Asphalt Repair- LH REVISED

Educating the Future PO Box 400, Lincolnton, NC 28093 Phone: 704-732-2261 Fax: 704-736-4321 Request for Proposal February 21, 2024; Revised March 1, 2024- Bid Deadline Extended to March 22, 2024 Scope of Work: Lincoln County Schools is accepting bids for asphalt repairs at Lincolnton High School. The site repair needs are as follows. Area A (Student Parking Lot, see map) Area A Light- Duty paving (Approximately 650 Square yards) • Remove existing asphalt pavement • Add 2” ABC stone • Furnish and install 2” asphalt paving • Restriping of parking lines and traffic signals • All manholes, grates, cleanouts, etc. must be flush with final asphalt surfaces. Area A Heavy-Duty paving (Approximately 10,000 Square yards) • Remove existing asphalt pavement • Add 2” ABC stone • Furnish and install 4” asphalt paving • Restriping of parking lines and traffic signals • All manholes, grates, cleanouts, etc. must be flush with final asphalt surfaces. Area B (Bus Parking Lot, Teacher Parking Lot, see

map) Area B Light- Duty paving (Approximately 2900 Square yards) • Remove existing asphalt pavement • Add 2” ABC stone • Furnish and install 2” asphalt paving • Restriping of parking lines and traffic signals • All manholes, grates, cleanouts, etc. must be flush with final asphalt surfaces. Area B Heavy-Duty paving (Approximately 3500 Square yards) • Remove existing asphalt pavement • Add 2” ABC stone • Furnish and install 4” asphalt paving • Restriping of parking lines and traffic signals • All manholes, grates, cleanouts, etc. must be flush with final asphalt surfaces. Area C (Main Entrance, Loop, Parking, see map) Area C Heavy - Duty paving (Approximately 2300 Square yards) • Remove existing asphalt pavement • Add 2” ABC stone • Furnish and install 4” asphalt paving • Restriping of parking lines and traffic signals • All manholes, grates, cleanouts, etc. must be flush with final asphalt surfaces. Educating the Future PO Box 400, Lincolnton, NC 28093 Phone: 704-732-2261 Fax: 704-736-4321 Area D (Cafeteria Drive, Parking see map) Area D Heavy-Duty paving (Approximately 2000 Square yards) • Remove existing asphalt pavement • Add 2” ABC stone • Furnish and install 4” asphalt paving • Restriping of parking lines and traffic signals • All manholes, grates, cleanouts, etc. must be flush with final asphalt surfaces. Area E (Stadium access) Area E Light- Duty paving (Approximately 8000 Square yards) • Remove existing asphalt pavement • Add 2” ABC stone • Furnish and install 2” asphalt paving • Restriping of parking lines and traffic signals • All manholes, grates, cleanouts, etc. must be flush with final asphalt surfaces. Bid Requirements: Bids that do not contain all of the information that has been requested will not be considered during the bid opening. All bids should include the following. ● Prior to bidding a site visit must be made (contact the Director of Maintenance listed below) ● Bids must include price for paving of areas A, B, C, D, E Area A (Paving) $ Area B (Paving) $ Area C (Paving) $ Area D (Paving) $ Area E (Paving) $ Expected start date Expected completion date Note: The Board may not award the paving of each area. Areas selected for paving will be done in a manner to meet budget requirements. Educating the Future PO Box 400, Lincolnton, NC 28093 Phone: 704-732-2261 Fax: 704-736-4321 Lincoln County Schools Contractor Requirements must be met. (Requirements can be found on the Lincoln County Schools website under “Public Bid Notices.”) → All projected over $300k will require a performance/payment bond. → All projects over $300k will require completion of minority participation forms. → All projects under $500k will require a small construction contract, sample below. * See attached documents. NOTE: The Director of Maintenance will be the primary project contact. NOTE: Square yardage is approximate totals. It is the bidder’s responsibility to determine actual square yardage. NOTE: By bidding on this project, the contractor certifies that the business is not listed on the North Carolina Treasurer’s Iran Divestment Act list and will not use any subcontractor on the list. FINAL DIVESTMENT AND DO=NOT-CONTRACT LIST- IRAN: https://www.nctreasurer.com/media/2797/download Project Start Date: May 30, 2024 (Must be completed by August 5, 2024.) Bid Deadline: March 22, 2024 Sealed bids must be submitted by 4:00 pm. Submit Bid To: Cathy Gates Administrative Assistant to the Superintendent Lincoln County Schools Mailing Address: 201 Jeb Seagle Drive PO Box 400 Lincolnton, NC 28092 Lincolnton, NC 28093 cgates@lincoln.k12.nc.us Delivery Instructions: Sealed bids must be Hand Delivered or Delivered by the U.S. Postal Service NOTE: Packaging must be labeled appropriately (EX: Bid for Asphalt Repair- LH) Contact Mr. Ted Ramsey, Director of Maintenance, to schedule a site visit or with any questions you may have about this project. tramsey@lcsnc.org or 704-736-4200 https://www.nctreasurer.com/media/2797/download mailto:cgates@lincoln.k12.nc.us mailto:tramsey@lcsnc.org Date of Execution of this Bond ____________________________________________________ Name and Address of ____________________________________________________ Principal (Contractor) ____________________________________________________ ____________________________________________________ Name and Address of Surety ____________________________________________________ ___________________________________________________ ____________________________________________________ Name and Address of Contracting Body ____________________________________________________ ____________________________________________________ ____________________________________________________ Amount of Bond ____________________________________________________ ____________________________________________________ Contract