroll which is inaccurate or which includes false or misleading information.

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15.2 BACKGROUND CHECKS Upon the Contractor's request, the Subcontractor shall obtain and provide documentation of background checks satisfactory to the Contractor with respect to all of the Subcontractor's employees, agents, and employees of any of the Subcontractor's subcontractors of any tier who perform any of the Subcontract Work. In the event that the Subcontractor fails to provide to the Contractor satisfactory documentation of such background checks, the Contractor shall have the option, but not an obligation, to have such background checks performed and to backcharge the Subcontractor for the cost of such background checks. 15.3 W-9 FORMS Prior to commencing any Subcontract Work and as a prerequisite to any payments being due to the Subcontractor hereunder, the Subcontractor shall submit to the Contractor a properly completed IRS Form W-9. This Agreement is entered into as of the date entered in Article 1. CONTRACTOR: T. A. LOVING COMPANY ATTEST: BY: PRINT NAME: PRINT TITLE: SUBCONTRACTOR: ATTEST: BY: PRINT NAME: PRINT TITLE:

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EXHIBIT “A”

END OF EXHIBIT “A”

Attachment 2

General Health and Safety Provisions


Attachment 2 – General Health and Safety Provisions 1

T. A. Loving Company’s Standard Safety Requirements:

GENERAL SAFETY AND HEALTH PROVISIONS

Contractor requires full compliance with the requirements of the Occupational Safety and Health Act of 1970,

Construction Safety Act of 1969, and/or all standards and regulations which have been or shall be

promulgated by governmental authorities which administer such Acts, by Subcontractor, its agents,

employees, material men, and subcontractors; and said requirements, standards and regulations are

incorporated herein by reference.

Subcontractor shall comply with said requirements, standards and regulations, and require and be directly

responsible for compliance therewith on the part of its agents, employees, material men and subcontractors;

and shall directly receive and be responsible for all citations, assessments, fines or penalties which may be

incurred by reason of its failure or failure on the part of its agents, employees, material men or subcontractors,

to so comply.

1. Pre-Engagement Requirements - Prior to the start of work on the Project, Subcontractor shall:

1.1. Provide to T. A. Loving Company a list of all first-aid/CPR trained employees on the Project,

including expiration dates, and update when requested.

1.2. Submit to T. A. Loving Company and update as required, Subcontractor’s Hazard Communication

Program, Safety Data Sheets (SDS) and chemical inventory list for the Project.

1.3. Provide to T. A. Loving Company a copy of its job specific project safety plan.

1.4. Each Subcontractor shall always have an OSHA defined “Competent Person” on site, while their

scope of work is being performed. Designate a responsible member of the organization at the site

whose duty shall include prevention of accidents. This person shall be the subcontractor’s

superintendent (or the highest-ranking on-site supervisor) unless otherwise designated by the

subcontractor in writing to T. A. Loving Company. This designated person is responsible for insuring

that the General Safety and Health Provisions are being followed. This person shall have the

responsibility and authority to promptly correct deficiencies as they occur including stopping

subcontractor’s work and/or expending funds to correct dangerous situations. On-site safety

representative shall perform a weekly job site safety inspection, a copy of which must be provided

to T. A. Loving Company when requested.

1.5. If different from person, indicated in 1.4, provide name of competent person for trenching/excavation

activities.

1.6. Per OSHA 1926.1153, each subcontractor covered by the silica standard shall establish and

implement a written silica exposure control program that identifies tasks that involve potential

exposure and methods the company will use to protect employees. Procedures and protocols may

include restricting access to work areas where high exposures may occur, designation of a

competent person to implement the plan, restricting housekeeping practices that expose employees

to silica where feasible alternatives are available, and use of appropriate tools and work practices

to minimize the potential for exposure. The plan must be reviewed prior to the start of work.



2. Project and Safety Orientation:

2.1. Subcontractor shall conduct a project and safety orientation for each of its employees on the

employee’s first day assigned to this Project. Orientation shall include T. A. Loving’s safety

requirements as indicated in this exhibit as well as Subcontractor specific items related to its own

work.

3. Training Meetings:

3.1. Subcontractors shall have their own employee safety training meetings weekly pertinent to potential

work hazards that may be encountered. Subcontractor must maintain documentation signed by

those in attendance in either instance.

