DETENTION CENTER COOLING TOWER REBUILD, FAYETTEVILLE, NORTH CAROLINA

SPECIFICATIONS
For
CUMBERLAND COUNTY
ENGINEERING DEPARTMENT
DETENTION CENTER
COOLING TOWER REBUILD

CONTENTS
Invitation For Bid .............................................................................................................................3
General Conditions of the Contract for Construction ......................................................................5
Supplementary General Conditions .................................................................................................6
Division 1 - General Requirements ...............................................................................................10
Bid .................................................................................................................................................13
Contract .........................................................................................................................................16
EJCDC General Conditions ...........................................................................................................20
2

INVITATION FOR BID
CUMBERLAND COUNTY
ENGINEERING DEPARTMENT
DETENTION CENTER COOLING TOWER REBUILD, FAYETTEVILLE, NORTH CAROLINA
Cumberland County, North Carolina
Pursuant to Section 143-131 of the General Statutes of North Carolina, informal bids are solicited and will be
received in the office of the Cumberland County Engineering Department, Room 214, in the Historic Courthouse
located at 130 Gillespie Street, Fayetteville, North Carolina at any time before 2:30 pm as per the clock located
in the Engineering office on April 15, 2026. It is the sole responsibility of the vendor to ensure that the bid reaches
the destination listed above by the designated time and hour. Bids received after the specified date and time will
be rejected.
The Engineering Department encourages all questions to be submitted by 3pm, Monday, April 6, 2026 to
Engineering Project Manager, Donna Rice, via email at drice@cumberlandcountync.gov with the subject
"DETENTION CENTER COOLING TOWER REBUILD".
Bids must be received via email at drice@cumberlandcountync.gov or delivered (in person or via mail delivery)
to Donna Rice, Engineering Project Manager, 130 Gillespie Street, Room 214, Fayetteville, NC 28301. If
delivering bids the outside of the envelope must be marked "BID FOR DETENTION CENTER COOLING
TOWER REBUILD". Bids must be submitted on the printed form, or exact copies thereof, contained in the
Contract Documents.
Bidder shall 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 or an affidavit indicating work under Contract
will be self-performed, as required by G.S. 143-128.2(c) and G.S. 143-128.2(f). Failure to comply with these
requirements is grounds for rejection of the bid.
The Owner will require the apparent Low Bidder to qualify himself to be a responsible Bidder by furnishing
Affidavit C or Affidavit D of the MWBE Participation Program.
A bid bond in the amount of 5% is required for this project.
Performance and Payment Bonds are required.
All Contractors are notified that North Carolina Statutory provisions as to licensing for Contractors will be
observed in receiving, reading and awarding of contracts.
Plans and specifications, including Contract Documents, are open to public inspection and available upon request
at the Cumberland County Engineering Department Office, 130 Gillespie Street, Fayetteville, NC.
All addendums and/or corrections will be sent by email to vendors who submit an intent to bid and be posted to
the Cumberland County Vendor Self Service site
https://ccmunis.co.cumberland.nc.us/vss/Vendors/VBids/Default.aspx.
PROHIBITED COMMUNICATION: Each vendor submitting a bid, including its representatives,
subcontractors, and suppliers, is prohibited from having any communication with any employees or members of
the board of commissioners of the County except those employees of the Engineering Department as designated
3

in this invitation for bid. A vendor who does not comply with this provision may be disqualified from award of a
contract.
!IMPORTANT INFORMATION! CONFIDENTIAL INFORMATION: The bid must not contain any
information marked as "confidential" or as a "trade secret" or in any other manner as to indicate that it is
information protected by the Trade Secrets Protection Act ( the "Act") as set out in Article 24 of Chapter 66 of
the North Carolina General Statutes, unless the vendor has noticed the Engineering Department of its intent
to designate any information in the bid as such and received permission from the Engineering Department
to do so in writing. Vendor's notice to the Engineering Department must be in writing and must describe the
information for which confidentiality is requested and explain how the information is a "trade secret" as defined
in G.S. 66-152(3). If the Engineering Department determines the information for which confidentiality is
requested is a "trade secret" covered by the Act, it will notify the vendor how to mark the information in the bid
and will identify the measures that Engineering will take to protect the confidentiality of the information.
Vendor's submission of a bid after receipt of this notice from the Engineering Department shall be deemed to be
acceptance of the Engineering Department's statement of how it will maintain confidentiality. If the Engineering
Department determines the information for which confidentiality is requested is not a "trade secret" covered by
the Act, it will notify vendor of that determination. Any bid marked with any information as "confidential" or as
a "trade secret" or in any other manner as to indicate that it is information protected by the Act in violation of this
section shall be regarded as not responsive to the invitation for bids and shall not be considered.
The County reserves the right to reject any or all bids and to waive informalities or irregularities. The bidder to
whom the contract may be awarded must comply with the requirements of G.S. Section 143-131, as amended.
No bids may be withdrawn after the scheduled closing time for the receipt of bids for a period of sixty (60) days.
4

