SP 104 Olde Sycamore WRF Process Improvements

Invitation for Bid No. 2021-002 SP104 Olde Sycamore WRF Process Improvements Due Date: Time: Receipt Location: August 27, 2020 2:00 PM EST Union County Government Center Procurement Department 500 N. Main Street, Suite 709 Monroe, NC, 28112-4730 Procurement Representative: Corey Brooks Procurement Specialist (704) 283-3683 Corey.brooks@unioncountync.gov Prepared by: Hazen and Sawyer 19101 Southern Pine Blvd. Suite 250 Charlotte, NC 28273 (704) 357-3150 NC License No. C-0381 SP104 Olde Sycamore WRF Process Improvements Bid Set 30831-055 00 01 10-1 SP104 OLDE SYCAMORE WRF PROCESS IMPROVEMENTS SECTION 00 01 10 TABLE OF CONTENTS DIVISION 00 ­ PROCUREMENT AND CONTRACTING REQUIREMENTS Section Title C-111 Advertisement for Bids C-200 Instructions to Bidders C-410 Bid Form C-430 Bid Bond C-520 Agreement C-550 Notice to Proceed C-610 Performance Bond C-615 Payment Bond C-620 Application for Payment C-625 Certificate of

Substantial Completion C-700 General Conditions C-800 Supplementary Conditions C-940 Work Change Directive C-941 Change Order C-942 Field Order Sales Tax Report DIVISION 01 ­ GENERAL REQUIREMENTS Section Title 01 11 00 Summary of Work 01 14 00 Coordination with Owner's Operations 01 26 00 Contract Modification Procedures 01 29 73 Schedule of Values 01 29 76 Progress Payment Procedures 05-27-20 30831-055 00 01 10-2 SP104 OLDE SYCAMORE WRF PROCESS IMPROVEMENTS Section Title 01 31 19 Project Meetings 01 32 00 Construction Progress Schedule 01 33 00 Submittal Procedures 01 42 00 References 01 51 00 Temporary Utilities 01 55 00 Contractor Access and Parking 01 61 00 Product Requirements and Options 01 65 00 Product Delivery Requirements 01 66 00 Product Storage and Protection Requirements 01 71 33 Protection of Work and Property 01 73 00 Execution of Work 01 75 00 Checkout and Startup Procedures 01 77 19 Closeout Requirements 01 78 23 Operation and Maintenance Data 01 78 39 Project Record Documents DIVISION 03 ­ CONCRETE Section Title 03 21 00 Reinforcing Steel 03 30 00 Cast-in-Place Concrete 03 35 00 Concrete Finishes 03 39 00 Concrete Curing 03 60 00 Grout DIVISION 04 ­ MASONRY (NOT USED) 30831-055 00 01 10-3 SP104 OLDE SYCAMORE WRF PROCESS IMPROVEMENTS DIVISION 05 ­ METALS Section Title 05 05 13 Galvanizing 05 05 23 Metal Fastening 05 10 00 Metal Materials 05 12 00 Structural Steel 05 31 00 Metal Decking 05 50 00 Metal Fabrications 05 52 00 Guards and Railings 05 53 00 Gratings DIVISION 06 – WOOD, PLASTICS, AND COMPOSITES (NOT USED) DIVISION 07 ­ THERMAL AND MOISTURE PROTECTION (NOT USED) Section Title 07 90 00 Joint Fillers, Sealants and Caulking DIVISION 08 ­ OPENINGS (NOT USED) DIVISION 09 ­ FINISHES Section Title 09 90 00 Painting DIVISION 10 ­ SPECIALTIES (NOT USED) DIVISION 12 ­ FURNISHINGS (NOT USED) DIVISION 13 ­ SPECIAL CONSTRUCTION (NOT USED) 30831-055 00 01 10-4 SP104 OLDE SYCAMORE WRF PROCESS IMPROVEMENTS DIVISION 21 ­ FIRE SUPPRESSION (NOT USED) DIVISION 22 ­ PLUMBING (NOT USED) DIVISION 23 ­ HEATING, VENTILATING, AND AIR CONDITIONING (NOT USED) DIVISION 26 ­ ELECTRICAL Section Title 26 05 00 Basic Electrical Requirements 26 05 19 Low-Voltage Conductors and Cables 26 05 26 Grounding and Bonding for Electrical Systems 26 05 29 Hangers and Supports for Electrical Systems 26 05 33.13 Conduit for Electrical Systems 26 05 33.16 Boxes for Electrical Systems 26 05 53 Identification for Electrical Systems 26 22 00 Low Voltage Transformers 26 24 16 Panelboards 26 27 26 Wiring Devices 26 28 16.13 Enclosed Circuit Breakers 26 28 16.16 Enclosed Switches 26 32 13 Engine Generators 26 36 23 Automatic Transfer Switches 26 43 13 Surge Protective Devices DIVISION 27 ­ COMMUNICATIONS (NOT USED) DIVISION 28 ­ ELECTRONIC SAFETY AND SECURITY (NOT USED) DIVISION 31 ­ EARTHWORK (NOT USED) DIVISION 32 ­ EXTERIOR IMPROVEMENTS (NOT USED) 30831-055 00 01 10-5 SP104 OLDE SYCAMORE WRF PROCESS IMPROVEMENTS DIVISION 33 ­ UTILITIES Section Title 33 71 19 Underground Electrical DIVISION 35 ­ WATERWAY AND MARINE CONSTRUCTION (NOT USED) DIVISION 40 ­ PROCESS INTERCONNECTIONS (NOT USED) DIVISION 41 ­ MATERIAL PROCESSING AND HANDLING EQUIPMENT (NOT USED) DIVISION 43 ­ PROCESS GAS AND LIQUID HANDLING, PURIFICATION, AND STORAGE EQUIPMENT (NOT USED) DIVISION 44 ­ POLLUTION AND WASTE CONTROL MANAGEMENT (NOT USED) DIVISION 46 ­ WATER AND WASTEWATER EQUIPMENT Section Title 46 00 00 Equipment General Provisions END OF SECTION 30831-055 00 01 10-6 SP104 OLDE SYCAMORE WRF PROCESS IMPROVEMENTS THIS PAGE INTENTIONALLY LEFT BLANK EJCDC® C-111, Suggested Advertisement for Bids for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 UNION COUNTY UNION COUNTY, NORTH CAROLINA SP104 OLDE SYCAMORE WRF PROCESS IMPROVEMENTS IFB # 2021-002 ADVERTISEMENT FOR BIDS Sealed Bids for the construction of project SP104 Olde Sycamore WRF Process Improvements will be received by Union County Procurement Department, Union County Government Center, at 500 N. Main Street, Suite 709, Monroe, North Carolina 28112, until 2:00 PM local time on August 27, 2020 at which time the Bids received will be publicly opened and read. The public bid opening will be conducted outdoors, in the front entrance area of the Union County Government Center at the specified bid date and time. Late bids will not be accepted. If you plan to attend the bid opening, social distancing rules apply. On August 27, 2020, beginning at 1:30 PM local time, bids will be received by the Union Count Procurement Department at the bid opening location, outdoors in the front entrance area of the Union County Government Center at 500 North Main Street, Monroe, NC 28112. A Pre Bid Meeting (Not-Mandatory) will be held at the Olde Sycamore Water Reclamation Facility (10922 Persimmon Creek Drive; Mint Hill, NC 28227) on Wednesday August 12, 2020 at 2:00 PM. Attendance is strongly encouraged. Bids will be received for a single prime Contract. Bids shall be on a lump sum and unit price basis as indicated in the Bid Form. All questions about the meaning or intent of the Bidding Documents are to be submitted, in writing, to the Procurement contact person listed on the cover page (corey.brooks@unioncountync.gov). The Issuing Office for the Bidding Documents is: Hazen and