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2009-079 Purchasing & Rec & Park - McQueen Construction for Fairview Park
~~~-~~ ~~ FORM OF CONSTRUCTION CONTRACT (GENERAL CONSTRUCTION CONTRACT) THIS AGREEMENT, made the 17th day of September in the year of 2009 by and between McQueen Construction. Inc., of Bahama. NC hereinafter called the Party of the First Part and Orange County, NC, 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: 1. 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: Orange County, Fairview Community Park onsisting o t e o owing s eets: See attached drawing index page 00020-2 of Specifications- Attachment "A" Also subject to the unit prices from the bid dated 5/19/09 (attached)- Attachment "B" Subject to the contract agreement between the County of Orange and NC Parks & Recreation Trust Fund (Contract # 2641) Attached- Attachment "C" Dated : April 20, 2009 and the following addenda: Addendum No 1 Dated: 5/11/09 Addendum No. Dated: Addendum No 2 Dated: 5/13/09 Addendum No. Dated: Addendum No 3 Dated: 5/15/09 Addendum No. Dated: Addendum No Dated: Addendum No. Dated: 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 210 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 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. 3. 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: Nine Hundred and Eighty-Six Thousand Dollars ($986 000) Summary of Contract Award: Base Bid: $588,500 plus Alt. G-2 (Picnic Shelter w/restrooms) $69,500; Alt. G-3 (Playground & Assoc. Mat'Is) $69,600; Alt. G-4 (Asphalt surface on access road and parking) $24,000; Alt. G-5 (Site Amenities) $54,000; Alt. G-6 (Baseball Sports Lighting) $153,000; Alt. G-7 (Basketball Sports Lighting) $16,000; Alt. G-8 (1" Water Line extension) $11,400. 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 Party in connection with the construction of the 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: ropnetors ip or artners ip Attest: (Corporation ) only) By: N /~~ /, Jl,~y~(~lIp ~ Title: ~~ ~~ (Corp. Sec. or Asst. Sec. only) (CORPORATE SEAL) Witness: By: n Co or Corpprate Name) Title: l" ~°5 . (Owner, Partner, Corp. Pre . or Vice Pres. This instrument has been pre-audited in the manner required by the Local Government Budget arld Fiscal Control Act. ge County Financial ices Representative This in trument is oved as to Form. range County Attorney ORANGE COUNTY. NC By:_ Title (Agency, Department or I ~~ ~~ For further clarification of definitions, refer to the following: OWNER: Orange County Board of Commissioners P. O. Box 8181 Hillsborough, NC 27278 ARCHITECT/ Corley Redfoot Zack, Inc. CIVIL ENGINEER: P. O. Box 2368 Chapel Hill, NC 27515-2368 (919-401-8586) LANDSCAPE Susan Hatchell Landscape Architecture, PLLC ARCHITECT: 1020 Washington Street Raleigh, NC 27605 (919-838-9600) MECHANICAL/ELECTRICAL/PLUMBING ENGINEER: Reece Noland McElrath, Inc. P. O. Box 540 Waynesville, NC 28786 (828-456-9851) DRAWINGS: The drawings prepared by the Architect, dated 4/20/09 and bearing the title "Orange County, Fairview Community Park, 195 Torain Street, Hillsborough, NC" consist of the following: CO.O Cover Sheet C1.0 Overall Existing Conditions C1.1 Existing Conditions C1.2 Contractor Laydown/Demolition Plan-Including Rev.1-05/06/09 C2.0 Site Plan-Including Rev.1-dated 05/06/09 C2.1 Site Details 1 C2.2 Site Details 2 C3.0 Grading/Storm Drainage Plan C4.0 Utility Plan C4.1 Grading & Utility Details C5.0 Erosion Control Plan C5.1 Erosion Control Details L1.0 Landscape Plan- Including Revisions 1-dated 05/06/09 & 2-dated 0603/09 L2.1 Playground Plan E1.0 Site Lighting Plan E2.0 Electrical Details 00020-2 ATTACHMENT A FORM OF PROPOSAL - SINGLE PRIME GENERAL CONTRACT DATE : ~ = ! 9 ~- O ~j CONTRACTOR: /Lt ~~.c~, ~ ~ ~'~ . PROJECT: Fairview Community Park CRZ Project #0716 OWNER: Orange County Board of Commissioners Hillsborough, NC !ARCHITECT: Corley Redfoot Zack, Inc. Chapel Hill, NC Gentlemen: The undersigned, as Bidder, hereby declares that the only person or persons interested in this Proposal as Principal or principals is or are named herein and that no other person than named herein has any interest-in•this Proposal or in the contract to be entered into; 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 respects 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. The Bidder proposes and agrees, if this Proposal is accepted, to contract with the Owner in the form of contract specified, to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and labor necessary to complete all construction of the subject project in accordance with the Drawings, Specifications, and Contract Documents, to the full and entire satisfaction of the Owner and the Architect, with a definite understanding that no money will be allowed for extra work, except as set forth in the General Conditions and Contract Documents. for the sum of: - 7671 Date ~ Ipa°ges~ Post-it® Fax Note `'''I~ ~~'1 ~n~ne a Phone # SP-1 aTp~C H MEnS~' ~ SINGLE PRIME GENERAL CONSTRUCTION CONTRACT: Bid: ~ _ ~ Doll rs ($ ~ ~.~~~ NOTE: No Contractor whose bid is accepted shall substitute any person as subcontractor in the place of the subcontractor listed in the original bid, except with the approval of the awarding authority for good cause shown by the contractor. (GS 143-128-D) The General Contractor shall act as project expediter for all prime contracts. See Supplementary General Conditions. SP-2 ,. ,~ Shoaald aay of the a.3.teraatss as dasrribac~`,~fn ~e c~-utract doenmeonta be acespted, the aar~t .rr~ttea be-3.oM sha1X. ~e _ the anwumt -ao be ° to" or pdado+cted f=aea~~ the basis bid. ~~. .(Strike "it~'lac~d"~;~r _, _ , . "Dedttet" as apgrapr3.ate _ SS3~6LS P3t11~ C~NSRAL (FACT ~lta~~:e -3: ~].aygroanei: aa+d aacsoai~atQd. materials ` .o ~1DD/~e~t`~, x ~ r: ycc~ ~~~~~ ~ a,~ ~ - - -~ Dollaxs t S °y Alters~ta alt arurfaC~ c~o~nrae oa t.]ae ae:+c~ss std aasd parka.Ag area A7.terswtte #G-S : sure ~it..ies ALid~/ .~D _ Dollars ($ ~.... .! .' fl Altersaate #G-6: Hasebetll Meld sports ligh#a~~r ~t~u 5 ~.. ©~~, ~~P Fc ~-~, ~- c~ l ~ ~ moo } A7.terrs~rrate #6-7 - Haslcetbali eo~nrt sports ligh*,~.ng ADD/Dedaot-~/sc~.z.,`. '~{~roc>tSC~.-~v ~'~- Douars ($ t • `~ A1.tes~ate . ~G--B : 1 ~ gate= l.iste ` ns3~ for a fonata~.n sad boars b3:b ~~ EI~Clfit,,~-~"~i,p,~GS„~.~„~ r-1.9tw ULU~,,d~.YC~ou.airs~ is • <g~o - .,,,,) sP--3 (Addiaadnm ~1) ORANGE COUNTY RECREATION AND PARKS FAIlZVIEW PARK PART 2 -PRODUCTS (Not Used) PART 3 -EXECUTION 3.1 LIST OF UNIT PRICES Earthwork Removal of Unsuitable Material and Replacement with On-Site Borrow Removal of Unsuitable Material and Replacement with Off-Site Borrow Removal of Unsuitable. Material and Replacement with #57 Stone Trench Rock Excavation and Removal General Rock Excavation and Removal Sitework Installation (price based on details provided in construction documents) 30" Concrete Curb and Gutter 4" Concrete Sidewalk 15" Storm Drainage Pipe -RCP - up to 6 feet deep Storm Structure -Drop Inlet - up to 6 feet deep Asphalt Pavement - 2" surface course - S9.SA Asphalt Pavement - 8" - B25.OB Reinforced Concrete Pavement -per civil detail 6"-thick Compacted Aggregate Base Course (NCDOT standard) 8"-thick Compacted Aggregate Base Course (I~TCDOT standard) #57 Washed Stone St' - 4 $ ,. C~ . o O./cy $ Via-- ~ Jcy $ ~~~'6~ ./lf $ ~. o a ./lf $ ./sy $ ./sf $ ~~ ~ ~ ./ton $ lV- A-- Jea UNIT PRICES The Bidder further proposes and agrees hereby to commence work under this Contract on a date to be specified in a written order of the Architect and shall fully complete all work thereunder within 210 days of Notice. to Proceed.. Applicable liquidated damages shall be as stated in the Supplementary General Conditions. The undersigned further agrees that, in the case of failure on his part to execute the said Contract within ten (10) consecutive calendar days after written notice being given of award of the Contract, the. check, cash, or bid bond accompanying this bid shall be paid into the funds of the Owner's account set aside for this Project, as liquidated damages for such failure;. otherwise, the check, cash, or bid bond accompanying this Proposal shall be returned to the undersigned. Addenda received and used in computing bids: Addendum No. ~ , Addendum No. 2 , Addendum No. 3 , dates //-pq aate~ _13 "~q date ~' _ ~ rj .. pc~ Addendum No. date Addendum No. date Addendum No. date Attach certified check, cash or bid bond to this proposal. SP - 5 Respectfully submitted this ~ ~ ~~' day of /~ ~1s/ 2oc~' . ~ (ivame or firm or corporation makin bid) WITNESS: gy; Si ure Title: For proprietorship or ( r Pr s. V.Pres) partnership) Address:6t ~~ . -- .. - Z 750 3 License No . 