Request for Bid
Proposa
l
s
Lake Lure Rocky Broad River Dredging
P
r
o
j
ect
Town of Lake Lure, North Carolina
Issue Date: Monday, June 3, 2024
Due Date: Wednesday, June 12, 2024
Time: 2:00 P.M.
I
NFORMAT
I
O
N
FOR
B
I
DDERS
1. TOWN CONTACT FOR BIDDERS
All communications from bidders will be to the Parks, Recreation, and Lake
Dir
e
ctor
;
Dean Givens:
loa@townoflakelure.
com
Cell 828-460-0623 Office
828
-
625
-
9983 x 501
P.O. Box 5 Lake Lure, N.C.
28746
2. RECEIPT OF BIDS
Sealed Bids will be received during normal business hours at Town
Hall
of the Town of
Lake Lure, 2948 Memorial Highway, Lake Lure,
North
Carolina, 28746 until 2:00p.m. local
time on June 3,
2024
.
The
Bids will be opened by the Town staff and bidders will
be
notified
thereafter
.
3.
PROJECT
Lake Lure
-
Rocky Broad River Dredging
4.
DESCRIPTION
Hydraulically and/or excavate dredge and dewater lake sediment from the
existing
navigational channels located along the west end of Lake Lure
known
as the Rocky Broad
River, Washburn Marina Bay, and Main
Channel.
Space for dewatering has been reserved
on Happy Hollow Lane,
off
of Boys Camp Road
.
5. INSTRUCTION TO
BIDDERS
The successful bidder shall furnish a performance and payment bond for the total value
of current year's project bid within ten (10) days
after
award of the contract. The
performance and payment bond shall
be
executed by a company duly authorized to do
business in the State
of
North Carolina. Certificates of Insurance - Satisfactory certificates
of
insurance shall be filed with the Town prior to starting any construction work on this
contract.
A. Workers' Comp and Employer's liability
B. Comprehensive general liability
6. QUALIFICATIONS OF
BIDDERS
All prime contractors must be qualified and experienced with
hydraulic
and mechanical
dredging and mobile onsite dewatering. Contractor
must
have a General contractor's
license with appropriate Classification for the Work, and provide workman's
compensation
insurance in compliance with the state of North Carolina.
7. TIME OF STARTING
WORK
Unless otherwise designated, the work shall be started within ten
(1
0)
days after receiving
written notice to proceed from the Town of Lake
Lure.
Contractor shall not commence work
until receipt of such
notice.
Dewatering equipment
can be mobilized and setup at the
designated
dewatering site on Happy Hollow Lane, off of Boys Camp Road,
or
Morse
Park, after notice to proceed and prior to the dredging work start date.
8. PREPARATION OF
BIDS
Bids must be made upon the Contractors Proposal form, included in the Project Bid
Manual.
All
blank spaces must be filled in as noted in ink or type. Where the time
for
starting the work and length of time for completion is not
designated,
then the Bidder
shall designate each, and these estimates may be
a
consideration in the award of the
Contract. Unit prices must be
given
for all items not marked Lump Sum". All amounts
must be
extended
and totaled, and in the case of a discrepancy between unit prices and
amounts, the unit price shall govern. If the Bid is made by
a
partnership, it must
be executed by one of the partners; if made by
a
corporation, by the President or some
other officer authorized to
execute
contracts and acknowledged by the Secretary thereof.
Alternate bids
will
not be considered unless specifically called for in the
Proposal.
The Proposal shall be addressed to the Town of Lake Lure, and be
placed
in a sealed
envelope. The project title, name, and address of
the
Bidder must appear on the outside of
the envelope. For mailed bids
the
sealed envelope shall be enclosed in a separate
exterior mailing
envelope. All bids shall be submitted before the time set forth
in
paragraph 2, "Receipt of Bids", of these
specifications.
9. PROGRESS
SCHEDULE
The approved bidder shall submit a progress schedule for the
proposed
work to the Town
of Lake Lure, within seven (7) days after
notification.
