Main Campus Site Lighting Renovations

STATE OF NORTH CAROLINA
STANDARD FORM OF INFORMAL CONTRACT
AND GENERAL CONDITIONS
FOR
Cleveland Community College
137 South Post Rd.
Main Campus Site Lighting Renovations
SCOPE OF WORK
This project is to include all material and labor for renovations to existing campus
lighting/controls and the addition of new campus lighting . The areas to be illuminated are in
front of the Cosmetology Building, Wright Building, Jack Hunt Building, Student Activity
Center Building, Bailey Center Building and the tiered parking between the Paksoy and the
Bailey Center Buildings as shown on the contract drawings. Electrical service for new lighting
will be provided from the existing outdoor lighting circuits.
NOTICE TO BIDDERS
There will be a non-mandatory Pre-Bid Meeting on August 11th at 2:00 PM in the Boardroom at
the Jack Hunt Campus Center, 137 South Post Road, Shelby NC 28152. This will be the first
week of class. We will have security in the parking lots, please come to the South Post Rd.
entrance, security will direct you to parking.
Bids for this work will be received by:
Mark Fox
Cleveland Community College
137 South Post Rd.
Shelby, NC 28152
Bids will be publicly open on August 25th at 2:00 pm in the Boardroom at the Jack Hunt Campus
Center, 137 South Post Rd, Shelby, NC 28152. Please return bids as soon as possible. More
information on this project is available from Mark Fox foxm@clevelandcc.edu.
Contractors are hereby notified that for construction projects costing over $40,000, they must have proper
license under the State laws governing their respective trades and that North Carolina General Statute 87
will be observed in receiving and awarding contracts. General Contractors must have general license
classification as defined by 21 NCAC 12A Section .0200.
No bid may be withdrawn after the opening of bids for a period of 30 days. The Owner reserves the right
to reject any or all bids and waive informalities. Bids shall be made only on the BID/ACEPTANCE form
provided herein with all blank spaces for bids properly filled in and all signatures properly executed.
Please note on the envelope - Bid : Attn: Mark Fox

Company Name
(License Number)
BID/ACCEPTANCE FORM
for
Main Campus Site Lighting Renovations
The undersigned, as bidder, proposes and agrees if this bid is accepted to contract with
the State of North Carolina through Cleveland Community College for the furnishing of all
materials, equipment, and labor necessary to complete the construction of the work described in
these documents in full and complete accordance with plans, specifications, and contract
documents, and to the full and entire satisfaction Cleveland Community College for the sum of:
BASE BID: Dollars $
$
Alternate # Add/Deduct Alternate bid price Accepted (OWNER INITIALS ON EACH LINE
INDICATES ACCEPTANCE OF ALTERNATE)
1
2
3
Respectively submitted this day of 20
Company Name:
Federal ID#: By:
Witness: Title:
(Owner, partner, corp. Pres. Or Vice President)
Address:
(Proprietorship or Partnership)
Attest: (corporation) Email Address:
(Corporate Seal)
By: License #:
Title:
(Corporation, Secretary /Ass't Secretary.)

ACCEPTED by the STATE OF NORTH CAROLINA
through the
Total amount of accepted by the owner, included base bid and bid alternates: $
Cleveland Community College
BY: TITLE:
G E N E R A L C O N D I T I O N S
1. GENERAL
It is understood and agreed that by submitting a bid that the Contractor has examined these contract
documents, drawings and specifications and has visited the site of the Work and has satisfied himself
relative to the Work to be performed.
2. DEFINITIONS
Owner: "Owner" shall mean, The State of North Carolina through Cleveland Community College.
Contractor: "Contractor" shall mean the entity that will provide the services for the Owner.
Designer: The designer(s) are those referred to within this contract, or their authorized
representatives. The Designer(s), as referred to herein, shall mean architect and/or engineer responsible
for preparing the project plans and specifications. They will be referred to hereinafter as if each were of
the singular number, masculine gender.