4. Accident Notification:

4.1. All accidents, injuries, or liability claims concerning the work or adjacent areas, regardless of

severity, must be reported to T. A. LOVING IMMEDIATELY. A written report is to be furnished to

T. A. Loving no later than 24 hours after the occurrence.

5. Clothing and Personal Protective Equipment:

5.1. Subcontractor is responsible for providing all personal protective devices for its employees, i.e.,

hard hats, safety harnesses, lanyards, ear plugs, face shields, respirators, safety glasses, high

visibility vest/shirts, etc.

5.2. All subcontractors shall have company logos/names on hard hats for identification purposes. HARD

HATS must be worn at all times by EVERYONE in the working area.

5.3. Appropriate eye and/or face protection must be worn when burning, cutting, grinding, chipping,

welding, etc., is taking place. If Subcontractor has the need to use a face shield, welding or cutting

shields or other devices, then Subcontractor must provide and use the type, which attach to hard

hats so that helmets may be worn 100% of the time.

5.4. Everyone must wear SHIRTS WITH SLEEVES, LONG PANTS, AND HARD SOLE WORK BOOTS

OR WORK SHOES. NO TANK TOPS, CUT OFFS, TENNIS SHOES, ETC.

5.5. Subcontractor must provide full fall protection at exposed falls of 6 feet or greater. The full body

harness, lanyards, and connection points shall be as provided under Federal, State, and/or Local

safety related laws or regulations. The lanyard(s) shall be securely attached to the employee’s

harness and appropriate connection point 100% of the time while the fall exposure exists.

5.6. Reflective High Visible Safety Vests (Class 2 or Class 3 Rated) must be worn at all times by

EVERYONE in the working area. This includes interior as well as exterior working areas. Class 2

or Class 3 Reflective Apparel is allowed in the place of a Safety Vest. In all cases, clothing or vest

must have “Reflection” in the garment; not just High Visibility Coloring.



5.7. Eye protection shall be worn at all times by EVERYONE while in the working area. All personnel on

the job site will wear ANSI Compliant Z87.1 Standard Impact Resistant Eyewear while working on

the job site. Employees, Subcontractors, Trade Partners, and Owner Representatives will wear this

safety approved Eyewear 100% of the time while on the job site.

5.8. Dry cutting / drilling / grinding / jack hammer operations of any material that produces Silica dust will

not be allowed. Wet methods with an integrated continuous water feed, or local exhaust ventilation

system with approved HEPA filters, or tools designed with HEPA Filtration collection systems can

only be used on T. A. Loving Company Project Sites. Subcontractors must provide a Site Specific

Silica Exposure Control Plan, prior to the start of any work on site.

6. Environmental:

6.1. Environmental Protection. Subcontractor shall be responsible for compliance with all applicable

environmental protection requirements, codes and regulations. In addition, Subcontractors shall:

6.1.1. Not bring upon or prepare on the Project site, nor shall any of its subcontractors or suppliers

bring upon or prepare on the Project site, any products or materials that are considered

hazardous substances by EPA, CERCLA or comparable State or local regulatory agencies.

Upon notice from Owner, Architect or Contractor, Subcontractor shall remove any such

materials provided in violation of Article 28 at its sole responsibility and expenses.

6.1.2. Promptly notify Contractor, in writing, of any such materials if they are included in the

specifications and/or in any specified materials or products, or if they are encountered on the

Project.

6.1.3. Comply will all Federal, State or local environmental and natural resource regulations and laws

applicable to Subcontractor’s Work.

6.1.4. Indemnify and hold harmless Contractor from and against any and all fines, penalties, demands

or other losses (including attorney’s fees) incurred by Contractor or claimed by any person,

company or governmental entity relating to (a) any contamination of any property, water, air or

groundwater due to the use or presence of the Subcontractor; (b) Subcontractor’s violation of

any laws, regulations or other requirements of federal, state or local governmental authorities

in connection with use or presence on site or (c) any violation of Subcontractor’s obligations

imposed under this paragraph. Without limitation, this indemnity provision shall extend to any

cleanup and investigative costs relating to any contamination of the premises arising or

resulting from, in whole or in part, Subcontractor’s work or any other activities by or on behalf

of Contractor occurring on or about the premises. Subcontractor further agrees not to dispose

of any trash, debris or wastes, including hazardous waste, on the premises and will not conduct

any activities on the premises, which would require a hazardous waste treatment, storage or

disposal permit.