This will include a list of equipment
to be used, date of
mobilization,
dredging work and spoils work
timeline.
10.
OW
NE
R
Whenever throughout these documents the word OWNER is used,
it
shall be interpreted
to mean the Town of Lake Lure.
11. WITHDRAWAL OF
BIDS
Bids may be withdrawn on written request received from Bidder prior
to
the time fixed for
opening, but if Proposal is withdrawn, the Bidder
will
not be permitted to submit another
Proposal for the same work
.
Negligence on the part of the Bidder in preparing the Bid
confers
no
right to withdraw such Bid after it has been opened. No bidder
may
withdraw
his bid for at least 90 days after scheduled closing time for
the
receipt of bids.
12. RIGHT TO ACCEPT AND REJECT
BIDS
The Owner reserves the unqualified right to reject any and all Bids,
or
accept that Bid, or
combination of Bids, if any, which in its sole
and
absolute judgment will under all
circumstances best serve the
public
interest. In the event equal bids are received, the
Owner reserves
the
unqualified right to accept that bid which will under all
circumstances
best serve the public interest.
13. CONDITIONS OF THE
WORK
Each Bidder shall acquaint himself, by personal examination with
the
location of the
proposed work, and shall inform himself of the
actual
conditions and requirements of
the work, including risks, means
of
access, character of the soil and subsoil, restrictions
and
regulations.
Failure to do so will not relieve a successful Bidder of his obligations
to
furnish all labor necessary to carry out the provision of the
Contract
documents and to
complete the contemplated work for
the
consideration set forth in his Bid. The
submission of a Proposal
shall
constitute and imply full knowledge of such conditions and
regulations
and acceptance of the risks therein
contained.
14.
PAYMENT
After presentation of the application for payment to the OWNER with
the
Project
Representative's
recommendation,
the amount
recommended
will become due, and
when due will be paid by the OWNER
to
CONTRACTOR not more than 14 days of OWNER'S
receipt of approved invoice on such application for
payment.
15. SCHEDULE AND
SEQUENCE
OF WORK
The Owner reserves the right to schedule the Contractor's operations on various
sections of the work and/or designate the sequence of operations whenever the
Owner deems necessary because of job conditions, inclement weather or for reasons
in the best interest of the Owner.
16. PUBLIC SAFETY
The Contractor shall at all times, adhere to all local traffic control devices, rules and
regulations.
If any citations are issued, the Contractor shall
be
responsible for full
restitution. Failure to do so, if required, may result in equal amounts of monies being
retained by the Town of Lake Lure from amount due for completed work.
17. LOCATION AND INSPECTION OF SITE
A. The site of work is located within the Town of Lake Lure city limits and sits just off
of Boys Camp
Road
in Lake Lure, North
Carolina
.
B. Prospective bidders are encouraged to inspect the site in order to become familiar
with existing conditions and may make arrangements with
Mr
.
Dean Givens, Parks
Recreation and Lake Director, Town of Lake Lure, North Carolina 28746 cell 828-460-
0623. All bidders shall, by their
bid
submission, acknowledge that they understand the
full scope of
all
work described within.
GENERAL
CONDITIONS
1.
DESCRIPTION/SCOPE
OF WORK
A. Lake Lure sits at the base of a steep 95 sq. mile watershed composing of three
different counties. Erosion and development are among the leading cause of
approximately 30,000 cubic yards of sediment annually entering Lake Lure. Lake Lure's
goal is to partner with
a
trusted dredging contractor to help keep Lake Lure a safe and
beautiful recreation lake for property owners and visitors to enjoy for years to come.
The Town desires to enter into a contract agreement with a dredging contractor to
hydraulically and mechanically dredge, dewater, and haul off a base amount of 30,000
cubic yards of sediment from the west end of Lake Lure. The Contractor will be
responsible for record keeping of sediment removal, weather conditions, and lake
levels, among various other reportable
dat
a
.
