HURRICANE FLORENCE EMERGENCY WATERSHED

2877-G: 09/01/2022 00010-1 Table of Contents TABLE OF CONTENTS Document Title Pages 00010 Table of Contents ............................................................................................................. 1-2 Bidding Requirements 00111 Advertisement for Bids .................................................................................................... 1-1 00200 Instruction to Bidders .................................................................................................... 1-12 00410 Bid Form ........................................................................................................................... 1-8 00430 Bid Bond ........................................................................................................................... 1-2 00432 Page for Attaching Power of Attorney (Bid Bond) ........................................................... 1-1 E-Verify Affidavit

.............................................................................................................. 1-1 Contract Requirements 00510 Notice of Award ............................................................................................................... 1-1 00520 Agreement ....................................................................................................................... 1-7 00550 Notice to Proceed ............................................................................................................ 1-1 00610 Performance Bond ........................................................................................................... 1-3 00615 Payment Bond .................................................................................................................. 1-4 00616 Page for Attaching Power of Attorney (P & P Bonds) ...................................................... 1-1 00618 Page for Attaching Certificate of Insurance ..................................................................... 1-1 00620 Contractor’s Application for Payment ............................................................................. 1-4 County Sales and Use Tax Report .................................................................................... 1-1 00625 Certificate of Substantial Completion .............................................................................. 1-1 Contractor’s Affidavit of Release of Liens ........................................................................ 1-1 00634 Certificate of Owner's Attorney & Pre-Audit Statement (Exhibit GC-A) ................................................................................. 1-1 00700 General Conditions (EJCDC, C-700) ................................................................................ 1-72 00800 Supplementary Conditions ............................................................................................ 1-15 Rules Implementing Settlement Conferences ................................................................. 1-9 00940 Work Change Directive .................................................................................................... 1-1 00941 Change Order(s) ............................................................................................................... 1-1 00942 Field Order ....................................................................................................................... 1-1 Technical Specifications Division 1 - General Requirements Section Title .............................................................................................................................. Pages 01100 Summary of Work ............................................................................................................ 1-5 01270 Unit Prices ........................................................................................................................ 1-2 01314 Project Meetings .............................................................................................................. 1-1 01330 Submittal Procedures ...................................................................................................... 1-5 01500 Temporary Facilities and Controls ................................................................................... 1-3 Division 2 - Site Construction 02230 Stream Clearing and Snagging ......................................................................................... 1-3 02370 Erosion Control ................................................................................................................ 