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HomeMy WebLinkAboutAgenda - 03-16-1999 - 9g- - _ ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. q-a ACTION AGENDA ITEM ABSTRACT ~~ Meeting Date: March 16, 1999 SUBJECT: Bid Award/Contract Approval; Efland Cheeks Community School Park DEPARTMENT: Purchasing and Central Services ATTACHMENT(S): Bid Tabulation PUBLIC HEARING: No BUDGET AMENDMENT READ? Yes INFORMATION CONTACT: Pam Jones, ext. 2650 Telephone Number- Hillsborough 732-8181 Chapel Hill 967-9251 Mebane 227-2031 Durham 688-7331 PURPOSE: To consider awarding a bid and approving a contract for the construction of the Efland Cheeks Community School Park, Efland North Carolina. BACKGROUND: This bid includes Phase I of the Efland Cheeks Community-School Park master plan. Primary amenities include playground area, multi-purpose playing field (includes irrigation of the playing field), lighted basketball court, picnic shelter, walking trail and parking areas. Phase I bids were received on March 4, 1999, with three bidders responding. The base bids ranged from $756,663 to $1,194,800. A tabulation of the complete results is attached. The original project estimate from the designer was approximately $650,000, however, various changes were made after the estimate was submitted. Most of the design changes were inconsequential from a cost perspective. The primary scope/cost change added after the estimate was the basketball court lighting, estimated by the designer at $15,000--$20,000. The bid included five alternates, which are outlined as follows: 1. Sprigging of the multi purpose field. Sprigging is a process of placing established grass into the planting surface. It allows the grass surface on the playing field to be established quicker and the grass is heartier, thereby minimizing the chance that the surface will need to be replanted more than one time. This add alternate was bid at $55,000 and is not recommended for approval. 2. Pervious parking surface. Due to the impervious surface requirements at this site, pervious surfaces were specified in some of the lesser-trafficked 2 parking areas. Two types of turfgrids were specified. This alternate allowed the contractor to make a distinction in the quality, and presumably price of the. turfgrids they would propose to use. The apparent low bidder did not provide a deduct alternate, however. 3. Metal bollards. The project includes wooden bollards. The designer added these as an altemate since they may be more durable than wooden bollards and can be painted to allow for different aesthetics in the park. The wooden bollards are functionally acceptable however, so it would not be recommended that this alternate be taken. This alternate would add $3,000. 4. Two level water fountain and water line. This alternate adds a second water fountain to the park and is located in the general vicinity of the playground. The other fountain is located in the general vicinity of the shelter. Two level fountains are required for handicapped access. This alternate adds $500. 5. Picnic Shelter planting includes approximately 40 shrubs in the general vicinity of the picnic shelter. The shrubs were bid by the apparent low bidder at $25 per unit, including labor to install and guarantee for one year. This alternate adds $2,000. If all of the alternates were taken, the apparent low bid for the project would be $817,163. To provide insight as to where the cost centers fall within this project, the following information from the designer's cost estimation documents is offered: - The majority of the project cost is clearing, grading, site utilities, erosion control measures (estimated cost $310,000). - Development of the playing field ($101,000, which includes $35,000 for irrigation of this field only); - Construction of the picnic shelter with grills, tables, etc. (est. $59,000); - Construction of the lighted basketball court (est. $49,500); - Development of park entrance and parking areas (est. $114,000, which includes plantings, associated sidewalks, signage, etc); - Development of playground area (est. $ 68,200, which includes as its primary expense the rubberized play surface). As referenced earlier, these numbers are derived from the designer's cost estimating sheets. Obviously, the bids are higher than the cost estimates. While we have no substantiated information from bidders as to why their bids are significantly higher than the estimates, one may only speculate that the bids reflect factors such as the continuing aggressive market in our area and price increases since the estimates were