The Contractor will also be responsible
for reporting record findings and progress of work to the project team at bi-weekly
meetings and with each request for payment.
B. Work included: All labor, materials and equipment necessary to
hydraulically or
mechanically dredge and dewater (i.e. belt filter presses, centrifuges
,
etc.) 30,000 cubic
yards of sediment annually from the
existing
navigational channel located on the
west side of Lake Lure
Rocky
Broad River Dredging. All dredged materials will be
removed and
hauled away from Lake Lure's property as part of this contract.
The
work will consist of removing the soft accumulated sediment
from
within the
areas designated by the owner down to the hard
original
lake bottom or to the
maximum water depth specified below the
normal
lake level of 990 (MSL). The
hydraulically dredged sediment will
be
pumped via HOPE dredge pipe to the
designated dewatering
site
located on Happy Hollow Lane off of Boys Camp Rd.
C. Shall turbidity curtains be required, the Town
&
Contractor will
work
together to
determine cost. The Town will reimburse the contractor
for
this cost. Turbidity curtains
shall not be installed unless requested
&
approved by the Town
.
D. A mutually agreed upon amount of dewatered sediment can
be
stockpiled onsite
and will be removed by the contractor at such
time
the contractor is able to dispose of
same in a timely manner.
The
Happy Hollow spoils site will be the primary operation
site for
dredging,
dewatering, separating and washing sediment. The contractor will
be
·
responsible for up-keep and maintenance of the Happy Hollow Lane
,
spoils
location
.
E. Contractor shall provide, install, and maintain all temporary
erosion
control features,
including straw bale ditch checks, silt fences,
etc.
F. This work includes operation and maintenance of the
sediment
dewatering
system and return water pipeline in a safe and sanitary condition meeting all return water
effluent requirements as specified
by the Towns NPDES
permit; providing hydraulic or
mechanical dredging
equipment
and experienced personnel capable of meeting the
operating
requirements of the project and maintaining safe and
satisfactory
conditions to
the adjacent environment and public;
installing,
maintaining and removing all discharge
piping in a safe condition
and
workmanlike manner; cleaning up and re-vegetating all
disturbed
areas
involved in the hydraulic dredging
operation.
G. Upon successful completion of dredging operation, the Town will
have
the option to
renew or amend the contract for following year, if agreed to
by
contractor.
2. CONTRACT
TIME
A. This contract will be for the period of one year. It requires
Contractor
to give a cubic
yard price to dredge, dewater and remove 30,000
cubic
yards of
sediment and to adhere
to all federal, state, and municipal regulations associated with the work.
B. The official start of construction will not begin until the
Owner
indicates in writing that
the dredging area and sediment dewatering
site have been issued the necessary
regulatory
permits.
C. The amount of time allowed to substantially complete the
hydraulic
dredging portion
of work will be determined by the owner.
D. Operation of the dredge is allowed anytime during daylight
hours
(typically 7:00
A.M to 5:00
P.M.)
provided that all safety
requirements
are met and that the noise emission
standards specified in
this
Specification Section are
met.
E. In this Contract, unless specifically stated as "working day", the
term
"day" or
"calendar day" shall mean any day except no work
on
Saturdays, Sundays and legal
holidays at the place of Work unless permission is granted by the owner. Along
with
the
work progress schedule, the Contractor will submit his
schedule
for normal working
days.
F. Claims for extension of time shall be stated in numbers of
whole
working days.
In the case of claims for extension of time because of inclement weather, such extension
of time shall be granted
only
because of inclement weather occurring on a normal
working day
and
preventing the execution of the major or critical item of work
underway
at that time Submit any weather related time extension requests to
the Parks Recreation
and Lake Director
within 14 days of the delay for approval.
3. UNDERGROUND OBSTACLES
A. Pipe lines and other existing underground installations and
structures
in the vicinity
of the work are shown on the maps according to
the
best information available to the
Owner. The Contractor shall
make
every effort to locate all
underground
pipelines,
conduits, cables
and
structures by contacting owners of underground installations and by
prospecting in advance of trench
excavation
.