That certain contract by and between the Principal and the Contracting Body above named dated _____________________ for the project entitled ________________________________________________ _____________________________________________________ KNOW ALL MEN BY THESE PRESENTS, that we, the PRINCIPAL and SURETY above named, are held and firmly bound unto the above-named Contracting Body, hereinafter called the Contracting Body, in the penal sum of the amount stated above for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal entered into a certain contract with the Contracting Body, identified as shown above and hereto attached; NOW THEREFORE, if the Principal shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term of said contract and any extensions thereof that may be granted by the Contracting Body, with or without notice to the Surety, and during the life of any guaranty required under the contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of any and all duly authorized modifications of the contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, then, this obligation to be void; otherwise, to remain in full force and virtue. PERFORMANCE BOND: (Continued) THIS PERFORMANCE BOND is made and given pursuant to the requirements and provisions of Section 129 of Chapter 143 of the General Statutes of North Carolina and pursuant to Article 3 of Chapter 44-A of the General Statutes of North Carolina, and each and every provision set forth and contained in Section 129 of Chapter 143 and in Article 3 of Chapter 44-A of the General Statutes of North Carolina is incorporated herein, made a part hereof, and deemed to be conclusively written into this Bond. PERFORMANCE BOND Page 2 Revised 9/02 {CS: 00111264.DOCX } IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals as of the date indicated above, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned and representative, pursuant to authority of its governing body. WITNESS: ______________________________________ Principal (Name of individual, individual and trade name, partnership, corporation, or joint ________________________________ venture) (Proprietorship or Partnership) BY _____________________________(SEAL) TITLE_________________________________ (Owner, Partner, Office held in corporation, joint venture) ATTEST: (Corporation) (Corporate Seal of Principal) BY_____________________________________ TITLE__________________________________ (Corporation Secretary or Assistant Secretary Only) _______________________________________ Surety (Name of Surety Company) WITNESS: BY____________________________________ _____________________________________ TITLE____Attorney in Fact________________ (Corporate Seal of Surety) ______________________________________ COUNTERSIGNED: (Address of Attorney in Fact) _______________________________________ N.C. Licensed Resident Agent {CS: 00111264.DOCX } Revised July 2010 {CS: 00111264.DOCX } Revised July 2010 FINAL CERTIFICATE AND RELEASE CONTRACTOR: SURETY: OWNER: __________________________ COUNTY BOARD OF EDUCATION REFERENCE: The Contract entered into the ______ day of ____________, 20__ by and between the _________________ COUNTY BOARD OF EDUCATION (hereinafter called the "Board") and ____________________________ (hereinafter called the "Contractor") (collectively referred to as “the Parties”), for the Project entitled ____________________________ (hereinafter called the “Project”). KNOW ALL MEN BY THESE PRESENTS: 1. The Contractor hereby certifies that there is due and payable under the Contract, and all change orders and modifications thereof, the sum of $_____________________ as final payment. 2. The Contractor further certifies that there are no outstanding or unsettled claims or items in addition to the amount set forth in paragraph 1 herein which it claims are just and due and owing by the Board to the Contractor. 3. The Contractor further certifies that all work required under the Contract, including work required under all agreed upon change orders and modifications, has been performed in accordance with the terms thereof, the Contractor will provide to the Board all close-out documents required by the Contract. 4. Except for the amount stated in paragraph 1 herein, the Contractor has received from the Board all sums of money payable to the Contractor under or pursuant to the Contract, change orders, modifications, change directives, claims, demands or otherwise. 5. That in further consideration of the payment of the amount stated in Paragraph 1 herein, the Contractor does hereby release the Board and the Board’s past, present and future members, officers, employees and agents, and their respective assigns, successors, heirs and representatives from any and all claims, demands, rights, claims of lien, damages, suits, and causes of action, both legal and equitable, which the Contractor has, might now have, or that subsequently may accrue to it, arising under, growing out of, or in any wise connected with the Contract above referred to and the Project. Specifically, and without waiving the foregoing in any manner, Contractor agrees not to assert against or pass-through to the Board, in whole or in part, present or future claims from laborers, materialmen, mechanics, subcontractors or sub-subcontractors. Contractor will indemnify and hold-harmless the Board from any and all claims of laborers, materialmen, mechanics, subcontractors or sub-subcontractors for unpaid monies or wages arising out of the performance of the Contract. 