Sawyer, 9101 Southern Pine Blvd, Suite 250, Charlotte, NC 28273. Prospective Bidders may examine the Bidding Documents at the issuing Office or at the Union County Procurement Department offices at 500 North Main Street, 7th Floor, Suite 709, Monroe, North Carolina 28112 on Mondays through Fridays between the hours of 8:00 am and 5:00 pm, and may obtain copies of the Bidding Documents from the Issuing Office as described below. Bidding Documents may be ordered from Hazen and Sawyer by contacting Lisa Thomas at lthomas@hazenandsawyer.com or 704-357-3150. Printed copies of the Bidding Documents may be obtained from the Issuing Office upon payment of $75.00 (non-refundable) for each set. Checks for Bidding Documents shall be payable to Hazen and Sawyer. Cost of Bidding Documents includes ground shipping. If Bidding Documents are required to be shipped overnight, Bidder shall provide a six-digit UPS account number. The date that the Bidding Documents are transmitted by the Issuing Office will be considered the Bidder’s date of receipt of the Bidding Documents. Partial sets of Bidding Documents will not be available from the Issuing Office. Bidders must have a license to do work as a general contractor in the State of North Carolina, as set forth under Article 1 of Chapter 87 of the North Carolina General Statutes. The Contractor’s North Carolina License number shall be designated on the outside of the envelope containing the bid. Bidders are required to comply with the non-collusion requirements set forth in the Bidding Documents. Bid security shall be furnished in accordance with the Instructions to Bidders. Union County reserves the right to reject any or all bids. EJCDC® C-111, Suggested Advertisement for Bids for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 Union County encourages good faith effort outreach to Minority Businesses (HUB Certified) and Small Businesses. ++END OF ADVERTISEMENT FOR BIDS++ EJCDC® C-200, Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page i INSTRUCTIONS TO BIDDERS TABLE OF CONTENTS Page ARTICLE 1 – Defined Terms ........................................................................................................................... 1 ARTICLE 2 – Copies of Bidding Documents ................................................................................................... 1 ARTICLE 3 – Qualifications of Bidders ........................................................................................................... 1 ARTICLE 4 – Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program; Other Work at the Site .................................................................................................................................. 1 ARTICLE 5 – Bidder’s Representations .......................................................................................................... 3 ARTICLE 6 – Pre-Bid Conference ................................................................................................................... 4 ARTICLE 7 – Interpretations and Addenda .................................................................................................... 4 ARTICLE 8 – Bid Security ............................................................................................................................... 5 ARTICLE 9 – Contract Times .......................................................................................................................... 5 ARTICLE 10 – Liquidated Damages ................................................................................................................ 5 ARTICLE 11 – Substitute and “Or-Equal” Items............................................................................................. 5 ARTICLE 12 – Subcontractors, Suppliers, and Others ................................................................................... 6 ARTICLE 13 – Preparation of Bid ................................................................................................................... 7 ARTICLE 14 – Basis of Bid .............................................................................................................................. 7 ARTICLE 15 – Submittal of Bid ....................................................................................................................... 8 ARTICLE 16 – Modification and Withdrawal of Bid ....................................................................................... 8 ARTICLE 17 – Opening of Bids ....................................................................................................................... 9 ARTICLE 18 – Bids to Remain Subject to Acceptance ................................................................................... 9 ARTICLE 19 – Evaluation of Bids and Award of Contract .............................................................................. 9 ARTICLE 20 – Bonds and Insurance ............................................................................................................... 9 ARTICLE 21 – Signing of Agreement ............................................................................................................ 10 EJCDC® C-200, Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 ARTICLE 1 – DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A. Issuing Office – The office from which the Bidding Documents are to be issued. ARTICLE 2 – COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents may be obtained from the Issuing Office in the number and format stated in the advertisement or invitation to bid. 2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use. ARTICLE 3 – QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder’s qualifications to perform the Work, Bidder shall submit with its Bid (a) written evidence establishing its qualifications such as financial data, previous experience, and present commitments, and (b) the following additional information: A. Evidence of Bidder’s authority to do business in the state where the Project is located. B. Bidder’s state or other contractor license number, if applicable. C. Subcontractor and Supplier qualification information; coordinate with provisions of Article 12 of these Instructions, “Subcontractors, Suppliers, and Others.” 