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Home My WebLink AboutORD-2011-027 Central Efland - Northern Buckhorn Sewer Extensions – Funding (Including Budget Amendment #1-A) Bid Award and ConstructionREVISED 8/23/11 8/23/11 BOCC Regular Meeting Abstract and Attachment 3 — See Highlighted Portions ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meetiflg Date: August 23_, 2011 Action Agenda Item No. g- G SUBJECT: Central Efland and Northern Buckhorn Sewer Extensions — Funding (Including Budget Amendment #1 -A) and Bid Award and Construction DEPARTMENT: Manager's Office, Planning, PUBLIC HEARING: (Y /N) N Financial Services, Asset Management Services {AMS) ATTACHMENT(S): INFORM/ -TION CONTACT: 1. Notice and Acceptance of EPA Frank W. Clifton,. Jr., Ccr. - Manager, Special Appropriations Grant Funds 245 -2300 2. Acceptance of State Revolving Loan Craig Benedict, Planning Director, Conditions by Resolution 245 -2592- 3. _and 1051lM Kevin Lindley, PE, Staff Engineer, 4. Resolution of Award 245 -2583 5. Construction Contract Clarence Grier, Financial Services Director, 245 -2450 Pam Jones, AMS Director, 245 -2652 David Cannell, Purchasing Agent, 245 -2651 PURPOSE: To consider multiple actions related to the funding and construction of the Central Efland and Northern Buckhorn sewer system. BACKGROUND: These sewer projects have been in process of funding since 1997 and design since 2004. The projects have now been permitted and approved by the state (SRF Loan Project No. CS370884 -01) and Federal EPA (STAG Project No. XP95456411 -01). The following is an outline of the proposed BOCC actions related to these projects. There are two main project aspects - Funding and Bid Award /Construction. Many of these funding actions -have been noted this year in previous Board agenda items (June 7th and June 21-5 , 2011). The abstract notes each aspect and the recommendations are detailed on the last page. A. Funding 1. Acceptance of EPA Special Appropriations- Grant Funds for Construction of the Central Efland & North Buckhorn Sewer Improvements; 2. Acceptance of Central Efland - Phase 2 Northern Buckhorn Sewer Systems State Revolving Loan; and 3. Approval of Budget Amendment #1 -A. B. Bid Award and Construction 1.a. 2 1.b. Resolution of Award awarding the bid to J.F. VViIkerson of Morrisville, North Carolina at a cost of $2,942,954.46; 2. Authorize the Manager to execute change orders up to $250,000; 3. Authorize the Chair to sign the Resolution of Award -on behalf of the Board; 4. Approve and authorize the Chair to sign the contract on behalf of the Board, - pending execution of bonds, insurance and County Attorney approval; and 5. Authorize related alternate engineering design. A.1 ACCEPTANCE OF EPA SPECIAL APPROPRIATIONS GRAFT FUNDS FOR CONSTRUCTION OF THE CENTRAL EFLAND & NORTH BUCKHORN SEWER IMPROVEMENTS PURPOSE: To consider accepting the EPA Speciat Appropriations (SPAP) grant funds for construction} of the Central Efland and North Buckhorn Sewer Improvements. BACKGROUND: Tn both 2-0037 and 2005, Congressman David Price worked- to receive funding totaling $900,000 and - $500,000 respectively in the-EPA's SPAP program. Since that time, the County has worked through the appropriate processes_. and _was. given a. Notice of Award for these two grants in December 2010 (Attachment 1) which was conditionally affirmed pending Capital Investment Plan (CIP) and companion roan acceptance. The net of the two EPA SPAP grants is $1,348,400. Because the EPA delegates a large amount of review authority for grant funded projects to the State's Construction Grants & Loans -division of North Carolina Department of Environment and Natural Resources (NCDENR), the State receives a percentage of the grant to cover-the administrative costs. Because County financial policy requires the BOCC to formally accept -grant funds prior to expenditure, staff is requesting that the. BOCC approve acceptance of these grant funds for the purpose of constructing the Central_ Efland and North Buckhorn Sewer Improvements. The grant funds will provide approximately 1/3 of .the total construction. costs and are a vital financing component for this project. In addition, these