6. That the surety for Contractor does hereby consent to payment pursuant to the terms of this Final Certificate and Release. IN WITNESS WHEREOF, the Contractor has caused this Final Certificate and Release to be executed by its duly authorized officers and its seal to be hereunto affixed, all by authority duly given, this ___ day of __________________, 20___. It is the act and intent of the Contractor that this Document be executed under seal. {CS: 00111264.DOCX } Revised July 2010 Contractor: _____________________________________________ BY: _______________________________________ Print: __________________________________ Title: __________________________________ {Affix Corporate Seal} ATTEST: ____________________________________ Print: _______________________________ Title: Corporate Secretary STATE OF NORTH CAROLINA COUNTY OF_________________________ I, a Notary Public of the aforementioned State and County do hereby certify that __________________________ personally appeared before me this day and, being first duly sworn to oath, deposed and said that s/he is the ___________________ of {insert name of contractor}, and that s/he has read the foregoing Final Certificate and Release and that the matters and things stated therein are, to the best of his knowledge and belief, true and that by authority duly given and as the act of {insert name of contractor}, the foregoing instrument was signed in its name by him/her as its __________________, sealed with its corporate seal, and accepted by its Secretary. WITNESS my hand and Notarial Seal, this __ day of _________________, 2017. My Commission Expires: _______________________ NOTARY PUBLIC Print: {CS: 00111264.DOCX } Revised July 2010 CONSENT OF SURETY: _____________________________________________ BY: _______________________________________ Print: __________________________________ Title: __________________________________ {Affix Corporate Seal} STATE OF NORTH CAROLINA COUNTY OF_________________________ I, a Notary Public of the aforementioned State and County do hereby certify that __________________________ personally appeared before me this day and, being first duly sworn to oath, deposed and said that s/he is the ___________________ of {insert name of surety}, and that s/he has read the foregoing Final Certificate and Release and that the matters and things stated therein are, to the best of his/her knowledge and belief, true and that by authority duly given and as the act of {insert name of surety}, the foregoing instrument was signed in its name by him/her as its __________________, sealed with its corporate seal, and accepted by its Secretary. WITNESS my hand and Notarial Seal, this __ day of _________________, 20____. My Commission Expires: _______________________ NOTARY PUBLIC Print: {CS: 00111264.DOCX } Revised July 2010 Identification of HUB Certified/ Minority Business Participation I, , (Name of Bidder) do hereby certify that on this project, we will use the following HUB Certified/ minority business as construction subcontractors, vendors, suppliers or providers of professional services. Firm Name, Address and Phone # Work Type *Minority **HUB Category Certified (Y/N) *Minority categories: Black, African American (B), Hispanic (H), Asian American (A) American Indian (I), Female (F) Socially and Economically Disadvantaged (D) ** HUB Certification with the state HUB Office required to be counted toward state participation goals. The total value of minority business contracting will be ($) . {CS: 00111264.DOCX } Revised July 2010 State of North Carolina AFFIDAVIT A – Listing of Good Faith Efforts County of (Name of Bidder) Affidavit of I have made a good faith effort to comply under the following areas checked: Bidders must earn at least 50 points from the good faith efforts listed for their bid to be considered responsive. (1 NC Administrative Code 30 I.0101) ❑ 1 – (10 pts) Contacted minority businesses that reasonably could have been expected to submit a quote and that were known to the contractor, or available on State or local government maintained lists, at least 10 days before the bid date and notified them of the nature and scope of the work to be performed. ❑ 2 --(10 pts) Made the construction plans, specifications and requirements available for review by prospective minority businesses, or providing these documents to them at least 10 days before the bids are due. ❑ 3 – (15 pts) Broken down or combined elements of work into economically feasible units to facilitate minority participation. ❑ 4 – (10 pts) Worked with minority trade, community, or contractor organizations identified by the Office of Historically Underutilized Businesses and included in the bid documents that provide assistance in recruitment of minority businesses. ❑ 5 – (10 pts) Attended prebid meetings scheduled by the public owner. ❑ 6 – (20 pts) Provided assistance in getting required bonding or insurance or provided alternatives to bonding or insurance for subcontractors. ❑ 7 – (15 pts) Negotiated in good faith with interested minority businesses and did not reject them as unqualified without sound reasons based on their capabilities. Any rejection of a minority business based on lack of qualification should have the reasons documented in writing. ❑ 8 – (25 pts) Provided assistance to an otherwise qualified minority business in need of equipment, loan capital, lines of credit, or joint pay agreements to secure loans, supplies, or letters of credit, including waiving credit that is ordinarily required. Assisted minority businesses in obtaining the same unit pricing with the bidder's suppliers in order to help minority businesses in establishing credit. ❑ 9 – (20 pts) Negotiated joint venture and partnership arrangements with minority businesses in order to increase opportunities for minority business participation on a public construction or repair project when possible. ❑ 10 - (20 pts) Provided quick pay agreements and policies to enable minority contractors and suppliers to meet cash- flow demands. The undersigned, if apparent low bidder, will enter into a formal agreement with the firms listed in the Identification of Minority