The repair of
existing
installations cut by
the Contractor shall be scheduled so as to
cause
the least possible inconvenience to the
public and to the Owner. Any delay or extra cost to the Contractor caused by conflicts with
pipelines,
condui
t
s
,
cables or other underground structures or obstructions shall
not
constitute a claim for extra work, additional payment, or
damages.
B. Trees and brush that are snagged in the lake within the dredge
area
and above the
water line shall be moved and placed on or along
the
shore to be removed by
Owner.
C. It is the Contractor's responsibility to coordinate all work with the
local
utility suppliers
for Lake Lure, North
Carolina.
4. PERMITS AND
LAWS
A. The Contractor shall comply with all Federal, State and Municipal Law
s
and Ordinances
applicable to the work of this contract.
If the above Laws or Ordinances conflict with the Contract Documents, then the laws, or
ordinances
shall govern instead of the
document
s
,
except in such cases where the
documents exceed the quality
of
materials, or labor; then the documents shall be
followed.
5. OVERDEPTH DREDGING
A.
If a Contractor chooses for his own convenience or hydraulic
efficiency
to dredge to a
depth deeper than indicated, he may do so but with
no
additional compensation from the
Owner. Areas of proposed over depth dredging shall be approved by the Owner in
writing prior
to
completion of any actual work.
6. PLAN and PAYMENT
QUANTITIES
A
.
The total quantity of material to be removed by hydraulic or mechanically dredging is
a base of
30,000 cubic yards annually. Amounts could be less or more.
B. Payment will be based upon
Documented truckload count of dewatered material removed
Or Pre and post bathymetry (sonar) whose responsibility to provide pre and post
survey, the Contractor or Town?
Or other method approved by Town (meter)
7. DREDGING OPERATION
PLAN
A
Contractor shall be
responsible
for submitting a Dredging Operation
Plan listing
sequence of dredging operation; pipe influent location; proposed operation of sediment
retention cells and water control structure to meet effluent requirements; mobilization and
demobilization
sequence
and schedule; office and material storage location; and all other
items
as listed in these
Specifications.
The plan shall be devised to
meet
the Water
Quality requirements listed in this
Section.
B.
Contractor
shall submit
a copy of this Plan
within thirty
(30)
days
of the Award of
this Contract
.
Plan
shall
be reviewed by the Owner for
coordination
of work and
comments regarding sequencing.
After incorporating the Owner's comments,
Contractor will transmit a copy to the Owner. Any major deviation to
the
plan must be
submitted by the Contractor for the Owner's review prior
to
implementation. This plan
must be completed prior to the first
monthly
pay estimate. Failure to do so may require
the delay of processing
the
pay request until properly
completed.
8. DAILY LOG OF
OPERATION
A. The Contractor shall maintain a daily log and/or diary of all
hydraulic
dredging
operations; including, but not limited to the
following:
1. Volume pumped
2. Area dredged
3.
Depth of dredging
4.
Character of material dredged
5.
Hours of work and down time
6.
Number of shifts worked; number of employees; number and type of equipment
7. Weather condition
8. Unusual conditions
9. Daily Water Levels
B. Contractor shall make the log available at all times for review
by
Owner. Contractor
shall furnish a copy of the entire log at the end of the project. A copy of the Log must
accompany Monthly Payment
Requests.
9. LAKE LURE WATER LEVELS
A. The normal pool elevation is "990 feet MSL" Water levels are
recorded
and managed
by the hydroelectric
supervisor.
B. Daily water levels must be measured and recorded during
dredging
operations in order
to insure that the proposed dredging depths
are
reached in areas where water depths are
specified. These water depths provide the basis for setting cutterhead depth and
verifying
as-
built
elevations.
C. This information is made available for the Contractor's information only
.
