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HomeMy WebLinkAbout2009-104 AMPS - McQueen Construction, Inc. for Twin Creeks Park-Greenway Construction, Phase 1~~ r ~a-d7-o 9 y This Contract is between Orange County and ~(t(~~C;~ ~,Z,~,~ ("Contractor"), dated ~2-17-C.~3 for construction services related to the Twin Creeks District Park-Greenway. By signing this document Contractor agrees to be bound by all of the terms and specifications of the Contract Documents as defined in bold print below. IN ITNESS WI~REOF, a Parties hereto have caused this C r be exec din tl3eir respective names. ~-~, Cont cto Valerie Foushee, Chair-Orange County Board of Commissioners YC .~ z~ Printed me and Title Attest- ~- Da a ~~~~~~ ~~ ~~F ~ ~~~~ ~~; .t ~ ' ~~~~ ; `~ i' S ~ ~} ~' ~~r~4 ~ti~'`~ry~v _~. I have reviewed the attached Contract Documents and understand that the State of North Caroliria~requires this Contract conform to its contracting and specifications requirements and that as such a traditional contract may not be utilized. Therefore, solely as to the attached Contract Documents consisting of the bid solicitation, proposal, Project Manual dated October 22, 2009, drawings dated October 22, 2009, including sheets TC- 0.0, TC-1.1, TC-2.1, TC-2.2, TC-2.3, TC-2.4, TC-3.1, TC-3.2, TC-3.3, TC-4.1, TC-4.2, TC-8.1, TC-8.2, TC- 8.3, and TC-8.4, NCDOT Standard Specifications for Roads and Structures (July 2006 edition), non- collusion affidavit, debarment certification, and attached Notice To Proceed. The Contract Documents are approved as to form and legal sufficiency. /o, my Attorney This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Finance Director roved as to Technical Content ~~ ~ Depar nt D' ctor Section to be completed by the North Carolina Department of Transportation This bid has been reviewed in accordance with Article 103-1 of the Standard Specifications for Roads and Structures dated July 1, 2006. Reviewed by: Date: ORANGE COUNTY {NSTRUCTIONS TO BfDDERS FOR TWIN CREEKS GREENWAY FOR _ ORANGE COUNTY, NC 1. It is intended that the successful bidder shall furnish all tools, equipment, machinery, apparatus, labor and materials necessary to complete ail work required under the terms of such contract(s) as may be entered into. 2. Sealed proposals wilt be received by Pamela K. Jones, Director of Asset Management and Purchasing Services, at'129.E. King Street, Hillsborough, NC, 27278 until 3:00 p.m. on November 19, 2009, for the furnishing of labor, materials, equipment, and services for construction of the Project. 3. No proposal shaft be considered or accepted by Orange County unless, at the time of its filing, the proposal shall be accompanied by a deposit with Orange County of cash, a cashier's check or a certified check on a bank or trust company insured by the Federal Deposit Insurance Corporation in an amount equal to but not less than five percent {5%) of the proposal. In lieu of making the cash deposit, as provided above, bidders may file a Bid Bond executed by a corporate surety licensed under the laws of North Carolina to execute the contract in accordance with the bid bond. This deposit shall be retained by Orange County if the successful bidder fails to execute the contract within ten (10} days after the award or fails to give satisfactory surety as required. 4. Compete sets of plans, specfcations, and related design documents may be purcthased by payment of a refundable charge of $100 (One hundred dollars} per complete set of design documents. Plans, specifications, and related documents will be available at the office of Coulter Jewett Thames, PA, 119 West Main Street, Dufiam, NC, 27701_ 5. A Pre-Bid Conference will be held on November 10, 2009 at 2:00 p.m. at the Orange County Solid Waste Operations Center mufti-purpose room, 1207 Eubanks Road, Chapel Hilt, NC 2751fi. All Contractors who will submit a bid to the Owner are urged to attend. Failure to attend wilt not constitute grounds for a misunderstanding or mistake regarding the bidding documents. 