3G qgZ Federal ID No . .Y'(~ -14 '~ ~ q Z g ATTEST: By : 1~GrD~-~ ~(~GCp Title : ~~. (Corp. Sec. or Asst. Sec. only) (CORPORATE SEAL) SP-6 ' Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to bid State of North Carolina AFFIDAVIT A -Listing of Good Faith Efforts County of~~ ~nGcM~ (Name of Bidder) Affidavit of ~ G~ u e6 w ~ nS'i tr y~ have made a good faith effort to comply under the following areas checked: Bidders must earn at least 50 points from the good faith efforts listed for their bid to be con dared responsive. (1 NC Administrative Code 301.0101) 1 - (10 pts) Contacted minority businesses that reasonably could have been expected to submit a quote and that were known to the contractor, or available on State or local government maintained lists, at least 10 days ~~b fore the bid date and notified them of the nature and scope of the work to be performed. O(2 -(10 pts) Made the construction plans, speafications and requirements available for review by prospective ority businesses, or providing these documents to them at least 10 days before the bids are due. ~(15 pts) Broken down or combined elements of work into economically feasible units to facilitate minority participation. ^ 4 - (10 pts) Worked with minority trade, community, or contractor organizations identified by the Office of Historiplly Underutilized Businesses and included in the bid documents that provide assistance in ,/recruitment of minority businesses. 017 5 - (10 pts) Attended prebid meetings scheduled by the public owner. ^ 6 - (20 pts) Provided assistance in getting required bonding or insurance or provided attematives to bonding oyinsurance for subcontractors. 7 - (15 pts) Negotiated in good faith with interested minority businesses and did not reject them as unqualified without sound reasons based on their capabilities. Any rejection of a minority business based on lack of qualification should have the reasons documented in writing. ^ 8 - (25 pts) Provided assistance to an otherwise qualified minortry business in need of equipment, loan capital, lines of credit, or joint pay agreements to secure loans, supplies, or letters of credit, including waiving credit that is ordinarily required. Assisted minority businesses in obtaining the same unit pricing with the bidder's suppliers in order to help minority businesses in establishing credit. ^ 9 - (20 pts) Negotiated joint venture atxf partnership arcangements with minority businesses in order to increase opportunities for minority business participation on a public construction or repair project when stble. 10 - (20 pts) Provided quids pay agreements and policies to enable minority contractors and suppliers to meet cash-fbw demands. The undersigned, if apparent low bidder, will enter into a formal agreement with the firms listed in the Identification of Minority Business Participation schedule conditional upon scope of contract to be executed with the Owner_ Substitution.of contractors must be in accordance with GS143-128.2(d) Failure to abide by this statutory provision will constitute a breach of the contract. The undersigned hereby certifies that he or she has read the terms of the minority business commitment and is authorized to bind the bidder to th commitment herein set forth. Date~~l g©~ Name of Authorized Officer n- • M Signature: /~ -" Title: T eS . State,pf ~(~1l~rKCounty of ~kseM catered: or North Carolina. SEAL Subsry bed and orn to e re me this ~`~da~ of ~' 20 (~ Nora Publi ~~~. 1 1 ~~~ My commission expires~er~~.wlu/ Zt)I ~ MBForms 2002-Rcriscd a7_ ~~~~cc```GAM''n///~ March 2OOS `~~ '1- tCi9 /ice 5P 0y '. ~~ _~ DoT^qr ~_ _' U ~ ~°(J61-~ Z = ,Q ,~,: ti ~, .* Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Identification of Minority Business Participation 1, /`'( ~-f~C cc -e ~!/! ~GI/L5 f YLc.vP`t~.h -~ /~G (Name of Bidder) do hereby certify that on this project, we will use the following minority business enterprises as construction subcontractors, vendors, suppliers or providers of professional services. Firm Name_ Address and Ph~nP # tnr~.t~ t~no *Minnri4v ~~*o,,,,.,, T k k~- u fi li ~rec S ~ ~ D 6 .UL , .B /yl - E 5~., ~ Ucu- ' Sk v~~cy 9<~- 75' 39 ~ / N Chu Bro COV~cttt{~- 33 0 ? ~ ~ ~ ,.' v. Lo~ef. ~t-iF, i' S'~~.-~ ~vz~ ~G 3 - 3'~-0 3 ~ ~. dip . s~C~ P.O P/uaf. T3D Z L u~i ~ ~` 2 ?p S ccd 33(p -- 76 S - ?~?~' "Minority categories: Black, Afrit:an American (6), Hispanic (H), Asian American (A) American Indian (q, remate try sogaey atta tCOnomtCally UISagVantagep (P) The total value of minority business contracting will be ($) t ~~~~~'~'~ o 0 MBForms 2002-Rcvtscd March. 2W5 5, ~. ~ ~ Selective Insurance Company of America 40 Wantage Avenue Branchville, New Jersey 07890 B 1067042 973-948-3000 BID BOND KNOW ALL MEN BY THESE PRESENTS: That McQueen Construction, Inc. 619 Patrick Rd. Bahama, NC 27503 (hereinafter called the Principal) as Principal, and the SELECTIVE INSURANCE COMPANY OF AMERICA, a corporation created and existing under the laws of the State of New Jersey, with its principal office in Branchville, New Jersey (hereinafter called the Surety), as Surety, are held and firmly bound unto orange County 200 South Cameron Street, Post Office Box 8181 Hillsborough, NC 27278 (hereinafter called the Obligee) in the full and just sum of S% Percent of the Total Bid Amount ( 5% ), good and lawful money of the United States of America, to the payments of which sum of money well and truly to be made, the said Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed, sealed and dated this 19th day of May A.D. 2009 . THE CONDITION OF THIS OBLIGATION IS SUCH, That, if the Obligee shall make any award within 60 days to the Principal for Orange County Fairview Park according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof with Surety or Sureties approved by the Obligee; or if the .Principal shall, in case of failure so to do, pay to the Obligee the damages which the Obligee may suffer by reason of such failure, not exceeding the penalty of this bond, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect. Iri Testimony Whereof, the Principal and Surety have caused ese presents to be dul ned and sealed. Mc en Cons c. WITNESS: ~ - (SEAL) (If individual or Firm) (SEAL) Principal (SEAL) SELECTIVE IN . URANC COMP Y OF AMERICA By: lei`.. A orney-in-Fact Windy Lebbad B-201 (1/86) ~. POWER OF ATTORNEY Public Bid SELECTIVE INSURANCE COMPANY OF AMERICA, a New Jersey corporation having its principal office at 40 Wantage Avenue, in Branchville, State of New Jersey ("SICA"), pursuant to Article VII, Section I of its By-Laws, which state in pertinent part: The Chairman of the Boazd, President, Chief Executive Officer, any Executive Vice President, any Senior Vice President or any Corporate Secretary may, from time to time, appoint attorneys in fact, and agents to act for and on behalf of the Corporation and they may give such appointee such authority, as his/her certificate of authority may prescribe, to sign with the Corporation's