Project Manual

CITY OF DURHAM

Fire Station #5 Apparatus Bay Floor Slab Project

DURHAM, NORTH CAROLINA

October 26, 2026

OWNER: CITY OF DURHAM

101 CITY HALL PLAZA

DURHAM, NORTH CAROLINA 27701

General Services Department 2011 Fay Street

Durham, NC 27704

(919) 560-4197

City of Durham Fire Station #5 Apparatus Bay Floor Slab Project

CONTRACT AND SPECIFICATIONS

CITY OF DURHAM, NORTH CAROLINA

MAYOR: LEONARDO WILLIAMS

COUNCIL MEMBERS:

Javiera Caballero, Mayor Pro-Tempore Nate Baker Shanetta Burris Chelsea Cook Matt Kopac Carl Rist

CITY MANAGER: WILLIAM FERGUSON

CITY ATTORNEY: KIMBERLY REHBERG

INTERIM CITY CLERK: Paola Roland

TABLE OF CONTENTS

DIVISION 00 – BIDDING AND CONTRACT REQUIREMENTS

TITLE

INVITATION TO BIDDERS

INSTRUCTIONS TO BIDDERS

BID PROPOSAL FORM

BID BOND……………………………………………………………………………………………………………………………………..

NON-COLLUSION AFFIDAVIT

BIDDER SAFETY EVALUATION QUESTIONNAIRE

PERFORMANCE AND PAYMENT BOND…………

INSURANCE REQUIREMENTS

REQUEST FOR APPROVAL OF SUBSTITUTION

EXAMPLE DOCUMENTS FOR USE DURING CONSTRUCTION:

STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR

REIMBURSABLE SALES TAX FORMS

CONTRACT CHANGE ORDER FORM

CLAIM FOR ADDITIONAL TIME ON THE BASIS OF ADVERSE WEATHER CONDITIONS

DIVISION 01 — GENERAL REQUIREMENTS

01 11 00 - SUMMARY OF WORK

01 25 00 - SUBSTITUTION PROCEDURES

01 26 00 - CONTRACT MODIFICATION PROCEDURES

01 29 73 - SCHEDULE OF VALUES

01 29 76 - PROGRESS PAYMENT PROCEDURES

01 31 13 - PROJECT COORDINATION

01 31 19 - PROJECT MEETINGS

01 32 16.SMALL - CONSTRUCTION PROGRESS SCHEDULE

01 32 33 - PROJECT PHOTOGRAPHIC DOCUMENTATION

01 33 00 - SUBMITTAL PROCEDURES

01 41 24 - PERMIT REQUIREMENTS

01 52 13 - CONTRACTOR'S FIELD OFFICE AND SHEDS

01 61 00 - COMMON PRODUCT REQUIREMENTS

01 71 33 - PROTECTION OF THE WORK AND PROPERTY

01 73 29 - CUTTING AND PATCHING

01 74 00 - CLEANING

01 77 19 - CLOSEOUT REQUIREMENTS

01 78 23 - OPERATION AND MAINTENANCE DATA

01 78 36 - WARRANTIES

01 78 39 - PROJECT RECORD DOCUMENTS

DIVISION 02 — EXISTING CONDITIONS

02 41 00 - DEMOLITION

DIVISION 03 — CONCRETE

03 05 00 - CONCRETE

03 35 43 - POLISHED CONCRETE FINISHING 2026-10-20 HDD

DIVISION 22 — PLUMBING

22 10 16 - PLUMBING PIPING

22 13 00 - SANITARY SEWERS

DIVISION 23 — HEATING VENTILATING AND AIR CONDITIONING

23 05 29 - PENETRATIONS AND SUPPORTS

23 07 00 - PIPE, DUCT AND EQUIPMENT INSULATION

23 11 23 - NATURAL GAS PIPING SYSTEM

23 31 13 - AIR DISTRIBUTION SYSTEM

DIVISION 26 — ELECTRICAL

26 05 00 - COMMON WORK RESULTS FOR ELECTRICAL

26 05 19 - LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES

26 05 26 - GROUNDING AND BONDING

26 05 33 - RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS

26 05 43 - UNDERGROUND WORK FOR ELECTRICAL SYSTEMS

DIVISION 27 — COMMUNICATIONS

27 10 00 - STRUCTURED CABLING

DIVISION 31 — EARTHWORK

31 23 00 - BUILDING EXCAVATION, FILLING, AND BACKFILLING

31 23 23 - FILL

INVITATION TO BIDDERS

INVITATION TO BIDDERS

The City of Durham will receive bids for the Fire Station #5 Apparatus Bay Floor Slab Project by:

2:00 pm, Thursday, December 3, 2026 at The City of Durham – General Services Department

2011 Fay Street, Durham, NC 27704 Attention: Lisa R. Smith

Bids may be mailed or delivered to the attention of Lisa R. Smith, General Services Department at 2011 Fay Street, Durham, NC 27704. This is a formal bid, and the bid opening will be formal and open to the public.