6. .Performance and Payment Bonds, issued in accordance with Article 3 of Chapter 44A of the General Statutes, each having a penal sum in the full arrmunt of the contract sum, wilt be required on such contrat~(s) as may be awarded. 7. The successful bidder will be required to commence work immediately after the project is available. The date of project availability wilt be established by the Notice to Proceed which will be issued by the County. 8. Bidders attention is ratted to the contract time limit allowed th complete the wait specified. The contract time will begin on the date of project availability. The date of project availability will be established by the Notice to Proceed. The contracK time limit will be 190 calendar days from the date of project availability. 9. The quantities listed in the specifications are estimates only, set forth for the information of prospective bidders and for the purpose of bid comparison. Bidders must investigate and satisfy themselves as to the general and kx~l conditions that may affect the work or ifs cost or progress, including but not limited to, (1) conditions bearing upon transportation, disposal, handling, and storage of materials; {2) the availability of Igor, water, electric power, and roads; (3) uncertainties of weather, river stages, water tables or similar physical conditions at the site; (4) the conformation and conditions of the ground; and (5) the character of equipment and facilities needed preliminary to and during work performance; (6} site accessibility and temporary bridging of Jones Creek; ark (7} the requirements and schedules of local utilities. 10. Plans furnished with the specifications, showing location of proposed work, are presented for the purpose of bid compariswr. Specifx; work IKnits at any location shall be determined in the field by the Owner. 11. Bidders in doubt as m the true meaning of any part of the instructions, specifications, ske6ches or other documents furnished herewith, may submit to the designer, Coulter Jewell Thames, PA, a written request for an interpretation thereof. Persons submitting such a request wiEl be responsible far its prompt delivery to 2 i2/21l99 EXECUT#ON OF BID, NONCOLLUS#ON AFF#DAY#T AND DEBARMENT CERTIF#CAT#ON The person executing the bid, on behalf of ttte Bidder, being duly sworn, solemnly swears (or affirms) that neither he, nor any offrcial, agent or empbyee of the bidder has entered into any agreement, participated in any coilusian, or otherwise taken any action which is in restraint of free competitive bidding in connection with this bid, and that the Bidder intends to do the work with its own banafide empbyees or subcontractors and is not bidding for the benefit of another contractor. In addition, execution of this bid in the proper manner also constitutes the Bklder's certification of "States° under penalty of perjury under the laws of the United States in accordance with the Debarment Certifx;ation included elsewhere in the proposal form, provided that the Debarment Certification also includes any required statements concerning exceptions that are applicable. SIGNATURE OF CONTRACTOR (!f a corporation uses this sheet) (Print full name of ueie[e -nappropnate tme Print Sufner's Name l.J~eltste inappropriate title - ~a~ v mss' G• tit ~ u,~-,~+~ Print Signer's Name CORPORATE SEAL NOTE -AFFIDAVIT MUST BE NOTARIZED Sub//scribed and sworn to before me this the V day of ~tl'VG, 20~. C (Si^gnaty~~F rotary Public) of t~rhQ./~' County. State of ~ ~- My Commission Expires: cjtt,/tp ~~~Ol 3 Signature sheet i (Bid) - Corporati~ 55 3l~L. ~,~•, . p. ~' r ~ ~ U 0 •• ~ n~ ~r~~i~~d ~.....©v~\\`~~~ Orange Countv CONTRACT BID FORM Twin Creeks Greenway to Section 1 200 2 200 3 200 4 226 5 226 s 250 7 260 8 265 9 270 10 300 11 300 12 310 13 310 14 310 15 310 16 310 17 412 18 412 19 420 ZO 422 O~ipUpn Q~ Unit Unit Price Amount Bid Clearing anti Grubbing ~ tS ~ ~ • eo Suppiewnentai Gearing and 7 ZG~l • ,,,. ~ G~ - o a Grubbing ~ ~ r ~ Select Tree Removal 4 EA ~_ ~ -~ O O - °a 1 LS ~~ i7 !1 •- / t27r3 Grading ~'l Undercut Excavation ~ 1,~0 CY I ~ ! 