name and seal with the Corporation's seal, bonds, recognizances, contracts of indemnity and other writings obligatory in the nature of a bond, recognizance or conditional undertaking, and any of said Officers may, at any time, remove any such appointee and revoke the power and authority given him/her. Cl. O v A ~-. [_. W U does hereby appoint Windy Lebbad its-true and lawful attorney(s)-in-fact, full authority to execute on SICA's behalf fidelity and surety bonds or undertakings and other documents of a similaz character issued by SICA in the course of its business, and to bind SICA thereby as fully as if such instruments had been duly executed by SICA's regularly elected officers at its principal office, in amounts or penalties not exceeding the sum of Six Hundred Thousand Dollars ($600,000.00) Signed this 19th day of May 2009 Selective Insurance Company of America 40 Wantage Avenue Branchville, New Jersey 07890 BondNo.B 1067042 973-948-3000 By: C. Albanese r Vice Presic STATE OF NEW JERSEY :ss. Branchville COUNTY OF SUSSEX SEAL On this 19th da of May 2009 Y ,before me, the undersigned officer, personally ~pt33i'1~j~i Antonio C. Albanese, who acknowledged himself to be the Senior Vice President of SICA, and that he, as T+1 dN ~ ~..., President, being authorized so to do, executed the foregoing instrumen the purposes therein contain~~s'~ d~ name of the corporation by himself as Senior Vice President and that was his free act and deed•`and tl~~ree ~'- and deed of SICA. Si15AN NEYI±NS ~ _ . ~. t+IC}"fAfiY PUSt.lC t~E NEW J~RSLY of blic '~, ~O~'~~~4D6?o 1tiA`1' M1SSiC3tV 1~XPiAES 1~11?./2A12 The power of attorney is signed and sealed by facsimile under and by the authority a following Resolutidtr~~~~~~r~' the Boazd of Directors of SICA at a meeting duly called and held on the 6th of February 1987, to wit: "RESOLVED, the Board of Directors of Selective Insurance Company of America authorizes and approves the use of a facsimile corporate seal, facsimile signatures of corporate officers and notazial acknowledgements thereof on powers of attorney for the execution of bonds, recognizances, contracts of indemnity and other writing obligatory in the nature of a bond, recognizance or conditional undertaking." ~..,~ CERTIFICATION I do hereby certify as SICA's Corporate Secretary that the foregoing extract of SICA's By-L ~ force and effect and this Power of Attorney issued pursuant to and in accordance with the By s is Signed this 19th day of May 2009 H. Lanza, SICA 1928 m 691 (04-07) Contract Number 2641 STATE OF NORTH CAROLINA COUNTY OF WAKE GRANTEE'S FEDERAL IDENTIFICATION NUMBER: **-***0327 North Carolina Parks and Recreation Trust Fund Project Agreement Grantee: County of Orange Project Number: 2009 - 603 Project Title: Fairview Park Development Phase I Period Covered By This Agreement: 11/1/2009 to 10/31/2012 Project Scope (Description of Projects Development including picnic shelter, playground, paved walking path, ballfield, basketball courts (2), parking area, signs, trail, horseshoe courts, (2) volleyball court, site preparation, planning / constuction related costs, and contingency. Project Costs: Conditions $ 500,000.00 $ 713,500.00 The North Carolina Department of Environment and Natural Resources (hereinafter called the "Department") and the County of Orange (hereinafter referred to as "Grantee") agree to comply with the terms, promises, conditions, plans, specifications, estimates, procedures, project proposals, maps, and assurances described in the North Carolina Parks and Recreation Trust Fund (PARTF) administrative rules and grant application which are hereby by reference made a part of the PARTF grant contract and which are on file with the Division of Parks and Recreation. In addition, the Department and the Grantee agree to comply with the State of North Carolina's Terms and Conditions as listed in Attachment A to this contract. Now, therefore, the parties hereto do mutually agree as follows: Upon execution of this grant agreement, the Department hereby promises, in consideration of the promises by the Grantee herein, to obligate to the Grantee the grant amount shown above. The Grantee hereby promises to efficiently and effectively manage the funds in accordance with the approved budget, to promptly complete grant assisted activities described above in a diligent and professional manner within the project period, and to monitor and report work performance. The parties to this contract agree and understand that the payment of the sums specified in this contract is dependent and contingent upon and subject to the appropriation, allocation and availability of funds for this purpose to the Department. PARTF Amount Local Government Match 1 ~TCAC (-~ MEKT' G Contract Number 2641• Eligible Project Costs and Fiscal Management The PARTF grant amount must be matched on at least adollar-for-dollar basis by the Grantee. To be eligible, project costs must be incurred during the contract period, be documented in the grant application, described in the project scope of this agreement, and initiated and/or undertaken after execution of this agreement by the Grantee and the Department. PARTF assistance fox land acquisition will be based on the fair market value of real property or the sales price, whichever is less. Value must be based upon an independent appraisal by a licensed appraiser holding a general or residential certification from the North Carolina Appraisal Board. The Department shall review the appraisal as to content and valuation: Approval of appraised amounts rests with the Department. The Grantee agrees to begin development on PARTF acquired land within five (5} years of the date this contract is signed by the Department and Grantee in order to allow general public access and use. Payment shall be made in accordance with the contract documents as described in the Scope of Work (Attachment B). Payment .for work performed will be made upon receipt and approval of invoice{s) . from the Grantee documenting the costs incurred in the perforznanee of work under this contract. Invoices may be submitted to the Contract Administrator quarterly. Final invoices must be received by the Department within forty-five (45} days after the end of the Contract period or contract completion, whichever occurs first. Accounting records should be based on generally accepted local government accounting standards and principles. Records shall be retained for a period of five (5) years following project completion, except that records shall be retained beyond a five (5} year period if audit findings have not been resolved. All accounting records and supporting documents will clearly show the number of the contract and PARTF project to which they are applicable.: The State Auditor shall have access to persons and records as a result of all contracts and grants entered into by state agencies and or political subdivisions in accordance with General Statute 1.47-64.7. The Grantee agrees to refund to the Department, subsequent to audit of the project's financial records, and costs disallowed or required to be refunded to the Department on account of audit exceptions. Project Execution The Grantee ma.y not deviate from the scope of the project without approval of the Department. When one of the conditions in the contract changes, including but not limited to the project scope, a revised estimate of costs, a deletion or additions of items, or need to extend the contract period, the Grantee must submit in writing a request to the Department for approval The Grantee shall be considered to be an independent contractor and as such shall be wholly responsible for the work to be performed and for the supervision of its employees. The Grantee represents that it has, or will secure at its own expense, all personnel required in