Summary of Work:

Fire Station Number 5 was built circa 1960 and is located at 2212 Chapel Hill Road, Durham, North Carolina 27707. The Fire Department hired Axias and FGMA Architects to conduct a general facilities assessment of Station 5. As a result of the assessment of Station 5, it was recommended that the structural framing support of the apparatus bay floor slab be evaluated due to the deterioration, extensive water infiltration in the crawl space, cracking and spalling in several concrete joists.

A structural assessment of Station 5 was completed by HDR Architecture, Inc. in May 2026.

HDR provided four detailed repair options. The four options are as follows: Option 1 Invasive Investigative repair, Option 2 Fill Crawl space, Option 3 Steel Beam and Option 4 CMU Pilasters.

The City selected option 2 to fill the crawl space. Option 2 consists of shoring the existing wall framing and removing the existing apparatus bay floor slab. The cast-in-place concrete footing and retaining walls will be constructed on three sides of the crawl space below the apparatus bay floor and filling the area with soil. The soil will be compacted in the crawl space and a new 6” concrete slab on grade will be poured replacing the existing concrete apparatus bay floor slab.

Scope of Work: Demolition of the existing apparatus bay floor slab, infilling of the crawl space, pouring a new concrete slab on grade, relocating the utilities and installing an oil separator.

Bidders are strongly encouraged to attend a pre-bid conference at 10:00 am, Friday, November 6, 2026 at Fire Station #5, 2212 Chapel Hill Road, Durham, NC 27707.

Plans and specifications are available by contacting:

Lisa R. Smith, Senior Project Manager

INVITATION TO BIDDERS

City of Durham – General Services Department Telephone: (919) 560-4197 ext. 21273 Fax: (919) 560-4970 Email: lisa.smith@durhamnc.gov

All inquiries, questions, requests for substitution, and/or clarifications must be submitted in writing via the email below according to the directions given in the Request for Approval of Substitution and in the Instructions to Bidders prior to 12:00 pm, Tuesday, November 17, 2026.

Drawing and technical specification inquiries should be directed to:

HDR Architecture, Inc.

Contact: Joshua H. Douglas Telephone: 919.985.8917 Email: Joshua.douglas@hdrinc.com

Bid Forms and Other Requirements:

Each bidder must show evidence that they are licensed under Chapter 87 of the N.C. General Statutes. A General Contractors License is required.

The following forms MUST be filled out and included with the bid proposal:

1. Bid Forms

2. Bid Bond

3. Non-Collusion Affidavit

4. Contractor Bidder Safety Questionnaire

Any bid submitted without these forms may be deemed non-responsive.

The City of Durham reserves the right to reject any or all bids, waive informalities, and/or accept such bid as appears in its judgement to be in the best interest of the City.

END OF INVITATION TO BIDDERS

INSTRUCTION TO BIDDERS

INSTRUCTIONS TO BIDDERS

1. Bids will be received for Single Prime Contract. All proposals shall be for lump sum.

2. The submission of a bid will assume that the Contractor has fully examined the site and knows existing conditions and has made every provision for operating under the existing conditions, and has included all necessary items, and has read and understands the Bidding Documents. No consideration shall be given to any claim for extra compensation or extension of contract time because of failure to comply with this provision.

3. Bids must be made in strict accordance on the “Bid Form” provided hereto and all blank spaces for the Bid Alternates and Unit Prices, shall be properly filled in. When requested Alternates or Unit Prices are not bid, the bid may be considered incomplete. All bids submitted must be on the blank proposal forms herein provided and prices given shall be both in writing and figures and the complete form shall be without any lineation, alterations, or erasures. Any modification to the Bid Form (including Alternates and Unit Prices) may disqualify the Bid and/or cause the Bid to be rejected. In case of conflicting prices, the written prices shall govern.

One (1) original shall be submitted to City of Durham General Services.

The Contractor shall fill in the Form of Bid as follows:

a. All bids must be signed by an authorized official of the firm.

b. Each proposal shall include the full name and address, phone number, and e-mail contact of the bidder.

c. It shall be the specific responsibility of the Bidder to deliver this Bid to address specified in Invitation to Bidders prior to the date and time specified in the invitation to bidders for opening of the Bids. Later delivery of a Bid for any reason, including delivery by the United States Mail, shall disqualify the Bid.

d. Modifications of previously deposited Bids will be acceptable only if delivered to the place of the bid by the specified time.

Bids shall be received in strict accordance with requirements of the General Statutes of North Carolina. All copies of the Bid, and any other documents required to be submitted with the Bid shall be enclosed in a double envelope. An envelope can be hand delivered or mailed and shall be addressed to the City of Durham, General Services Department, 2011 Fay Street, Durham, North Carolina 27704, and should be identified with the project name, time and date of Bid Opening, the Bidder’s name and address, and Bidder’s General Contracting license number. For Informal Bidding Projects Under $500,000, emailed bids are also acceptable.

4. Bidders are encouraged to attend a pre-bid conference at the date and time specified in the invitation to bidders.

5. The bidder is hereby directed NOT to include the N.C. Sales Tax in the bid total.

The successful bidder to whom the award is made will be required to submit a sworn statement each month itemizing the purchases and taxes paid thereon and certifying that the articles purchased were used in work performed for the City of Durham. The N.C. Sales and Use Tax so itemized will be made as part of the monthly estimate. A sample form which must be followed to qualify for these payments to Sales and Use Tax is shown in the Project Manual.