provided. The Board may wish to consider one of the following options: 1. Build the park as designed, taking all alternates, as specified and appropriate from the 1997 Park Bond funds approximately $112,000 and from the County Capital Reserve Fund Balance $50,000, needed to fund the project at that level; or 2. Supplement~he construction fund budget through a combination of 1997 Park Bond funds and County Capital Reserve Fund Balance and direct staff to reduce the project to ft that funding level. Preliminary review indicates that if $100,000 were added to the project it could be built without seriously jeopardizing the functional intent. Should the Board choose to exercise this option, the primary change in scope of the project would be to seed the multi-purpose field rather than sprig it ($55,000 savings). The balance of the money would be made up through a variety of smaller changes. It is notable that the Town of Chapel Hill experienced similar problems with the construction of the Northem Park and it is our understanding was unable to get bidders until the third solicitation. As the Board may recall, the bids for the Northern Park also substantially exceeded funds budgeted by the Town. FINANCIAL IMPACT: This project is funded through 1997 bond funds. The 1999-2008 CIP includes approximately $650,000 for construction of the project. Although it is recommended that the staff be authorized to negotiate some changes in the scope of work, thereby reducing the cost of construction, a minimum of $100,000 additional appropriation will be necessary to build the park which reasonably meets the functional intent of the master park plan for the area. RECOMMENDATION(S): The Manager recommends that the Board exercise option #2 above, in which an additional $100,000 is appropriated as follows: $50,000 from 1997 Park Bond proceeds, and $50,000 from the County Capital Fund Balance; alternate #1 (sprigging) and #3 (metal bollards) are specifically not taken; and staff is authorized to negotiate with the contractor to bring the construction contract into line with the available funding; and that the construction contracts be approved, contingent upon the final contract amount not exceeding $756,000; and authorize the Chair to sign on behalf of the Board. B.ID TABULATION EFLAND-CHEEKS COMMUNITY SCHOOL PARK MARCH 4 1999 - 2:O~PM SINGLE-PRIME ~31D BIDDERS ~lane~.~ f~~ .S ~ J RECEIVED ADDENDUMS 5 TOTAL YIN 131D BOND 59b YM BASE BlD (INCLUDING ALL ALLOWANCES) ALTERNATE 1 - S of Mint se Field / i - rG~~ 800 t` / 754. (c(c 3 ~ 55 c~ ~ v `~ O ~ 00 ALTERNATE 2 -Turf rids Perious Parkin 00 ~ i S CCU ALTERNATE 3 -Metal Bollards Z ~ ALTERNATE A - 2 level Water Fountain and Waler Line ~ 00 50 ~ ~ ~~ '~~~ ALTERNATE 5 - Ptcnic Shelter Plantin 2 - ~ Q TOTAL: S C ~ - i f 1 ~ ~ - ~ - L~ MEMORANDUM TO: Orange County Board of Commissioners FROM: John Link, County Manager DATE: March 16, 1999 RE: School/Park Reserve Commissioner Brown has raised the possibility of using funds from the school/park reserve fund to help cover the costs of the Efland-Cheeks Community School Park project budget (Item 9-g on tonight's agenda). Attached is an extract from the 1998-99 budget document which provides background on the purposes of the fund and its current and projected year- end balances. Educatz'on -continued r Recurring Capital Capital outlay funding is provided to support Category I (facility improvements), Category II (equipment and furnishings), and Category III (vehicles and bus purchases) expenditures. The equal per pupil allocations required by law for current expense appropriations are not applicable to this category of local school funding. Based on the Board's policy to earmark three cents on the General Fund property tax rate for recurring capital, the appropriation increases for the Chapel Hill/Carrboro City Schools by $50,669 to a total of $1,123,000. The recurring capital budget for the Orange County Schools increases by $42,455 to $826,652. Capital Improvements The amounts reflected here include the amounts transferred from the General Fund to the School Capital Projects Fund and the School/Park Capital Reserve Fund. Long range school capital funding is planned and programmed through the County's ten-year. Capital Investment Plan (CIP). Projects are funded by a combination of State and local bonds, private placement financing and pay-as-you-go funding sources. The latter include dedicated sales tax revenues, property tax directed by Board policy, and North Carolina Public School Building Capital funds. A list and brief description of all projects