30 o a ~.J~ Removal of Ex. Asphalt Pavement f~5 SY ~_ 2 ~p0 • a a Proof Roiling $ HR I b 0 _ g~ ' o a Select Granular Material, Class 11 or IN (Type 1) 11 CY ~ ~ - e0 ~ D ~ ' O° Fabric for Soil Stabii~ation, ~ t .Z CAD , c a Type 4 ~ ~ _ Select Materlat, Clams Il o~ ill 100 TN 2 ~ • SD • ~ o Foundation Conditioning TN 2 ~~ ~7S Material, Minor Structures. ~ 18' Reinforced Pipe Cuhrert, Gass 111 32 LF 3~ ' r-- ~ j ~ O - ° ~ 24" Reinforced Pipe Culvert, Gass 1!I ~ !.F t f g'. oo / lrj :Z - " nforoed Pipe Culvert, ~ g. ~ a 2q 4 ~ • 0 0 Class I I ~ ~ 18' Reinforced Concrete Pipe t ~~, .... Sgt. ,^. ~ End Sections ~ EA , 24' Reinforced Concrete Pipe d S d 1 EA ~©' r- ?~- .... ections (flare ) En Unclassified Structure- ,_„ 2 ~ Ga • Excavation at Station 23+04 ~ t.S ~ Unclassified Structure °O ZOG © Excavation at Station 24+16 1 L.S , Class AA Concrete Lt CY ~YS_ ~iD 2 ~~• eQ Bridge Approach Stab ? ~{ Q • 00 ~ at Station 22+88 1 LS . .t Item section 21 422 22 23 24 25 26 425, 500 520 545 654 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 800 801 848 $48 876 876 876 901 904 1264 1605 1610 16111 1615 1620 1620 1630 1660 1660 Descri tion ~ ~ Unit Price Amount Bid P Bridge Approach Slab at Station 24+18 ~ ~ Reinforcing Steel ~~ UB Fine Grading ~ ~ Aggregate ease course 300 TN incidental Stone Base `~ TN AsphaR Plant Mix. Pavement Repair ~ ~ MobNizatlon 1 ~ Construction Surveying i tS 6" Cotwxete Sidewalk 3340 Sl( 8' Concrete Sidewalk 180 SY Riprap, Class B 170 TN Riprap, Class A ~ TN Filter Fabric far Drainage 300 ~ Reinforced Endwalis 8 CY Contractor Furnished, Type E Sign ? ~ Sign Eredion; Type E _1 EA 7' U-Channel Posts 1 EA Temporary Silt Fence ~ ~ Stone for Erosion Control Cia~ss 8 30 TN Sediment Control Stone ~0 TN Temporary Mulching ~ AC Seed for Temporary Seeding 480 lB F$rtiNzer for Temporary Seedi ng ~, TN Silt Excavation ~ CY ~/4" HardWafe Cloth ~ ~ Seed~g and Matching 3~ AC Mowing 5 AC ~~~i7.~o . ~' /3~6~fo.oo 5 3 00 . a o 22 - _ _ ~6 ~, ed 22-~" /l aD-° ° ~pp ~5D" o O ~; ~, DOO " ° o (( 40C~ ~; ~ 68.4 •Qo ~$`f ~~ 7 ~' Z O 3g a~ ~Sg6- d° ~.1~ ~rlO-oC ~f 6C~ - 3 sU-° o ~ - ~© loo Z ' Zd l l f (~Ot2'-' _ c ~~-?~ ZO f D- o a ~2E~ oa -- ti gD_ ll 3 66 (}~ ~~ 7~i~ - 7~1 - fD0 ~©~ 65 Item Sectbn Description 2Y Unit Unit Price Amount BW i 16 air Seeding Re S d f ~Q t 6 (o • $D 3 Z,S. 0 0 48 6 or p ee , 49 1561 'Fertilizer for Repair Seeding ~ TN ~ Z OC7 (0 OQ ' ~"' ~ ~ .... 50 1662 Seed for Supplemental Seeding ~0 1.6 5i 1665 dressing FertilizerTo 2 TN 6~0 1360 p 52 SP Prefabricated Steel Bridge #1. 1 LS ~~ . ~ ~ . Ob 53 SP CoNapsibie BoiMrds 3 EA ~ C3'~ D• '+ 3 i* ~ ~ - .~ 54 SP Manhole Adjustment at Station 22+i9 1 LS ~~ ' 55 SP Edge Drain ~ LF ~ ~• ~D~- 56 SP Edge Drain Outlet Pipe i?`~ LF 5 ~?S' ..~ 57 SP Edge Drain Outlet Pad ~ EA ~'~'~'~ ~ Z O D "r 58 SP Open Throat Inlet at LS ~ ~~ ..~. Station 12+20 1 59 SP Approach Rails -End Bent #i i L.S ~ Jr00 60 SP Approach Rails -End Bent ~2 1 LS j 5 bD ..r 61 SP #57 Stone 2Q0 TN - ~~ ~,~ ~ 4 ~ • _... . 62 . SP Gravel Construction Etttrance 900 SY I~ _ -mac ~~ - ' ~ '~ ? . OC 63 SP Flexible Growth Medium s~ SY I. Q ~ .oa g ~ d 64 SP Tree Protection Fence ?~Q LF 2 - '~ ~ Z $ o a 65 SP Temporary inlet Protection 1 Ea 4 ao• ~" 66 SP Arch Filter . 2 EA ~ D Z ~ ~ - 67 sP Temporary Slope Drain ~ is f `f DD - -- 68 SP Temporary Diversion ~ l.F ~' ~ 50 g Q©. '-' 69 SP Temporary Bridge at 1 I.S ~~ZOQ' ~' Station Z8+60 69 SP Turf Reinforcing Mat ~ 5Y ~ 20 i Jr' 6~ TOTAL.AMOUIYT._81D ~ -, ~~ ~~ Acknowledg++ement of Receipt of Addenda: Addenda # i Date: f ©" 27' Oaf Adnowiedged By: Addenda # Date: Acknowledged By: 6fi contractor /~ ~ w~.~.. P.-ws ~rc~ ~~... Address ~o t 4 1Qa."~^~cjc Qoc-.d ~i (1a~ _ A/ . C . a ?S e 3 T Phone Number 9 t ~ `t"T ~l '~ Z6~o Fax Number 4 ! ~'t ~-f ? 4 ®~ E .3 Federal Identification Number J~(rs t a ? t 4 Z. Fj Contractors L~nse Number 36 g $ 'L. Authorized Signature r-tle Pa Es , Title ~ ~ ~ ~ t (e - D `J' .. .. - Subscribed and sworn to me this the ~~ Day of l~rtr,~6r.