It is the intent of the City to award this bid to the lowest responsive and responsible bidder. The City reserves the right to reject any and all Bids, including without limitation, nonconforming, non-responsive, unbalanced, or conditional Bids. The City of Durham further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. The City of Durham may also reject the Bid of any Bidder if the City believes that it would not be in the best interest of the Project to make an award to that Bidder. The City of Durham also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate terms with the Successful Bidder.

6. Except to the extent allowed by statute, bids shall not be withdrawn and bids shall remain subject to acceptance by the City for a period of 90 days.

7. If performance and payment bonds are required, the City requires the use of its performance bond and payment bond form unless, after consulting the City Attorney’s office, the project manager finds that different bond forms satisfactorily protect the City. Before bidding, each bidder should show the City bond form to its bonding company to be sure it can promptly issue the bond on that form in the event the contract is awarded to it. Each bond must be for 100% of the contract amount and must be executed by a NC-licensed surety.

8. If a performance bond is required, the City requires the use of its performance bond form unless, after consulting the City Attorney’s office, the project manager finds that a different bond form satisfactorily protects the City. Before bidding, each bidder should show the City bond form to its bonding company to be sure it can promptly issue the bond on that form in the event the contract is awarded to it.

Each bond must be for 100% of the contract amount and must be executed by a NC-licensed surety.

9. Upon request, bidders must present satisfactory evidence that they have been regularly engaged in the business of constructing such work, such as company work history and references from similar construction projects. And upon request, bidders must show that they are fully prepared with the necessary capital, equipment, etc., to begin the work promptly, and complete the same in accordance with specifications.

10. The Contractor must provide the City of Durham a site-specific safety plan of their organization, prior to approval of the contract.

11. The bidder to whom the award is made shall be required to furnish work crews of adequate number, size, and experience to properly perform the work. The interpretation of the number of crews, size, and experience will be determined by the City of Durham as to their adequacy.

12. The contractor will furnish all materials, labor, equipment, supervision, tools, machinery, etc. for complete construction of projects in accordance with plans and specifications of the City of Durham.

13. The Contractor will perform, or have performed, all the necessary site layout (both lines and grades) for this construction.

14. The City reserves the right to extend the work in this Contract upon the same terms, provided that such extensions shall not exceed in cost fifty per cent (50%) of the original Contract price of the Contract being extended.

15. It shall be the contractors’ responsibility to obtain all necessary and required permits. These permits shall be maintained on site and available upon demand.

16. The contractor(s) to whom the award is made must carry insurance in the amounts and types outlined in the Insurance Requirements document in the Project Manual.

17. The successful bidder is required to commence work within five (5) days after written notice from the Project Manager. Termination of work shall also be controlled by the City of Durham.

18. Contract completion time for all work on this project is 90 calendar days.

19. Bidders are required by the City of Durham to be licensed. General Contractors are notified that Chapter 87, Article 1, General Statutes of North Carolina will be observed in receiving and awarding general contracts. Contractors submitting bids on this project must have license classification for general contractor.

20. GS143-128(d) requires all single prime bidders to identify their subcontractors for the Plumbing, Mechanical, and Electrical subdivisions of work. A contractor whose bid is accepted shall not substitute any person as a subcontractor in the place of the subcontractor listed in the original bid, except (i) if the listed subcontractor’s bid is later determined by the contractor to be non-responsible or the listed subcontractor refuses to enter into a contract for the complete performance of the bid work, or (ii) with the approval of the awarding authority for good cause shown by the contractor.

The PME subcontractors MUST be listed or this will be cause for rejection. See the Proposal Form.

21. Substitutions: Any Bidder proposing a substitution shall bear the entire cost of incorporating the substitution into the finished work, including costs of administration, re-detailing, redesigning and changing the work of other contractors and sub-contractors. For proposed material substitutions submit the Request for Approval of Substitution form in the Project Manual to the Designer. If a material substitution is accepted by the Project Manager and Owner, Contractors will be notified by an addendum. The deadline for any request for substitution is listed in the Invitation to Bidders in order to allow time to issue responses in an addendum.

22. The bids will be evaluated and the contract awarded in accordance with statutory public contract requirements and as supplemented by the City of Durham’s Equal Business Opportunity Program Construction Forms included with this bid. The following forms are mandatory and must be filled out and returned with the bid proposal.

a. Bid Forms

b. Bid Bond

c. Non-Collusion Affidavit

d. Contractor Bidder Safety Questionnaire

Any bid submitted without these completed forms may be deemed as “non-responsive”.

23. Any addenda issued during the time of bidding are to be considered covered in the

Bid and the Contract they will become part thereof. It shall be the Contractor’s responsibility to ascertain prior to Bid time the addenda issues and to see that his/her Bid includes any changes thereby required. All Addenda shall be acknowledged by the bidder(s) on the Bid Form. Failure to do so may disqualify the Bid and may cause the Bid to be rejected.