approved for funding in 1998-99 are included in the Capital section of this document. More detailed information about both bond and pay-as-you-go school capital projects is contained in the 1998-2008 CIP document located in the back of this document. School/Park Capital Reserve Fund The Board of Commissioners established aSchool/Park Capital Reserve Fund in 1995-96, with the equivalent of one cent on the ad valorem tax rate appropriated to this fund. The following appropriations have occurred over the past few years: 1995-96 $476,048 1996-97 $494,442 1997-98 $618,843 No funds have been expended from this account; the anticipated balance at June 30, 1998, including interest earned, is expected to be $1;653,644. The additional property tax in 1998-99 will bring the total to at least $2,303,528. The Board established this reserve for school site and recreation projects. During discussions regarding the funding plan for capital projects, the Commissioners stated that this .would be a three year commitment, which after this final year of appropriation, this commitment would be reviewed. As presented, this budget continues the appropriation for one additional year (1998-99). The Boazd is currently reviewing this policy. Lenz service These funds repay principal and interest due on School related debt including general obligation bonds and private placement loans. For detailed information related to these financing sources, please refer to the Debt Service pages included in the Non-Departmental section of this document. 10-3 .~ EFLAND-CHEEKS COMMUNITY SCHOOL PARK Phase One ,3-/~ - 99 ORIGINAL SIGNATURES P~~ 55679.CD COPY ~" SECTION 20501 DIST: FORM OF CONSTRUCTION CONTRACT THIS AGREEMENT, made the 15i day of April in the year of 1999 by and between Carl Norris Construction Company hereinafter called the Party of the First Part and the County of Orange; through the Department of Purchasing attn: Pamela K. Jones hereinafter called the Party of the Second Part. WITNESSETH: That the Party of the First Part and the Party of the Second Part for the consideration herein named agree as follows: Scope of Work: The Party of the First Part shall furnish and deliver all of the materials, and perform all of the work in the manner and form as provided by the following enumerated plans, specifications and documents, which are attached hereto and made a part thereof as if fully contained herein: advertisement; Instructions to Bidders; General Conditions; Supplementary General Conditions; specifications; accepted proposal; contract; performance bond; payment bond; power of attorney; workmen's compensation; public liability; property damage and builder's risk insurance certificates, and drawings, titled: Efland Cheeks Community School Park Consisting of the following sheets: L1.0 Site Plan L1.1 Boundary Survey L1.2 Demolition/Clearing Limits L2.0 Layout Plan L2.1 Layout Enlargements L3.0 Erosion Control Plan L3.1 Erosion Control Details L4.0 Grading Plan L5.0 Utility Plan L6.0 Landscape Planting Plan L7.0 Irrigation Plan L7.1 Irrigation Details L8.0 Shelter Plan L9.0 Site Details L9.1 Site Details L9.2 Site Details L9.3 Site Details Dated: February 12,1999 and the following addenda: Addendum No. 1 Dated: February 24,1999 Addendum No. 2 Dated: February 25,1999 2. That the Party of the First Part shall commence work to be performed under this agreement on a date to be specified in a written order of the Party of the Second Part and shall fully complete all work hereunder within 270 consecutive calendar days from said date. For each day in excess thereof, liquidated damages shall be as stated in Supplementary General Conditions. The Party of the First Part, as one of the considerations for the awarding of this contract, shall furnish to the February 12, 1999 20501-1 FORM OF CONSTRUCTION CONTRACT EFLAND-CHEEKS COMMUNITY SCHOOL PARK Phase One 55679.CD Party of the Second Part a construction schedule setting forth planned progress of the project broken down by the various divisions or part of the work and by calendar days. If the Party of the First Part fails to begin the work under the contract within the time specified, or the progress of the work is not maintained on schedule, or the work is not completed within the time above specified, or fails to perform the work with sufficient workmen and equipment or with sufficient materials to ensure the prompt completion of said work, or shall perform the work unsuitably or shall discontinue the prosecution of the work, or if the Party of the First Part shall become insolvent or be declared bankrupt or commit