performing the services under this agreement. Such employees shall not be employees of, or have any individual contractual relationship ....with the Department. In the event the Grantee subcontracts for any or all of the services covered by the contract: 2 Contract Number 2641 (a) The Grantee is not relieved of any of the duties and responsibilities provided in this contract; (b) The subcontractor agrees to abide by the standards contained herein or to provide such information as to allow the Grantee to comply with these standards; and, (c) The subcontractor agrees to allow state and federal authorized representative's access to any records pertinent to its role as a subcontractor. In accordance with Executive Order 12549, Debarment and Suspension, 7 CR Part 3017, Section 3017.50, the grantee agrees not to subcontract with any vendors debarred or suspended by the State of North Carolina and shall not knowingly enter into any lower tier covered transactions with a person or vendor who is debarred, suspended or declared ineligible. The Grantee shall not substitute key personnel assigned to the performance of this contract without prior approval by the Department's Contract Administrator. David Stanch is designated by the Grantee as key personnel for purposes of this contract. The Department designates John Poole, PARTF Grant Program Manager as the Contract Administrator for the contract. De artment Contract Administrator Grantee Contract Administrator NC Deparhnent of Environment and Natural Resources County of Orange Division of Parks and Recreation Attention: David Stanch . Attention: John Poole, Contract Administrator PO Box 8181 1615 Mail Service Center Hillsborough, NC 27278-8181 Raleigh, NC 27699-1615 Telephone: 919-245-2590 Telephone: 919-715-2662 Email: dstancil@co.orange.nc.us Email: John.Poolena ncdenr. ov The Grantee agrees to comply with all applicable federal, state and local statutory provisions governing purchasing, construction, land acquisition, fiscal management and the environment including but not limited to the following: North Carolina Archives and History Act; Prime Agricultural and Forest Lands (N.C. Executive Order #96); North Carolina Executive Order #16; Local Government Bud et and Fiscal Control Act (G.S. 159); Formal Contracts, Informal Contracts and Purchasing (G.S. 44A-26, G.S. 58-31 to 58-40, G.S. 87-15, G.S. 133-1.1, G.S. 133-3, G.S. 133 Article 3, G.S. 136-28.4, G.S. 143 Article 3D, G.S. 143- 48, and G.S. 143-128 to 143-135; Conflict of Interest (G.S. 14-234); Americans With Disabilities Act of 1990 (P.L. 101-336); N.C. State Building Code; and the North Carolina Environmental Policy Act (G.S. 113A-1 to G.S. 113A-12), Sales Tax Refund (G.S. 105-164.14), and OMB Circular A-87 Cost Principles for Local, State, and Indian Tribal governments. The Grantee agrees it provides adrug-free workplace in accordance to the requirements of the Drug- Free Workplace Act of 1988, CFR Part 3017.60D. The Grantee agrees to permit periodic audits and site inspections by the Department to ensure work progress in accordance with the approved project, including aclose-out inspection upon project completion. After project completion, the Grantee agrees to conduct grant contract compliance inspections at least once every five (5) years and to submit a Department provided inspection report to the Department. 3 Contract Number 264x' The Grantee agrees land acquired with PARTF assistance shall be dedicated in perpetuity as a recreation site for the use and benefit of the public, the dedication will be recorded in the deed of said property and the property may not be converted to other than public recreation use without approval of the Department. The Grantee agrees to maintain and manage PARTF assisted development/ renovation projects for public recreation use for a minimum period of twenty-five (25) years after project completion. The Grantee agrees to operate and maintain the project site so as to appear attractive and inviting to the public, kept in reasonably safe repair and condition, and open for public use at reasonable hours and tiuzes of the year, accoxding to the type of facility and area. The Grantee shall agree to place utility lines developed with PA R.TF assistance underground. If the project site is rendered unusable for any reason whatsoever, the Grantee agrees to immediately notify the Department of said conditions and to make repairs, at its own expense, in order to restore use and enjoyment of the project by the public. The Grantee agrees not to discriminate against any person on the basis of race, sex, color, national origin, age, residency or ability in the use of any property or facility acquired or developed pursuant to this agreement. .~ The Grantee certifies that it: (a) Has neither used nor will use any appropriated funds for payment to~iobbyists; (b) Will disclose the name, address, payment details, and purposes of any agreement with lobbyists whom Grantee or.its sub-tier contractor(s) or sub-grantee(s) will pay with profits or non-appropriated funds on or after December 22, 1989; and, (c) Wi11 file quarterly updates about the use of lobbyists if material changes occur in their use. Project Termination and Applicant Eligibility The Grantee may unilaterally xescind this agreement at anytime prior to the expenditure of funds on the project desczibed in this contract. If through any cause, the Grantee fails to fulfill in a timely and proper manner the obligations under this contract, the Department shall thereupon have the right to termunate this contract by giving written .notice to the Grantee of such termination and specifying the reasons thereof. In that event, the Grantee shall be entitled to receive just and equitable compensation for any satisfactory work completed in an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Grantee covered by this contract. Failure by the Grantee to comply with the provisions and conditions set forth in the formal. application, PARTF administrative rules and this agreement shall result in the Department declaring the Grantee ineligible for further participation in PARTF, in addition to any other remedies provided. by law, until such time as compliance has been obtained to the satisfaction of the Department. 4 Contract Number 2641 In witness whereof, the Department and the Grantee have executed the Agreement in duplicate originals, one of which is retained by each of the parties. COUNTY OF ORANGE ~~~ Name of Grantee (Local Government) Si nature of Grantee ~lrtef Elected Official) T ed or Printed Name of Official Title of Official (Notary Public Completes) State of North Carolina County of ~~'~~ +~ On this ,~ day of ~C~IJ~' 2009, U _Gt lC~r'/' ~ ~• `"OC~SLjc°L°~ personally appeared before me the said named V L's / et"`~ p • ~Gf,s ~~~ , to me known and known to me to be the person described in and who executed the foregoing instrument, and he (or she) acknowledged that he (or she) executed the same and being duly sworn by me, made oath that the statements in the foregoing instrument are true. My commission expires ~ - ~ , 20 / .3 (Seal He e~~~~~1>*L#C ~~~ ~~ - -~oi3 Si ature of Notary Public North Carolina Department of Environment and Natural Resources Dee Freeman, Secretary By. Director, Division of Purchase and Services Department Head or Authorized Agent Title for Secretary Freeman 5 Attachment A General Terms and Conditions Governmental Entities DEFXNITIONS Unless indicated otherwise from the context, the following terms shall have the following meanings in this Contract. All defini#ions are from 9 NCAC 3M.0102 unless otherwise noted. if the rule or statute that is the source of the definition is changed by the adopting authority, the change shall be incorporated herein. (1) "Agency" (as used in the context of the definitions