24. Should the Bidder find discrepancies in, or omissions from, the drawings or documents or should he/she be in doubt as to their meaning, he/she shall at once notify the Designer in writing. Any interpretation of the document will be made only by Addendum duly issued. The Designer will not be responsible for any explanation or interpretation of the proposed documents. Neither the Owner nor the Designer will be responsible for any oral instructions. Any questions regarding the Bid Documents or Contract Conditions must be in writing via email and received by the date and time specified in the Invitation to Bidders.

25. Plans and specifications and all bid addenda are available electronically by emailing Lisa R. Smith at lisa.smith@durhamnc.gov

26. Plans and specifications are also on file and available for viewing at: The City of Durham General Services Department – 2011 Fay Street, Durham, NC 27704; (919) 560-4197,

27. The bidder to whom the award is made shall be required to enter into proposed Contract with the City of Durham, North Carolina.

E-Verify Requirements. (A) If this contract is awarded pursuant to North Carolina General Statutes (NCGS) 143-129 – (i) the contractor represents and covenants that the contractor and its subcontractors comply with the requirements of Article 2 of Chapter 64 of the NCGS; (ii) the words "contractor," "contractor’s subcontractors," and "comply" as used in this subsection (A) shall have the meanings intended by NCGS 143-129(j); and (iii) the City is relying on this subsection (A) in entering into this contract. (B) If this contract is subject to NCGS 143-133.3, the contractor and its subcontractors shall comply with the requirements of Article 2 of Chapter 64 of the

NCGS.

State Treasurer's lists regarding Iran and Boycott of Israel. If the successful bidder or the City signs the contract on October 1, 2017 or afterwards, and the value of the contract is $1,000 or more, the following applies unless the bidder otherwise states in its bid: the bidder affirms (by submitting a bid) that (1) its name does not appear on the list of companies that are engaged in a boycott of Israel developed by the N.

C. State Treasurer under N.C.G.S. 147 86.81(a)(1) or on a list created by the Treasurer pursuant to N.C.G.S. 147 86.58 as a company engaging in investment activities in Iran, and (2) it has no reason to expect that its name will appear on either of those lists. Take notice that a contract between a company named on either list and the City may be void.

28. Examination of Bidding Documents, Other related Data, and Site Subsurface and Physical Conditions.

a. The General Conditions identify those reports of explorations and tests of subsurface conditions at or contiguous to the Site that the Engineer has used in preparing the Bidding Documents. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that the Engineer has used in preparing the Bidding Documents.

mailto:lisa.smith@durhamnc.gov

b. Copies of reports and drawings referenced in Paragraph 1.5.A.1 are available by the City of Durham to any Bidder in accordance with Appendix. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which the Bidder is entitled to rely and have been identified and established as provided in Paragraph 4.02 of the General 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

29. Values of City of Durham regarding Treatment of Employees of Contractors.

a. Statement of City EEO Policy. The City of Durham opposes discrimination in employment because of race, color, religion, sex, national origin, political affiliation or belief, age, or handicap. Therefore, it desires that firms doing business with the City:

1. not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, political affiliation or belief, age, or handicap.

2. take affirmative action to insure that applicants are employed and that employees are treated equally during employment, without regard to race, color, religion, sex, national origin, political affiliation or belief, age, or handicap. This action includes employment, upgrading, demotion, transfer, recruitment or advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

3. state, in solicitations or advertisement for employees, that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, political affiliation or belief, age, or handicap.

4. include this Statement of City EEO Policy in every purchase order for goods to be used in performing City contracts and in every subcontract related to City contracts.

b. Livable Wage - The City of Durham desires that firms doing business with the City pay their workers a livable wage rate while working on City contracts. The livable wage rate is $25.09 per hour through June 30, 2027.

The City will re-set the rate for the period after June 30, 2027.

END OF INSTRUCTIONS TO BIDDERS

PROJECT BID PROPOSAL FORM

(USE THIS FORM ONLY)

SUBMIT PROPOSALS IN CARE OF:

Lisa R. Smith General Services Department City of Durham 2011 Fay Street Durham, NC 27704 Telephone: (919) 560-4197 Email: lisa.smith@durhamnc.gov

BIDDER’S FIRM NAME: _______________________________________________________

DATE: ____________________________

PROPOSAL: Fire Station #5 Apparatus Bay Floor Slab Project

The Undersigned, as Bidder, hereby declares that only person or persons interested in this proposal as principal or principals is or are named herein and that no other persons than herein mentioned has any interest in this proposal or in the contract to be entered, that this proposal is made without connection with any other person, company or parties making a bid or proposal; and that it is in all respect fair and in good faith without collusion or fraud.

The bidder further declares that he has examined the site of the work and informed himself fully in regard to all conditions pertaining to the place where the work is to be done; that he has examined the specifications for the work and the contract documents relative thereto, and has read all special provisions furnished prior to the opening of bids, that he has satisfied himself relative to the work to be performed.