funds have already been incorporated into the County's CIP as part of this project. FINANCIAL IMPACT: Accepting these funds will provide $1,348,400 towards the construction of the Central Efland and North Buckhorn Sewer Improvements. . A.2 CENTRAL EFLAND — PHASE 2 NORTHERN BUCKHORN STATE REVOLVING LOAN SEWER FUNDING PURPOSE: To ratify a Resolution reiterating the Board's decision from June 21, 2011, approving the offer of a State Revolving Fund (SRF) Loan to fund the construction of the Efland and North Buckhorn sewer extensions. BACKGROUND: The BOCC was previously presented with the opportunity to accept a SRF loan in the amount of $3,500,000 for the construction of sewer improvements in the Efland and North Buckhorn communities. The loan is from the North Carolina Department of Environment and Natural Resources. The BOCC approved this loan offer on June 21, 2011. Since that time, staff has been notified that in order to formally accept the loan, the loan approval must take the form of a Resolution. Attachment 2 is a Resolution, dated June 21, 2011, that states the BOCC's acceptance of the SRF loan and conditions. Staff requests the BOCC ratify this Resolution to formally accept the SRF loan on Project No. CS370884 -01, STAG Project No. XP95456411 -01. FtNANC1At IMPACT: As -noted in the abstract from the Board's June 21-, 2011 meeting, there is a $70,000, or 2 %, closing -fee for the SRF loan that will be due in September. The payments for the SRF loan are anticipated to begin approximately in June 2013, or six months after construction is complete. The annual loan payments would be approximately $225,000. Both the closing fee and- the debt service payments are included in the County's Capital Investment -Plan. A -3 BUDGET AMENDMENT # 1 -A Total estimated project costs included in the Capital Investment Plan were $4,727,101} which did not include the $475,000 planned for the McGowan Creek Pump- Station - planning for FY2012 -13. Since receiving very aggressive bids for the Central Efland /North Buckhorn Project, both projects can be combined with the McGowan Creek Pump Station Project with an overall project cost of $4,848,400. Budget Amendment #ILA below provides details- of the proposed budget. Central Eland and Northern Buckhorn Sewer Project: Project # 30042 Revenues for this project: Appropriated for this project: FY2010 -11 Amendments Aug. 23, 2011 Amendment FY 2011 -12 Revised EPA SPAP Grant $1,34T,400 $1,348,400 State- Revolving Loan Funds 3,500,000 3,500,000 Other 25,000 25,000 Total Project Revenues $4,848,400 $4—,848,400 Appropriated for this project: The larger budget amount in excess of the bid award will be explained below in section B.5. B. BID AWARD AND CONSTRUCTION PURPOSE: B.1.a — arv�i�`{�`�+�4`�,� %� � ��n 'i� �'�'!� �'��s�- ��F%,€� v��r �«'3' `? ��R�� g"�'t 6 ��. t n �`�" ��"v�4a`� ,�1h �:� ��... • B.I.b — to consider awarding a bid to J.F. Wilkerson of Morrisville, North Carolina for the construction the Central Efland and Northern Buckhorn Sewer Extensions. BACKGROUND: The County has been working towards construction of an extension to the Efland sewer system and an extension of the City of Mebane's sewer system into the Northern Buckhorn community. The work for this project involves the construction of approximately 5,370 linear feet of 8 inch gravity sanitary sewers to serve the Buckhorn Area north of 1 -85 and Prior Years Amendment Aug. 23, 201.1 Amendment FY 201 -1 -12 Revised Professional Services $ 519,000 $ 519,000 Construction 4,304,400 4,304,400 Other 25,000 25,000 Total Project Appropriation, $4,848,400 $4,848,400 The larger budget amount in excess of the bid award will be explained below in section B.5. B. BID AWARD AND CONSTRUCTION PURPOSE: B.1.a — arv�i�`{�`�+�4`�,� %� � ��n 'i� �'�'!