below) means and includes every public office, public officer or official (State or local, elected or appointed), institution, board, commission, bureau, council, department, authority or other unit of government of the State or of any county, unit, special district or other political sub- agency of government. For other purposes in this Contract, "A,gency" means the entity identified as one of the parties hereto. (2) "Audit" rgeans an examination of records or financial accounts to verify their accuracy. (3) "Certifr:.ation of Compliance" means a report rovided by the Agency to the Office of the C 1 antee has met t e lisped by this Subch luded a ement of certif catio and co ies of the (4) "Compliance Supplement" refers to the North Carolina State Compliance Supplement, maintained by the State and Loca] Government Finance Agency within the North Carolina )7epartment of State Treasurer that has been developed in cooperation with agencies to assist the local auditor in identifying program compliance requirements and audit procedures for. testing those requirements. (5} "Contract" means a legal instrument that is used to reflect a relationship between the agency, grantee, and sub-grantee. {b} "Fiscal Year" means the annual operating year of the non-State entity. {7) "Financial Assistance" means assistance that non-State entities receive or administer in the forxn of grants, loans, loan guarantees, property (including donated surplus property), cooperative agreements, ~ interest subsidies, insurance, food commodities, direct appropriations, and other assistance. Financial assistance does not include amounts received as reimbursement for services rendered to individuals for Medicare and Medicaid patient services. (8) "Financial Statement" means a report providing ~ financial statistics relative to a given part of an organization's operations or status. (9) "Grant" means financial assistance provided by an agency, grantee, orsub-grantee to carry out activities whereby the grantor anticipates na programmatic involvement with the grantee or sub-grantee during the performance ofthe grant. (i0) ''Grantee" has the meaning in G.S. 143- 6.2(b): a non-State entity that receives a grant of State funds from a State agency, department, or institution but does not include any non-State entity subject to the audit and other reporting requirements of the Local Government Commission. For other purposes in this Contract, "Grantee" shall mean the entity identified as one of the parties hereto. For purposes of this contract, Grantee also includes other State agencies such as universities. (11) "Grantor" means an entity that provides resources, generally financial, to another entity in order to achieve a specified goal or obj ective. (12) "Non-State Entity" has the meaning in , N.C.G.S. 143-6.2(a)(1): A firm, corporation, partnership, association, county, unit of Local government, public authority, or any other person, organization, group, or governmental entity that is not a State agency, department, or institution. (13} "Public Authority" has the meaning in N.C.G.S. 143-6.2(a)(3): A municipal corporation that is not a unit of Iocal government or a Iocal governmental authority, board, commission, council, or agency that. (i) is not a municipal corporation and (ii) operates on an area, regional, ar multiunit basis, and the budgeting and accounting systems of which are not fully a Attachment A part of the budgeting and accounting systems of a unit of local government. (14) "Single Audit" means an audit that includes an examination of an organization's financial statements, internal controls, and compliance with the requirements of Federal or State awards. (15) "Special Appropriation" means a legislative act authorizing the expenditure of a designated amount of public funds for a specific purpose. (16) "State Funds" means any funds appropriated by the North Carolina General Assembly or collected by the State of North Carolina. State funds include federal financial assistance received by the State and transferred or disbursed to non-State entities. Both Federal and State funds maintain their identity as they are sub-granted to other organizations. Pursuant to N.C.G.S. 143- 6.2(b), the terms "State grant funds" and "State grants" do not include any payment made by the Medicaid program, the Teachers' and State Employees' Comprehensive Major Medical Plan, or other similar medical programs. (17) "Sub-grantee" has the meaning in G.S. 143- 6.2(b): anon-State entity that receives a grant of State funds from a grantee or from another sub-grantee but does not include any non-State entity subject to the audit and other reporting requirements of the Local Government Commission. (18) "Unit of Local Government has the meaning in G.S. 143-6.2(a)(2): A municipal corporation that has the power to levy taxes, including a consolidated city-county as defined by G.S. 160B-2(1), and all boards, agencies, commissions, authorities, and institutions thereof that are not municipal corporations. Relationships of the Parties Independent Contractor: The Grantee is and shall be deemed to be an independent contractor in the performance of this Contract and as such shall be wholly responsible for the work to be performed and for the supervision of its employees. The Grantee represents that it has, or shall secure at its own expense, all personnel required in performing the services under this agreement. Such employees shall not be employees of, or have any individual contractual relationship with, the Agency. Subcontracting: To subcontract work to be performed under this contract which involves the specialized skill or expertise of the Grantee or his employees, the Grantee first obtains prior approval of the Agency Contract Administrator. In the event the Grantee subcontracts for any or all of the services or activities covered by this contract: (a) the Grantee is not relieved of any of the duties and responsibilities provided in this contract; (b) the subcontractor agrees to abide by the standards contained herein or to provide such information as to allow the Grantee to comply with these standards, and; {c) the subcontractor agrees to allow state and federal authorized representatives access to any records pertinent to its role as a subcontractor. Sub-grantees: The Grantee has the responsibility to ensure that all sub-grantees, if any, provide all information necessary to permit the Grantee to comply with the standards set forth in this Contract. Assignment: The Grantee may not assign the Grantee's obligations or the Grantee's right to receive payment hereunder. However, upon Grantee's written request approved by the issuing purchasing authority, the Agency may: (a) Forward the Grantee's payment check(s) directly to any person or entity designated by the Grantee, or (b) Include any person or entity designated by Grantee as a joint payee on the Grantee's payment check(s). Such approval and action does not obligate the State to anyone other than the Grantee and the Grantee remains responsible for fulfillment of all contract obligations. Beneficiaries: Except as herein specifically provided otherwise, this Contract insures to the benefit of and is binding upon the parties hereto and their respective successors. It is expressly understood and agreed that the enforcement of the terms and conditions of this Contract, and all rights of action relating to such enforcement, are strictly reserved to the Agency and the named Grantee. Nothing contained in this document shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the Agency and Grantee that any third person receiving services or benefits under this Contract is an incidental beneficiary only. Attachrxient .A Indemnity Indemnification: In the event of a claim against either party by a third party