Materials to be furnished shall be in compliance with standard specifications and special provisions. CONTRACTOR’S responsibility shall continue uninterrupted until expiration of the warranty period as stated in the specifications after completion of the work. The owner (City of Durham) reserves the right to select any or all of the alternates and to increase or decrease the total contract amount utilizing the unit prices supplied by the CONTRACTOR in the bid form.

The Base Bid and Alternates shall not include any state or local sales tax. Such tax shall be accounted for separately and will be reimbursed from a separate source.

The Bidder agrees, if his proposal is accepted, to contract with the City of Durham, 101 City Hall Plaza, Durham, NC 27701, in the form of contract specified, to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and labor necessary to complete within the time allotted as specified, the General Construction work on the Owner’s property, in complete accordance with the Plans, Specifications, and Contract Documents bearing the title Fire Station #5 Apparatus Bay Floor Slab Project, with a definite understanding that no money will be allowed for extra work except as set forth in the Contract Documents for the sums as follows:

The undersigned proposes to perform alternatives for stated resulting additions from the Base Bid. Additions shall include any modifications of work or additional work that the undersigned may be required to perform by reason of acceptance of any alternative.

BASE BID

($____________________) ________________________________________________dollars Plumbing Subcontractor: License:

Mechanical Subcontractor: License:

Electrical Subcontractor: License:

GS 143-128(d) requires all single prime bidders to identify their subcontractors for the above subdivisions of work. A contractor whose bid is accepted shall not substitute any person as a subcontractor in the place of the subcontractor listed in the original bid, except (i) if the listed subcontractor’s bid is later determined by the contractor to be non-responsible or the listed subcontractor refuses to enter into a contract for the complete performance of the bid work, or (ii) with the approval of the awarding authority for good cause shown by the contractor.

ADDENDA

The following addenda are acknowledged as having been received and noted, the provisions for which are included in the proposal(s). Failure to acknowledge receipt of any addenda will subject the bidder to disqualification. CONTRACTOR to sign.

Addendum No. 1:

Addendum No. 2:

Addendum No. 3:

Addendum No. 4:

REQUIRED FORMS

The following forms have been completed by the CONTRACTOR and are attached hereto.

CONTRACTOR to sign.

Bid Bond:---------------------------------------------------------------------------------------------------------------

Performance and Payment Bond:

Non Collusion Affidavit:

Bidder Safety Evaluation Questionnaire:

Respectfully submitted this _________________ day of _______________________, ______.

Signature:

Name:

Title:

Firm:

Address:

License No. Expiration Date:

COD Template bid bond-02.20.23

BID BOND for the City of Durham

Contract name and number or other description of the Contract:

Name of Bidder:

Name, address, and telephone number of Surety’s N. C. Resident Agent:

Telephone number of Surety’s home office:

Surety is a corporation organized and existing pursuant to the laws of the State of:

Amount of this bond: check (a) or (b):

___ (a) (write or type the amount in words and figures) All numbers in this section are in U. S. dollars.

___ (b) five percent of the amount of the proposal

Bond number:

Date of execution of this bond:

Obligee: CITY OF DURHAM, a North Carolina municipal corporation.

KNOW ALL PERSONS BY THESE PRESENTS, that the Surety executing this bond, which Surety is duly licensed to act as surety in North Carolina, is held and firmly bound unto the City of Durham, Obligee, in the penal sum of the amount stated above, for the payment of which sum, well and truly to be made, the Surety binds itself and its successors and assigns, jointly and severally, by these presents. Whereas the Bidder is herewith submitting a proposal for the Contract referred to above, and the Bidder desires to file this Bid Bond in lieu of making the cash deposit pursuant to G.S. 143-129; NOW THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION is such, that if the Bidder shall be awarded the contract for which the bond is submitted, and shall, within ten days after the award is made, execute and deliver to the Obligee the contract and give satisfactory surety as required by G.S. 143-129, then this obligation shall be null and void, otherwise to remain in full force and virtue; and if the Bidder fails or refuses to so execute and deliver said contract or give said satisfactory surety, the Surety shall upon demand forthwith pay to the Obligee the full penal sum of this bond. The Surety waives all extensions of time, and notice of extensions of time, for the opening of proposals and for the modification, award, execution, and delivery of the contract. IN WITNESS WHEREOF, the Surety has executed this instrument under its seal as of the date of execution indicated above, pursuant to authority of its governing body.

(name of Bidder)

[Execution by Bidder when the Bidder is a corporation]

By:__________________________________________

Title of officer: _____________________________ (Affix Bidder’s corporate seal.)

[Execution by Bidder when the Bidder is a limited liability company]

By: __________________________________________ Manager of Bidder

[Surety’s execution]

(name of Surety)

(signature of Surety’s attorney in fact)

(Affix Surety’s corporate seal.)

(Instructions to Surety and Bidder: If you use an embossing corporate seal, press enough to make it legible.)

