Judge E. Maurice Braswell Cooling Tower Rebuilds

SPECIFICATIONS
For
CUMBERLAND COUNTY
ENGINEERING DEPARTMENT
JUDGE E. MAURICE BRASWELL COURTHOUSE
COOLING TOWER REBUILD
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CONTENTS
Invitation For Bid .............................................................................................................................3
General Conditions of the Contract for Construction ......................................................................5
Supplementary General Conditions .................................................................................................6
Division 1 - General Requirements ...............................................................................................10
Bid .................................................................................................................................................16
Contract .........................................................................................................................................19
EJCDC General Conditions ...........................................................................................................23
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INVITATION FOR BID
CUMBERLAND COUNTY
ENGINEERING DEPARTMENT
Judge E. Maurice Braswell Courthouse Cooling Tower Rebuild, FAYETTEVILLE, NORTH CAROLINA
Cumberland County, North Carolina
A mandatory pre-bid conference will be held at 10:00 AM on SEPTEMBER 2, 2026, at the project site, 117
Dick Street, Fayetteville NC 28301. Contractors will convene in front of the Courthouse. Please see the map
included for location and parking. All visitors will be required to go through the main security desk and metal
detectors.
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 10:00 AM as per the clock
located in the Engineering office on SEPTEMBER 30, 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. Bids will be publicly opened in the office of the Cumberland
County Engineering Department in the Historic Courthouse and read for construction of the proposed.
The Engineering Department encourages all questions to be submitted to Engineering Project Manager, Donna
Rice, via email at drice@cumberlandcountync.gov with the subject "JUDGE E. MAURICE BRASWELL
COURTHOUSE COOLING TOWER REBUILD" before the conference such that adequate responses may be
provided. Individual telephone responses are discouraged. All questions will be fielded at the pre-bid conference.
Bids must be enclosed in a sealed envelope addressed to to Donna Rice, Engineering Project Manager, 130
Gillespie Street, Room 214, Fayetteville, NC 28301. The outside of the envelope must be marked "BID FOR
JUDGE E. MAURICE BRASWELL COURTHOUSE COOLING TOWER REBUILD" and shall indicate
the name, address, telephone number and state license number of the bidder. 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.
Bid security is required in the amount of 5% of the bid in cash, certified check, or Bid Bond.
Performance and Payment Bonds for 100% of the contract amount will be 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.
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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
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.
Cumberland County reserves the right to reject any and 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.
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COURTHOUSE AREA PARKING
- ADA Parking
* Courthouse Visitor Parking
* No Public Parking- Towing Enforced
Courthouse & County Staff Parking with Parking Pass Only
* Jury, Reserved & Law Enforcement Visitors Only
CJ Building Footprint
Pre -bid Meeting
Location
THE COUNTY OF CUMBERLAND AND ITS GIS DEPARTMENT DISCLAIMS ACCOUNTABILITY FOR THIS PRODUCT AND MAKES NO WARRANTY EXPRESSED OR IMPLIED CONCERNING THE ACCURACY THEREOF. RESPONSIBILITY FOR INTERPRETATION OF THIS PRODUCT LIES WITH THE USER.

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.
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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 240 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 June 30, 2027.
Project will not be deemed complete until Contractor has passed all required inspections, performed start-up per
the manufacturer's instructions, all work has been completed, and Owner acceptance is issued to the Contractor.
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.
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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
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Property Damage $500,000 Annual Aggregate
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.
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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.
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
The CONTRACTOR shall provide a 12-month complete parts and labor warranty beginning on the date of
final acceptance.
END OF SECTION
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