any act of bankruptcy or insolvency, or allow any final judgment to stand against him unsatisfied for a period of forty-eight (48) hours, or shall make an assignment for the benefit of creditors, or for any other cause whatsoever shall not carry on the work in an acceptable manner, the Party of the Second Part may give notice in writing, sent by certified mail, return receipt requested, to the Party of the First Part and his surety of such delay, neglect or default, specifying the same, and if the Party of the First Part within a period of fifteen (15) days after such notice shall not proceed in accordance therewith, then the Party of the Second Part shall, declare this contract in default, and, thereupon, the surety shall promptly take over the work and complete the performance of this contract in the manner and within the time frame specified. In the event the surety shall fail to take over the work to be done under this contract within fifteen (15) days after being so notified and notify the Party of the Second Part in writing, sent by certified mail, return receipt requested, that he is taking the same over and stating that he will diligently pursue and complete the same, the Party of the Second Part shall have full power and authority, without violating the contract, to take the prosecution of the work out of the hands of said Party of the First Part, 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, either by public letting or negotiation, for the completion of said contract according to the terms and provisions thereof or use such other methods as in his opinion shall be required for the completion of said contract in an acceptable manner. All costs and charges incurred by the Party of the Second Part, together with the costs of completing the work under contract, shall be deducted from any monies due or which may become due said Party of the First Part and surety. In case the expense so incurred by the Party of the Second Part shall be less than the sum which would have been payable under the contract, if it had been completed by said Party of the First Part, then the said Party of the First Part and surety shall be entitled to receive the difference, but in case such expense shall exceed the sum which would have been payable under the contract, then the Party of the First Part and the surety shall be liable and shall pay to the Party of the Second Part the amount of said excess. The Party of the Second Part hereby agrees to pay to the Party of the First Part for the faithful performance of this agreement, subject to additions and deductions as provided in the specifications or proposal, in lawful money of the United States as follows: Seven hundred and fifty one thousand two hundred and seventy three DOLLARS ($ 751,273.00). Summary of Contract Award: 4. On or before the 20th day of each calendar month, the Party of the Second Part shall make payments to the Party of the First Part on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the First Party, less five percent (5%) of the amount of such estimate which is to be retained by the Second Party until all work has been performed strictly in accordance with this agreement and until such work has been accepted by the Second Party. The Second Party may elect to waive retainage requirements after 50 percent of the work has been satisfactorily completed on schedule as referred to in Article 31 of the General Conditions. 5. Upon submission by the First Party of evidence satisfactory to the Second Party that all payrolls, material bills and other costs incurred by the First Parry in connection with the construction of the February 12, 1999 20501-2 FORM OF CONSTRUCTION CONTRACT EFLAND-CHEEKS COMMUNITY SCHOOL PARK Phase One 55679.CD work have been paid in full, final payment on account of this agreement shall be made within thirty (30) days after the completion by the First Party of all work covered by this agreement and the acceptance of such work by the Second Party. 