Business Participation schedule conditional upon scope of contract to be executed with the Owner. Substitution of contractors must be in accordance with GS143-128.2(d) Failure to abide by this statutory provision will constitute a breach of the contract. The undersigned hereby certifies that he or she has read the terms of the minority business commitment and is authorized to bind the bidder to the commitment herein set forth. Date: Name of Authorized Officer: Signature: {CS: 00111264.DOCX } Revised July 2010 Title: State of______________, County of Subscribed and sworn to before me this day of 20 Notary Public My commission expires SEAL {CS: 00111264.DOCX } Revised July 2010 State of North Carolina --AFFIDAVIT B-- Intent to Perform Contract with Own Workforce. County of Affidavit of (Name of Bidder) I hereby certify that it is our intent to perform 100% of the work required for the contract. (Name of Project) In making this certification, the Bidder states that the Bidder does not customarily subcontract elements of this type project, and normally performs and has the capability to perform and will perform all elements of the work on this project with his/her own current work forces; and The Bidder agrees to provide any additional information or documentation requested by the owner in support of the above statement. The Bidder agrees to make a Good Faith Effort to utilize minority suppliers where possible. The undersigned hereby certifies that he or she has read this certification and is authorized to bind the Bidder to the commitments herein contained. Date: Name of Authorized Officer: Signature: Title: State of _________ __ , County of ________________________ Subscribed and sworn to before me this day of 20___ Notary Public My commission expires SEAL {CS: 00111264.DOCX } -11- {CS: 00111261.DOCX } 1 SMALL PROJECT CONSTRUCTION CONTRACT (Less than $500,000) THIS AGREEMENT, made this day of ________ 20 23, by and between the LINCOLN BOARD OF EDUCATION (“Owner”), on the one hand, and ("Contractor"), on the other hand, for the LED Sports Lighting Project (“Project”) WITNESSETH: That the Owner and the Contractor, for the consideration herein named, agree as follows: 1. Scope of Work: The Contractor shall furnish all material, equipment, labor, services and supervisions necessary to complete the Project as specified in the Request for Bid dated and any attachments, (collectively "Specifications"), which are incorporated herein and attached hereto as Exhibit A. A copy of the Contractor’s bid is incorporated herein and attached hereto as Exhibit B. If there are any contradictions between this Agreement, the Specifications, or the Contractor’s bid, this Agreement and the Specifications shall control. 2. Beginning Work and Substantial Completion: The Contractor will begin work within ( ) calendar days after receiving a Notice to Proceed from the Owner and shall substantially complete the Project in accordance with the Specifications no later than ( ) calendar days from the date of the Notice to Proceed. The Owner shall make an inspection to determine whether the Project is substantially complete. When the Owner determines that the Project is substantially complete in accordance with the Specifications, the Contractor shall prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion. Contractor may be allowed delays beyond the ( ) calendar days for the following weather conditions, if applicable: 1) isolated inclement weather, wherein the Project site is determined to be unworkable for days of precipitation and/or temperature and days following for short times between otherwise good weather; and 2) sustained inclement weather, wherein the Project site is determined to be unworkable for sustained periods of time, such as the winter months, with only an occasional working day within the sustained unworkable conditions. If the Contractor believes either condition applies, a written request shall be made within seven (7) calendar days following the beginning of the condition to the Owner for a site meeting and a joint determination of the site conditions and approval of the delay. The Owner will catalog these approved delays and will incorporated them into a Change Order for signature by the Owner and Contractor. The Owner shall assess liquidated damages against the Contractor in the amount of five hundred dollars ($500) per day for every day that the Project extends beyond ( ) calendar days from the Notice to Proceed (adjusted as specified herein) until a Certificate of Substantial Completion is issued. {CS: 00111261.DOCX } 2 3. Punch List and Final Completion. The Contractor shall diligently complete all punch list items and shall complete Final Completion no later than ( ) days from the date of Substantial Completion. 4. Default and Termination: If the Contractor fails to complete the Project within the times specified in Sections 2 and 3 or fails to diligently perform the work with sufficient workmen and equipment or with sufficient materials to ensure the prompt completion of said work or performs the work unsuitably or shall discontinue the prosecution of the work or not carry on the work in an acceptable manner, the Owner may give written notice, sent by certified mail return receipt requested, to the Contractor of such delay, neglect or default, specifying the same, and, if the Contractor, within a period of fifteen (15) calendar days after such notice, shall not proceed in accordance therewith, the Owner shall declare this Agreement in default and shall have full power and authority, without violating the Agreement, to take the prosecution of the work out of the hands of the Contractor, to appropriate or use any or all contract materials and equipment on the grounds as may be suitable and acceptable and may enter into an agreement for the completion of