~ 20 U ~ `~~~ ~ 1 - N t I 1 r ! - ! ! ~ j~~i ~~~~ ~,Nf1OO ~~fii :' ~I~~~~:,yd .~~ Q_ :.~ ~~~ db10N= '. ~'b "'• •......••~ a ~~. ~~~~`',~lb3 IIC~~ ``\`~~ Of ~~u-~'ftlL+h7 County. state of ~ C-- (Signs ure of Notary Public) My Commission Expires c~~le~,~i3 THIS SECTION TO BE COMPLETED BY NORTH CAROLINA DEPARTMENT OF TRANSPORTATION This bid has tieen reviewed in acxordance with Article 103-1 of the Stanrtarct Specifications for Roads and Structures dated July 1, 2006. Reviewed by Dake 67 Affix Comorate Seal or Notarize Contract Bid Form CORPORATE SEALlNOTARY SEAL Contract Number County Rev 7-20-08 EXECUTION OF CONTRACT NON-COLLUSION AFFIDAVIT AND DEBARMENT CERTIFICATION CORPORATION The Contractor being duly sworn, solemnly swears (or affirms) that neither he, nor any official, agettt or employee has entered into any agrcett-ettt, participated in any t~llusion, ~ otherwise taken any action which is in n~trairn of free competitive bidding in connection with this Contract, and that the Contractor intends to do the worts with his own bonafide employees or subcattractors and did not bid for the benefit of another cattractor. By submitting this Faceattiat of Contracx, Nat-Collusion affidavit and Debarn~ent Certification, the Contractor is certifying his status under penalty of perjury under the laws of the United Sues in acca'dance with the Debarttterit Certification attached, provided that the Debamtent Certification also includes any required statements concerning exceptions that ate applicable. SIGNATURE OF CONTRACTOR /K 'y~l ~ ~jyV ST-2c.~G~T~d-~ G, ~ /Address as Prequali ~' Attest /~' By _ istarn Secretary reside i Presiderrt/Assistant Vice Resident ect ctppropriote -itte Select appropriote title Via'-ur4,~r ~.~ ~ ~ e~.tr~ -~tA~e~~ ~~ ~l Rirn or type Signer's na Print or type Signer's natrre CORPORATE SEAL AFFIDAVIT MUST BE NOTARIZED NOTARY SEAL Subsertbeci and sworn to before me this the day of ~P rn~u' 201._7 ``~~~ ~ ~ ~ LU C A $ ~ ~ ~ ~i~,~i ~i.. lc~~S -S~.~C ~.I,cCGc,S Signature of Notary Public ~ ~ ~~~ of, ~lc~G./1'L County :'~ ~~~ Z. .. ~~ ~~~ State of ~~ ~ ~i new- % ~ ~~ ~~,,)) 22 G ~ My Commission Expires: ~ 7 ,[~~d ~~~~~G~'HAM,,,O ~` 7! Contract Number _ Rev 7-20--08 county ~ DEBARMENT CERTIFICATION OF CONTRACTOR Conditions far certification: 1. The Contractor shall provide immediate written notice to the Department if at any time the Contractor learns that his certification was erroneous when he submitted his debarment certification or explanation that is on file with the Department, or has become erroneous because of changed circumstances. 2_ The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this provision, have the meanings set out in the Defmitians and Coverage sections of the rules implementing fixecutive Order 12549. A copy of the Federal Rules requiring this certification and detailing the definitions and coverages may ~ obtained from the Contract Officer of the Department_ 3. The Contractor agrees by submitting this form, that he will not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from part~ipation in NCDOT contracts, unless authorized by the Department. 4. For Federal Aid projects, tine Contractor further agrees that by submitting this form he will include the Federal-Aid Provision titled Required Contract Provisions Federal-Aid Construction Contract (Form FHKrA PR 1273) provided by the Department, without subsequent modification, in all bwer tier covered transactions. 5. The Contractor may rely upon a certification of a participant in a lower tier covered transaction that he is not debarred, suspended, ineligible, or voluntarily excluded from the covered transac#ion, unless he knows that the certification is erroneous. The Contractor tray decide the method and firequency by which he will determine the eligibility of his subcontractors. 6. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this provision. The knowledge and information of a participant is not required to exceed that which is norrx~lly possessed by a prudent person in the ordinary course of business dealings. 