1-4 Appendices 2877-G: 09/01/2022 00010-2 Table of Contents Appendix 1-NRCS Damage Survey Report Appendix 2-Stream Maps ADVERTISEMENT INVITATION FOR PROPOSALS FOR CUMBERLAND COUNTY ENGINEERING & INFRASTRUCTURE DEPARTMENT HURRICANE FLORENCE EMERGENCY WATERSHED Cumberland County North Carolina A mandatory pre-bid conference will be held at 10:00 AM eastern standard time on September 27, 2022, in the office of the Cumberland Soil and Water Conservation District, 301 East Mountain Dr, Suite 229, Fayetteville, NC 28306. The County will ONLY accept bids from contractors present at the Pre-Bid Conference. Pursuant to Section 143-131 of the General Statutes of North Carolina, formal bids are solicited and will be received in the office of the Cumberland County Engineering & Infrastructure Department, Room 214, in the Historic Courthouse located at 130 Gillespie Street, Fayetteville, North Carolina at any time before 2:00 PM eastern standard time on October 14, 2022, and then publicly opened in the office of the Cumberland County Engineering & Infrastructure Department in the Historic Courthouse and read for construction of the proposed: Stream clearing and snagging for 29 streams across Cumberland County Proposals must be enclosed in a sealed envelope addressed to Mr. Jermaine Walker, County Engineer, 130 Gillespie Street, Room 214, Fayetteville, NC 28301. The outside of the envelope must be marked “PROPOSAL FOR HURRICANE FLORENCE EMERGENCY WATERSHED” and shall indicate the name, address, telephone number and state license number of the bidder. Proposals must be submitted on the printed form, or exact copies thereof, contained in the Contract Documents. GENERAL INFORMATION Failure to return all required documents and information specified in this RFP may result in a determination that the proposal is non-responsive. No costs associated with preparing a proposal, including any mailing costs, publishing cost, etc. will be reimbursed by the County. Stream locations are listed in Appendix 2. Contractors are reminded that this RFP does not give authority to access or traverse private property for the purpose of viewing any sites. Contractors may use public rights-of-way or public boat ramps to access the sites if desired. Performance and Payment Bonds are required. A bid bond is required for this project. All Contractors are notified that North Carolina Statutory provisions as to licensing for contractors will be observed in receiving, reading, and awarding of contracts. The contractor must show evidence that it is in good standing with any North Carolina Board for Licensing or agency that governs the advertised services requested in this RFP. Plans and specifications, including Contract Documents, are open to public inspection and available upon request at the Cumberland County Engineering & Infrastructure Department Office, 130 Gillespie Street, Fayetteville, NC. The Board of Commissioners reserves the right to reject any or all proposals. Selection of the contractor will be based on lowest responsive responsible bid. A proposed timeline for completing the proposed work scope shall be included and submitted by each bidder responding to this RFP. The timeline shall indicate the number of days/months projected to perform all work scope requested. No bids may be withdrawn after the scheduled closing time for the receipt of proposals for a period of forty-five (45) days. 2877-G: 09/14/22 EJCDC® C-200 - Page 1 Instruction to Bidders Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. INSTRUCTIONS TO BIDDERS TABLE OF CONTENTS Page ARTICLE 1 – Defined Terms ........................................................................................................................... 2 ARTICLE 2 – Copies of Bidding Documents ................................................................................................... 2 ARTICLE 3 – Qualifications of Bidders ........................................................................................................... 2 ARTICLE 4 – Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program; Other Work at the Site .................................................................................................................................. 3 ARTICLE 5 – Bidder’s Representations .......................................................................................................... 5 ARTICLE 6 – Pre-Bid Conference ................................................................................................................... 6 ARTICLE 7 – Interpretations and Addenda .................................................................................................... 6 ARTICLE 8 – Bid Security ............................................................................................................................... 6 ARTICLE 9 – Contract Times .......................................................................................................................... 7 ARTICLE 10 – Liquidated Damages ................................................................................................................ 7 ARTICLE 11 – Substitute and “Or-Equal” Items............................................................................................. 7 ARTICLE 12 – Subcontractors, Suppliers, and Others ................................................................................... 7 ARTICLE 13 – Preparation of Bid ................................................................................................................... 8 ARTICLE 14 – Basis of Bid .............................................................................................................................. 9 ARTICLE 15 – Submittal of Bid ....................................................................................................................... 9 ARTICLE 16 – Modification and Withdrawal of Bid ..................................................................................... 10 ARTICLE 17 – Opening of Bids ..................................................................................................................... 10 ARTICLE 18 – Bids to Remain Subject to Acceptance ................................................................................. 