3.02 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract. 3.03 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications. 3.04 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder’s representations and certifications. ARTICLE 4 – SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S SAFETY PROGRAM; OTHER WORK AT THE SITE 4.01 Site and Other Areas A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of- way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor. EJCDC® C-200, Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 4.02 Existing Site Conditions A. Subsurface and Physical Conditions; Hazardous Environmental Conditions 1. The Supplementary Conditions identify: a. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site. b. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). c. reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site. d. Technical Data contained in such reports and drawings. 2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply B. Underground Facilities: Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site are set forth in the Contract Documents and are based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others. C. Adequacy of Data: Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 4.06 of the General Conditions. 4.03 Site Visit and Testing by Bidders A. Bidder shall conduct the required Site visit during normal working hours, and shall not disturb any ongoing operations at the Site. B. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions. EJCDC® C-200, Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 C. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site. D. Bidder shall comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs. E. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. 4.04 Owner’s Safety Program A. Site visits and work at the Site may be governed by an Owner safety program. As the General Conditions indicate, if an Owner safety program exists, it will be noted in the Supplementary Conditions. 4.05 Other Work at the Site A. Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any. ARTICLE 5 – BIDDER’S REPRESENTATIONS 5.01 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, and any data and reference items identified in the Bidding Documents; B. visit the Site, conduct a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfy itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; C. become familiar with and satisfy itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work; D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings; EJCDC® C-200, Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 E. consider the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs; F. agree, based on the information and observations referred to in the preceding paragraph, that at the time of submitting its Bid no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents; G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents; H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work; and J. agree that the submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. ARTICLE 6 – PRE-BID CONFERENCE 6.01 A pre-Bid conference will be held at the time and location stated in the invitation or advertisement to bid. Representatives of Owner and Engineer will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. 6.02 Addenda may be issued to clarify, supplement, or change the Bidding Documents. Oral statements may not be relied upon and will not be binding or legally effective. ARTICLE 7 – INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all parties recorded as having received the Bidding Documents. Questions received less than one hundred twenty (120) hours (five calendar days) prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. All such changes or interpretations will be made in writing in the form of Addenda, and, if issued, will be mailed or sent by available means to all known prospective bidders not later than seventy two (72) hours prior to the established bid opening date time. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, supplement, or change the Bidding Documents. EJCDC® C-200, Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 ARTICLE 8 – BID SECURITY 8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of [5%] percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a certified check, bank money order, or a Bid bond (on the form included in the Bidding Documents) issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions. 8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract Documents, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within ten (10) days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. 8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Contract or one (1) day more than the period for which Bids are subject to acceptance, whereupon Bid security furnished by such Bidders will be released. 8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within seven days after the Bid opening. ARTICLE 9 – CONTRACT TIMES 9.01 The number of days within which, or the dates by which, the Work is to be substantially completed and ready for final payment are set forth in the Agreement. ARTICLE 10 – LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS 11.