7. Except as authorized in paragraph 3 herein, the Department may terminate any contract if the Contractor knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligtble, or voluntarily excluded from participation in this transaction, in addition to other remedies available by the Federal Government. 7a Contract Number County„ ,~ DEBARMENT CERTIFICATION The Contractor certifies to the best of his knowledge and belief, that he and his principals: Rev 7-20-08 a. Are ~t presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within athree-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, thei}, forgery, bribery, falsification or destruction of records; making false statements; or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph b. of this certification; and d. Have not within athree-year period preceding this proposal had one or more public transactions (Federal, State or local) terminated for cause or default. e. If status changes, will submit a revised Debarment Certification immediately. If the Contractor cannot certify that he is rwt debarred, he shall provide an explanation with this submittal An explanation will not necessarily result in denial of participation in a contract. Faihue to submit anon-collusion affidavit and debarment certification will result in the Contractor's bid being considered non-responsive. Check here if an explanation is attached to this certification. 73 Selective Insurance Company of America 40 Wantage avenue, Bond SBU Branchville, New Jersey 07890 973-948-3000 PERFORMANCE BOND Queen Construction, Inc KNOW ALL MEN BY THESE PRESENTS, that (Here insert full name and address or legal title of Contractor) McQueen Construction, Inc. Of 619 Patrick Rd., Bahama, NC 27503 as Principal, hereinafter called Contractor, and, (Here insert full name and address of legal title of Surety) SELECTIVE INSURANCE COMPANY OF AMERICA, Wantage Avenue, Branchville, NJ 07890 as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) Orange County, PO Box 8181, Hillsborough, NC 27278 as Obligee, hereinafter called Owner, in the amount of Four Hundred Ninety Eight Thousand Nine Hundred Ninety Two Dollars Dollars (~ q9e, 992. o0 for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, finely by these presents. WHEREAS, Contractor has by written. agreement dated oeee~er 17 Zoos ,entered into a contract with Owner for Twin Creeks Greenway in accordance with Drawings and specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract then this obligation shall be null and void, otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder and having provided Surety with notice of said default, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Signed and Sealed this ~~ Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph, hereof. The teen "balance of the contract price," as used in this paragraph, shall mean the total amount payable by owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. day of December i (Witness) (Witness) Bond No. Bl°78521 2009 (Princip (Seai) l1 ~` (Ti e) Selective Insurance Company of America Surety) (S 1) r (Title) torney-in-Fact Chavonne C. Hill SENQ ALL CLAIM NOTICES TO: Selective Insurance Co. of America Bond Claims 40 Wantage Avenue Branchville, NJ 07890 B207 (09/04) Selective Insurance Company of America 40 Wantage Avenue, Bond SBU Branchville, New Jersey 07890 973-948-3000 Bond No. B1o 74521 LABOR AND MATERIAL PAYMENT BOND THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS, that (Here insert full name and address or legal title of Contractor) McQueen Construction, Inc. of 619 Patrick Rd., Bahama, NC 27503 as Principal, hereinafter called Principal, and, (Here insert full name and address or legal title of Surety) SELECTIVE INSURANCE COMPANY OF AMERICA, Wantage Avenue, Branchville, NJ 07890 as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) Orange County, PO Box 8181, Hillsborough, NC 27278 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Four Hundred Ninety Eight Thousand Nine Hundred Ninety Two Dollars DOllarS ($ 