� �'��s�- ��F%,€� v��r �«'3' `? ��R�� g"�'t 6 ��. t n �`�" ��"v�4a`� ,�1h �:� ��... • B.I.b — to consider awarding a bid to J.F. Wilkerson of Morrisville, North Carolina for the construction the Central Efland and Northern Buckhorn Sewer Extensions. BACKGROUND: The County has been working towards construction of an extension to the Efland sewer system and an extension of the City of Mebane's sewer system into the Northern Buckhorn community. The work for this project involves the construction of approximately 5,370 linear feet of 8 inch gravity sanitary sewers to serve the Buckhorn Area north of 1 -85 and 4 19,514 linear feet of 8 inch gravity sewers with a 250 G.P.M. Pump Station and 2,460 linear feet of 6 inch ductile iron- force main to serve the Efland Community. Bids for this project were advertised and received on June 23, 2011. Nine bidders submitted responses to the solicitation - including Triangle Grading & Paving. B.1.b: To consider a Resolution awarding the construction contract for Central Efland Phase 2 and North Buckhorn sewer system extensions to J. F. Wilkerson Contracting Company. BACKGROUND: Bids were received for this -project (Project No. CS370884 -01, STAG Project No. XP- 95456511 -0) on June 23, 201-1- After a period of review of the bid documents by the County's engineering consultant, Coulter, Jewell, Thames, and due diligence investigation by County staff, J.F. Wilkerson -Contracting -Company was- determined to be a- responsive, responsible bidder for this project. With the agreed to withdrawal of Triangle Grading & Paving's bid, J.F. -Wilkerson. Contracting Company becomes the lowest, responsive and responsible bidder- for-this project. Because this project is funded by both -. an EPA Special Appropriations Grant and a State Revolving Fund Loan, the State Construction Grants -& Loans (CG &L) office must review the bid documents and other information regarding the project prior to issuing an "Authority to Award" notice to the County. The deadlines imposed by the SRF Loan process required that Orange County be issued the "Authority to Award" from the State CG&L office on or before August 1, 2011, or risk losing the SRF Loan - funds. As a part of the Project Bid Information packet, the CG &L office typically requires that the governing board adopt a Resolution of Tentative Award; which says the board intends to award the contract to the lowest, responsible, responsive bidder once given the "Authority to Award" from the State. In this case, however, the BOCC was on summer breaks when the bids came in. This meeting is the first opportunity available for the Resolution of Tentative Award. The CG &L office has granted the County a variance from its normal procedure by allowing the BOCC to adopt the Resolution of Award now, after the Authority to Award had been issued by the State -on August 1, 2011. Therefore, the Resolution before the Board is a Resolution of Award rather than a Resolution of Tentative Award because the State has already reviewed the contractor choice and issued the Authority to Award. This Resolution, along with the actual contract and supporting documents, will be submitted to the State CG &L office for review. Submission and approval of the contract documents and this Resolution are required in order to meet the next funding deadline on September 1, 2011. J.F. Wilkerson submitted the lowest responsible bid that was responsive. A copy of the tabulation is Attachment 3. The Resolution of Award is Attachment 4. If the Board awards this bid, a notice to proceed will be issued in mid - September with an estimated completion date of December 2012. B -5 RELATED ALTERNATE `OUTFALL' ENGINEERING DESIGN 5 After strategic review of the existing and proposed sewer systems in Efland, an alternative engineering design may create short and long term benefits in costs and service area. A brief explanation follows. The present Efland sewer system flows by gravity to the existing McGowan Creek Lift Station (MCLS) built in 1988 near Efland -Cedar Grove Road. From this collection point sewage is then a pumped via a sewage force main to the Town of Hillsborough for treatment. The Central Efland Phase II (area east of and downstream from the MCLS)- proposes a new sewage lift station on Brookh-ollow Road (BRLS) which collects a -new service area that flows by gravity to this new station that is -then pumped `upstream' to the old MCLS. Since the proposed BRLS -is `downstream' from- the old MCLS, a- new gravity sewer main or interceptor can be designed -to allow existing sewer flows to flow through (without pumping) the MCLS and continue through this new gravity line (approximately 2,000 LF) to the BRLS_ This alternate design accomplishes several goals: 1. Eliminates the need for a new lift station (BRLS) to pump to an old lift station (MCLS) which is in need of approximately $400,000 of repair. 