this Agreement according to the terms and provisions thereof or use such other methods as in the Owner’s opinion shall be required for the completion of the Agreement in an acceptable manner. All costs and charges incurred by the Owner, together with the costs of completing the work under the Agreement, including liquidated damages, if any, shall be deducted from any monies due or which may become due to the Contractor. In case the expense so incurred by the Owner, including liquidated damages, if any, shall be less than the sum which would have been payable under the Agreement, if it had been completed by the Contractor, then the Contractor shall be entitled to receive the difference, but in case such expense shall exceed the sum which would have been payable under the Agreement, then the Contractor shall be liable and shall pay to the Owner the amount of said excess. 5. Payment: The Owner shall pay to the Contractor, as specified in the Contractor's bid, the total contract sum of ($ ) for completion of Project, unless altered as allowed herein. Payment shall be made based on the following schedule: a. No later than the fifth day of each month, the Contractor shall present to the Owner, or designee, a pay application for the preceding month demonstrating the total percentage of work completed for that preceding month. The Owner shall inspect the work to determine that the pay application accurately reflects the completed work. If the Owner agrees with the submitted pay application, payment for the completed work, less five percent (5%) retainage of the amount of such request, shall be made to the Contractor no later than fifteen (15) calendar days after the pay application is submitted. If the Owner does not agree with the pay application, the pay application shall be immediately returned to the Contractor and asked that it be resubmitted with revisions. If the Owner agrees with the resubmitted pay application, payment for the completed work, less five percent (5%) retainage of the amount of such request, shall be made to the Contractor no later than ten (10) calendar days after the {CS: 00111261.DOCX } 3 resubmittal. No further retainage shall be withheld when the Project is at least fifty percent (50%) completed. The amount of five percent (5%) retained from each approved request for payment shall be retained by the Owner until all work has been finally completed and performed strictly in accordance with the Specifications and until such work has been accepted by the Owner, at which time such retained sums shall be paid to the Contractor within ten (10) days after receipt of the Final Completion certificate. All payments to the Contractor, including the five percent (5%) retainage, are subject to approval by the Owner. 6. Changes in the Work: During the Project, if the Contractor encounters any additional charges resulting from unanticipated conditions or additional work requested by the Owner which may alter the total contract sum as stated in Section 5, prior to commencing the work, the Contractor must submit a written change order to the Owner or its designee. The written change order must specify the need for the change and the cost of the proposed change. No later than five (5) calendar days after receipt of the written change order, the Owner, or its designee, shall provide to the Contractor a written response either accepting or rejecting the change order. No additional payment shall be made for additional work completed by the Contractor unless the Contractor has submitted a written change order and received the Owner's approval. 7. Construction Meetings: The Contractor shall meet with the Owner as specified in the Specifications and at such other construction meetings as required by the Owner or its designee. 8. Correction of Work: a. Before Substantial Completion. The Owner, or its designee, shall, from time to time, inspect the status of the Project. The Contractor shall promptly correct work not conforming to the Specifications and rejected by the Owner and may withhold payment until said work is corrected and accepted. b. After Substantial Completion. If, within one (1) year after the date of Substantial Completion, any of the work is found to be nonconforming to the Specifications, the Contractor shall promptly correct the nonconforming work after receipt of written notice from the Owner to do so. 9. Construction Site: The Contractor shall be responsible for the construction site(s) during the performance of the work and shall be responsible for any and all damages to persons and property during the performance of the work and shall further provide all necessary safety measures and shall fully comply with all federal, state and local laws, building codes, rules and regulations to prevent accidents or injury to persons or property on or about the location of the work, it being expressly understood by the Contractor that school will be in session during the {CS: 00111261.DOCX } 4 performance of portions of the work and that pupils, teachers other employees and the public will be on, about and near the construction site. 10. Warranty: The Contractor hereby warrants and guarantees to the Owner that materials and equipment furnished under the Agreement will be of good quality and new, unless otherwise allowed, and the work will be free from defects and will conform to the Owner's Specifications, as specified in Section 1 herein, and shall present to Owner a one (1) year warranty on labor/installation and shall provide to the Owner any pass-through manufacturers’ warranties or other warranties required by the Specifications. 