7. Site Use:

7.1. Parking and staging are restricted and subsequently, a need to utilize offsite facilities is necessary.

All parking and/or staging will require prior approval by T. A. Loving Company.

7.2. “Horseplay” is not permitted on our job site.



7.3. Intoxicants (alcohol & drugs) are not permitted on our job site and offenders will be dismissed from

the job site immediately.

7.4. Only authorized persons are allowed in the work area.

7.5. No radios, CD’s, tape players, headphones or similar devices will be allowed in the work area with

the exception of two-way radios. T. A. Loving Company must approve frequency as Owner's

equipment may be affected.

7.6. No glass containers of any type will be permitted on site.

7.7. T. A. Loving has a “Zero Tolerance” for weapons of any type on our projects. Firearms or weapons

of any type including licensed or permitted concealed weapons will not be allowed on any T. A.

Loving Project Site. Violators of this policy are subject to removal from the project.

7.8. T. A. Loving Company’s projects are “Tobacco and Vaping Product Free”. This includes smoking,

snuff, chewing products, and Vaping. Site Management Personnel reserve the right to establish an

area designated for these activities and / or reserve the right to deny use of these products on 100%

of the site.

7.9. Cat Calling, or any inappropriate language will not be tolerated. Anyone caught using Explicate or

Inappropriate Language, Whistling, or Cat Calling will be removed from the site immediately; and

will not be allowed to return to the site. NO Warning will be issued.

7.10. The Subcontractors work areas will be kept clean, to include daily removal of trash and

debris. Barricades and / or Barriers are required around floor openings; excavations; and roof

openings. Warning signage is required to be posted and is to be deployed at all times in areas where

notification of these hazards are required and needed.

8. General:

8.1. All flammable liquids must be in approved safety containers.

8.2. Strict adherence to all posted signage is mandatory.

8.3. Know where job fire extinguishers are and how to use them. Subcontractors are responsible for

providing their own extinguishers.

8.4. Provide adequate on-site first aid supplies and capabilities.

8.5. Always keep OXYGEN and ACETYLENE cylinders secured in an upright position and protection

valve cover in place, unless cylinders are in use. Keep cylinders separated per OSHA

requirements and standards

8.6. ELECTRICAL TOOLS must be grounded or double insulated types. Damaged, or otherwise

bad, cords are not allowed. Ground-fault circuit interrupters must be provided as required when

using portable tools.

8.7. All electrical equipment, which can be energized, must be tagged and locked out to prevent

inadvertent contact or start-up when being serviced or installed.

8.8. All power tools and equipment shall be inspected each day; before use, and will be maintained

in safe working condition.

8.9. The subcontractor is to provide all scaffolding and ladders to complete his/her work. This

equipment shall meet OSHA Standards for certified erection, inspection, and dismantling per

guidelines and be maintained by Subcontractor requiring.



8.10. The contractor will provide safety rails as required to maintain safety. Subcontractor shall be

responsible for replacement of safety rails that are removed or damaged in connection with his

work.

8.11. T. A. Loving requires that wiring used for supplying temporary power and lighting shall meet all

local and National Electrical Codes. T. A. Loving further requires that the support method used

for the temporary wiring shall ensure that the all metallic surfaces and personnel are protected

from accidental contact with energized circuits due to damage of the temporary wiring protective

jackets or raceways caused by pressure at the support point or damage caused by improper

support devices.

8.12. Subcontractors are responsible for providing work task lighting for its employees and second

and lower tier Subcontractors.

8.13. All soils in regard to excavation, trenching, sloping, etc. shall be treated as Type “C” unless

otherwise classified in writing by a registered Professional Engineer or a qualified testing

company.

8.14. All electrical extension cords shall be UL labeled and shall be #12 gauge or larger. Any damaged

extension cord will be removed from the job site immediately.

8.15. All electrical power cords shall be suspended when possible.

8.16. Crane Operator shall be “Certified” by a nationally recognized agency.

8.17. Use of a cell phone and / or Blue Tooth devices on T. A. Loving Company Job Sites by

Subcontractor or Trade Partner personnel is limited to “Authorized Personnel Only”.