GENERAL CONDITIONS
A. The "General Conditions" referred to in this and the following section of the specifications is EJCDC
"Standard General Conditions of the Construction Contract", EJCDC No. C-700 (2013 Edition) and
SHALL BE considered Section II of this specification.
B. Wherein the Supplementary Conditions are in conflict with the "General Conditions" (EJCDC No. C-700
(2013 Edition), the Provisions of the Supplementary Conditions SHALL govern.
C. All work is to be performed by Contractors licensed in their respective fields of competence.
5

SUPPLEMENTARY GENERAL CONDITIONS
GENERAL
The following Supplements modify, change, delete from or add to the "Standard General Conditions of the
Construction Contract". Where any Article of the General Conditions is modified or any Paragraph, Subparagraph
or Clause thereof is modified or deleted by these supplements, the unaltered provisions of that Article, Paragraph,
Subparagraph or Clause shall remain in effect.
DEFINITIONS:
A. "Owner" or "County" Cumberland County, North Carolina
B. "Engineer" Cumberland County Engineering Department
C. "Drawings" All drawings, or reproductions of drawings pertaining to the construction under the
Contract.
D. "Work" or "Project" The work shown on the drawings and specified herein.
CONTRACT COMPLETION TIME AND LIQUIDATED DAMAGES:
The time for completion of the work including clean-up, under this contract shall be 60 calendar days from the
date specified in a written "Notice to Proceed" to the Contractor(s). Liquidated damages in the amount of $500.00
per day for each day in excess of the time allowed will be deducted from the contract amount to be paid to the
Contractor(s).
See General Conditions of the Contract, Article 15, regarding construction schedules, delays and extensions of
time.
Project must be complete and turned over to Cumberland County prior to February 28, 2027.
Project will not be deemed complete until Contractor has passed all required inspections, performed start-up per the
manufacturer's instructions, and all work has been completed.
NORTH CAROLINA SALES TAX:
The following procedure shall be followed relative to the North Carolina Sales Tax applicable to this project.
Contractors shall comply fully with the requirements outlined hereinafter, in order that the County may recover
the amount of the tax permitted under the law.
A. It shall be the Contractor's responsibility to furnish the County documentary evidence showing the
materials used and sales tax paid by the Contractor and each of his subcontractors. Such evidence shall be
transmitted to the County together with the Contractor's monthly payment request on the form provided
by the County.
B. The documentary evidence shall consist of a certified statement, by the Contractor and each of his
subcontractors individually showing total purchases of materials from each separate vendor, total sales
taxes paid to each vendor, and the county to which the local sales tax was paid. The certified statement
must show the invoice number, or numbers, covered and inclusive dates of such invoices.
C. Materials used from Contractor's or subcontractor's warehouse stock shall be shown in a certified
statement at warehouse stock prices.
6