[Acknowledgment when the Contractor (the Bidder) is a corporation]

State of ____________________________ Acknowledgment by Corporation

County of ________________________ (Type or print state and county where notarial act was performed)

I, ____________________________________________ (Type or print name of notary public), a notary public, certify that _______________________________________________________ (Type or print name of individual who signed) personally appeared before me this day and stated that he or she is (strike through the inapplicable titles) chairperson/ president/ chief executive officer/ vice president/ assistant vice president/ treasurer/ chief financial officer of ________________________ (Type or print the name of the corporation), a corporation, and that by authority duly given and as the act of the corporation, he or she signed, under seal, the foregoing contract or agreement with the City of Durham. This the ______ day of ___________________, 20______.

My commission expires: ________________________________________ ________________________ Notary Public

[Acknowledgment when the Contractor (the Bidder) is a limited liability company]

State of ____________________ Acknowledgment by Limited Liability Company

County of __________________ (Type or print state and county where notarial act was performed)

I, ____________________________________________ (Type or print name of notary public), a notary public, certify that ____________________________________ (Type or print name of individual who signed) personally (1) appeared before me this day, (2) stated that he or she is a manager of __________________________ (Type or print the name of the company), a limited liability company organized and existing under the laws of the State of _______________________, and that if he or she is a manager of the company automatically by reason of being a member of the company, the operating agreement does not change that status, (3) acknowledged that the foregoing contract with the City of Durham carries on the company's business in the usual way, and

(4) acknowledged the due execution, under seal, of the contract on behalf of the company. This the _______ day of _____________________, 20______.

My commission expires: ____________________________________ _____________________ Notary Public

ACKNOWLEDGMENT OF SURETY’S EXECUTION OF BID BOND

State of ____________________ County of __________________ (Type or print state and county where notarial act was performed)

I, ____________________________________________ (Type or print name of notary public), a notary public, certify that ____________________________________ (Type or print name of individual who signed) personally appeared before me this day and acknowledged that he or she is Attorney in Fact for _____________________________________________________, the Surety named in the foregoing Bid Bond, in which bond the Obligee is the City of Durham, and the he or she executed said bond, under the seal of the Surety, on behalf of the Surety.

This the ______ day of ________________________, 20___________.

My commission expires: ___________________________________ ________________________ Notary Public

NON-COLLUSION AFFIDAVIT

By executing this proposal, I certify that this proposal is submitted to the City of Durham competitively and without collusion. I am authorized to represent the candidate both in submitting this bid and in making this Non-Collusion Affidavit. To the best of my knowledge and belief, (1) the candidate has not violated N. C. General Statute section 133-24 in connection with the proposal, (2) the candidate has not entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with its proposal, and (3) the candidate intends to do the work with its own bona fide employees or subcontractors and is not bidding for the benefit of another contractor. The neuter includes the masculine and the feminine. The candidate to which this Non-Collusion Affidavit refers is:

(insert name of candidate)

(signature of individual)

ACKNOWLEDGMENT

Type or print name of the individual who signed the affidavit:

Type or print the name of Notary Public signing this acknowledgment:

Place where acknowledgment occurred: County of __________________, State of ______

Notary’s residence: County of __________________________, State of ___________ I, the Notary Public named above, certify (1) the individual named above personally appeared before me this day, (2) I have personal knowledge, or satisfactory evidence, of the individual’s identity; and (3) the individual acknowledged signing the foregoing affidavit.

This the ____ day of ____________, 20____. _________________________________ Notary Public

My commission expires:

BIDDER SAFETY EVALUATION QUESTIONNAIRE

CONTRACTOR SAFETY RECORD INFORMATION

The Contractor’s safety record shall be reviewed and evaluated in addition to other quality and performance criteria as part of bid evaluation process. Failure to provide the requested information and documentation may result in rejection of your bid as non-responsive.

Accordingly, all bidders must submit the following information regarding their safety record.

The following definitions shall apply to this section:

“DART incident rate” – Acronym for “Days Away, Restrictions and Transfers”. The DART incident rate may be used to show the relative level of injuries and illnesses within a firm compared to the industry. It is based only on those injuries and illnesses severe enough to warrant “Days Away, Restrictions and Transfers”. The DART incident rate is calculated using OSHA’s Form 300 and the following formula:

(Number of entries in column H (days away from work) + column I (job transfer or restriction) x 200,000) / (Number of hours worked by all employees) = DART Incident rate.

“EMR” – Acronym for “Experience Modification Rate,” is an indicator of a contractor’s past safety performance, widely used by the insurance industry as an equitable means of determining premiums for workers' compensation insurance. The rating system considers the average workers' compensation losses for a given firm's type of work and amount of payroll and predicts the dollar amount of expected losses to be paid by that employer in a designated rating period, usually three years. The rating is based on comparison of firms doing similar types of work, and the employer is rated against the average expected performance in each work classification. Losses incurred by the employer for the rating period are then compared to the expected losses to develop an experience rating.

“OSHA” – Acronym for the Federal Occupational Health and Safety Administration. The term “OSHA” as used in this Policy also refers to any state or local agency having jurisdictional authorization to enforce worker safety requirements and assess fines or warnings for violation of worker safety standards.

1) OSHA DART Incident Rate. Provide the bidder’s DART Incident Rate calculated from OSHA’s Form 300 for the last three years and the other required information shown in the example table below. The bidder must attach all supporting documentation and calculations including certified OSHA forms.