arising out of this contract, the .party whose actions gave rise to the claim is responsible for the defense of the claim and any resulting liability, provided that a party may not waive the other party's sovereign immunity or similar defenses. The parties agree to consult with each other over the appropriate handling of a claim and, in the event they cannot agree, to consult with the Office of the Attorney General. withhold payment to the Grantee for the purpose of set off until such time as the exact amount of damages due the Agency from such breach can be determined. Waiver of Default: Waiver by the Agency of any default or breach in compliance with the terms of this Contract by the Grantee is not a waiver of any subsequent default or breach and is not a modification of the terms of this Contract unless stated to be such in writing, signed by an authorized representative of the Agency and the Grantee and attached to the contract. Default and Termination Termination by Mutual Consent: Either party may terminate this agreement upon thirty (30) days notice in writing from the other party. In that event, all finished or unfinished documents and other materials, at the option of the Agency, be submitted to the Agency, if the contract is terminated as provided herein, the Grantee is paid in an amount which bears the same ratio to the total compensation as ~ the services actually :performed bear to the total services of the Grantee covered by this agreement; for costs of work performed by subcontractors for the Grantee provided that such subcontracts have been approved as provided herein; or for each full day of services performed where compensation is based on each full day of services performed, less payment of compensation previously made. The Grantee repays to the Agency any compensation the Grantee has received which is in excess of the payment to which he is entitled herein. Termination for Cause: lf, through any cause, the Grantee fails to fulfill in timely and proper manner the obligations under this agreement, the Agency thereupon has the right #o terminate this contract by giving written notice to the Grantee of such termination and specifying the reason thereof and ahe effective -date thereof. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by 'the Grantee , at the option of the Agency, be submitted to the Agency, and the . Grantee is entitled to receive just and equitable °compensation for any satisfactory work completed on such documents and other materials. The Grantee is not relieved of liability to the Agency for damages sustained by the Agency by virtue of any breach of this agreement, and the Agency may Availability of Funds: The parties to this Contract agree and understand that the payment of the sums specified in this Contract is dependent and contingent upon and .subject to the appropriation, allocation, and availability of funds for Chis purpose to the Agency. Force Majeure: Neither party is in default of its obligations hereunder if and it is prevented from performing such obligations by any act of war, hostile foreign action, nuclear explosion, riot, strikes, civil insurrection, earthquake, hurricane, tornado, or other catastrophic natural event or act of God. Survival of Promises: All promises, requirements, terms, conditions, provisions, representations, -guarantees, and warranties contained herein shall survive the contract expiration or termination date unless specifically provided otherwise herein, ~or unless superseded. by applicable federal or State statutes of limitation. Intellectual Property Rights Copyrights and Ownership of Deliverables: Any and all copyrights resulting from work under this agreement shall belong to the Grantee. The Grantee hereby grants to the North Carolina Department of Environment and Natural Resources a royalty-free, non-exclusive, paid-up license to use, publish and distribute results of work under this agreement far North Carolina State Government purposes only. Compliance wi#h Applicable Laws Compliance with Laws: The Grantee understands and agrees that is subject to compliance with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the conduct of its Attachment A business, including those of federal, state, and local agencies having jurisdiction and/or authority. Equal Employment Opportunity: The Grantee understands and agrees that it is subject to compliance with all federal and State laws relating to equal employment opportunity. Time Records: The GRANTEE will maintain records of the time and effort of each employee receiving compensation from this contract, in accordance with the appropriate OMB circular. Miscellaneous Confidentiality Confidentiality: As authorized by law, the Grantee keeps confidential any information, data, instruments, documents, studies or reports given to or prepared or assembled by the Grantee under this agreement and does not divulge or make them available to any individual or organization without the prior written approval of the Agency. The Grantee acknowledges that in receiving, storing, processing or otherwise dealing with any confidential information it will safeguard and not further disclose the information except as otherwise provided in this Contract or without the prior written approval of the Agency. Oversight Access to Persons and Records: The State Auditor has access to persons and records as a result of all contracts or grants entered into by State agencies or political subdivisions in accordance with N.C.G.S 147-64.7. Additionally, as the State funding authority, the Agency has access to persons and records as a result of all contracts or grants entered into by State agencies or political subdivisions. Record Retention: The Grantee may not destroy, purge or dispose of records without the express written consent of the Agency. State basic records retention policy requires all grant records to be retained for a minimum of five years or until all audit exceptions have been resolved, whichever is longer. If the contract is subject to Federal policy and regulations, record retention may be longer than five years since records must be retained for a period of three years following submission of the final Federal Financial Status Report, if applicable, or three years following the submission of a revised final Federal Financial Status Report. Also, if any litigation, claim, negotiation, audit, disallowance action, or other action involving this Contract has started before expiration of the five-year retention period described above, the records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular five-year period described above, whichever is later. Choice of Law: The validity of this Contract and any of its terms or provisions, as well as the rights and duties of the parties to this Contract, are governed by the laws of North Carolina. The Grantee, by signing this Contract, agrees and submits, solely for matters concerning this Contract, to the exclusive jurisdiction of the courts of North Carolina and agrees, solely for such purpose, that the exclusive venue for any legal proceedings shall be Wake County, North Carolina. The place of this Contract and all transactions and agreements relating to it, and their situs and forum, shall be Wake County, North Carolina, where all matters, whether sounding- in contract or tort, relating to the validity, construction, interpretation, and enforcement shall be determined. Amendment: This Contract may not be amended orally or by performance. Any amendment must be made in written form and executed by duly authorized representatives o~ the Agency and the Grantee. Severability: In the event that a court of competent jurisdiction holds that a provision or requirement of this Contract violates any applicable law, each such provision or requirement shall