The Owner does not assume any responsibility for the C
on
t
ra
c
t
or'
s
interpretation of the
da
t
a.
10.
PAYMENTS
The Owner agrees to pay the Contractor in current funds for
the
performance of
the work to complete the project, subject to additions
and
deductions that occur as a result
of actual field measurements, and any approved change orders.
The procedure for payment of work completed is as
follows:
a) Contractor will submit monthly invoices, including back-up data
,
detailing work
completed for approval by the
owner.
b) Back-up data will include copies of all receipts for materials used
by
the contractor to
construct the project and logs. At
preconstruction
conference the Owner will specify the
material receipts
required.
Generally receipts are required for any materials from a
quarry
,
asphalt plant, transit mix concrete, pipe, masonry products,
and
other materials
delivered to the site for the project. Receipts must include as a minimum: date, weight or
item count, delivery time, and must have initials or signature of contractor's on
site
superintendent to acknowledge actual delivery.
c) Payment request together with back up data will be submitted to
the Parks Recreation
and Lake Director for
approval.
d) The Parks and Recreation Director will review and/or approve payment request and
submit to owner for
payment.
e) The owner may withhold 10% of payment request for retainage
until
the Town approves
the completed project and final payment is
rendered.
f) Any payment not received within thirty (30) days of the due
date
shall bear interest
thereon at the rate of 1% per month until
paid.
g) Should owner fail to make payment by the due date as above specified, contractor
has the right to suspend all work until
the
payment is received.
11. Final
Payment
Prior to final payment, the Town will conduct a final
inspection
of the project with the
contractor and prepare a "punch list" of items that require additional work or
corrective work to meet the specifications for the project. Upon completion of the
punch list
items,
contractor will submit a final pay request to Town for approval.
The
final
pay request will include the following
items:
a) All supporting data as required by the
Town
Bid Forms and Required Documents
Bid
forms
Annual Hydraulic
Dredging
Emergency/Additional
Dredging
Requirements:
Sales Tax Statement: When requested by the Town, each request for
progress
payment submitted by the contractor shall include a sales tax
reimbursement
statement (if sales taxes have been paid by the contractor
)
.
E-verify certificate needs to be filled out and notarized copy of
Performance and payment
Bond
Copy of general contractors
license
Copy of
insurance
List of equipment intended for use on this
project
General
Bid for
Annual Hydraulic Dredging
This form is to be used for
Annual Hydraulic dredging.
Please
price the table below as
individual
items and then
convert
to a
total
cubic yard
price.
Company
Name: ____________________________________________________________
Date: ______________________________________________________________
Item
No.
Item
Quantity
Unit
Unit
Price
Total Price
1
Mobilization
LS
2
De-Mobilization
LS
3
Hydraulic Dredge
30,000
CY
4
Wash/Dewater Sediment
30,000
CY
5
Haul Off and
Dispose Sediment
30,000
CY
General Bid Form for Emergency/Additional
D
r
edg
in
g
This form is to be used for incidental and/or emergency work not listed as
contractual
work
in this RFP.
Company
Name: ____________________________________________________
Date:________________________________________________________
Item
No.
Item
Quantity
Unit
Unit
Price
Total Price
1
Standard excavator w/
operator LC200 or equal
1
P.H.
2
Mini excavator w/ operator
1
P.H
3
Long reach excavator (75’) w/
operator
1
P.H
4
Wash/Dewater Sediment
1
P.H
5
Haul Off and
Dispose Sediment
1
P.H
6
Dump truck with operator tandem
or larger 5-10 miles
1
P.L.
7
Dump truck w/ operator or larger
15-20 miles
1
P.L.
8
Mobilization of this equipment
(Items 1-7)
1
P.L.
9
Hydraulic Dredging
1
C.Y.
10
Wash/dewater
1
C.Y.
11
Haul off and dispose sediment
1
C.Y.