YEAR CONTRACTOR

DART INCIDENT

RATE

INDUSTRY

DART INCIDENT

RATE

INDUSTRY FIELD AND CODE

Bidder must provide OSHA 300 Forms for each year listed above.

2) Experience Modification Rate (EMR). Provide the bidder’s most recent Experience Modification Rate (EMR) based on insurance claims history. The bidder must provide the source of the EMR information and contact information of insurer entity providing the EMR.

YEAR CONTRACTOR

EMR

INDUSTRY FIELD AND

CODE

NAME AND CONTACT INFO

FOR EMR INFORMATION

3) Answer the following OSHA Specific Questions:

(a) Within the last 2 years, has the bidder received any citations classified by OSHA as being (1) serious, (2) willful and/or (3) repeat violations where your company operates?

Yes _____ No ________

If yes, attach a copy of each such citation and violation.

(b) Has the bidder experienced any work-related fatalities within the last five years?

Yes ______ No ______

(c) Has the bidder had any citations issued by OSHA as a result of work related fatalities within the past 5 years?

Yes ______ No ______

(d) Is the bidder under investigation for any work-related fatalities?

Yes ______ No ______

(e) If your answer is “yes” to 3(b), (c) or (d), provide a copy of the citation(s), list of number(s) of fatalities and documented explanation of the fatality.

4) Safety Plan:

(a) Does the company have a written safety program that includes responsibility for all aspects of safety management?

Yes_________ No _______

(b) Does the company have a written plan for safety training of new employees and ongoing training of existing employees?

Yes_________ No _______

(c) Does the company have documented evidence of safety training that they have conducted?

Yes_________ No _______

(d) If the company has employees with limited English ability, does the company have a written plan for ensuring that their employees understand the training they are being given?

Yes_________ No _______

(e) Do all supervisors have an appropriate documented level of OSHA training (e.g., a minimum of 30 hour OSHA construction safety training)?

Yes_________ No _______

(f) Do employees have documented basic OSHA 10 hour construction safety training?

Yes_________ No _______

(g) Does the company have a documented Hazard Communication Program?

Yes_________ No _______

5) Required Written Explanation of Safety Record. If the bidder has any of the following: (a) DART incident rate greater than its industry average, (b) an EMR greater than 1.0, (c) answered “yes” to any of the OSHA Specific Question above, or (d) answered “no” to any of the Safety Plan questions, the bidder shall provide the City, in its bid, a detailed written explanation of its safety record and the reasons why such safety history is NOT representative of its future performance and what specific actions it has taken to improve its overall safety record.

Failure to provide a written explanation of its safety record pursuant to this paragraph may be deemed as non-responsive by the City.

COD P&P Bond-1.14.24

PERFORMANCE BOND AND PAYMENT BOND

Date of Contract:

Contract Name and Number:

Name of Principal (Name of Contractor):

The Principal is organized and existing under the laws of the following State:

Name of Surety:

Name, address, and telephone number of Surety’s N. C. Resident Agent:

Amount of Performance Bond (in words and figures):

dollars

Bond number:

Date of Execution of these Bonds:

Contracting Body: CITY OF DURHAM, a North Carolina municipal corporation.

Amount of Payment Bond: same dollar amount as the dollar amount of the Performance Bond.

KNOW ALL PERSONS 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, by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal entered into a certain contract with the Contracting Body, numbered 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 said 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. As used hereinabove, “modifications” shall include, without limitation, changes (including, without limitation, changes granting extensions of time) and additions to or with respect to the work, scope of work, and specifications. The undertakings, covenants, terms, conditions, and agreements of said contract shall include, without limitation, the Principal’s obligations, if any, with respect to damages for delay, to indemnify, and to provide warranties.

KNOW ALL PERSONS 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, by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal entered into a certain contract with the Contracting Body, numbered as shown above and hereto attached:

NOW THEREFORE, if the Principal shall promptly make payment to all persons supplying labor and material in the prosecution of the work provided for in said contract, and any and all duly authorized modifications of said 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. As used hereinabove, “modifications” shall include, without limitation, changes (including, without limitation, changes granting extensions of time) and additions to or with respect to the work, scope of work, and specifications.

The Performance Bond and the Payment Bond are being combined here only for purposes of convenience in signing and acknowledging, and the obligations of the Principal and of the Surety are the same as if the bonds were on separate documents. Each bond is in the dollar amount stated above, and the amounts of these bonds are not combined. The Surety agrees that both of these bonds are fully binding on it whether or not the Principal executes these bonds. These bonds are given pursuant to Article 3 of Chapter 44A of the N. C. General Statutes.

IN WITNESS WHEREOF, the above-bounden parties have executed this instrument (for both the Performance Bond and the Payment Bond) under their several seals on the date of execution indicated above, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

(name of Principal)

[Execution by Principal when the Principal is a corporation]

By:___________________________________________

Title of officer: _____________________________

(Affix Principal’s corporate seal.)

[Execution by Principal when the Principal is a limited liability company]

By: __________________________________________ Manager of Principal

[Surety’s execution]

(name of Surety)

(signature of attorney in fact) (Affix Surety’s corporate seal.)