continue to be enforced to the extent it is not in violation of law or is not otherwise unenforceable and all other provisions and requirements of this Contract shall remain in full force and effect. Headings: The Section and Paragraph headings in these General Terms and Conditions are not material parts of the agreement and should not be used to construe the meaning thereof. Time of the Essence: Time is of the essence in the performance of this Contract. Care of Property: The Grantee agrees that it is be responsible for the proper custody and care of any State owned property furnished him for use in connection with the performance of his contract and will reimburse the State for its loss or damage. Attachment A Ownership of equipment purchased under this contract rests with the Agency. Upon approval of the Agency Contract Administrator, such equipment may be retained by the Grantee for the time the Grantee continues to provide services begun under this contract. Travel Expenses: All travel, lodging, and subsistence costs are included in the contract total and no additional payments will be made in excess of the contract amount indicated in above. Contractor must adhere to the travel, lodging and subsistence rates established in the Budget Manual for the State of North Carolina. updates about the use of lobbyists if material changes occur in their use. SalesJLTse Tax Refunds: if eligible, the Grantee and alI sub-grantees shall: (a) ask the North Carolina Department of Revenue for a refund of all sales and use taxes paid by them in the performance of this Contract, pursuant to G.S. 105-164.14; and (b) exclude all refundable sales and use taxes from all reportable expenditures before the expenses are entered in their reimbursement reports. Advertising: The Grantee may not use the award of tb;is Contract as a part of any news release or commercial advertising. Recycled Paper: The Grantee ensures that all publications produced as a result of this contract aFe printed double-sided on recycled paper. Sovereign Immunity: The Agency does not waive its sovereign immunity by entering into this contract and fully retains all immunities and defenses provided by law with respect to any action based on this contract. Gratuities, Kickbacks or Contingency Fee(s): The parties certify and warrant that no gratuities, . kickbacks or contingency fee(s) are paid in .connection with this contract, nor are any fees, commissions, gifts or other considerations made contingent upon the award of this contract. Lobbying: The Grantee certifies that it (a) has neither used nor will use any appropriated funds . for payments to lobbyist; (b) will disclose the name, address, payment details, and purpose of any agreement with lobbyists whom the Grantee or its sub-tier contractor(s) or sub-grantee(s) will pay with profits or non-appropriated funds on or after December Z2, 1989; and (c) will file quarterly Attachment B Scope of Work North Carolina Division of Parks and Recreation Parks and Recreation Trust Fund -Grants Program for Local Governments Grantee: County of Orange Title of Project: Fairview Park Development Phase I Project Number: 2009 - 603 Contract Number: 002641 Amount of Grant: $ 500,000.00 Amount of Match: $ 713,500.00 Contact Person for Project: David Stancil Title: Environment & Resource Conservation Dir County of Orange Address: PO Box 8181 Hillsborough, NC 27278-8181 Telephone: 919-245-2590 Contact email address: dstancil@co.orange.nc.us Scope of Proiect: Development including picnic shelter, playground, paved walking path, ballfield, basketball courts (2), parking area, signs, trail, horseshoe courts, (2) volleyball court, site preparation, planning / constuction related costs, and contingency. Length of Project: 36 months (11/1/2009- 10/31/2012) Schedule for Reimbursements: Grantee may submit bills quarterly after a significant portion of work has been completed on the project element(s). Not more than 90% of the grant will be reimbursed until the grantee completes the project elements specified in the grant (refer to detailed budget submitted with grant application). The County of Orange grant application and support documentation are, by reference, part of the contract. The administrative rules of the N.C. Parks and Recreation Trust Fund are, by reference, a part of the contract. FORM OF PERFORMANCE BOND B 1072371 l3~nd# Date of Contract: September 17, 2009 Date of Execution: September 17, 2009 Name of Principal McQueen Construction, Inc. (Contractor) Selective Insurance Company of America Name of Surety: Orange County, NC Name of Contracting Body: Amount of Bond • Nine Hundred Eighty-Six Thousand and 00/100 Dollars ($986,000.00 Orange County, Fairview Community Park Project KNOW ALL MEN BY THESE PRESENTS, that we, the principal and surety above named, are held and firmly bound unto the above named contracting body, hereinafter called the contracting body, in the penal sum of the amount stated above for the payment of which sum well and truly to be made, we bind, ourselves, our heirs, executors, administrators, and successors, jointly and severalty, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal entered into a certain contract with the contracting body, identified as shown above and hereto attached: NOW, THEREFORE, if the principal shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of said contract during the original term of said contract and any extensions thereof that may be granted by the contracting body, with or without notice to the surety, and during the life of any guaranty required under the contract, and shall also welt 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. IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals on the date indicated above, the name and corporate seal of each corporate party being hereto affixed and these presents duty signed by its undersigned representative, pursuant to authority of its governing body. Executed in four counterparts. Witness: (Proprietorship or Partnership) Attest: (Corporation) Title : Susan McQueen, Corporate Secretary (Corp. Sec. or Asst. Sec.. only) (Corporate Seal) {pwner, Partner, or Corp. Pres. or Vice Pres. only> Selective Insurance Company of America Wi Rose Magee (Surety Company) By: Title: Windy Lebbad (Attorney in Fact) Countersigned Erica Joyce+f L ~ : _, ~ i ~ ~~ ~ ~------ (N.C. Licensed Reside Ag nt) Senn Dunn Tnsu 4505 Falls of Neuse Rd., Suite 650 Raleigh, NC 27609 Name and Address-Surety Agency Selective Insurance Company of America 3420 Toringdon Way, Suite 300 McQuee Construction, Inc. Contr tor: (Trade or Corporate Name ) By: _ .~.. Title: H .McQueen, President (Surety Corporate Seal) Charlotte, NC 28277 Surety Company Name and N.C. Regional or Branch Offrce Address FORM OF PAYMENT BOND B°nd#B 10723/1 Date Of Contract: September 17, 209 Date of Execution: Name of Principal (Contractor) Name of Surety: Name of Contracting Body Amount of Bond Project September 17, 2~C8 McQueen Construction, Inc. Selective Insurance Company of America Orange County, NG Nine Hundred Eighty-5x Thousand and OCYIOODollars ($9~GOOQO~ Orange County, Fairview Community Park KNOW ALL MEN BY THESE PRESENTS, that we, the principal and surety above named, are held and firmly bound unto the above named contracting body, hereinafter called the contracting body, in the penal sum ofi the amount stated above for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION 1S SUCH, that whereas the principal entered into a certain contract with the contracting body identified as shown above and hereto attached: NOW, THEREFORE, if the principal shall promptly make payment to all persons supplying labor/material in the prosecution of fihe 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. IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals on the