Contract Documents: "Contract Documents" shall consist of the Notice to Bidders; General Conditions
of the Contract; special conditions if applicable; Supplementary General Conditions; the drawing and
specifications, including all bulletins, addenda or other modifications of the drawings and specifications
incorporated into the documents prior to their execution; the bid; the contract; the performance bond if
applicable; and insurance certificates. All of these items together form the contract.
INTENT AND EXECUTION OF DOCUMENTS
The drawings and specifications are complementary, one to the other. That which is shown on the
drawings or called for in the specifications shall be as binding as if it were both called for and shown. The
intent of the drawings and specifications is to establish the scope of all labor, materials, transportation,
equipment, and any and all other things necessary to provide a complete job. In case of discrepancy or
disagreement in the Contract Documents, the order of precedence shall be: Form of Contract,
specifications, large-scale detail drawings, small-scale drawings.
In such cases where the nature of the work requires clarification by the Designer/ Owner, the Designer/
Owner shall furnish such clarification. Clarifications and drawings shall be consistent with the intent of the
Contract Documents and shall become a part thereof.

4. AS-BUILT MARKED-UP CONSTRUCTION DOCUMENTS
Contractor shall provide one complete set of legible "as-built" marked-up construction drawings and
specifications recording any and all changes made to the original design during the course of
construction. In the event no changes occurred, submit construction drawings and specifications set
with notation "No Changes." The Designer/Owner must receive "As-built" marked-up construction
drawings and specifications before the final pay request can be processed.
5. SUBMITTAL DATA
The Contractor awarded the contract shall submit all specified submittals to the Owner/Designer. A
minimum number of copies as specified by the owner, of all required submittal data pertaining to
construction, performance and general dimensional criteria of the components listed in the technical
specifications shall be submitted. No material or equipment shall be ordered or installed prior to written
approval of the submittals by the Designer/Owner. Failure to provide submittal data for review on
equipment listed in the technical specifications will result in removal of equipment by the Contractor at his
expense if the equipment is not in compliance with the specifications.
6. SUBSTITUTIONS
In accordance with the provisions of G.S. 133-3, material, product, or equipment substitutions proposed
by the bidders to those specified herein can only be considered during the bidding phase until ten (10)
days prior to the receipt of bids or by the date specified in the pre bid conference, when submitted to the
Designer with sufficient data to confirm material, product, or equipment equality. Proposed substitutions
submitted after this time will be considered only as potential change order.
Submittals for proposed substitutions shall include the following information:
a. Name, address, and telephone number of manufacturer and supplier as
appropriate.
b. Trade name, model or catalog designation.
c. Product data including performance and test data, reference standards, and
technical descriptions of material, product, or equipment. Include color samples and
samples of available finishes as appropriate.
d. Detailed comparison with specified products including performance capabilities,
warranties, and test results.
e. Other pertinent data including data requested by the Designer to confirm product
equality.
If a proposed material, product, or equipment substitution is deemed equal by the Designer to those
specified, all bidders of record will be notified by Addendum.
Refer also to the lighting fixture schedule for additional information on substitutions.
7. WORKING DRAWINGS AND SPECIFICATIONS AT THE JOB SITE
The contractor shall maintain, in readable condition, at his job site one complete set of working drawings
and specifications for his work including all shop drawings. Such drawings and specifications shall be
available for use by the owner, designer or his authorized representative.
The contractor shall maintain at the job site, a day-to-day record of work in place that is at variance
with the contract documents. Such variations shall be fully noted on project drawings by the contractor
and submitted to the designer upon project completion and no later than 30 days after acceptance of
the project.