6. It is further mutually agreed between the parties hereto that if at any time after the execution of this agreement and the surety bonds hereto attached for its faithful performance, the Second Party shall deem the surety or sureties upon such bonds to be unsatisfactory, or if, for any reason, such bonds cease to be adequate to cover the performance of the work, the First Party shall, at its expense, within five (5) days after the receipt of notice from the Second Party so to do, furnish an additional bond or bonds in such form and amount, and with such surety or sureties as shall be satisfactory to the Second Party. In such event no further payment to the First Party shall be deemed to be due under this agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Second Party. IN WITNESS WHEREOF, the Parties hereto have executed this agreement on the day and date first above written in four counterparts, each of which shall without proof or accounting for other counterparts, be deemed an original contract. Witness: ~~ av`~^- '~ Attest: (Corporation) By: ,n ~ Title: _~-E~,~E ~~Y1C<`~P1~ (CORPORATE SEAL Witness: By: Title: ~~~~ ~~~ ~~~ G:IFPILA155679-efl ndISPECS120501. doc C/Y'R-~ ~ D 1~. $1 5 GLEN 5 TIC 4t 4T O•J Ct~ . 1 N C- Contra tor: (Trade or Corporate Name) ~ BY~ Lr~-/~ ~ P ~~ (Propri orship or Partnership) Title: ~R ES ~ D e~ r (Owner, Partner, or Corp. Pres. Or Vice Pres.) The~C~ unty o~f~Ora ge (Agency, Department or Institution) February 12, 1999 20501-3 FORM OF CONSTRUCTION CONTRACT National Grange Mutual Insurance Company Performance Bond SG '~~l'~I S(rCrl. P 11 HiiC ' •INI Kerns. VH 112131-'nr~l) ihll;l 3?~-111111) Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable CONTRACTOR (Name and Address): CARL MORRIS CONSTRUCTION COMPANY 2233 BELLEMONT-ALAMANCE ROAD BURLINGTON NC 27215 OWNER (Name and Address): ORANGE COUNTY PO BOX 8181 HILLSBOROUGH NC 27278 SURETY (Name and Principal Place of Businessl: NATIONAL GRANGE MUTUAL INSURANCE COMPANY 55 West Street, PO Box 2300 Keene, NH 03431 CONSTRUCTION CONTRACT Date: April 1, 1999 Amount: $751273.00 Description (Name and. Location): Efland-Cheeks Community School Park BOND Date (Not earlier than Construction Contract Date): Amount: $751, 273.00 Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: (Corporate Seall CARL MORRIS CONSTRUCTION CO Signature: - Name and Ti ~'/t.r.,l NOR fiCts Got~(~. 5~4Rt~ T'~Y (Any additional signatures appear on page 3) April 1, 1999 O None O See Page 3 SURETY Company: ICorpor e Seal) NATIONAL GRANGE UTUAL IN U ANCE OMPANY Signature: ~ ~~~~ Name and Title: /Attorney-in-Fact )FOR INFORMATION ONLY-Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or HAYWOOD SIMPSON other party): INSURANCE AGIENCY Post Office t3ox 2038 l3urtington, North C~olina 27216 Phone (336) 228-0525 FAX (336) 228-9997 WOOLPERT LLP 8731 Red Oak Blvd Suite 101 Charlotte, NC 28217-3958 Printed in cooperation with the American Institute of ARchitects (AIA) by the National Gran a Mutual Insurance Company. The language in this document c~p~~~rms ~~C~ic~l to the 1 n u ge din AIA Document A312 December 1984 e >, ion, r ~rinting, ~at~c~i, 1~~e1. A Main Street America company 1 The Contractor and the Surely, jointly and xwerally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. T If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conlerences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond•3~all arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason- able time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- dance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construc- tion Contract itself, through its agents or through inde• pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Con- struction Contract, arrange for a contract to be pre- pared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in ex- cess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount (or which it may bc~ liable to thc~ O.. nc•r and, a~ soon as practicable after the amuunt i< dc~te•r• mined, tender payment therefor Iu Ihc~ Owner; or .2 Deny Gabilih~ in whole or in part and noUly the Owner citing reasons therefor. 5 I(the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Sureh shall be deemed to be in default on this Bund fifteen days after receipt of an additional written notice from the O~yner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Sure- ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual dam- ages caused by delayed performance or non-perfor- mance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of anv such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, includ- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever oc- curs first. tf the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail- Printed in cooperation with the American Institute of ARchitects (AIA) by the National Gran a Mutual Insurance Company. The language in this document c~n~orms ~~Cdc~ly to th9 l~a~~~gel~~~d in AIA Document A312 December 1984 e i ion, ><r rtntin , able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig- nature page. 11 When This Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed inci3rporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: ~:. . ~•~ tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Spate is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seall Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: Printed in cooperation with the American Institute of ARchitects (AIA) by the National Gran a Mutual Insurance Company. The language in this document cgpfOrms ~~dc~l to the l~nqu~ge din AIA Document A312 December 1984 e4ition, a.r ~rint>,ng, a c l~~~l. National _: „~,~ Sir«<. ~ ~, f~,., _ ~,~~ Grande ~~~~~. Ott ~,~~;,_,~~,,,, Mutual ~`,~~'~ ~`=-~""" Insurance Company .