10 ARTICLE 19 – Evaluation of Bids and Award of Contract ............................................................................ 10 ARTICLE 20 – Bonds and Insurance ............................................................................................................. 11 ARTICLE 21 – Signing of Agreement ............................................................................................................ 11 ARTICLE 22 – Sales and Use Taxes .............................................................................................................. 12 ARTICLE 23 – Wage Rate Requirements ..................................................................................................... 12 ARTICLE 24 – Federal/State Requirements ................................................................................................. 12 2877-G: 09/14/22 EJCDC® C-200 - Page 2 Instruction to Bidders Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 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 Bidders are notified that Chapter 87, Article 1 of the General Statutes of North Carolina, will be observed in receiving and awarding contracts. Bidders for this Project must be licensed in the following classifications and limitations: A. General: Must have a General Contractors license with one of the following classifications with a limitation appropriate to the bid amount. 1. Classifications: a. Unclassified b. Highway c. Building d. Specialty-H (Grading and Excavating) 2. Limitations: a. "Limited": Up to $500,000 b. "Intermediate": Up to $1,000,000 c. "Unlimited": No limit on contract value 3.02 To demonstrate Bidder’s qualifications to perform the Work, after submitting its Bid and within five (5) days of Owner’s request, Bidder shall submit (a) written evidence establishing its qualifications such as financial data, previous experience, and present commitments, and (b) the following additional information: A. Official name of Bidder and length of time the organization has been in business under present name. B. Address, phone and fax numbers of main place of business. Address and phone numbers of company office that will manage the Project if different than above. 2877-G: 09/14/22 EJCDC® C-200 - Page 3 Instruction to Bidders Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. C. Officers of the company. Name and resume of designated project manager and field superintendent. Number of regular employees of the organization. D. Evidence of Bidder’s authority to do business in the state where the Project is located. E. Latest financial statement showing assets and liabilities of the company. F. Name and home office address of the Surety proposed and the name and address of the responsible local claim agent. G. Listing of completed projects of similar size and type. Provide name and phone number of project owner representative. H. Existing work commitments. I. List of work to be subcontracted. Name and addresses of subcontractors. J. Names and addresses of major material Suppliers. K. Statement that bidder is capable of completing the project within the stated time. 3.03 Bidder shall be required to submit identification of firms and Affidavits as required in the Bid Form. 3.04 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract. 3.05 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications. 3.06 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. 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. 2877-G: 09/14/22 EJCDC® C-200 - Page 4 Instruction to Bidders Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 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. 3. 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 5.03, 5.04, and 5.05 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 5.06 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. 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. 2877-G: 09/14/22 EJCDC® C-200 - Page 5 Instruction to Bidders Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 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 8 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; 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. 2877-G: 09/14/22 EJCDC® C-200 - Page 6 Instruction to Bidders Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 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. Pre-bid conference is a mandatory conference for potential bidders. See the “Advertisement invitation for Proposals” page. Engineer will transmit to all prospective Bidders of record such Addenda as Engineer considers necessary in response to questions arising at the conference. 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. Questions may be faxed or e-mailed. Questions will not be taken by phone. Engineer's fax number is 1-919-834-3589. E-mail address is llowe@thewootencompany.com. Submittal with questions shall include the project name, the person’s name submitting the question, firm, telephone number, fax number and email. 7.02 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 must be received no later than October 5, 2022, and responses will be posted at least 7 days before the bids are due. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.03 Addenda may be issued to clarify, correct, supplement, or change the Bidding Documents. ARTICLE 8 – BID SECURITY 8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of five 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 6.01 and 6.02 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 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of 2877-G: 09/14/22 EJCDC® C-200 - Page 7 Instruction to Bidders Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults. 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 the end of the Bid holding period, 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, Milestones are to be achieved and 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, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, 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 in the case of the substitute and 5 days prior in the case of the proposed “or-equal”. Each such request shall comply with the requirements of Paragraphs 7.04 and 7.05 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. Substitutes and “or-equal” materials and equipment may be proposed by contractor in accordance with Paragraphs 7.04 and 7.05 of the General Conditions after the Effective Date of the Contract. 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. 11.03 If an award is made, Contractor shall be allowed to submit proposed substitutes and “or-equals” in accordance with the General Conditions. ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 [Deleted]. 12.02 [Deleted]. 2877-G: 09/14/22 EJCDC® C-200 - Page 8 Instruction to Bidders Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 12.03 If required by the bid documents, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening or at time of bid as specified, submit to Owner a list of the Subcontractors or Suppliers proposed for the following portions of the Work: If requested by Owner, 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, or other individual or entity. 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 an acceptable substitute, in which case apparent Successful Bidder shall submit a substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 12.04 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, or other individuals or entities. Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.06 of the General Conditions. 12.05 Contractor shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom Contractor has reasonable objection. 12.06 The Contractor shall not award work to Subcontractor(s) in excess of the limits stated in SC 7.06A. 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. A Bid price shall be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein. 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. Affix corporate seal as required by State law. 13.03 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown. 13.04 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. 13.05 A Bid by an individual shall show the Bidder’s name and official address. 2877-G: 09/14/22 EJCDC® C-200 - Page 9 Instruction to Bidders Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 13.06 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. 13.07 All names shall be printed in ink below the signatures. 13.08 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 13.09 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 13.10 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 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 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 13.03 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. 14.02 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 13.02.B of the General Conditions. 14.03 [Deleted]. 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, including the E-verify Affidavit, 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 an opaque sealed package plainly marked on the outside with the Project title, Contract number as applicable, the name and address of Bidder, N.C. Contractor’s license number with classification and limitation 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 2877-G: 09/14/22 EJCDC® C-200 - Page 10 Instruction to Bidders Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. sealed package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid shall be addressed to: Cumberland County Engineering Infrastructure Department Att: Mr. Jermaine Walker, County Engineer 130 Gillespie Street, Room 214 Fayetteville, NC 28301 When using the mail or other delivery system, the Bidder is totally responsible for the mail or other delivery system delivering the Bid at the place and prior to the time indicated in the Advertisement for Bid. 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 If within 72 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, in accordance with the provisions of N.C. General Statutes 143-129.1, and the Bid security will be returned. 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 2877-G: 09/14/22 EJCDC® C-200 - Page 11 Instruction to Bidders Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. all minor informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. 19.02 If Owner awards the contract for the Work, such award shall be to the responsible Bidder submitting the lowest responsive responsible Bid/Bidder. 19.03 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of Bids in which that Bidder has an interest. 19.04 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 lowest responsive responsible Bid/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. C. [Deleted]. 19.05 [Deleted]. 19.06 [Deleted]. 19.07 [Deleted]. 19.08 [Deleted]. 