Authorization may be obtained through the On-Site Orientation Process. Violations of this policy

may result in disciplinary action up to and including removal from the job site

9. Disciplinary Policy:

9.1. The Subcontractor agrees to enforce compliance with the following disciplinary actions as a result

of a written Warning for committing a safety violation:

9.1.1. First Offense: Employee given written warning.

9.1.2. Second Offense: If within a 60-day period of the first offense, the Employee will be

suspended two workdays from any T. A. Loving Project. Suspension will begin upon

issuance of Warning and will include two full workdays; excluding any part of actual day

Warning is issued.

9.1.3. Third Offense: If within 12-month period will be prohibited on any T. A. Loving Projects for

a minimum of 90 days.

This Program is the minimum performance standard and not intended to take the place of a Subcontractor’s Disciplinary

Policy. Imminent danger type safety violations can result in immediate and permanent removal from the Project.



The above safety rules are not complete and do not relieve the subcontractor from general safety and health

provisions.

We have read and understand the foregoing, and agree to comply with the provisions.

ADMINISTRATIVE ACKNOWLEDGED

Date: Date:

T. A. LOVING COMPANY

(Subcontractor)

BY: BY:

TITLE: TITLE:

NOTICE! THIS ADVISAL MUST BE SIGNED BY A DULY AUTHORIZED REPRESENTATIVE OF THE

SUBCONTRACTOR AND RETURNED WITH THE SIGNED SUBCONTRACT.

JOB SITE SUPERVISION ACKNOWLEDGEMENT:

Superintendent/Forman :

Date:

(Subcontractor)

BY:

TITLE:

Attachment 3

Release of Liens Form


Attachment 3 – Release of Liens Form 1

PARTIAL RELEASE AND WAIVER OF CLAIMS

Subcontractors and Material Suppliers

STATE OF ______________________

COUNTY OF ____________________

Personally appeared before me the undersigned authority in and for said County and State

______________________________________, ___________________________________of (Name) (Position/Title)

______________________________________, who being authorized and duly sworn by me (Company)

states on oath that all payrolls, material bills, sales tax, privilege tax or license, old age benefits tax, state and federal

unemployment insurance, and other liabilities have been paid in full or that funds are in hand to discharge such liabilities

when due, incurred for use in the performance of subcontract or furnishing material for

___________________________________________________________ ,

(Project)

____________________________, _______________ and upon receipt of a check in the amount (City) (State)

_____________________________ waives any claims and releases T. A. Loving Company and/or

_______________________________ from any rights or claims for debts due and owing (Owner)

by virtue of the furnishing of any material, and/or supplies of an lien thereon.

By:

Type Name:

Title:

Date:

Sworn and subscribed to me this

day of , 20

_________________________________________ Notary Public

Commission Expires: ______________________

Attachment 4

North Carolina Sales Tax Form


Attachment 4 – North Carolina Sales Tax Form 1

NORTH CAROLINA SALES TAX REPORT

PROJECT NO.

PROJECT NAME:

PROJECT LOCATION:

COUNTY

CONTRACTOR:

PERIOD ENDING:

STATE COUNTY TAX

SUPPLIERS / SUBCONTRACTORS 4.50% 2.50% TOTAL

TOTAL:

I CERTIFY THAT THE ABOVE LISTED VENDORS WERE PAID SALES TAX UPON PURCHASE 0F BUILDING MATERIALS DURING THE PERIOD COVERED BY THIS CONSTRUCTION ESTIMATE, AND THE PROPERTY UPON WHICH SUCH TAXES WERE PAID HAS BEEN OR WILL BE USED IN IN THE PERFORMANCE OF THIS CONTRACT. NO TAX ON PURCHASES OR RENTAL OF TOOLS AND/OR EQUIPMENT IS INCLUDED IN THE LIST ABOVE. ALL OF THE MATERIALS LISTED ABOVE BECAME A PART OF OR IS ANNEXED TO THE BUILDING OR STRUCTURE BEING

ERECTED, ALTERED, OR REPAIRED.