11. Insurance and Indemnity: See Exhibit C to this Agreement for Insurance and Bond requirements. The Contractor, to the fullest extent permitted by law, shall indemnify, defend, and hold harmless the Owner, its officers, directors, and employees, from and against all claims, losses, damages, and liabilities, including all applicable costs, expenses, and attorneys’ fees, for bodily injury, sickness or death, and property damage or destruction to the extent resulting from or arising out of the intentional or negligent acts or omissions of the Contractor, its employees or agents, and subcontractors that occur in conjunction with this Agreement. 12. Jessica Lunsford Act: Under North Carolina law, certain sex offenders are prohibited from coming onto school campuses. The Contractor agrees to conduct a check of all employees working at the Project site on the N.C. Sex Offender and Public Protection Registration Program, the N.C. Sexually Violent Predator Registration Program and the National Sex Offender Registry. As a term of this Agreement, said checks must be performed by the Contractor and reported to the Asheville City Schools’ Superintendent. 13. Relationship: The Contractor shall be considered an independent contractor and not an employee of the Owner. 14. Situs: The place of this Agreement, its situs, forum, shall be Lincoln County, North Carolina, where all matters, whether sounding in contract or tort, relating to its validity, construction, interpretation and enforcement shall be determined. 15. Governing Law: This Agreement shall be governed by the laws of the State of North Carolina. 16. Mutually Agreed Agreement: All the Parties to this Agreement have had the opportunity to be fully and completely represented by counsel of their own choosing in the making of this Agreement. Accordingly, the Parties agree that any rule of construction of contracts resolving any ambiguities against the drafting party shall be inapplicable to this Agreement. 17. Entire Agreement: The Parties hereby affirm that the only consideration for executing this Agreement are the terms and conditions herein and no other promises or agreements {CS: 00111261.DOCX } 5 of any kind have been made by any person or entity to cause the Parties to execute this Agreement. Further, the Parties agree that if any provisions herein are declared invalid by a court of competent jurisdiction, such invalidation shall not affect the remaining provisions of this Agreement, which shall remain in full force and effect. 18. Authority: The Parties hereby represent and warrant that they have taken all actions and obtained all authorizations, consents and approvals as are conditions precedent to their authority to execute this Agreement. 19. Iran Divestment and E-Verify: The Contractor shall comply with the requirements of G.S. Chapter 64, Article 2 (the “E-Verify Requirements”). The Contractor certifies that it is not listed on the Final Divestment List created by the State Treasurer pursuant to N.C.G.S. § 147-86.58, the Iran Divestment Act of 2015 (S.L. 2015-118). In the event that the Contractor utilizes a subcontractor to perform the Work of this Contract, the Contractor shall require any such subcontractor to comply with the E-Verify Requirements and the Iran Divestment Act. 20. Dispute Resolution: Prior to litigation concerning a dispute in which the amount in controversy is at least fifteen thousand dollars ($15,000.00), parties to the dispute must do the following: a. Submit the dispute for review by the Superintendent or designee; and b. Participate in mediation if the matter cannot be resolved by the parties. The cost of the dispute resolution process will be divided between the parties to the dispute. If the Board of Education is a party to the dispute, the Board of Education will pay at least one-third of the cost. 21. MBE/HUB: If the Project cost of this Agreement is $100,000 or more and if the Owner has received appropriations or grant funds from the State of North Carolina for the construction of the Project, then the Specifications will contain a notice of that fact and the Contractor shall comply with the MBE and HUB pre-bid and post-award requirements contained in the Specifications. If the Project cost of this Agreement is $300,000 or more, regardless of the source of funds for construction of the Project, the Contractor shall comply with the MBE and HUB pre-bid and post-award requirements contained in the Specifications. 22. Assignment: This Agreement shall be not assigned without the prior, written consent of the Owner which shall not be unreasonably withheld. IN WITNESS WHEREOF, the Contractor and the Owner have executed this Agreement the day and year first above written. CONTRACTOR: {CS: 00111261.DOCX } 6 __________________________________________ __________________________________________ Signature Print: _____________________________________ TITLE: ___________________________________ OWNER: LINCOLN COUNTY BOARD OF EDUCATION __________________________________________ Signature Print: _____________________________________ TITLE: _ __________________________________ This instrument has been pre-audited in the manner required by the School Budget and Fiscal Control Act. _______________________________________ Finance Officer {CS: 00111261.DOCX } 7 Exhibit C Insurance and Bond Requirements Table of Contents Section I. Insurance A. General Provisions B. SPC’s Insurance Coverage Limits Section II. Performance and Payment Bonds ****************************************************************************** A. General Provisions 1. The Owner is not required to maintain any insurance pursuant to this agreement outside the usual property and risk policies and coverages it elects to obtain and maintain, in its sole discretion. To the extent Owner has any such insurance policies and/or agreements regarding coverage for liability and/or loss, such agreements shall be deemed excess and non-contributory to all insurance policies required from the Single Prime Contractor (“SPC”) herein. 