19.09 Owner reserves the right to reject Bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy Owner that such Bidder is properly qualified to carry out the obligations of the Agreement and to complete the Work described therein. 19.10 Should the Owner adjudge that the apparent lowest responsive responsible Bid/Bidder is not the lowest responsive responsible Bid/Bidder by virtue of the above information, said apparent lowest responsive responsible Bid/Bidder will be so notified and his Bid security shall be returned. 19.11 If the Contract is to be awarded, Owner will award the Contract to the lowest responsive responsible Bid/Bidder whose Bid, conforming with all the material terms and conditions of the Instruction to Bidders, is lowest price. ARTICLE 20 – BONDS AND INSURANCE 20.01 Article 6 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. 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 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. Within ten days 2877-G: 09/14/22 EJCDC® C-200 - Page 12 Instruction to Bidders Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 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. 21.02 In case of failure of Bidder to execute the Agreement, Owner may at his option consider Bidder in default, in which case Bid Bond accompanying Bid shall become the property of the Owner. ARTICLE 22 – SALES AND USE TAXES 22.01 Owner is NOT exempt from state sales and use taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Bid. Refer to Paragraph SC-7.09 of the Supplementary Conditions for additional information. ARTICLE 23 – WAGE RATE REQUIREMENTS 23.01 If the contract price is in excess of $100,000, provisions of the Contract Work Hours and Safety Standards Act at 29 CFR5.5 (b) apply. ARTICLE 24 – FEDERAL/STATE REQUIREMENTS 24.01 Project Funding-The purpose of the proposed work is to improve drainage resulting from woody debris deposition caused by Hurricane Florence in September of 2018. The contractor will be tasked with implementing the proposed grant work scope and meeting the requirements developed under the Emergency Watershed Protection (EWP) Program. The proposed work shall be funded in part by the US Department of Agriculture (USDA) and Natural Resources and Conservation Service (NRCS) in a grant identified as Contract 37-09-18-5038 and the North Carolina Department of Agriculture and Consumer Services (NCDA & CS)-Division of Soil and Water Conservation identified as Contract 19-091-4086. END OF DOCUMENT 2877-G: 09/01/2022 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 Project: Hurricane Florence Emergency Watershed Protection Grant Project Bid From: __________________________________________________ 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 ........................................................................................................ 7 Article 7 – Attachments to this Bid .................................................................................................. 7 Article 8 – Defined Terms ................................................................................................................ 7 Article 9 – Bid Submittal .................................................................................................................. 8 2877-G: 09/01/2022 EJCDC® C-410 - Page | 1 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. ARTICLE 1 – BID RECIPIENT 1.01 This Bid is submitted to: Cumberland County Engineering & Infrastructure 130 Gillespie Street, Room 214 Fayetteville, NC 28301 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 45 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. 2877-G: 09/01/2022 EJCDC® C-410 - Page | 2 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. 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; 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 2877-G: 09/01/2022 EJCDC® C-410 - Page | 3 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. 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) as shown on the Bid Schedule (see page 4). THIS SECTION LEFT INTENTIONALLY BLANK 2877-G: 09/01/2022 EJCDC® C-410 - Page | 4 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. BID FORM CUMBERLAND COUNTY EWP Cumberland County (the “Grantee”) will complete watershed restoration activities including cutting and removing downed trees, broken tops, woody/vegetative debris and trash that impede or potentially impede water flow in the streams and tributaries included in Table B1 below (taken from the application submitted by the GRANTEE). For sites for which this contract is supplementing USDA Emergency Watershed Protection Program (EWPP) funding, complete work must also satisfy EWPP requirements prior to payment being authorized. Bid Schedule Base Bid Hurricane Florence Emergency Watershed Item No. Segment Name Description EWP Project Linear Feet Planned Unit Bid Price 1 Locks Creek (Autry Site) Clearing and Snagging 37-09-18- 5038-032 700 2 Cedar Creek Clearing and Snagging 37-09-18- 5038-033 13,824 3 UT (McBryde Rd) Clearing and Snagging 37-08-18- 5038-034 300 4 Carvers Creek (Ramsey St) Clearing and Snagging; Remove Obstruction 37-09-18- 5038-035 800 5 UT to Cape Fear River (Slocumb Rd) Clearing and Snagging 37-08-18- 5038-036 900 6 UT to Little River (Vass Rd) Clearing and Snagging 37-08-18- 5038-037 5,300 7 Little River (Manchester Rd) Clearing and Snagging 37-18-18- 5038-038 300 8 Baywood Rd Reece Cr Stream Debris Removal 37-09-18- 