8. MATERIALS, EQUIPMENT, EMPLOYEES
a. The contractor shall, unless otherwise specified, supply and pay for all labor,
transportation, materials, tools, apparatus, lights, power, fuel, heat, sanitary facilities,
water, scaffolding and incidentals necessary for the completion of his work, and shall
install, maintain and remove all equipment of the construction, other utensils or things,
and be responsible for the safe, proper and lawful construction, maintenance and use of
same, and shall construct in the best and most workmanlike manner, a complete job and
everything incidental thereto, as shown on the plans, stated in the specifications, or
reasonably implied therefrom, all in accordance with the contract documents.
b. All materials shall be new and of quality specified, except where reclaimed material is
authorized herein and approved for use. Workmanship shall at all times be of a grade
accepted as the best practice of the particular trade involved, and as stipulated in written
standards of recognized organizations or institutes of the respective trades except as
exceeded or qualified by the specifications.
c. Upon notice, the contractor shall furnish evidence as to quality of materials.
d. Products are generally specified by ASTM or other reference standard and/or by
manufacturer's name and model number or trade name. When specified only by
reference standard, the Contractor may select any product meeting this standard, by any
manufacturer. When several products or manufacturers are specified as being equally
acceptable, the Contractor has the option of using any product and manufacturer
combination listed. However, the contractor shall be aware that the cited examples are
used only to denote the quality standard of product desired and that they do not restrict
bidders to a specific brand, make, manufacturer or specific name; that they are used only
to set forth and convey to bidders the general style, type, character and quality of product
desired; and that equivalent products will be acceptable. Request for substitution of
materials, items, or equipment shall be submitted to the designer for approval or
disapproval; the designer prior to the opening of bids shall make such approval or
disapproval. Alternate materials may be requested after the award if it can clearly be
demonstrated that it is an added benefit to the owner and the designer and owner
approves.
e. The designer is the judge of equality for proposed substitution of products,
materials or equipment.
f. If at any time during the construction and completion of the work covered by these
contract documents, the language, conduct, or attire of any workman of the various crafts
be adjudged a nuisance to the owner or designer, or if any workman be considered
detrimental to the work, the contractor shall order such parties removed immediately from
grounds.
g. The Contractor shall cooperate with the designer and the owner in coordinating
construction activities.
h. The Contractor shall maintain qualified personnel and effective supervision at the
site at all times during the project, and exercise the appropriate quality control program to
ensure compliance with the project drawings and specifications. The designer is
responsible for determining compliance with the drawings and specifications.
9. CODES, PERMITS AND INSPECTIONS
The Contractor shall obtain the required permits, if required, give all notices, and comply with all laws,
ordinances, codes, rules and regulations bearing on the conduct of the work under this contract. If the
Contractor observes that the drawings and specifications are at variance therewith, he shall promptly

notify the Designer in writing. If the Contractor performs any work knowing it to be contrary to such laws,
ordinances, codes, rules and regulations, and without such notice to the Owner, he shall bear all cost
arising there from.
All work under this contract shall conform to the current North Carolina Building Code and other state and
national codes as are applicable.
Projects constructed by the State of North Carolina or by any agency or institution of the State are not
subject to county or municipal building codes and may* not be subject to inspection by county or
municipal authorities. Where appropriate, the Contractor shall, cooperate with the county or municipal
authorities by obtaining building permits. The contractor at no cost may obtain permits to the owner.
All fire alarm work shall be in accordance with the latest State Construction Office (SCO) Guidelines for
Fire Alarm Installation (NFPA72). Where the contract documents are in conflict with the SCO guidelines,
the SCO guidelines shall govern. The Contractor shall be responsible for all the costs for the correction
of the work where he installs it in conflict with the latest edition of the SCO Guidelines for Fire Alarm
Installation..
10. PROTECTION OF WORK, PROPERTY, THE PUBLIC AND SAFETY
a. The contractors shall be jointly responsible for the entire site and the building or
construction of the same and provide all the necessary protections, as required by the
owner or designer, and by laws or ordinances governing such conditions. They shall be
responsible for any damage to the owner's property or of that of others on the job, by
them, their personnel, or their subcontractors, and shall make good such damages. They
shall be responsible for and pay for any damages caused to the owner. All contractors
shall have access to the project at all times, except as indicated in the Supplemental
General Conditions.
b. The contractor shall provide cover and protect all portions of the structure when
the work is not in progress, provide and set all temporary roofs, covers for doorways,
sash and windows, and all other materials necessary to protect all the work on the
building, whether set by him, or any of the subcontractors. Any work damaged through
the lack of proper protection or from any other cause, shall be repaired or replaced
without extra cost to the owner.