~ Payment Bond 4' Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): CARL MORRIS CONSTRUCTION COMPANY INC 2233 BELLEMONT-ALAMANCE ROAD BURLINGTON NC 27215 SURETY (Name and Principal Place of Businessl: NATIONAL GRANGE MUTUAL INSURANCE COMPANY 55 West Street, PO Box 2300 Keene, NH 03431 OWNER (Name and Address): ORANGE COUNTY PO BOX 8181 HILLSBOROUGH NC 27278 CONSTRUCTION CONTRACT Date: April 1, 1999 Amount: $751, 273.00 Description (Name and location): Efland-Cheeks Community School Park BOND Date (Not earlier than Construction Contract Date): Amount: $751 ~ 273.00 Modifications to this Bond: April 1, 1999 ^ None ^ See Page 6 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Carl Norris Construction Cotnpanyr Inc Signature: Name and Tit e ~ hwJ N O ~ R~ S GDtRp. S ~a1RL TAY (Any additional signaturets appear on page 6) SURETY Company (Cor rate Seal) NATIONAL GRANG MUTUAL INSURANCp COMPANY Signature: ~~ Name and Title: /Attorney-in-Fact (FOR INFORMATION ONLY-Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or HAYWOOD SIMPSON other party): INSURANCE AGIENCY wooLPERT LLP Post Office Box 2038 8731 Red Oak Blvd Suite 101 Burlington, North Carolina 27216 Charlotte NC 28217-3958 Phone (336) 228-0525 FAX (336) 228-9997 Printed in cooperation with the American Institute of ARchitects (AIA) by the National Gran a Mutual Insurance Company. The language in this document c~~t~Orms €~C~c~l to the l~nqu~lge din AIA Document A312 December 1984 e ion, r ~rl,nting, a c 1~~~/. ~ ~1 im ~Ir r, r~l 11 nor n~'~ n ~ i J. 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorpo- rated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Dpf~nds, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment fur- nished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim. is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be tredited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfor- mance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that alt funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- ity to use the funds for the completion of the work. 9 The Surety shall not be liable to the Chvner, Claimants or others for obligations of the Contractor that are unrelat- ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- ant under this Bond, and shall have under this Bond no obli- gations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. .1 Have furnished written notice to the Con- tractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or fvr whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above no- lice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is suffi- cie~-t compliance. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris- diction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last mate- rials orequipment were furnished by anyone under the Con- struction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond co•iflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Printed in cooperation with the American Institute of ARchitects (AIA) by the National Gran a Mutual Insurance Company. The language in this document c~n~orms ~~Cac~ly to th9 l~aq~~gel~l~~d in AIA Document A312 December 1984 e >, ion, >,r r><ntin , Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equip- ment for use in the performance of the Contract. The intent of this Bond shall be to include without limita- tion in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Construction Contract, architectural and enf;ineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay .the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: Printed in cooperation with the American Institute of ARchitects (AIA) by the National Gran a Mutual Insurance Company. The language in this document copforms ~~dc~ly to th9 l~a~~~gel~l~~d in AIA Document A312 December 1984 ea), ion, it ra.ntin , Nnnatiro~nppar~l G((r``annng~~e Mutual A~~11~FN'~7H~~~F'~~ENTS: That the National Grange Mutual Insurance Company, a New I~a~~r~cd'~at~~~rYiav- ing its ~iP~@31'4r74~IdA@Tity of Keene, State of New