5038-067 800 9 Buck Cr Magnolia Church Rd Stream Debris Removal 37-09-18- 5038-068 300 2877-G: 09/01/2022 EJCDC® C-410 - Page | 5 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. Item No. Segment Name Description EWP Project Linear Feet Planned Unit Bid Price 10 Canady Pond Rd Unnamed Trib Stream Debris Removal 37-09-18- 5038-069 400 11 Cedar Cr Rd Lock Cr Stream Debris Removal 37-09-18- 5038-070 6,100 12 Council Rd Cold Camp Cr Stream Debris Removal 37-09-18- 5038-071 500 13 Coventry Rd Buckhead Cr Stream Debris Removal 37-09-18- 5038-072 600 14 Galatia Church Rd Stuart Cr Stream Debris Removal 37-09-18- 5038-074 800 15 Hwy 53 McKinnon Rd Stream Debris Removal 37-09-18- 5038-075 500 16 Morgan Rd Hybarts Br Branson Cr Stream Debris Removal 37-09-18- 5038-076 8,500 17 Peters Cr Stream Debris Removal 37-09-18- 5038-077 11,400 18 Rt 295 Underwood Rd Gum Log Canal Stream Debris Removal 37-09-18- 5038-078 32,622 19 Spencer Rd Beaver Dam Cr Stream Debris Removal 37-09-18- 5038-079 400 20 Butler Nursery Rd Gray Cr Stream Debris Removal 37-09-18- 5038-173 800 21 Callie Rd Ditch Stream Debris Removal 37-09-18- 5038-174 2,500 22 Cedar Cr Rd Harrison Cr Stream Debris Removal 37-09-18- 5038-175 2,500 2877-G: 09/01/2022 EJCDC® C-410 - Page | 6 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. Item No. Segment Name Description EWP Project Linear Feet Planned Unit Bid Price 23 Gillis Hill Rd Little Rockfish Creek Stream Debris Removal 37-09-18- 5038-176 2,500 24 Hwy 210 Beaver Dam Cr Trib Stream Debris Removal 37-09-18- 5038-177 300 25 Slocomb Rd Trib Stream Debris Removal 37-09-18- 5038-179 200 26 Slocomb Rd 2 Stream Debris Removal 37-09-18- 5038-356 800 27 Suggs Turnbull Cr Stream Debris Removal 37-09-18- 5038-357 800 28 Myrover-Reese Stream Debris Removal 37-09-18- 5038-392 3,200 29 Bainbridge Rd Stream Debris Removal 37-09-18- 5038-393 8,500 In the event the Grantee completes the work specified in the Scope of Work without exhausting the funds in the Contract, the Agency Contract Administrator may issue a Work Authorization to approve stream debris removal work for additional stream segments requested by the Grantee, not to exceed the funds available in the Contract. 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. Total Price Base Bid Hurricane Florence Emergency Watershed: $______________________________. *See next page for Time of Completion* 2877-G: 09/01/2022 EJCDC® C-410 - Page | 7 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. ARTICLE 6 – TIME OF COMPLETION 6.01 Bidder agrees that the Work will be substantially complete and ready for final payment in ____________________calendar days after the Notice to Proceed 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. 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; B. Contractor’s License No.: __________ [or] Evidence of Bidder’s ability to obtain a State Contractor’s License and a covenant by Bidder to obtain said license within the time for acceptance of Bids; C. E-Verify Affidavit 7.02 [DELETED] 7.03 [DELETED] 7.04 Bidder understands that if this Bid is accepted by the Owner, Bidder shall not substitute for the subcontractors named in the Bid Documents except as allowed in the Supplementary Conditions. 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. 2877-G: 09/01/2022 EJCDC® C-410 - Page | 8 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. 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.: Bidder’s Classification: Bidder’s Limitation: Employer’s Tax ID No.: END OF DOCUMENT PENAL SUM FORM EJCDC® C-430, Bid Bond (Penal Sum Form). Published 2013. 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— Include Location): BOND Bond Number: 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: 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). Published 2013. 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 the 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 the 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. 2877-G: 9/1/2022 00432-1 Power of Attorney PAGE FOR ATTACHING POWER OF ATTORNEY (Bid Bond) STATE OF NORTH CAROLINA AFFIDAVIT _________________________ COUNTY OR MUNICIPALITY ****************************** I, ______________________________ (the individual attesting below), being duly authorized by and on behalf of ________________________________ (the entity bidding on project hereinafter “Employer”) after first being duly sworn hereby swears or affirms as follows: 1. Employer understands that E-Verify is the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law in accordance with NCGS §64-25(5). 2. Employer understands that Employers Must Use E-Verify. Each employer, after hiring an employee to work in the United States, shall verify the work authorization of the employee through E-Verify in accordance with NCGS§64-26(a). 