2. The insurance policies and coverages required herein are for the protection of the Owner and the SPC. The parties expressly agree that nothing herein releases, waives, or discharges the SPC, partially or in whole, from any other risks or contractual obligations to the Owner, including but not limited to performance of the work. The SPC is strictly responsible for all deductibles, self-insured retention, co-pays, and any losses, claims, and costs of any kind which exceed the SPC's limits of liability, or which may be outside the coverage scope of the policies. 3. All insurance policies, and any self-insurance maintained by SPC where applicable, required herein for any claims related to this Project shall satisfy the following: a) obtained from carriers with a minimum rating of A- and Class VII as evaluated by the most current A.M. Best Rating Guide and utilizing agents and brokers holding valid licenses from the State of North Carolina; b) written as to be primary and noncontributory with respect to any policy maintained by the Owner; c) maintained in full force and effect through the contractual period for correction of the work set forth in the Agreement between the SPC and Owner; d) not be cancelled, terminated or altered without a minimum of 30 days’ advance written notice by certified mail to the Owner by SPC and by the carrier; and e) include a provision waiving subrogation against the Owner for all claims, including any claims wherein the Owner is an additional insured. 4. Within no less than five (5) business days prior to beginning work, SPC shall hand-deliver to the Owner appropriate Certificates of Insurance evidencing coverage as required in {CS: 00111261.DOCX } 8 Section I(B) below. Said Certificates of Insurance must indicate that the Owner is an additional insured when required by the Owner. In addition, since a Certificate of Insurance does not legally bind the carrier, SPC must provide copies of the actual policy endorsements demonstrating that the Owner is an additional insured on each policy when required along with the Certificates of Insurance. Upon request by the Owner, SPC must produce full copies of all policies. The Owner’s failure to note that SPC has not fully complied with this paragraph and allowed SPC to begin work shall not release or diminish the liability and obligations of SPC to the Owner nor constitute a waiver of the insurance requirements herein. CM shall provide evidence of new coverages with pay applications when any current coverage expires, lapses or is otherwise altered. 5. The policy limits set forth below are a contractual minimum and SPC must provide higher coverage amounts if required by applicable law at any time during the period that insurance is required herein. Any failure to comply with these insurance requirements shall be a material breach of the SPC’s Agreement with the Owner. The Owner’s written waiver of any insurance requirement herein shall not be construed as a waiver of any other insurance requirement. 6. The Owner, at SPC’s expense, may obtain and/or maintain any coverage which SPC fails to obtain or maintain, at Owner’s sole discretion. Such action shall be for Owner’s sole protection and shall not release, waive, or discharge the SPC, partially or in whole, from any other risks or contractual obligations to the Owner, including but not limited to performance of the work. 7. The SPC's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 8. The claim provisions in the SPC’s insurance policies must specifically state the insurance company has both the right and duty to adjust a claim and provide defense. 9. The policies shall not contain any provision or definition which would serve to exclude or eliminate from coverage third party claims, including exclusions of claims for bodily or other injury to shareholders, partners, officers, directors, or employees of the SPC or the Owner. 10. If the policies contain any condition stating that coverage is null and void (or words to that effect) if the SPC does not comply with the most stringent regulations governing the Work, it shall be modified so that coverage shall be afforded in all cases except for the SPC's willful or intentional noncompliance with applicable government regulations. 11. Any failure by any person to comply with reporting or other provisions of any insurance policy, including breach of warranties, shall not affect the coverage obligations that the SPC owes to the Owner and its representatives, officials, and employees herein. The insolvency or bankruptcy of the insured shall not relieve the insurance companies of their obligations under these policies. Any clauses to the contrary are unacceptable and must be stricken. 12. If SPC is engaged in a joint venture, each legal entity must obtain the required insurance policies herein unless the joint venture incorporates and is legally able to obtain such insurances in the name of the joint venture. For SPC provided insurance, evidence of a blanket joint venture endorsement substantially similar to the following must be obtained from the general liability and pollution liability carriers of each joint venture partner and maintained for a period of six (6) years after completion of the Project: "With respect to "your work", and the "products-completed operations hazard", you are an insured for your liability arising out of the conduct of any partnership or joint venture of which you were a partner or member, even though this partnership or joint venture is not shown as a Named Insured in the {CS: 00111261.DOCX } 9 Declarations. This coverage is excess over any available liability purchased specifically to insure the partnership or joint venture. This coverage will not inure to the benefit of any other party except you." B. SPC’s Insurance Coverage Limits 1. Workers’ Compensation shall be maintained with at least the minimum statutory limits, including Employer’s Liability with limits of at least $1,000,000.00. 