c. No fires of any kind will be allowed inside or around the operations during the
course of construction without special permission from the designer and owner.
d. The contractor shall protect all trees and shrubs designated to remain in the
vicinity of the operations by building substantial boxes around it. He shall barricade all
walks, roads, etc., as directed by the designer to keep the public away from the
construction. All trenches, excavations or other hazards in the vicinity of the work shall
be well barricaded and properly lit at night.
e. The contractor shall provide all necessary safety measures for the protection of
all persons on the job, including the requirements of the A.G.C. Accident Prevention
Manual in Construction, as amended, and shall fully comply with all state laws or

regulations and North Carolina State Building Code requirements to prevent accident or
injury to persons on or about the location of the work. He shall clearly mark or post signs
warning of hazards existing, and shall barricade excavations, elevator shafts, stairwells
and similar hazards. He shall protect against damage or injury resulting from falling
materials and he shall maintain all protective devices and signs throughout the progress
of the work.
f. The contractor shall adhere to the rules, regulations and interpretations of the North
Carolina Department of Labor relating to Occupational Safety and Health Standards
for the Construction Industry (Title 29, Code of Federal Regulations, Part 1926, published
in Volume 39, Number 122, Part II, June 24, 1974, Federal Register), and revisions
thereto as adopted by General Statutes of North Carolina 95126 through 155.
i. In the event of emergency affecting the safety of life, the protection of work, or
the safety of adjoining properties, the contractor is hereby authorized to act at his own
discretion, without further authorization from anyone, to prevent such threatened injury or
damage. Any compensation claimed by the contractor on account of such action shall be
determined as provided for under Article 13(b).
j. Any and all costs associated with correcting damage caused to adjacent
properties of the construction site or staging area shall be borne by the contractor. These
costs shall include but not be limited to flooding, mud, sand, stone, debris, and
discharging of waste products.
11. SUBCONTRACTS AND SUBCONTRACTORS
The Contractor is and remains fully responsible for his own acts or omissions as well as those of any
subcontractor or of any employee of either. The Contractor agrees that no contractual relationship exists
between the subcontractor and the Owner in regard to the contract, and that the subcontractor acts on
this work as an agent or employee of the Contractor.
12. CONTRACTOR-SUBCONTRACTOR RELATIONSHIPS
The Contractor agrees that the terms of these Contract Documents shall apply equally to each
Subcontractor as to the Contractor, and the Contractor agrees to take such action as may be necessary
to bind each Subcontractor to these terms. The Contractor further agrees to conform to the Code of
Ethical Conduct as adopted by the Associated General Contractors of America, Inc., with respect to
Contractor-Subcontractor relationships. The Owner reserves the right to limit the amount of portions of
work to be subcontracted as hereinafter specified.
13. CHANGES IN THE WORK AND CLAIMS FOR EXTRA COST
a. The owner 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.
b. Except in an emergency endangering life or property, no change shall be made by the
contractor except upon receipt of approved change order from the designer,
countersigned by the owner authorizing such change. No claim for adjustments of the
contract price shall be valid unless this procedure is followed. Should a claim for extra
compensation by the contractor be denied by the designer or the owner, the contractor
may pursue his claim in accordance with G.S. 143-135.3.

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 specified by the designer or owner, a correct account of costs
together with all proper invoices, payrolls and supporting data. Upon completion of the
work the change order will be prepared as outlined under either Method "c(1)" or Method
"c(2)" or both.
c. In determining the values of changes, either additive or deductive, contractors are
restricted to the use of the following methods:
1. Where the extra work involved is covered by unit prices quoted in the
proposal, or subsequently agreed to by the Contractor, Designer, Owner and
State Construction Office the value of the change shall be computed by
application of unit prices based on quantities, estimated or actual as agreed of
the items involved, except is such cases where a quantity exceeds the estimated
quantity allowance in the contract by one hundred percent (100%) or more. In
such cases, either party may elect to proceed under subparagraph c (2)
herein. If neither party elects to proceed under c (2), then unit prices shall apply.