The Town of Lake Lure has experienced extensive flood events in the past, which
have
caused a significant amount of sedimentation to fill into the lake. This type of storm event
requires the Town to have emergency dredging performed in the west end of the lake. The
table above has been created for the Owner and Contractor to have
an
agreed upon amount
for emergency and incidental dredging using excavation
and
other types of equipment
required for sediment removal. This bid will be separate from your annual dredging
bid.
EXECUTION OF BID
A CONTRACT FOR THE CONSTRUCTION OF:
PROJECT NAME: Lake Lure Dredging
The person executing the Bid, on behalf of the Bidder, being first duly sworn, deposes and says that:
(1) It is the intent of the Bidder to enter into this Contract to furnish materials, labor, and equipment
required to perform all work specified in accordance with the instructions, terms, conditions,
provisions, specifications, plans and all other Contract Documents incorporated into this Invitation
to Bid;
(2) He/she is fully informed regarding the preparation and contents of the attached Proposal and of all
pertinent circumstances regarding such Proposal;
(3) Neither he/she, nor any official, agent or employee of the Bidder has entered into any agreement,
participated in any collusion, or otherwise taken any action which is a restraint of free competitive
bidding in connection with is Bid;
(4) He/she will not discriminate against any employee or applicant for employment because of race,
color, religion, sex, national origin, disability, or veterans status.
Type of Bidder: Sole Proprietor Partnership Limited Liability Company Corporation
Joint Venture
(Check appropriate box)
BIDDER #1 BIDDER #2
(If a Joint Venture or Partnership)
Name
Address
Phone
Fax
Printed Name
SIGNATURE
Title
NC General Contractors
License Number
Classification
Limits
Signature
Signature
NORTH CAROLINA
RUTHERFORD COUNTY
I, _____________________, Notary Public, do hereby certify that ________________________
personally appeared before me this day and acknowledged the due execution of the foregoing
instrument.
Witness my hand and official seal this ______day of _______________, 2024.
(Official Seal)
_________________________
Official Signature of Notary
_________________________
Notary’s Printed or Typed Name
My commission expires: _____________
NORTH CAROLINA
RUTHERFORD COUNTY
I, _____________________, Notary Public, do hereby certify that ________________________
personally appeared before me this day and acknowledged the due execution of the foregoing
instrument.
Witness my hand and official seal this ______day of _______________, 2024.
(Official Seal)
_________________________
Official Signature of Notary
_________________________
Notary’s Printed or Typed Name
My commission expires: _____________
AGREEMENT
AGREEMENT
THIS CONTRACT, in four (4) copies, made and entered into this ____day of _________, 20___, by and
between the Town of Lake Lure hereinafter designated as the Owner and
________________________________________________, hereinafter designated as the Contractor.
WITNESSETH: That the parties hereto, each in consideration of the Agreements on the part of the other
herein contained, have mutually agreed and hereby mutually agree, the Owner for itself and its successors
and the Contractor for itself, himself, or themselves and its successors, his or their executors, administrators
and assigns as follows:
Article 1. DESCRIPTION. Under this Agreement and Contract the Contractor shall construct _____________-
___________________________________________________________________________________
Article 2. In consideration of the payments to be made as hereinafter provided, and the performance of
the Owner of all of the matters and things to be performed by the Owner and herein provided; the
Contractor agrees, at his own sole cost and expense, to perform all the labor and services and to furnish all
the labor and materials, plant and equipment necessary to complete, and to complete in good, substantial,
workmanlike and approved manner, the work described under Article 1 hereof, within the time specified
and in accordance with the terms, conditions and provisions of this Contract and with the instructions,
orders and directions of the Owner made in accordance with this Contract.
Article 3. The Owner agrees to pay and the Contractor agrees to accept as full compensation for all work
done, and materials furnished, and for materials, equipment and supplies sold, and also for all costs and
expenses incurred, and loss or damages sustained by reason of the action of the elements, or growing out
of the nature of the work, and for all risk of unforeseen obstruction or difficulty encountered in the
prosecution of the work, and for all risks of every description connected with the work, and for all expenses
incurred by, or in consequence of, the suspension or discontinuance of the work as herein specified, and
for faithfully completing the work and the whole thereof as herein provided, and for maintaining the work
in good condition until the final payment is made, the prices stipulated in the Bid hereto attached.