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, and those “or-equal” or substitute or materials and equipment subsequently approved by Engineer prior to the submittal of Bids and identified by Addendum. No item of material or equipment will be considered by Engineer as an “or- equal” or substitute unless written request for approval has been submitted by Bidder and has been received by Engineer at least 15 days prior to the date for receipt of Bids. Each such request shall comply with the requirements of Paragraph 6.05 of the General Conditions. The burden of proof of the merit of the proposed item is upon Bidder. Engineer’s decision of approval or disapproval of a proposed item will be final. If Engineer approves any such proposed item, such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in any other manner. It is the intent of the Contract Documents to comply with N.C.G.S. §133-3 and to encourage free and open competition on public contracts. However, nothing in this Subparagraph is intended to permit bidders to submit proposals for the use of products or materials which have not been approved by Engineer prior to the receipt of bids as provided by N.C.G.S. §133-3. All submittals for substitution approval shall be made in accordance with the provisions of these Instructions to Bidders: EJCDC® C-200, Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 .1 Wherever the Specifications list only required performance and design characteristics for a product or material, bidders wishing to provide such a product or material shall submit such for approval. .2 Where the Specifications list three or more names of products or materials, the listed examples are used only to denote the quality standard of product desired and do not restrict bidders to a specific brand, make, manufacturer or specific name. Rather, they are used only to set forth and convey to bidders the general style, type, character and quality of product desired. Products of similar general style, type, character appearance, and quality may be submitted for approval. .3 Where the Specifications list fewer than three names of product or material, such products are the only products known to Engineer that comply with the required style, type, character appearance, and quality necessary for this product. Bidders wishing to propose equivalent products may do so. 11.02 All prices that Bidder sets forth in its Bid shall be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk.’ ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 In addition to any identification of Subcontractors, Suppliers, individuals, or entities required to be submitted to Owner by the Supplementary Conditions (see third full paragraph below), Bidders shall include in their Bid a list of all subcontractors which the Bidder intends to use. A contractor whose Bid is accepted shall not substitute any person as subcontractor in the place of the subcontractor listed in the original bid, except (i) if the listed subcontractor’s bid is later determined by the contractor to be nonresponsible or nonresponsive or the listed subcontractor refuses to enter into a contract for the complete performance of the bid work, or (ii) with the approval of the awarding authority for good cause shown by the contractor. The terms, conditions, and requirements of each contract between Contractor and a subcontractor performing work under a subdivision or branch of work listed in this subsection shall incorporate by reference the terms, conditions, and requirements of the Contract between Contractor and Owner. Failure to include this list of subcontractors may cause a Bid to be rejected as nonresponsive by Owner. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, without an increase in the Bid. EJCDC® C-200, Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 12.02 Subsequent to the submittal of the Bid, Owner may not require the Successful Bidder or Contractor to retain any Subcontractor, Supplier, or other individual or entity against which Contractor has reasonable objection. ARTICLE 13 – PREPARATION OF BID 13.01 The Bid Form is included with the Bidding Documents. A. All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.” 13.02 A Bid by a corporation shall be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation shall be shown. The corporate seal shall be affixed and attested by the corporate secretary or an assistant corporate secretary. 13.03 A Bid by a limited liability company shall be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 13.04 A Bid by an individual shall show the Bidder’s name and official address. 13.05 A Bid by a joint venture shall be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 13.06 All names shall be printed in ink below the signatures. 13.07 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 13.08 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 13.09 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder’s state contractor license number, if any, shall also be shown on the Bid Form. ARTICLE 14 – BASIS OF BID 14.01 Lump Sum Bidders shall submit a Bid on a lump sum and unit price basis, with a pre-negotiated bid item as set forth in the Bid Form. 14.02 Unit Price A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form. B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity” (which Owner or its representative has set forth in the Bid Form) for the item and the corresponding “Bid Unit Price” offered by the EJCDC® C-200, Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 14.03 Allowances A. For cash allowances the Bid price shall include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 11.02.B of the General Conditions. ARTICLE 15 – SUBMITTAL OF BID 15.01 With each copy of the Bidding Documents, a Bidder is furnished one separate unbound copy of the Bid Form, and, if required, the Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid security and the other documents required to be submitted under the terms of Article 7 of the Bid Form. 15.02 A Bid shall be received no later than the date and time prescribed and at the place indicated in the advertisement or invitation to bid and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid shall be addressed to: Union County Procurement Office Attention: Corey Brooks 500 N. Main Street Suite 700 Monroe, NC 28112 15.03 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened. ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder. 16.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 16.01 and submit a new Bid prior to the date and time for the opening of Bids. 16.03 A bid may be modified or withdrawn under the conditions set forth in N.C.G.S §143-129.1. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work. EJCDC® C-200, Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 ARTICLE 17 – OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the advertisement or invitation to bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids. ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT 19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible. If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, then the Owner will reject the Bid as nonresponsive; provided that Owner also reserves the right to waive all minor informalities not involving price, time, or changes in the Work. 19.02 If Owner awards the contract for the Work, such award shall be to the responsible Bidder submitting the lowest responsive Bid. Award of a bid by the Owner’s governing body represents a preliminary determination as to the qualification of the Bidder, but the Bidder understands and agrees that no legally binding acceptance of Bidder’s offer occurs until the Owner’s governing body, or its designee, executes a formal contract with the Bidder. 19.03 Evaluation of Bids A. In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award. B. For the determination of the apparent low Bidder when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price Bid for that item, together with any lump sum items. 19.04 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents. 19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers. ARTICLE 20 – BONDS AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the Agreement (executed by Successful Bidder) to Owner, it shall be accompanied by required bonds and insurance documentation. EJCDC® C-200, Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 ARTICLE 21 – SIGNING OF AGREEMENT 21.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within ten (10) days thereafter, Successful Bidder shall execute and deliver the required number of counterparts of the Agreement (and any bonds and insurance documentation required to be delivered by the Contract Documents) to Owner. Thereafter, Owner shall deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions. EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page i BID FORM UNION COUNTY PUBLIC WORKS DEPARTMENT UNION COUNTY, NORTH CAROLINA SP104 OLDE SYCAMORE WRF PROCESS IMPROVEMENTS IFB # 2021-002 TABLE OF CONTENTS Page ARTICLE 1 – Bid Recipient ............................................................................................................................. 1 ARTICLE 2 – Bidder’s Acknowledgements ..................................................................................................... 1 ARTICLE 3 – Bidder’s Representations .......................................................................................................... 1 ARTICLE 4 – Bidder’s Certification................................................................................................................. 2 ARTICLE 5 – Basis of Bid ................................................................................................................................ 3 ARTICLE 6 – Time of Completion ................................................................................................................... 4 ARTICLE 7 – Attachments to this Bid............................................................................................................. 4 ARTICLE 8 – Defined Terms ........................................................................................................................... 4 ARTICLE 9 – Bid Submittal ............................................................................................................................. 5 EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 ARTICLE 1 – BID RECIPIENT 1.01 This Bid is submitted to: UNION COUNTY 500 N. Main Street Monroe, NC 28112 1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. ARTICLE 2 – BIDDER’S ACKNOWLEDGEMENTS 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. ARTICLE 3 – BIDDER’S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following Addenda: Addendum No. Addendum, Date B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and has satisfied itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 E. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs. F. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and confirms that the written resolution thereof by Engineer is acceptable to Bidder. I. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work. J. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. ARTICLE 4 – BIDDER’S CERTIFICATION 4.01 Bidder certifies that: A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation; B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D: 1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process; 2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and 4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the e execution of the Contract. ARTICLE 5 – BASIS OF BID 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): Lump Sum Bid Price $ and Lump Sum Contingency Allowance $ 100,000 and Lump Sum Union Power Allowance $ 10,000 Total of All Lump Sums $ Item No. Description Unit Estimated Quantity Bid Unit Price Bid Price 1 Remove Residual Grit and Other Solids from Basins and Dispose of Material to a Subtitle D Landfill CY 30 $_______ $____________ 2 Steel Repairs Including ¼-inch Steel Doubler Plate and Stiffener Plates/Angles Fillet Welded on All Sides LB 15,000 $_______ $____________ Total of All Unit Price Bid Items $ Bidder acknowledges that (1) each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor’s overhead and profit for each separately identified item, and (2) estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents. EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 Total of Lump Sum and Unit Price Bids = Total Bid Price $ ARTICLE 6 – TIME OF COMPLETION 6.01 Bidder agrees that the Work will be substantially complete within 180 calendar days after the date when the Contract Times commence to run as provided in Paragraph 2.03 of the General Conditions, and will be completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within 210 calendar days after the date when the Contract Times commence to run. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages. ARTICLE 7 – ATTACHMENTS TO THIS BID 7.01 The following documents are submitted with and made a condition of this Bid: A. Required Bid security; B. List of Proposed Subcontractors; C. List of Proposed Suppliers; D. List of Project References; E. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such license within the time for acceptance of Bids; F. Contractor’s License No.: __________; G. Required Bidder Qualification Statement with supporting data ARTICLE 8 – DEFINED TERMS 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 ARTICLE 9 – BID SUBMITTAL BIDDER: [Indicate correct name of bidding entity] By: [Signature] [Printed name] (If Bidder is a corporation, a limited liability company, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: [Signature] [Printed name] Title: Submittal Date: Address for giving notices: Telephone Number: Fax Number: Contact Name and e-mail address: Bidder’s License No.: (where applicable) NOTE TO USER: Use in those states or other jurisdictions where applicable or required. PENAL SUM FORM EJCDC C-430 Bid Bond (Penal Sum Form) Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 2 BID BOND Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (Name and Address): BID Bid Due Date: Description (Project Name and Include Location): BOND Bond Number: Date (Not earlier than Bid due date): Penal sum $ (Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. BIDDER SURETY (Seal) (Seal) Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal By: By: Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Note: Above addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary. PENAL SUM FORM EJCDC C-430 Bid Bond (Penal Sum Form) Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 2 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond shall be Owner’s sole and exclusive remedy upon default of Bidder. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or 3.2 All Bids are rejected by Owner, or 3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety’s written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable. EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 8 SUGGESTED FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) THIS AGREEMENT is by and between UNION COUNTY (“Owner”) and (“Contractor”). Owner and Contractor hereby agree as follows: ARTICLE 1 – WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: UNION COUNTY PUBLIC WORKS DEPARTMENT UNION COUNTY, NORTH CAROLINA SP104 OLDE SYCAMORE WRF PROCESS IMPROVEMENTS IFB # 2021-022 ARTICLE 2 – THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: The project consists of a Single Prime Contract for furnishing all materials and labor for upgrades to the Olde Sycamore WRF. ARTICLE 3 – ENGINEER 3.01 The Project has been designed by Hazen and Sawyer, (Engineer), which is to act as Owner’s representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 – CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion and Final Payment A. The Work will be substantially completed within 180 days after the date when the Contract Times commence to run as provided in Paragraph 2.03 of the General Conditions, and completed EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 of 8 and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within 210 days after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $500.00 for each day that expires after the time specified in Paragraph 4.02 above for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $500.00 for each day that expires after the time specified in Paragraph 4.02 above for completion and readiness for final payment until the Work is completed and ready for final payment. B. In addition to liquidated damages, Contractor shall reimburse Owner all fees and costs paid to or incurred by Engineer in administering the construction of the Project beyond the time specified in Paragraph 4.02 above for Substantial Completion. All fees and costs may be deducted from monies due Contractor for the performance of the Work. ARTICLE 5 – CONTRACT PRICE 5.02 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to Paragraphs 5.01.A, 5.01.B, and 5.01.C below: A. For all Work other than Unit Price Work, a lump sum of: $ All specific cash allowances are included in the above price in accordance with Paragraph 11.02 of the General Conditions. B. For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the actual quantity of that item: item. Unit Prices are as specified in Contractor’s Bid. Amounts expended pursuant to this Agreement shall not exceed _______________________________________________________ Dollars ($______________) without written amendment hereto duly executed by both parties. EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 8 Item No. Description Unit Estimated Quantity Bid Unit Price Bid Price 1 Remove Residual Grit and Other Solids from Basins and Dispose of Material to a Subtitle D Landfill CY 30 $_______ $____________ 2 Steel Repairs Including ¼-inch Steel Doubler Plate and Stiffener Plates/Angles Fillet Welded on All Sides LB 15,000 $_______ $____________ Total of All Unit Price Bid Items $ The Bid prices for Unit Price Work set forth as of the Effective Date of the Agreement are based on estimated quantities. As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in Paragraph 9.06 of the General Conditions. C. For all Work, at the prices stated in Contractor’s Bid, attached hereto as an exhibit. ARTICLE 6 – PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. Owner shall make payments within thirty (30) days after presentation of the Application for Payment to Owner by Engineer with Engineer’s recommendation for payment. 6.02 Progress Payments; Retainage A. Owner shall make monthly progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment on or about the day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below. All such payments will be measured by the schedule of values established as provided in Paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions. a. 95% percent of Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 4 of 8 of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be no additional retainage; and b. 95% percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100% percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.B.5 of the General Conditions and less 200% percent of Engineer’s estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. ARTICLE 7 – INTEREST 7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of 4% percent per annum. ARTICLE 8 – CONTRACTOR’S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in Paragraph SC-4.02 of the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in Paragraph SC-4.06 of the Supplementary Conditions as containing reliable "technical data." EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5 of 8 E. Contractor has considered the information known to Contractor; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor’s safety precautions and programs. F. Based on the information and observations referred to in Paragraph 8.01.E above, Contractor does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey an understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 – CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages to , inclusive). 