2. The contracting parties shall negotiate and agree upon the equitable
value of the change prior to issuance of the change order, and the change order
shall stipulate the corresponding lump sum adjustment to the contract price.
d. Under Paragraph "b" and Methods "c(2)" above, the allowances for overhead and profit
combined shall be as follows: all contractors (the single contracting entity (prime), his
subcontractors(1st tier subs), or their sub-subcontractors (2nd tier subs, 3rd tier subs, etc.)
shall be allowed a maximum of 10% on work they each self-perform; the prime contractor
shall be allowed a maximum of 5% on contracted work of his 1st tier sub; 1st tier, 2nd tier,
3rd tier, etc. contractors shall be allowed a maximum of 2.5% on the contracted work of
their subs. ; Under Method "c(1)", no additional allowances shall be made for overhead
and profit. In the case of deductible change orders, under Method "c(2)" and Paragraph
(b) above, the contractor shall include no less than five percent (5%) profit, but no
allowances for overhead.
e. The term "net cost" as used herein shall mean the difference between all proper cost
additions and deductions. The "cost" as used herein shall be limited to the following:
1. The actual costs of materials and supplies incorporated or consumed as
part of the work;
2. The actual costs of labor expended on the project site; labor expended in
coordination, change
order negotiation, record document maintenance, shop drawing revision or other
tasks necessary to the administration of the project are considered overhead whether
they take place in an office or on the project site.
3. The actual costs of labor burden, limited to the costs of social security
(FICA) and
Medicare/Medicaid taxes; unemployment insurance costs; health/dental/vision
insurance premiums; paid employee leave for holidays, vacation, sick leave, and/or
petty leave, not to exceed a total of 30 days per year; retirement contributions;
worker's compensation insurance premiums; and the costs of general liability
insurance when premiums are computed based on payroll amounts; the total of
which shall not exceed thirty percent (30%) of the actual costs of labor;

4. The actual costs of rental for tools, excluding hand tools; equipment;
machinery; and temporary facilities required for the work;
5. The actual costs of premiums for bonds, insurance, permit fees and
sales or use taxes related to the work.
Overtime and extra pay for holidays and weekends may be a cost item only to the extent
approved by the owner.
f. Should concealed conditions be encountered in the performance of the work below
grade, or should concealed or unknown conditions in an existing structure be at variance
with the conditions indicated by the contract documents, the contract sum and time for
completion may be equitably adjusted by change order upon claim by either party made
within thirty (30) days after the condition has been identified. The cost of such change
shall be arrived at by one of the foregoing methods. All change orders shall be supported
by a unit cost breakdown showing method of arriving at net cost as defined above.
g. Change orders shall be submitted by the contractor in writing to the owner/designer for
review and approval. The contractor will provide such proposal and supporting data in
suitable format. The designer shall verify correctness. Delay in the processing of the
change order due to lack of proper submittal by the contractor of all required supporting
data shall not constitute grounds for a time extension or basis of a claim. Within fourteen
(14) days after receipt of the contractor's accepted proposal including all supporting
documentation required by the designer, the designer shall prepare the change order and
forward to the contractor for his signature or otherwise respond, in writing, to the
contractor's proposal. Within seven (7) days after receipt of the change order executed
by the contractor, the designer shall, certify the change order by his signature, and
forward the change order and all supporting data to the owner for the owner's
signature. The owner shall execute the change order, within seven (7) days of receipt.
At the time of signing a change order, the contractor shall be required to certify as
follows:
"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."
h. A change order, when issued, shall be full compensation, or credit, for the work included,
omitted or substituted. It shall show on its face the adjustment in time for completion of
the project as a result of the change in the work.