date 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. Executed in four counterparts . Witness (Proprietorship or Partnership} Attest: (Corporation) By: ~ G~~ ~(C~GI~ Title• Susan McQueen, Corporate Secretary (Corp. Sec. or Asst. Sec.. only) (Corporate Seal) Wit Rose Magee ersigned ~~ ~ ~J ., Erica byce (N.C. Licensed Resident Agent} Senn Dunn Insurance 4505 Fa11s of Neuse Rd.,.Suite 650 Raleigh, NC 27609 McQ een Construction. Inc. Con ctor: (Trade or Corporate acne) B Ha .McQueen, Presdent Titie (Owner, Partner, or Corp. Pres. or Vice Pres. only) Selective Insurance Company of ,America (Surety Company) By. ~ - Title: Windy Lebbad (Attorney in Fact) {Surety Corporate Seai} Name and Address-Surety Agency selective Insurance Company of America 3420 Toringdon Way, Suite 300 Charlotte, NC 28277 Surety Company !Name and N.C. Regional or Branch Office Address Selective Insurance Company of America 40 Wantage Avenue Branchville, New Jersey 07890 BondNo.B 1072371 973-948-3000 POWER OF ATTORNEY Class B Performance Bond SELECTIVE INSURANCE COMPANY OF AMERICA, a New Jersey corporation having its principal office at 40 Wantage Avenue, in Branchville, State of New Jersey ("SICA"), pursuant to Article VII, Section 1 of its By-Laws, which state in pertinent part: The Chairman of the Board, President, Chief Executive Officer, any Executive Vice President, any Senior Vice President or any Corporate Secretary may, from time to time, appoint attorneys in fact, and agents to act for and on behalf of the Corporation and they may give such appointee such authority, as his/her certificate of authority may prescribe, to sign with the Corporation's name and seal with the Corporation's seal, bonds, recognizances, contracts of indemnity and other writings obligatory in the nature of a bond, recognizance or conditional undertaking, and any of said Officers may, at any time, remove any such appointee and revoke the power and authority given him/her. a O Q w W U does hereby appoint Windy Lebbad its true and lawful attorney(s)-in-fact, full authority to execute on SICA's behalf fidelity and surety bonds or undertakings and other documents of a similar character issued by SICA in the course of its business, and to bind SICA thereby as fully as if such instruments had been duly executed by SICA's regulazly elected officers at its principal office, in amounts or penalties not exceeding the sum of: Nine Hundred Eighty Six Thousand Dollars ($986,000.00) Signed this 17th day of September 2009 ~'"~~,A ~~ SELECTI SUR.A E C ' SEAL By: n nio C. Albanese fr+ ~~, Its. enior Vice Presid t ~ d~Q STATE OF NEW JERSEY : ~~- :ss. Branchville COUNTY OF SUSSEX On this 17th day of September 2009 ,before me, the undersigned officer, personally ~}~AaF~~~ Antonio C. Albanese, who acknowledged himself to be the Senior Vice President of SICA, and that he, as~s+~p~tdNfii},eP+. ~~` •• •. President, being authorized so to do, executed the foregoing instrumen the purposes therein contain s h c.S' name of the corporation by himself as Senior Vice President and that was his free act and deedand tr~'e ae'4' '- and deed of SICA. 5iJ5At~i NEYEi~1S - .- ~ __ t~7TAfY la{JBI,iC OF NEW JERSEY o blic ~ '$o'~oB.1B..,~Q07~37~ MY COI~if;;SlOl~i ~ICBIBES 11212t3I~ '> ~" The power of attorney is signed and sealed by facsimile under and by the authority df'the following R the Board of Directors of SICA at a meeting duly called and held on the 6th of February 1987, to wit: "R.ESOLVED, the Board of Directors of Selective Insurance Company of America authorizes and approves the use of a facsimile corporate seal, facsimile signatures of corporate officers and notazial acknowledgements thereof on powers of attorney for the execution of bonds, recognizances, contracts of indemnity and other writing obligatory in the nature of a bond, recognizance or conditional undertaking." ~;;,-~.,~ CERTIFICATION I do hereby certify as SICA's Corporate Secretary that the foregoing extract of SICA's By-L sgg utS'ii 11 in force and effect and this Power of Attorney issued pursuant to and in accordance with the By s is ~tli~" + .-'. _ 1926 ~ r Signed this 17th day of September 2009 H. Lanza, SICA s9i boa-o~) ~~ CERTIFICATE OF LIABILITY INSURANCE OP ID wr, DATE (MM/DD/YYYY) MCQUE-1 11 03 09 PRODUCER 1 ERTI AT LIED A R N R TI Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE Senn Dunn - Raleigh St 650 4505 Falls of Neuse Rd ONL HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW , Raleigh NC 27609-2521 Phone: 919-719-9570 Fax: 919-719-9571 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Selective Eae Co of S Carolina 19259 INSURER e: Stonewood Insurance Co. 11828 McQueen Construction Inc, Co. een M H INSURER C: arvey cqu 619 Patrick Road INSURER D: Bahama NC 27503 INSURER E: C`f)VFRAC~F_S THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W ITH RESPECT TO W RICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DA ECMM/DFl) C~ DATE MMlOD~ LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1, 0 0 0, 0 0 0 A X X COMMERCIAL GENERAL LIABILITY $17$5111 01/24/09 01/24/10 PREMISES (Eaoccurence) $ 100,000 CLAIMS MADE ~ OCCUR ~ MED EXP (Any one person) $ 10 , 0 0 0 PERSONAL&ADViNJURY $ 1, 000, 000 X Per Prj/Loc agg GENERAL AGGREGATE $ 3, 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 3 , O O O , O O O POLICY jE a LOC AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT 000 000 $ 1 A X ANY AUTO S1785111 01/24/09 01/24/10 (Ea accident) , , ALL OW NED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) A X HIRED AUTOS 51785111 01/24/09 01/24/10 gODILYINJURY $ A X NON-OWNED AUTOS 51785111 01/24/09 01/24/10 (per accident) A X $250DED COMP 51785111 01/24/09 01/24/10 pROPERTYDAMAGE $ A X $500DED LOLL S1785111 01/24/09 01/24/10 (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS /UMBRELLA LU\BILITY EACH OCCURRENCE $ 5, 0 0 0, 0 0 0 A OCCUR ~ CLAIMSMADE 517$5111 01/24/09 01/24/10 AGGREGATE $ 5, 000, 000 DEDUCTIBLE $ X RETENTION $ 1 0 0 0 O $ WORKERS COMPENSATION ' X TORY LIMITS ER $ LIABILITY AND EMPLOYERS ANY PROPRIETOR/PARTNERIEXECUTIVE~ WC10000053732009A 01/24/09 01/24/10 E.L. EACH ACCIDENT $ 1, 000, 000 OFFICER/MEMBER EXCLUDED9 ~.j (Mandatory in NH) E.L. DISEASE-EA EMPLOYE $1,000,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE-POLICYLIMR $1,000,000 A A OTHER InlandMarine-Equip Builder's Risk 51785111 33972100 LIMIT: $809,000 01/24/09 09/01/09 01/24/10 09/01/10 Per Item $75,000 Ded $500 DESCRIPTION OF OPERATIONS /LOCATIONS (VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Orange County is additional insured in the general liability policy when required by contract with respects the this project only: Project #0716, Fairview Community Park, 195 Torairi Street, Hillsborough, NC (_FRTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION O~NG+_ 8 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ATIVES. REPRESE N T Orange COUnty ~ 129 8. King Street `J~ 1~ a ~ _ !_ ~ _~ , illsborou h NC 27278 V ~ y I (,Jl:~t '¢•~ ACORD 25 (2009/01) The ACORD name and logo are registered marks of ACORD _ .___ ____ -___.__ __.~PORATION. All rights reserved. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. POLICY CHANGES POLICY NUMBER: s i7asiii COMMERCIAL POLICY THIS ENDORSEMENT CHANGES THE POL[CY. PLEASE READ 1T CAREFULLY. Goverage Part Affected: COMMERCIAL POLICY CHANGES The above coverage part is hereby amended as follows: NOTICE OF CANCELLATION AND REDUCTION IN AMOUNT OF COVERAGE SHALL BE MAILED TO THE NAMED INSURED LISTED ON THE POLICY AND ORANGE COUNTY, 129 E. KING ST, HILL SBROUGH, NC 27278, PROJECT: FAIRVIEW COMMONITY PARR, 195 TORAIN ST., HILLSBORO UGH, NC 27276 WITH 30 DAXS NOTICE EXCEPT FOR NON PAYMENT OF PREMIUM. NON FAYME NT OF PREMIUM NOTICE WILL BE 10 DAYS. THIS LANGUAGE OVERRIDES PREPRINTED LANG UAGE ON THIS DOCUMENT. IL 79 00 08 94 INSIIRSD'8 COPY