498,992.00 for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated December 17 ,zoos ,entered into a contract with Owner for Twin Creeks Greenway in accordance with Drawings and specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF TH1S OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein. defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety Signed and Sealed this I' day of December ~~ (Witness) (Witness) (90) days after such claimant did or performed the last of the work or labor, or famished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed, such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year after the day on which the last of the labor was performed or material was supplied by claimant, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law: c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Mcf~ueen Construction, Inc 2009 (Princip (Seal). Pis- _ Tit Sele tive Insurance Com an m_e.,rica ~U ULHI __ i t a~ ~K ~ ~j itle) `Attorney-in-Fact ~~~~nne ~. _x, li B207 (09/04) 2, 10546 Selective Insurance Company of America S E L F CT IVE 0 40 Wantage Avenue Branchville, New Jersey 07890 973-948-3000 POWER OF ATTORNEY 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 H W U does hereby appoint ELIZABETH MOORE, TIMOTHY B. TEMPLETON, LARRY B. ROLAND, T. GRAY MCCASHILL, PATSY B. LEWIS, GLYDA E. MEREDITH, ANNE B. THEODORE, CHAVONNE C. HILL 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 regularly elected officers at its principal office, in amounts or penalties not exceeding the sum o£ NO ONE BOND TO EXCEED ONE MILLION DOLLARS ($1,000,000.00) Signed this 28TH day of AUGUST 2009 . -~«~N~~+ 1...- > SEAL By: An~nio C. Albanese Its enior Vice Presic STATE OF NEW JERSEY :ss. Branchville COUNTY OF SUSSEX On this 28TH day of AUGUST , 2009, before me, the undersigned officer, personally appeared Antonio C~~QJse, who acknowledged himself to be the Senior Vice President of SICA, and that he, as such Senior Vice Pre~t*b1eNl~yF!,, authorized so to do, executed the foregoing instrument for the purpose rein contained, by signing th ~1i'' .~ ti~ corporation by himself as Senior Vice President and that the same wa act and deed and the fre~act'an~l~eed iYr•~'• SICA. ~ = SUSAN NEYEt~ - - ~ _ NC'1'ARY PUBt.MC O~ NEW BEY o blic ~'. ALB1.~~' ,,•: MY t~OMN181310N EXPIRE8 42/1?J20tZ . ~. ii~.• .... ~ _. The power of attorney is signed and sealed by facsimile under and by the authority bf~fhe following Resolut~6tr"~by the Board 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 notarial 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." r ---~-~ CERTIFICATION ;'~~',. p,~~~ ~i ~ ~r ~. I do hereby certify as SICA's Corporate Secretary that the foregoing extract of SICA's By-L ~'F° ~tif~i '11 in force and effect and this Power of Attorney issued pursuant to and in accordance with the By s is ~~~ ^- 1926 ~ Signed this ~ T day of , ~ ~ ~ ~ ~ r~~c~• H. Lanza, SICA The power is void unless the Selective watermark appears. B91 (04-07) The RED border on the face of this document has a security VOID background pattern. If it is not RED and the word VOID is visible, this is not a certified copy. Telephone us at Area Code 973-948-3000. ~COR~ CERTIFICATE OF LIABILITY INSURANCE OPIDCAO ~ DATE(MWDD/YYYY) MCQIIE-1 12/22/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Senn Dunn -Raleigh HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4505 Palls of Neuae Rd, St 650 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Raleigh NC 27609-2521 Phone: 919-719-9570 Fax: 919-719-9571 INSURERS AFFORDING COVERAGE NAIC # WsuRED INSURERA aelaeGiw x s Co of 9 solioa 19259 McQ e C t i INSURERS: Stonewood Insurance Co. 11828 u en ons ruct on Inc, Co. Harvey McQueen INSURER C: 619 Patrick Road Bahama NC 27503 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED SELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANV REONREMENT, TERM OR CONDITION OF ANV CONTRACT OR OTHER DOCUMEIfT W RH RESPECT TO W HIGH THIS CERTIFICATE MAV BE ISSUED OR MAV PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, IXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAV HAVE BEEN REDUCED BV PAID CIAIMS. INSR D'L LTR NSRD TYPE OFINSURANCE POLCY NUMBER POLICY EFFECTIVE DATE (MMIDDIYYYY) POLICY EXPNiATION DATE (MMIOD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE E 1, 000, 000 A X X COMMERCIAL GENERALLIF8ILJTY $1785111 01/24/09 01/24/10 DAMAGE TO RENTED PREMISES (Eaoccurence) $ 100, 000 CLAIMS MADE ~ OCCUR MEO IXP (Any one perwn) E 1 O , O O O PERSONALAADV INJURY E 1 000 OOO X Per Prj /LOC agg GENERAL AGGREGATE , , E 3 000 000 , , GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 3, 000, 000 PR0. POLICY JECT LOC AUTO MOBILE LIABILITY COMBINED SINGLE LIMIT E 1, 000 000 A X ANVAUTO 31785111 01/24/09 01/24/10 (~acatlen1) , ALL OW NED AUTOS BODILY INJURY E SCHEDULED AUTOS (Per Person) A X HIRED AUTOS 31785111 01/24/09 01/24/10 BODILY INJURY $ A X NON-OWNED AUTOS 51785111 01/24/09 0],/24/10 lrararodanp A X $250DED COMP 31785111 01/24/09 01/24/10 PROPERTY DAMAGE E A X $SOODED LOLL 51785111 01/24/09 01/24/10 (Per ecaaem) GARAGE LVIBILIIY AUTO ONLY-EA ACCIDENT E ANY AUTO OTHER THAN EA ACC E AUTOONLY: AGG $ EXCESSIUMBRELIA LIABILITY EACH OCCURRENCE $ S, 000, 000 A OCCUR ^ CLAIMS MADE 51785111 01/24/09 01/24/10 AGGREGATE $ 5,000,000 S DEDUCTIBLE E X RETENTION $ 10000 $ WORKERS COMPENSATION O AND EIiPLOYai3'LIABILITY Y X TORY LIM TS ER $ IN ANY PROPRIETORIPARTNER/E%ECUTNE a OFFICERrMEMBER IXGLUDED? WC10000053732009A 01/24/09 01/24/10 E.L. EACHACaDENr $ 1,000,000 1MarldatorY In ~) I/ d ib d E.L. DISEASE-EA EMROYEE $ 1,000,000 yes, eao e ra ar SPECIAL PROVISIONS below E.L. DISEASE-POLICY LIMIT $ 1, 000, 000 OTHER A InlandMarine-Equip 31785111 01/24/09 01/24/10 Per Item $75,000 A Builder's Risk 339)3100 LxRxr, saoa.ooo 09/01/09 09/01/10 Ded $500 DESCRIPTION OF OPERATIONS I LOCATION81 VEHICLES I IXCLU&ONS ADDED BY ENDORSEMENT I SPECIAL PROVLSIONS Project: Twin Creeks District Park-Greenway Orange County is listed as additional insured with respect to liability for the above referenced project ae required by contract. CERTIFICATE HOLDER CANCELLATION I SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPWATION GRAB 1 B 1 DATE THEREOF, THE ISSUW G INSURER WILL ENDEAVOR TO MAIL 3 O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED 10 THE LEFT, BUT FAILURE TO DO SO SHALL Orange County Environment & Resource Conservation Dept PO Box 8181 IHillaborough NC 27278 ACORD 25 (2009/01) IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATNES. I The ACORD name and logo are reg POLfCY CHANGES POLICY NUMBER: S 1785111 COMMERCIAL POLICY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Coverage Part Affected: COMMERCIAL POLICY CHAI~IGES l"he above coverage part is hereby amended as follows: Notice of cancellationand reduction in amount o:F coverage shall be mailed to the named insured listed on the policy and Orange County, PO Box 8181, F3illsborough, NC 2.7..7$, Project: Twin Creeks District Park-Greenwav with 30 days notice except for non paiimeait of "premium. Nan payment ~f premium notice shall be 10 days. This language c~verra_d.es preprinted language on this document. IL 79 00 08 94 CONTRACT: NAME OF BIDDER: ~ ~ ~ tA~~ ~ ~S~Ltc~-O r~ The undersigned intends to perform work in connection with the above contract upon execution of the bid and subsequent award of contract by the Boazd of Transportation as: ,.,_t ~ Name of MBE/WBE/DBE Subcontractor ~' (~ ~~~ RA 1/ i ~ (1ir1(YIQ./ ! [z~.f ~ Y tT~- ~ i~i~lY Address ~~ ~~, ~~ ~ J City ~~~ State ~ ~~ Zip o2 ~~3~ Please check all that apply: Minority Business Enterprise (MBE) Women Business Enterprise (WBE) Disadvantaged Business Enterprise (DBE) The MBE /WBE /DBE status of the above named subcontractor is certified by the North Carolina Department of Transportation. The above named subcontractor is prepazed to perform the described work listed on the attached MBENVBEfDBE Commitment Items sheet, in connection with the above contract upon execution of the bid and subsequent awazd of contract by the Board of Transportation. The above named