SWORN TO AND SUBSCRIBED BEFORE ME

THISE DAY OF

CHIEF FINANCIAL OFFICER

SEAL

NOTARY PUBLIC

County, North Carolina

Attachment 5

Subcontractor Insurance Requirements


Attachment 5 – Subcontractor Insurance Requirements 1

SUBCONTRACTOR INSURANCE REQUIREMENTS

The Subcontractor shall purchase and maintain insurance of the following types of coverage and limits of liability:

1) Commercial General Liability (CGL) with limits of Insurance of not less than $1,000,000 each

occurrence and $2,000,000 Annual Aggregate.

a. If the CGL coverage contains a General Aggregate Limit, such General Aggregate shall

apply separately to each project.

b. CGL coverage shall be written on ISO Occurrence from CG 00 01 1093 or a substitute form

providing equivalent coverage and shall cover liability arising from premises, operation,

independent contractors, products-completed operations, and personal and advertising

injury.

c. General Contractor, Owner and all other parties required of the General Contractor, shall be

included as insureds on the CGL, using ISO Additional Insured Endorsement CG 2033 or

an endorsement providing equivalent coverage to the additional insureds. This insurance for

the additional insureds shall be as broad as the coverage provided for the named insured

subcontractor. It shall apply as Primary Insurance before any other insurance or self-

insurance, including any deductible, maintained by, or provided to, the additional insured.

d. Subcontractor shall maintain CGL coverage for itself and all additional insureds for the

duration of the project and maintain Completed Operations coverage for itself and each

additional insured for at least 5 years after completion of the Work.

2) Automobile Liability

a. Business Auto Liability with limits of at least $1,000,000 each accident.

b. Business Auto coverage must include coverage for liability arising out of all owned, leased,

hired and non-owned automobiles.

c. General Contractor, Owner and all other parties required of the General Contractor, shall be

included as insureds on the auto policy.

d. The policy will include a waiver of subrogation.

3) Commercial Umbrella

a. Umbrella limits must be at least $1,000,000.

b. Umbrella coverage must include as insureds all entities that are additional insureds on the

CGL.

c. Umbrella coverage for such additional insureds shall apply as primary before any other

insurance or self-insurance, including any deductible, maintained by, or provided to, the

additional insured other than the CGL, Auto Liability and Employers Liability coverages

maintained by the Subcontractor.


Attachment 5 – Subcontractor Insurance Requirements 2

4) Workers Compensation and Employers Liability

a. Coverage will cover all of Subcontractor’s Employees, officers, directors, shareholders, agents, owners, volunteers and consultants.

b. Employers Liability Insurance limits of at least $500,000 each accident for bodily injury by

accident and $500,000 each employee for injury by disease.

c. Where applicable, U.S. Longshore and Harborworkers Compensation Act Endorsement

shall be attached to the policy.

d. Where applicable, the Maritime Coverage Endorsement shall be attached to the policy.

e. Policy will contain a “Waiver of Subrogation” that runs in favor of the Contractor as outlined in the

terms and conditions of the contract. Policy should contain ISO “Waiver of Subrogation:

Endorsement #WC000313 (04/84) or Equivalent Form or language

5) Professional Liability

a. Where the included work requires engineers stamp, delegated design, etc.

b. Professional Liability insurance limits of at least $1,000,000 per claim and aggregate of

$2,000,000.

c. Maximum deductible per claim shall not be greater than $25,000.

6) Each policy listed above and issued in the name of the subcontractor shall include an endorsement

stating that the policy will not be cancelled until at least 30 days’ prior notice has been given to TA

Loving Company. The words “endeavor to” and “but failure to mail such notice shall impose no

obligation or liability of any kind upon the company, its agents or representatives” shall be removed

from the cancellation clause.

7) Certificates of insurance acceptable to TA Loving Company shall be filed with TA Loving Company

prior to the commencement of the Subcontractor’s work. Subcontractors are requested to furnish

blanket certificates of insurance in lieu of job specific. Attached to each certificate of insurance shall

be a copy of the Additional Insured endorsement that is part of the Subcontractor’s Commercial

General Liability Policy. See Exhibit G for sample certificate of insurance.

Attachment 6

APPLICATION FOR PAYMENT

Attachment 7

CHANGE ORDER FORM


Attachment 7 – Change Order Form 1

SAMPLE CHANGE ORDER FORM


Attachment 7 – Change Order Form 2

Attachment 8

SAMPLE DISCLOSURE FORM


Attachment 8 – Disclosure Policy 1

SAMPLE DISCLOUSURE FORM