(Instructions to Surety and Principal: If the signature or acknowledgment form is inappropriate for the Principal, please consult the City to obtain more suitable forms. If you use an embossing corporate seal, press enough to make it legible.)

ACKNOWLEDGMENT OF CONTRACTOR’S EXECUTION OF CONTRACT AND PERFORMANCE BOND AND

PAYMENT BOND

[Acknowledgment when the Contractor (the Principal) is a corporation]

State of ____________________________ Acknowledgment by Corporation County of ________________________ (Type or print state and county where notarial act was performed)

I, ____________________________________________ (Type or print name of notary public), a notary public, certify that _______________________________________________________ (Type or print name of individual who signed) personally appeared before me this day and stated that he or she is (strike through the inapplicable titles) chairperson/ president/ chief executive officer/ vice president/ assistant vice president/ treasurer/ chief financial officer of ________________________ (Type or print the name of the corporation), a corporation, and that by authority duly given and as the act of the corporation, he or she signed, under seal, the foregoing contract or agreement with the City of Durham.

This the ______ day of ___________________, 20______.

My commission expires: ________________________________________

[Acknowledgment when the Contractor (the Principal) is a limited liability company]

State of ________________________ County of _________________________________

I, _____________________________________, a notary public for said county and state, certify that ____________________________________________________ (1) appeared before me this day, (2) stated that he or she is a manager of _________________________________________________ ___________________________________________________________, a limited liability company, (3) acknowledged that the foregoing contract with the City of Durham and the Performance Bond and Payment Bond with respect to the contract carry on the company's business in the usual way, and (4) acknowledged the due execution of the contract and the Performance Bond and Payment Bond on behalf of the company.

This the ________ day of _______________________, 20__________.

My commission expires: _____________________________________ Notary Public

ACKNOWLEDGMENT OF SURETY’S EXECUTION OF PERFORMANCE BOND AND PAYMENT BOND

State of ____________________________ County of ________________________

I, a notary public in and for the aforesaid county and state, certify that _____________________________ ______________ personally appeared before me this day and stated that he or she is Attorney in Fact for _______________________________, the Surety named in the foregoing Performance Bond and Payment Bond, in both of which bonds the contracting body is the City of Durham, and that he or she executed said bonds, under the seal of the Surety, on behalf of the Surety.

This the ______ day of ________________________, 20___________.

My commission expires: ________________________________________

Insurance Requirements

The Contractor agrees to maintain on a primary basis, at its sole expense, and at all times during the life of this contract the following applicable coverages and limits. The requirements contained herein, as well as the City’s review or acceptance of insurance maintained by the Contractor, is not intended to, and shall not in any manner, limit or qualify the liabilities or obligations assumed by the Contractor under this contract.

Commercial General Liability – Combined single limit of no less than $1,000,000 each occurrence and $2,000,000 aggregate. Coverage shall not contain any endorsement excluding or limiting Product/Completed Operations, Contractual Liability, Cross Liability, or Personal and Advertising Injury Liability.

Automobile Liability – Limits of no less than $1,000,000 Combined Single Limit. Coverage shall include liability for Owned, Non-Owned, and Hired automobiles. In the event the Contractor does not own automobiles, the Contractor agrees to maintain coverage for Hired and Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or by separate Auto Liability policy. Automobile coverage is necessary only if vehicles are used in the provision of services under this contract or are brought on a City site.

Umbrella or Excess Liability – The Contractor may satisfy the minimum liability limits required above under an Umbrella or Excess Liability policy. There is no minimum Per Occurrence limit of liability under the Umbrella or Excess Liability. However, the Annual Aggregate limits shall not be less than the highest “Each Occurrence” limit for required policies. The Contractor agrees to endorse the City as an “Additional Insured” on the Umbrella or Excess Liability unless the certificate of insurance states the Umbrella or Excess Liability provides coverage on a “Follow-Form” basis.

Workers’ Compensation & Employers Liability – The Contractor agrees to maintain Worker’s Compensation Insurance in accordance with Chapter 97 of the North Carolina General Statutes and with Employer Liability limits of no less than $1,000,000 for each accident, each employee, and policy limit.

This policy must include a waiver of subrogation.

Additional Insured – The Contractor agrees to endorse the City as an Additional Insured on the Commercial General Liability. The Additional Insured shall read “City of Durham as its interest may appear”.

Certificate of Insurance – The Contractor agrees to provide the City a certificate of insurance evidencing that all coverage, limits, and endorsements required herein are maintained and in full force and effect, and certificates of insurance shall provide a minimum thirty (30) day endeavor to notify, when available, by the Contractor’s insurer. If the Contractor receives a non-renewal or cancellation notice from an insurance carrier affording coverage required herein or receives notice that coverage no longer complies with the insurance requirements herein, the Contractor agrees to notify the City within five (5) Business Days with a copy of the non-renewal or the cancellation notice or with written specifics as to which coverage is no longer in compliance. The Certificate Holder address should appear as follows:

City of Durham Attn: Director of General Services Department 101 City Hall Plaza Durham, NC 27701

All primary insurance carriers must be…