subcontractor is prepared to per~onn the described work at the estimated Commitment Total for Subcontractor Price identified on the MBEIWBE/DBE Commitment Items sheet and amount indicated below. # Commitment Total based on estimated.Unit Prices and Quantities on the "attached" MBE/WBEJDBE Commitment Items sheet. Amount S ~, , ~ ~ Q °~ The above named bidder and subcontractor mutually accepts the Commitment Total estimated for the Unit Prices and Quantities. This commitment total is based on estimated quantities only and most likely will vary up or down as the project is completed. Final compensation will be based on actual quantities of work performed and accepted during the pursuance of work. The above listed amount represents the entire dollar amount quoted based on these estimated qualrttities. No conversations, verbal agreements, and/or-other forms ofnon-written representations shall serve to add, delete, or modify the terms as stated. This document shall not serve in any manner as an actual subcontract between the two parties. A separate subcontractor agreement will describe in detail the. contractual obligations of the bidder and the MBE/WBE/DBE subcontractor. Affirmation The above named MBE/ WBE/ DBE subcontractor affirms that it will perform the portion(s) of the contract for the estimated dollar value as stated above. ame f E/ E! DBE Subeontraetor Name of Bid r ~°r+e S Signature /Tie Signature /Title .~ NQ`s ~ YZ - 3 - 2~q , Date Dste LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR 1.riT"T]'sR pC• IAiTEN'C T(J PFRF012M AS A SUBCUNTRAC'1'OR CONTRACT: ~,,/~': v NA~iH~~-~-o~F. B~iDiiER: -7~ rW 4V C'~ edty"`/ ~/~'~ ~PP~.t ~~f~(.~Z VGK~~ _i/~(1 - The undersigned intends to perform work in connection with the above contract upon execution of the bid and subsequent award of contract by the Board of Transportation as: Name ofMBENVBE/DBESubcontractor_G Yi.t2_ ~o"f~eos t^r~r~~.,~~. _T.~- Address ~~? 2 ~EC~o~. d. ~ T '# ? 5 City ~, ~G State ~L Zip 2 7 253 Please check a!1 that apply: Minority Business Enterprise (MBE} ~/ Women iiusic~s Enterprise (WB8) Disadvantaged easiness Enterprise (DBE) ~` The MBE /WBE lDBE status of the above named subcontractor is certified by the North Carolina Department of Transporiarion_ The above named subcontractor is prepared to perform the descrtbed work listed on the attached MBE/WBE9DBE Commitment Items sheet, in connection with the above contract upon execution of the bid and subsequent award of c:onitact by the Board of Transportation. The above named subcomractor is prepared to perform the described work at the estimated Conunitment Total for Subcontractor Price identified on the MBE/WBElDBE Commitment Items sheet and amoum indicated below. Commitment Total based on estimated Unit Prices and Quantities on the "attached" MBFJWBEfDBE Commitment Items sheet. Amount $ 3S :_K`~ ? oO The above gamed bidder and subcontractor mutually accepts the Commitment Totat estimated for the Unit Prices and Quantities. This commitment total is based on estimated quantities only and most 1'kely will vary up or down as the project is completed. Final c:ompertsation will be based on actual quantities of work performed and accepted during the pursuance of work. The above listed amount represents the entire dollar amount quoted based on these estimated quantities. No conversatsons, verbal agr+cements, and/or other fomts ofnon-written r+epresentationsshgll serve to add, delete, or modify the terms as stated. This document shalt not serve in any manner as an actual subcontract between the two parties_ A separate subcontractor agreemerrt will describe in detail the cormractual obligations of the bidder and the [v[BE/WBE/DBE subcontractor. APIu-matiort the above named MBE/ WBFJ DBE subcontractor affums that it will perform the potion(s) of the contrail for the estimated dollar value as stated above. _ GYtcz P~~n _~t~«~~ Name of MBFJ WBEf DBE Saibcootr9ctor ~~ z PlB C~ Z rQS~c~un~- Signistere lTitle D9te Date 6'd £lZtr6Lb 6L6 'aul uolpru;suo~ uaanrpw epp:Ll 60 !?6 ^oN