D. The Contractor shall not be required to certify the subcontractor's statements.
E. The documentary evidence to be furnished to the County eligible for sales tax refunds covers sales taxes
paid on building materials, supplies, fixtures and equipment which become a part of or annex to buildings
or structures being erected, altered or repaired under contracts with governmental units.
F. The Contractor to whom award is made on this project will be required to follow the procedure outlined
above. Failure to comply with these requirements will result in delays in payment to the Contractor.
PLANS AND SPECIFICATIONS:
The Engineer will furnish to the Contractor two (2) copies of the Plans and Specifications, and the Contractor
shall have available on the site at all times during the prosecution of the work one copy of said Plans and
Specifications. This copy shall be accurately marked by the Contractor indicating all approved changes occurring
during the construction process and delivered to the Engineer upon completion of the project.
MANUFACTURER'S RECOMMENDATIONS AND CERTIFICATION:
The Contractor shall submit to the Engineer for approval a list of proposed materials, equipment, or products to
be incorporated in the work, within (10) days after award of the Contract.
The Contractor shall submit to the Engineer, the manufacturer's recommendations for each material or procedure
to be utilized which is required to be in compliance with such recommendations. The Contractor shall have a copy
of the manufacturer's instructions available at the construction site at all times and shall follow these instructions
unless otherwise directed by the Engineer.
The Contractor shall be responsible at his own expense to provide certification to the Engineer by the
manufacturer that all materials used for this project meet project specifications and are in compliance with
referenced American Society for Testing Materials (ASTM). Materials or material suppliers shall not be changed
after submittal or certifications without written approval by the Engineer. Any changes and re-certification cost
shall be at the Contractor's expense and approval.
CONTRACTORS INSURANCE:
The Contractor shall not commence work under this Contract until he has obtained all insurance required below
and submitted to the Owner in the form of a Certificate of Liability Insurance naming the County of Cumberland,
P.O. Box 1829, Fayetteville, NC 28302 as the certificate holder, and such insurance has been approved by the
Owner; nor shall the Contractor allow any subcontractor to commence work until such insurance has been
obtained and approved. If a subcontractor does not take-out insurance in his own name and his principle
Contractor wishes to provide insurance protection for such subcontractor and such subcontractor's employees, a
rider must be attached to the principal policy, the Contractor must take out appropriate policies in the name of the
subcontractor.
Minimum acceptable coverages are as follows:
Workers Compensation Statutory
General Liability $1,000,000
Vehicle Bodily Injury $300,000 per Occurrence
$500,000 Annual Aggregate
Property Damage $500,000 Annual Aggregate
7

The Contractor and/or subcontractors shall furnish and keep in force the insurance requirements for a period of
one (1) year after completion and acceptance of the work by the Owner. The certificate is to make reference to
the project and the Owner.
FIELD DIRECTIVES FROM THE ENGINEER:
The Contractor shall communicate with and take field directives only from the Engineer or his representative.
Any and all changes in the work are to be accomplished only by written change order or written field orders which
can be issued only by the Engineer or his representative. No claims for monetary or other considerations will be
allowed that are based on verbal agreements only or that are based on Contractor agreements with any agent other
than the Engineer or his representative.
FORCE ACCOUNT WORK:
Should unforeseen circumstances arise which, in the opinion of the Engineer, require work to be done for which
no price can be agreed upon, the Engineer may require that the work be done on a force account basis. Work done
on this basis shall be paid as follows:
a. Skilled and common labor at the regular rate of pay for such men. Pay for the foreman may be included
provided in the judgment of the Engineer, a foreman is required.
b. To the foregoing shall be added such social security and old age benefit payments made by the Contractor.
c. Materials used, to be listed with invoices.
d. Equipment used shall be paid for at an hourly rate schedule mutually agreed upon, but in no case shall it
exceed the hourly rate schedule established for such units by the Associated General Contractors.
To the sum of a, b, c, and d shall be added ten percent (10%) for overhead and profit.
When force account work has been authorized, such authority shall be in writing.
LOCAL LAWS AND REGULATIONS:
The Bidder's attention is directed to the fact that all applicable state laws, municipal ordinances, and the rules and
regulations of all authorities having jurisdiction over construction of the project shall apply to the Contract
throughout, and they will be deemed to be included in the contract the same as though herein written out in full.
The Contractor will be responsible for notifying proper inspectors at various stages of construction for inspection
and approval before continuing his work.
PERMITS AND LICENSES:
The Contractor shall procure and pay all charges and fees for all permits and licenses incidental to the due and
lawful prosecution of the work.
CONSTRUCTION TRASH & DEBRIS REMOVAL:
During construction of the Project, the Contractor shall be responsible for the removal of any trash or debris
created by his work to an approved disposal site. The site will be maintained in a clean condition at all times.
Trash and debris from daily operations are to be stored in appropriate storage containers or trucks until removal
to the disposal facility.
8