2. Performance bond (pages to , inclusive). 3. Payment bond (pages to , inclusive). 4. Other bonds (pages to , inclusive). a. (pages to , inclusive). b. (pages to , inclusive). c. (pages to , inclusive). 5. General Conditions (pages to , inclusive). 6. Supplementary Conditions (pages to , inclusive). EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 6 of 8 7. Specifications as listed in the table of contents of the Project Manual. 8. Drawings consisting of sheets with each sheet bearing the following general title: SP104 Olde Sycamore WRF Process Improvements. Drawings are separately bound and therefore not attached to this Agreement. 9. Addenda (numbers to , inclusive). 10. Exhibits to this Agreement (enumerated as follows): a. Contractor’s Bid (pages to , inclusive). b. Documentation submitted by Contractor prior to Notice of Award (pages to , inclusive). 11. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed (pages to , inclusive). b. Work Change Directives. c. Change Orders. B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. ARTICLE 10 – MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 7 of 8 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor’s Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 8 of 8 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. Counterparts have been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or have been identified by Owner and Contractor or on their behalf. . This Agreement will be effective on (which is the Effective Date of the Agreement). OWNER: CONTRACTOR UNION COUNTY By: By: Title: County Manager Title: (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: Attest: Title: Title: Address for giving notices: Address for giving notices: 500 N. Main Street Suite 600 Monroe, NC 28112 License No.: (Where applicable) Agent for service of process: EJCDC C-550 Notice to Proceed Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 2 Notice to Proceed Date: _________________ Project: SP104 Olde Sycamore WRF Process Improvements Owner: UNION COUNTY Owner's Contract No.: Contract: Engineer's Project No.: Contractor: Contractor's Address: [send Certified Mail, Return Receipt Requested] You are notified that the Contract Times under the above Contract will commence to run on . On or before that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 4 of the Agreement, the date of Substantial Completion is , and the date of readiness for final payment is [(or) the number of days to achieve Substantial Completion is , and the number of days to achieve readiness for final payment is ]. Before you may start any Work at the Site, Paragraph 2.01.B of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insureds and loss payees) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. Also, before you may start any Work at the Site, you must: [add other requirements]. UNION COUNTY Owner Given by: Authorized Signature Title Date EJCDC C-550 Notice to Proceed Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 2 of 2 THIS PAGE INTENTIONALLY LEFT BLANK EJCDC C-610 – Performance Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 1 of 3 PERFORMANCE BOND CONTRACTOR (name and address): SURETY (name and address of principal place of business): OWNER (name and address): UNION COUNTY 500 N. Main Street, Suite 600 Monroe, North Carolina, 28112 CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount: Description (name and location): SP104 Olde Sycamore WRF Process Improvements BOND Bond Number: Date (not earlier than the Effective Date of the Agreement of the Construction Contract): Amount: Modifications to this Bond Form: None See Paragraph 16 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (seal) (seal) Contractor’s Name and Corporate Seal Surety’s Name and Corporate Seal By: By: Signature Signature (attach power of attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. EJCDC C-610 – Performance Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 2 of 3 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3. 3. If there is no Owner Default under the Construction Contract, the Surety’s obligation under this Bond shall arise after: 3.1 The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor’s performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner’s notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 shall be held within ten (10) business days of the Surety’s receipt of the Owner’s notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner’s right, if any, subsequently to declare a Contractor Default; 3.2 The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and 3.3 The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 shall not constitute a failure to comply with a condition precedent to the Surety’s obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety’s expense take one of the following actions: 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or 5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for: 7.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 7.2 additional legal, design professional, and delay costs resulting from the Contractor’s Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and 7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety’s liability is limited to the amount of this Bond. 9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 11. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within EJCDC C-610 – Performance Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 3 of 3 two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Definitions 14.