2. Creates a new interceptor service area (consistent with the Efland-Mebane Small Area Plan) for additional property and customers that were not included in the original design. 3 Reduces the distance of .pumping to Hillsborough since the BRLS is closer and eventually can be the one lift station instead of two (major reduction in maintenance and operating costs) that changes pumping direction to another treatment system. 4. Removes the old MCLS function which is close to McGowan Creek. There are two funding sources for *his project- $3.5 million from the State Revolving Loan Fund and a grant of $1,348,400 from an EPA SPAP Grant. The State agrees monies from the SRF loan can be used to expend- on this -alternate which enhances the existing and proposed systems. Projected monies from EPA and SRF sources can accommodate the - original and alternate design because of lower construction bids. The difference between the bid and the -budget is reserved for this alternate project. This alternate design still needs to be engineered, permitted and -bid and, if at all possible from a timing standpoint, coordinated into the proposed project. The design for this work will begin as soon as a design and construction administrator is chosen. A separate -bid for construction will be necessary at a later date. Whether design and permitting can `-catch up' to the present work is not yet known. In any event, this proposed design enhancement will provide a system that can be more efficiently operated. FINANCIAL IMPACT: There is no financial impact from approving the Resolution of Award. The contract with J.F. Wilkerson Contracting Company is for $2,942,954.46 and has been accounted for in the County's CiP and is within budgeted amounts. RECOMMENDATION(S)-: The Manager recommends that the Board: A. Funding 1. Accept the EPA Special Appropriations Grant Funds for Construction of the Central Efland & North Buckhorn Sewer Improvements (Attachment 1) 2. Ratify the Resolution noting acceptance of Central Efland — Phase 2 Northern Buckhorn Sewer Systems State Revolving Loan (Attachment 2) 3. Approve Budget Amendment #1 -A B. Bid Award and Construction 1.a. 6 1.b. Approve the Resolution of Award awarding the bid to J.F. Wilkerson of Morrisville, North Carolina at a cost of $2,942,954.46; 2. Authorize the Manager to execute change orders up to $250,000; 3. Authorize the Chair to sign the Resolution of Award (Attachment 4) on behalf of the Board; 4. Approve and authorize the Chair to sign the - contract on behalf of the- Board (Attachment 6), pending execution of fronds, insurance -and County Attorney approval (bid unit prices are available in the Clerk to the Board's office); and 5. Authorize staff to proceed with -related alternate engineering design. Y1A - G+id_rrAl 1 -- n Paae 1 ASSISTANCE ID NO U.S. ENIHEGi(VIENTAi. DATE OF AWARD 121161 p Q lwm# p PROTECTION AGENCY XP - 95456411 TYPE Or- ACTION MAILING DATE New 12J23/2010 Grant Agreemer t PAYMEW MEiHO)Y Reimbursement AGO -PEND RECIPIENT TYPE: County Send Payment RegLfest to: David MroYd, Water Pres_ta3ction Division, 04W2-9228 RECIPIENT: PAYM. Orange Count Planning and Inspection Department Orange Co Planning & Inspections Dept. 200 S. Cameron SL 20D S. Camemn SL Hillsborough, NC 27278 Hipgborowh, NG 27278 EiN: 66- 6000327 PROJECT MANAGER EP/LPROJECT OFFICER -EPA GRANT SPECIALIST Clarence Grier Arthur Buff Kenny Richardson 200 S. Carneron St 64 Forsyth Street . Grants Management Office Hillsborough, NC 27278. Allants, GA-30303 106a FMalt: rlchardson keMy@epa.gov Phone:.404- 562-9921 ,no.us E -Mail: Suff.Ardwr@ .gov E -Mali: cgrfer@oo.dtanga pa Phone: 919245 2453 Phone: 404 - 552 -9338 PROJECT TITLE AND DESCRIPTION Congressionally Mandated Projects This action approves an award In the- amount of $1,348,400 to Orange County - Efland CoomrAunity San tary Sewer to-provide sanitary sewer service to the In the Efland