2. Employer’s Liability shall be maintained with at least limits of $100,000 each accident; $100,000 disease, each employee; and $1,000,000 disease, policy limit. 3. Commercial General Liability shall be maintained with at least the following minimum limits with the policy and the Certificate of Insurance indicating that the coverage is written on a “project” basis: a) $1,000,000 Bodily Injury and Property Damage for each occurrence b) $100,000 Fire Damage c) $10,000 Medical Expenses any one person d) $1,000,000 Personal and Advertising Injury e) $1,000,000 Products/Completed Operations Aggregate f) $2,000,000 General Aggregate List the Owner (including its officers, agents and employees) as an additional insured on the policy as evidenced by a policy endorsement. Coverage shall include, but not be limited to, the following supplementary coverages: Contractual Liability to cover liability assumed under this Agreement, Product and Completed Operations Liability insurance, Broad Form Property Damage Liability insurance, and Independent Contractors. Such policy shall include all of the coverages, which may be included in coverages A, B, and C contained in the Commercial General Liability Policy, without deletion. Such policy must be issued on an "occurrence" basis, as distinguished from a "claims made" basis. Completed Operations shall extend six (6) years after final payment If the SPC has design responsibility, endorsement CG22 80 and DIC for contractors’ professional liability is required unless waived by the Owner. 3. Automobile Liability – Including Hired-Auto and Non-Owned Auto shall be maintained with at least a Minimum Combined Single Limit of $1,000,000 per occurrence. 4. For Contractors with remediation or abatement responsibilities, Contractors shall carry Contractor’s Pollution Liability Coverage. Coverage must be sudden and non-sudden, and include: Bodily injury, sickness, disease, mental anguish, or shock sustained by any person, including death; Property damage, including physical injury to or destruction of tangible property including the resulting loss of use thereof, cleanup costs, and the loss of use of tangible property that has not been physically injured or destroyed; and Defense, including costs, charges, and expenses incurred in the investigation, adjustment, or defense of claims for such compensatory damages. List the Owner (including its officers, agents and employees) as an additional insured on the policy as evidenced by a policy endorsement. The Owner must be named as Additional Insured, and a Non-Owned Disposal Site Endorsement must be provided, scheduling the appropriate landfill. Minimum CPL limits of coverage shall be: a) $1,000,000 Per Loss {CS: 00111261.DOCX } 10 b) $2,000,000 All Losses 5. Umbrella Liability shall be maintained with the following minimum limits: a) $5,000,000 Per Occurrence b) $5,000,000 Aggregate 6. Builder’s Risk Insurance: If requested by the Owner, the SPC shall be responsible for purchasing and maintaining insurance satisfactory to the Owner to protect the Project from perils of physical loss. The Owner shall receive copies of the builder’s risk insurance policies that satisfy this Article. The SPC shall be responsible for any deductibles associated with this coverage. The builder’s risk insurance shall provide for the cost of replacement of the Work at the time of any loss. The insurance shall include as additional insureds the Owner, the SPC, the Contractors and their subcontractors and shall insure against the loss from the perils of fire and all risk coverage for physical loss or damage due to theft, vandalism, collapse, malicious mischief, terrorism, transit, flood, mold, earthquake, testing, or damages resulting from defective design, negligent workmanship or defective material. The SPC shall obtain approval from the Owner before increasing any coverage due to increases in construction costs. See the Supplementary General Conditions § 9.3.2 regarding SPC’s responsibilities for materials stored off-site. Section II. Performance and Payment Bonds A. Prior to beginning the Work, the Contractor shall furnish separate surety bonds to the Owner each in the amount of one hundred percent (100%) of the Contract Sum to secure the faithful performance of the terms of the Contract and the payment of all sums due for labor and materials and obligations thereunder unless otherwise specifically stated in the Bidding Documents. B. The performance bond and the payment bond shall be executed by the Contractor and a Surety company legally authorized to do business in the State of North Carolina and shall have the corporate seals of the Contractor and the Surety affixed, it being a requirement that the bonds shall be sealed instruments. C. A North Carolina licensed registered agent of the Surety shall either sign the bonds under a valid power of attorney executed by the Surety or countersign the bonds if the Surety itself signs the bonds. Any power of attorney executed by the Surety shall be attached to the bonds and certified by the Surety to be in effect as of the date of execution of the bonds. D. The costs of the performance bond and the payment bond shall be included in the Contract Sum. E. The performance bond and the payment bond shall be in the forms included with the Contract Documents and as specified in North Carolina General Statute § 44A-33. {Note: AIA DOCUMENT A-312 OR ANY SUCCESSOR AIA FORM IS NOT ACCEPTABLE NOR IS ANY OTHER FORM OF BOND}. F. The requirements and obligations of North Carolina General Statutes § 143-129 and Article 3 of Chapter 44A of the North Carolina General Statutes are hereby expressly incorporated with regards to the performance bond and the payment bond.