PAYMENTS:
Payments shall be made on a basis of 95% of monthly estimated cost of labor and materials, including freight or
hauling on receipted bills until the work is 50% complete. Upon completion of 50% of the work, no additional
retainage shall be held provided the work is progressing satisfactorily. If the Contractor fails to maintain the work
on schedule, the Owner has the right to reinstate retainage such that the total amount withheld does not exceed
2.5% of the total contract amount. The contract payment shall be due and payable within fifteen (15) days after
the Contractor's invoice has been certified for payment by the Engineer, the balance to be paid upon completion
and acceptance of the job. Final payment shall be made to the Contractor within thirty (30) days after all work
has been finally completed and each and every provision of the specifications and accompanying drawings
comply with to the Owner's or Engineer's satisfaction. Acceptance of the completed job shall be made by the
Owner or his representative and the Engineer not later than the 25th of the month following in order to receive
consideration.
DISPUTE RESOLUTION:
The parties must resolve any claim, dispute or other matter in contention arising out of, or relating to, this Contract
which involves $15,000 or more through the following procedure. The parties shall first negotiate in good faith
to reach an equitable settlement to the dispute. If a negotiated settlement cannot be reached within 10 business
days, the parties shall submit to mediation. The parties shall select a mediator, licensed by either North Carolina
or federal courts and mutually agreeable to all parties in the dispute to conduct the proceedings which shall be
held at the Owner's place of business. If the parties cannot agree on the selection of a mediator within 10 business
days, then the parties agree that the Cumberland County Attorney shall select the mediator. The mediators cost
shall be equally shared by all parties to the dispute. If a mediated settlement cannot be reached, the final recourse
to the aggrieved party is legal action instituted and tried in the General Court of Justice of North Carolina under
North Carolina Law with venue for trial being Cumberland County. No party shall have a right to resort to
litigation until mediation shall first have occurred and not been successful.
In accordance with North Carolina General Statute 143-135.26(12) and as a condition to this Contract, the prime
CONTRACTOR shall incorporate this dispute resolution clause in any and all contracts with first-tier
subcontractors who in turn shall incorporate this clause in any contracts with lower-tier subcontractors.
WARRANTY
Contractor shall provide 1-year complete parts and labor warranty for all work.
END OF SECTION
9

DIVISION ONE - GENERAL REQUIREMENTS
SECTION 01110 - SUMMARY OF WORK
Single prime cooling tower manufacturer representative rebuild contractor shall provide all labor, equipment,
and materials necessary for turnkey cooling tower rebuild services for cooling tower 1 and 2 at the
Cumberland County Detention Center at 204 Gillespie St, Fayetteville, NC 28301.
Provide cooling tower 1 and 2 rebuild for 2-cell 3000 series BAC cooling towers model number 33269-
2GWS (Serial Number: U000473801). Contractor to provide:
* Mobilize and set up jobsite.
Complete necessary site access procedure for the Detention Center.
o
Contractor staging area onsite shall include 3 parking spots adjacent to the cooling towers.
o
Receive materials upon delivery. Factory components may ship directly to the job site prior to
o
contractor's arrival. Contractor responsible for offload of the materials upon delivery, storage
protection and stage at the site.
Contractor shall provide the jobsite dumpsters for proper disposal of materials.
o
* Fill, Air Inlet Louver, and drift eliminator material replacement
Remove the existing scaled PVC fill material and fill supports from the cooling towers.
o
Once the material has been removed from the tower, pressure wash the entire interior of the cells
o
(including basins) to remove heavy bio growth, sediment, and algae.
Mineral scale removal to the extent that it can be removed without producing damage to the
o
underlying substrate. Any damage to existing materials to remain must be repaired or replaced by
the contractor.
Place the old fill material, debris, and trash into job site dumpsters that are provided by the
o
contractor.
Furnish and install new original equipment manufacturer (OEM) BAC Versacross fill material
o
with an integral louver and integral drift eliminator design. Include new galvanized fill support
brackets and support bars.
Install via manufacturer installation instructions.
o
* Water Baffles Replacement
Remove the existing deteriorated water baffles (located above the fill material). Place the
o
deteriorated material into job site dumpsters for disposal.
Furnish and install new hot dip galvanized OEM water baffles.
o
All hardware and fasteners shall be stainless steel.
o
* Structural Corner Column Replacement
Remove the (quantity 1) heavily corroded / deteriorated structural corner on the East Cell.
o
Place the deteriorated structural corner column into the job site dumpsters for disposal.
o
Furnish and install a new hot dip galvanized structural corner column to match the original
o
equipment construction.
Includes new stainless-steel hardware and fasteners.
o
10