3. Employer is a person, business entity, or other organization that transacts business in this State and that employs 25 or more employees in this State. (mark Yes or No) a. YES ______, or b. NO _______ 4. Employer’s subcontractors comply with E-Verify, and if Employer is the winning bidder on this project Employer will ensure compliance with E-Verify by any subcontractors subsequently hired by Employer. This ______ day of _______________, 20 . __________________________________________ Signature of Affiant Print or Type Name: _________________________ State of North Carolina County of __________________ Signed and sworn to (or affirmed) before me, this the ______ day of __________________, 20 . My Commission Expires: ____________________ Notary Public (A ffix O fficial / N o tarial Seal) 2877-G: 09/01/2022 EJCDC® C-510 - Page 1 of 1 Notice of Award Prepared and published 2013 by the Engineers Joint Contract Documents Committee. NOTICE OF AWARD Date of Issuance: Owner: Cumberland County Owner's Contract No.: N/A Engineer: The Wooten Company Engineer's Project No.: 2877-G Project: Hurricane Florence Emergency Watershed Contract Name Bidder: Bidder’s Address: TO BIDDER: You are notified that Owner has accepted your Bid dated ________ for the above Contract, and that you are the Successful Bidder and are awarded a Contract for: Hurricane Florence Emergency Watershed The Contract Price of the awarded Contract is: $ __________________ __ unexecuted counterparts of the Agreement accompany this Notice of Award, and one copy of the Contract Documents accompanies this Notice of Award or has been transmitted or made available to Bidder electronically. a set of the Drawings will be delivered separately from the other Contract Documents. You must comply with the following conditions precedent within ten (10) days of the date of receipt of this Notice of Award : 1. Deliver to Owner 5 counterparts of the Agreement, fully executed by Bidder. 2. Deliver with the executed Agreement(s) the Contract security [e.g., performance and payment bonds] and insurance documentation as specified in the Instructions to Bidders and General Conditions, Articles 2 and 6. 3. Other conditions precedent (if any): N/A Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Agreement, together with any additional copies of the Contract Documents as indicated in Paragraph 2.02 of the General Conditions. Owner: Cumberland County Authorized Signature By: Title: Copy: Engineer 2877-G: 09/01/2022 EJCDC® C-520 - Page 1 of 7 Agreement Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) THIS AGREEMENT is by and between CUMBERLAND 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: A. ARTICLE 2 – THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: ARTICLE 3 – ENGINEER 3.01 The Project has been designed by The Wooten Company, 120 North Boylan Avenue, Raleigh, North Carolina, 27603. 3.02 The Owner has retained The Wooten Company (“Engineer”) 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 Contract Times: Days A. The Work will be substantially completed within __ days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within __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 and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. 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 2877-G: 09/01/2022 EJCDC® C-520 - Page 2 of 7 Agreement Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $350 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete. 2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $350 for each day that expires after such time until the Work is completed and ready for final payment. 3. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently. 4.04 [Deleted] ARTICLE 5 – CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract: A. For all Unit Price Work, an amount equal to the sum of the extended prices (established for each separately identified item of Unit Price Work by multiplying the unit price times the actual quantity of that item) as indicated in the Contractor’s Bid, attached hereto as an exhibit: Total of all Extended Prices for Unit Price Work (subject to final adjustment based on actual quantities): $ _______ . The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer. B. [Deleted] C. [Deleted] ARTICLE 6 – PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment on or about the 25th day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price 2877-G: 09/01/2022 EJCDC® C-520 - Page 3 of 7 Agreement Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. 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 Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract a. 95 percent of Work completed (with the balance being retainage). b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). B. Upon Substantial Completion of the entire construction to be provided under the Contract Documents, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E 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 punch list of items to be completed or corrected prior to final payment. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06. ARTICLE 7 – INTEREST 7.01 [Deleted] ARTICLE 8 – CONTRACTOR’S REPRESENTATIONS 8.01 To induce Owner to enter into this Contract, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, 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 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 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. E. Contractor has considered the information known to Contractor itself; 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 2877-G: 09/01/2022 EJCDC® C-520 - Page 4 of 7 Agreement Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor’s safety precautions and programs. F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no 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. 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 understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 9 – CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to 7, inclusive). 2. Performance bond (pages 1 to 3, inclusive). 