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 14.2 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3 Contractor Default: Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 14.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 14.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 16. Modifications to this Bond are as follows: EJCDC C-610 – Performance Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 4 of 3 THIS PAGE INTENTIONALLY LEFT BLANK EJCDC C-615, Payment Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 1 of 3 PAYMENT BOND CONTRACTOR (name and address): SURETY (name and address of principal place of business): OWNER (name and address): UNION COUNTY 500 N. Main Street, Suite 600 Monroe, North Carolina 28112 CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount: Description (name and location): SP104 Olde Sycamore WRF Process Improvements BOND Bond Number: Date (not earlier than the Effective Date of the Agreement of the Construction Contract): Amount: Modifications to this Bond Form: None See Paragraph 18 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (seal) (seal) Contractor’s Name and Corporate Seal Surety’s Name and Corporate Seal By: By: Signature Signature (attach power of attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. EJCDC C-615, Payment Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 2 of 3 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. 2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens, or suits by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. 3. If there is no Owner Default under the Construction Contract, the Surety’s obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 13) of claims, demands, liens, or suits against the Owner or the Owner’s property by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, and tendered defense of such claims, demands, liens, or suits to the Contractor and the Surety. 4. When the Owner has satisfied the conditions in Paragraph 3, the Surety shall promptly and at the Surety’s expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit. 5. The Surety’s obligations to a Claimant under this Bond shall arise after the following: 5.1 Claimants who do not have a direct contract with the Contractor, 5.1.1 have furnished a written notice of non- payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and 5.1.2 have sent a Claim to the Surety (at the address described in Paragraph 13). 5.2 Claimants who are employed by or have a direct contract with the Contractor have sent a Claim to the Surety (at the address described in Paragraph 13). 6. If a notice of non-payment required by Paragraph 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant’s obligation to furnish a written notice of non-payment under Paragraph 5.1.1. 7. When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety’s expense take the following actions: 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and 7.2 Pay or arrange for payment of any undisputed amounts. 7.3 The Surety’s failure to discharge its obligations under Paragraph 7.1 or 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Paragraph 7.1 or 7.2, the Surety shall indemnify the Claimant for the reasonable attorney’s fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. 8. The Surety’s total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney’s fees provided under Paragraph 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 9. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner’s priority to use the funds for the completion of the work. 10. The Surety shall not be liable to the Owner, Claimants, or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on behalf of Claimants, or otherwise have any obligations to Claimants under this Bond. 11. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 12. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or EJCDC C-615, Payment Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 3 of 3 (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 13. Notice and Claims to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. 14. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16. Definitions 16.1 Claim: A written statement by the Claimant including at a minimum: 1. The name of the Claimant; 2. The name of the person for whom the labor was done, or materials or equipment furnished; 3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract; 4. A brief description of the labor, materials, or equipment furnished; 5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; 7. The total amount of previous payments received by the Claimant; and 8. The total amount due and unpaid to the Claimant for labor, materials, or equipment furnished as of the date of the Claim. 16.2 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials, or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic’s lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms of “labor, materials, or equipment” that part of the water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor’s subcontractors, and all other items for which a mechanic’s lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 16.3 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. 16.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 17. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 18. Modifications to this Bond are as follows: EJCDC C-615, Payment Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 4 of 3 THIS PAGE INTENTIONALLY LEFT BLANK Contractor's Application for Payment No. Application Application Date: Period: To From (Contractor): Via (Engineer): (Owner): Project: Contract: Owner's Contract No.: Contractor's Project No.: Engineer's Project No.: 1. ORIGINAL CONTRACT PRICE.......................................................... $ 2. Net change by Change Orders................................................................. $ 3. Current Contract Price (Line 1 ± 2)........................................................ $ 4. TOTAL COMPLETED AND STORED TO DATE (Column F on Progress Estimate)........................................................... $ 5. RETAINAGE: a.