If, during the progress of the work, the owner requests a change order and the contractor's
terms are unacceptable, the owner, may require the contractor to perform such work on a
time and material basis whereupon the contractor shall proceed and keep accurately on
such form as specified by the Designer or owner, a correct account of cost together with
all proper invoices, payrolls and supporting data. Upon completion of the work a change
order will be prepared with allowances for overhead and profit per paragraph d. above and
"net cost" and "cost" per paragraph e. above. Without prejudice, nothing in this paragraph
shall preclude the owner from performing or to have performed that portion of the work
requested in the change order.
14. ANNULMENT OF CONTRACT
If the contractor fails to begin the work under the contract within the time specified, or the progress of the

work is not maintained on schedule, or the work is not completed within the time specified, or fails to
perform the work with sufficient workmen and equipment or with sufficient materials to ensure the prompt
completion of said work, or shall perform the work unsuitably or shall discontinue the prosecution of the
work, or if the contractor shall become insolvent or be declared bankrupt or commit any act of bankruptcy
or insolvency, or allow any final judgment to stand against him unsatisfied for a period of forty-eight (48)
hours, or shall make an assignment for the benefit of creditors, or for any other cause whatsoever shall
not carry on the work in an acceptable manner, the owner may give notice in writing, sent by certified
mail, return receipt requested, to the contractor and his surety (if applicable) of such delay, neglect or
default, specifying the same, and if the contractor within a period of seven (7) days after such notice shall
not proceed in accordance therewith, then the owner shall, declare this contract in default, and,
thereupon, the surety shall promptly take over the work and complete the performance of this contract in
the manner and within the time frame specified. In the event the contractor, or the surety (if applicable)
shall fail to take over the work to be done under this contract within seven (7) days after being so notified
and notify the owner in writing, sent by certified mail, return receipt requested, that he is taking the same
over and stating that he will diligently pursue and complete the same, the owner shall have full power and
authority, without violating the contract, to take the prosecution of the work out of the hands of said
contractor, to appropriate or use any or all contract materials and equipment on the grounds as may be
suitable and acceptable and may enter into an agreement, either by public letting or negotiation, for the
completion of said contract according to the terms and provisions thereof or use such other methods as in
his opinion shall be required for the completion of said contract in an acceptable manner. All costs and
charges incurred by the owner, together with the costs of completing the work under contract, shall be
deducted from any monies due or which may become due said contractor and surety (if applicable). In
case the expense so incurred by the owner shall be less than the sum which would have been payable
under the contract, if it had been completed by said contractor, then the said contractor and surety (if
applicable) shall be entitled to receive the difference, but in case such expense shall exceed the sum
which would have been payable under the contract, then the contractor and the surety (if applicable) shall
be liable and shall pay to the owner the amount of said excess.
15. TERMINATION FOR CONVENIENCE
a. Owner may at any time and for any reason terminate Contractor's services and work at
Owner's convenience, after notification to the contractor in writing via certified mail. Upon
receipt of such notice, Contractor shall, unless the notice directs otherwise, immediately
discontinue the work and placing of orders for materials, facilities and supplies in
connection with the performance of this Agreement.
b. Upon such termination, Contractor shall be entitled to payment only as follows: (1) the
actual cost of the work completed in conformity with this Agreement; plus, (2) such other
costs actually incurred by Contractor as approved by Owner; (3) plus ten percent (10%)
of the cost of the balance of the work to be completed for overhead and profit. There shall
be deducted from such sums as provided in this subparagraph the amount of any
payments made to Contractor prior to the date of the termination of this Agreement.
Contractor shall not be entitled to any claim or claim of lien against Owner for any
additional compensation or damages in the event of such termination and payment.
16. OWNER'S RIGHT TO DO WORK
If, during the progress of the work or during the period of guarantee, the contractor fails to prosecute the
work properly or to perform any provision of the contract, the owner, after seven (7) days' written notice
sent by certified mail, return receipt requested, to the contractor from the designer, may perform or have
performed that portion of the work. The cost of the work may be deducted from any amounts due or to
become due to the contractor, such action and cost of same having been first approved by the
designer. Should the cost of such action of the owner exceed the amount due or to become due the
contractor, then the contractor or his surety, or both, shall be liable for and shall pay to the owner the
amount of said excess.