Hampshire, pursuant to Article V, Section 2 of the By-Laws of said Company, to wit: "Section 2. The board of directors, the president, any vice president, secretary, or the treasurer shall have the power and authority to appoint attorneys-in-fact and. to authorize them to execute on behalf of the company and affix the seal of the company thereto, bonds, recognizances, contracts of indemnity or writings obligatory in the nature of a bond, recognizance or conditional under- taking and to remove any such attorneys-in-fact at any time and revoke the power and authority given to them. "Pursuant to said by-law does hereby make, constitute and appoint HAYWOOD G. S[MPSON JR., WILLIAM T. MILES, KEVIN K. REAVIS, STEPHEN T. SIMPSON, DIXIE L. VERNON, its true and lawful Attorneys-in-fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed, bonds, undertakings recognizances, contracts of indemnity, or other writings obligatory in the nature of a bond subject to the following limitation: 1. No one bond to exceed Five Million Dollars ($5,000,000.00). and to bind the National Grange Mutual Insurance Company thereby as fully and to the same extent as i ~ruments were signed by the duly authorized officers of the National Grange Mutual Insurance Company, and all t said Attorney are hereby ratified and confirmed. This power of attorney is signed and sealed by facsimile under and by the authority of the followi s`~ ion adopted by the Direc- tors of The National Grange Mutual Insurance Company at a meeting duly called and held on t day of December 1977. Voted: That the signature of any officer authorized by the By-Laws and the company y be affixed by facsimile to any power of attorney or special power of attorney or certification of either given execution of any bond, undertaking, , recognizance or other written obligation in fhe nature thereof; such signatur al, when so used being hereby adopted by the company as the original signature of such office and the original e com~i~, to be valid and binding upon the company with the same force and effect as though manually affixed. By execution of this Power of Attorney, National Grange Mutual I Compan,~ ereby revoke, rescind and declare null and void any previous Power of Attorney at any time previ rnished ~ resaid individuals or agencies. /N W/TNESS WHEREOF, The National Grange Mutual Insurance y has caus presents to be signed by its Corporate Secretary and its corporate seal to be hereto affixed this 04TH d f arch THIS APPOINTMENTS LL CEASE AND TERMINATE AUTOMATICALLY AS OF DECEMBER 02, unless r e ovid ~ , ., !~,+'!!~'~!~~~plliii, NATIONAL GRANGE MUTUAL INSURA C PANY ~ ~ P 0 f THIS POWER IS INVALID IF RED DIAGONA " NATIO ANGE MUTUAL INSURANCE C , KEE ,~ hIAMPSIIIRE " IS NOT SHOWN IN ITS ENTIRE ,~(~ a ~ ~~ 1 ~ ~ 3 ~r;1~ o State of New Hampshire, County of Ches ~~j ~ p~~ f ~ ~ ~ On this 04TH day of March 1999 the subs Notary Public of the State of New Hampshir ~, for the Cou t) Cheshire duly commissioned and me Wil1i~~McKenna of the National Grange Mutual Insuranc ~, ,,` personally known to be the offs ribed herei and who executed the preceding instrument, and he acknowl ~ ~~ t!i1E~ '' `h° of same, and being by me rn, depos a~l that he is an officer of said Company, aforesaid: that the seal a~~#~41i!~o" the` preceding instrument is c orate seal ompany, and the said corporate seal and his signature as officer were duly affixed and subscribed to the ~strument b p thority and direction of the said Company; that Article V, Section 2 of the By-Laws of said Company is orce. /N W/TNE EOF, I have unto set my hand and affixed by official seal at Keene, New Hampshire th2s~"''"~~~e""'~+,,~jr 04TH day ch 1999. ~ ~` ~!, • ~•• F i' ~ ~(~~~j~ Notary Public •y ~~ ~T ~~ ~)'' ' My Commission Expires: May ,,2803 0. o -~ i .,: I Lyn E. Landry, Assistant Vice President of the National Grange Mutual Insurance Company, do hereby ce ,rt~~~ i~cwe! $ucl a foregoing is a true and correct copy of a Power of Attorney executed by said Company which is still in force at~l a ~~t. : ' r., R' /N TNESS WHER OF, I have hereunto set my hand and affixed the seal of said C at e, New ~~sliire~ tli#s,~~~,.~ ~~ day of ,~ NAM~'~~,~` Assists t Vice President 68-N882.002 ~~ WARNING -Any unauthorized reproduction or alteration of this document is prohibited. This power is void unless seals are readable and the certification seal at the bottom is embossed. The diagonal imprint, warning and confirmation must be in red ink. CONFIRMATION Of validity of attached bond, call NGM at: Keene 603-358-1339; Richmond 804-270-6611 ext. 138; Syracuse 315-434-1410.