Article 4. The following documents shall constitute integral parts of the agreement, the whole to be
collectively known and referred to as the Contract Documents or Contract Advertisement: Invitation to Bid,
Itemized Proposal, Agreement, Standard Special Provisions, Project Special Provisions, Contract Drawings,
Addenda, and all interpretations of addenda to the Contract Documents issued by the Owner with the
approval of the Owner.
The Table of Contents, Headings and Titles contained herein and in said documents are solely to facilitate
reference to various provisions of the Contract Documents and in no way affect, limit or cast light on the
interpretation of the provisions to which they refer.
Article 5. DISPUTE RESOLUTION: Any controversy, dispute or claim arising out of this Agreement or the
breach or alleged breach of this Agreement shall first be submitted to mediation. The request for mediation
shall be filed in writing. The request may be made concurrently with the filing of a Demand for Arbitration
but, in such event, mediation shall proceed in advance of arbitration, which shall be stayed pending
mediation for a period of sixty (60) days from the date of filing, unless stayed for a longer period by
agreement of the parties or a court order. The parties shall share the mediators fee equally. The mediation
shall be held in Lake Lure, North Carolina, unless another location is mutually agreed upon. Agreements
reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction
thereof.
All claims, disputes and other matters or questions arising out of or relating to this Agreement not resolved
by mediation, shall be decided by arbitration, and judgment upon the award rendered by the arbitrator or
arbitrators may be entered in any court having jurisdiction thereof. The Owner and Contractor expressly
agree that arbitrator(s) shall have the power and authority to grant reasonable attorneysfees and costs in
the resolution of the claims, differences and/or controversies arising from the Agreement which the parties
have agreed to submit to arbitration. The Demand for Arbitration shall be filed in writing with the other
party to the Agreement. A Demand for Arbitration shall be made within a reasonable time after the claim,
dispute or other matter relating to this Contract has arisen, and in no event shall be made after the date
when institution of legal or equitable proceedings based on such claim, dispute or other matter will be
barred by the applicable statute of limitations.
Article 6. If the Contractor shall fail to comply with any of the terms, conditions, provisions or stipulations
of this Contract, according to the true intent and meaning thereof, then the Owner may make use of any or
all remedies provided in that behalf in the Contract and shall have the right and power to proceed in
accordance with the provisions thereof.
IN WITNESS WHEREOF, the parties of this Agreement have hereunto set their hands and seals and have
executed this Agreement, in four copies the day and year first above written.
CONTRACTOR: ATTEST:
By: Name:
Name: Title:
Title:
(Seal)
OWNER: ATTEST:
Town of Lake Lure
By: Name:
Name: Title:
Title:
(Seal)
NORTH CAROLINA
RUTHERFORD COUNTY
I, _____________________, Notary Public, do hereby certify that ________________________
personally appeared before me this day and acknowledged the due execution of the foregoing
instrument.
Witness my hand and official seal this ______day of _______________, 2024.
(Official Seal)
_________________________
Official Signature of Notary
_________________________
Notary’s Printed or Typed Name
My commission expires: _____________
NORTH CAROLINA
RUTHERFORD COUNTY
I, _____________________, Notary Public, do hereby certify that ________________________
personally appeared before me this day and acknowledged the due execution of the foregoing
instrument.
Witness my hand and official seal this ______day of _______________, 2024.
(Official Seal)
_________________________
Official Signature of Notary
_________________________
Notary’s Printed or Typed Name
My commission expires: _____________
This instrument has been pre-audited in the manner required by the local
Government Budget and Fiscal Control Act.
_______________________________, Finance Director
Town of Lake Lure, North Carolina