3. Payment bond (pages 1 to 3, inclusive). 4. Certificate of Insurance (pages 1 to 1, inclusive). 5. General Conditions (pages 1 to 65, inclusive). 6. Supplementary Conditions (pages 1 to 15, inclusive). 7. Specifications as listed in the table of contents of the Project Manual. 8. Drawings (not attached but incorporated by reference) consisting of 0 sheets with each sheet bearing the following general title: NOT APPLICABLE 9. Addenda (numbers _ to _, inclusive). 10. Exhibits to this Agreement (enumerated as follows): a. Contractor’s Bid (pages 1 to _, inclusive). b. Bid Bond (pages 1 to _, inclusive) c. Notice of Award (pages 1 to 1, inclusive). d. Documentation submitted by Contractor prior to Notice of Award. 11. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. 2877-G: 09/01/2022 EJCDC® C-520 - Page 5 of 7 Agreement Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. b. Work Change Directives. c. Change Orders. d. Field 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 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. Unless expressly agreed to elsewhere in the Contract, 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, money that may become due and money that is 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. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its 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 2877-G: 09/01/2022 EJCDC® C-520 - Page 6 of 7 Agreement Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 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. 10.06 Other Provisions A. Owner stipulates that if the General Conditions that are made a part of this Contract are based on EJCDC® C-700, Standard General Conditions for the Construction Contract, published by the Engineers Joint Contract Documents Committee®, and if Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or “track changes” (redline/strikeout), or in the Supplementary Conditions. IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in quadruplicate. One counterpart each has been delivered to Owner, Contractor and two counterparts to Engineer. All portions of the Contract Documents have been signed or have been identified by Owner and Contractor or identified by Engineer on their behalf. This Agreement will be effective on ________, 2022 (which is the Effective Date of the Contract). 2877-G: 09/01/2022 EJCDC® C-520 - Page 7 of 7 Agreement Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. OWNER: CONTRACTOR: CUMBERLAND COUNTY By: By: Title: Title: (If Contractor is a corporation, partnerships, or a joint venture, attach evidence of authority to sign.) Attest: Attest: Title: Title: Address for giving notices: Address for giving notices: 130 Gillespie Street, Room 214 Fayetteville, NC 28301 License No.: (where applicable) (If Owner is a corporation, attach evidence of authority to sign. If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of this Agreement.) This instrument has been pre-audited in the manner required by the local Government Budget and Fiscal Control Act. Finance Officer – CUMBERLAND COUNTY 2877-G: 09/01/2022 EJCDC® C-550 - Page 1 of 1 Notice to Proceed Prepared and published 2013 by the Engineers Joint Contract Documents Committee. NOTICE TO PROCEED Owner: Cumberland County Owner's Contract No.: Contractor: Contractor’s Project No.: Engineer: The Wooten Company Engineer's Project No.: 2877-G Project: Hurricane Florence Emergency Water Shed Contract Name: n/a Effective Date of Contract: _______________, 2022 TO CONTRACTOR: Owner hereby notifies Contractor that the Contract Times under the above Contract will commence to run on , 2022. On that date, Contractor shall start performing its obligations under the Contract Documents. No Work shall be done at the Site prior to such date. In accordance with the Agreement, the number of days to achieve Substantial Completion is __, and the number of days to achieve readiness for final payment is__. Call in locates with 811 and notify Cumberland County. Owner: Cumberland County Authorized Signature By: Title: Date Issued: Copy: Engineer EJCDC® C-610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 of 3 PERFORMANCE BOND CONTRACTOR (name and address): SURETY (name and address of principal place of business): OWNER (name and address): Cumberland County 130 Gillespie Street, Room 214 Fayetteville, NC 28301 CONSTRUCTION CONTRACT Effective Date of the Agreement: _______________, 2022 Amount: Description (name and location): Hurricane Florence Emergency Watershed 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 Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 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. EJCDC® C-610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 of 3 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 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-615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 of 4 PAYMENT BOND CONTRACTOR (name and address): SURETY (name and address of principal place of business): OWNER (name and address): Cumberland County 130 Gillespie Street, Room 214 Fayetteville, NC 28301 CONSTRUCTION CONTRACT Effective Date of the Agreement: ________________, 2022 Amount: $ Description (name and location): Hurricane Florence Emergency Watershed 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 Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2 of 4 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 ...