cornmunitywIll consist of apprmdmately 19,982feeat-of413-Inch gravity sewer, a 250 gallon per Efi-and and Suckhorrr communities. Sewer service minute pump station and 2,460 feet of 64nch force main. Wastewater col(ected from the propose&sewer system will be pumped to Efland's wdsting- liptaborough's 3.0 million gallons per day (MGa) wastewater treatment plant. Service in McGowan Road Pump Station and then transported IoJhe Tdurn -of the Buckhomwmmunity will Include approximately 5,370 feet of,84nch graXity sewer. Wastewater collected from the proposed- sewersystem'wtli flow to the I ndustrial Drive Pump Station where it will be pumped to the City of MebarWs 2.5 MGD wastewater treatment plant A Categorical Exclusion (CE) was issued 29, 2010. The Efkand of the project Is lacathd in -the Upper Neuse Watershed, Hydrologic Unit code 03020201 and the for this project -April portion propdse Buckhom portion of the proposed project Is located in -the Raw Watlershed, HArold& Unit code 03030002. BUDGET PERIOD PROJECT PERIOD r ERIOD COST TOTAL 5izGE P TGfT'AL PROJECT pEWOD COST 12101!2004 - 120112013 12/01!2004 - 12/39/2013 .00 NOTICE OF AWARD Based on your application dated D31O2/2010, Including all modifications and amendrdents, the t.1hited States acting by and through the US Environmental Protection Agency (EPA), hereby awards $1,345,400. EPA agrees to oast -share Z7 % of all approved budget padod costs incurred, up to and not exceeding Such be terminated by EPA without further cause 9 the redplentfatis to provide timely affirmation of the award total federal funding of $1,348,400. award may by signing under the Aflirmatfon. of Award section and returning all pages of this agreement to the Grants Management Office listed below within 21 days after receipt, or any extension of time, as may be granted by EPA. This agreement Is subject to applicable EPA statutory provisions. The applicable regulatory provisions are 40 CFR Chapter 1, Subchapter 13, and all terms and conditions of this agreement and any attachments. ISSUING OFFICE (GRANTS MANAGEMENT-OFFICE) AWARD APPROVAL OFFICE ORGANIZATIONI- ADDRESS ORGANIZA*AON f ADDRESS U.S. EPA. Region 4 61 Forsyth Street Water Protection Division -61 Forsyth Street Atlanta, GA 30303 -8960 Atlanta,-GA 30303-8960 THE UNITED STATES OF AMERICA RY THE US. ENVIRONMENTAL PROTECTION AGENCY SIGNATURE OF AWARD OFFiCIAL TYPED NAME AND TITLE DATE 12!16/2010 Digital signature applied by EPA Award OYffdal Elaine Curies, Grants Management OFtker AFFIRMATION OF AWARD 13Y AND ON BEHALF OF T14E DESIGNATED RECIPIENT OR6ANtl7d�T10N SIGNATURE TYPED NAME AND TITLE D j Frank W- Clifton, CduntyManager EPA Funding Information xP.854s64-11 -e Paget FUNDS FOMR AWARM THIS A"ON AMENDED TOTAL EPA Axt TWS Afton $ $ 1,348,400 $1,34tT,400 EPA [ndfind Amount $ $ $ 0 Unexpended Prior Year Baimm $ $ $ 0 Other Fedwal Funds A $ $ 0 Redp%t Conhlbo*m $ $ $ 0 State Contribution $ $ $ 0 Local-ContllxdJon $ $ $ 0 Other Contrasution $ $ 3,344,701 $ 3,344.741 mkmnG Project Cost $ 01- $4;683,101 - $ 4,693;101 AsslsialfCS 1'rogr8sn CFD S yAWhotigt Repdalb Aulh 88202 - Conte Mandated Pro* to Owsoftited AppmpdaAm Act of 2005 (PL 40 CFR PAR1'31 - PRC 108 -447) Sitel"ect Cost oeganizedon Conw0dated ApptoprMlons ResotuWrc 2003 (PL - 111 10&7) E Fiscal- site Name iItqNFY-- Approp. Code Budget Orgaalzation - PRC a Gass Sitel"ect Cost oeganizedon Obilgation I Deo6ligation - 111 E 04 202851 41 • 1,346, 1 X348, V7 XP - 954SMi l -W rage 3- A4ppro Program Efmnent Ctmmocadon (Construction) Apprmv w AilawmMe Budget Period Cost 1. AftfnisG attan Expense 2 Pratfrtehtiary s8 $0 3. Land Struotc�re, Right Of Way $0 •4. €Geciuml- Engirmedng Basic Fow $0 -& other*vhfteefuraf Engineering Kees $0 r,. Ptojact ittspe*Wn fees 7. Land Dweicpmo t $0 8: IRebeatfon Expwwes -$0 S. Reiocmbn Payments to Indhriduais & Bus. $0 1a Denwoon and removal -'$0 11. Construction and ProjectimpmvWnent $4.B93;t01 12. Equlinne $0 13. MiscatianeoUs $0 ' tA. TOtaf (Line& 1 thra 13) $4,fi93,101 15. F.stfmate income $B• 1@. f+iet Projm * Amount (Une 14 minus 15) $4.6'93,1Qi 17. Less. ine Wbfa Exciusions $0 18. Adds Contingawle9 $fl' 19. %tai (share Hoop-_7 1% Fed __Mq $4,693,f01 20. TOTAL AFPt vr=DASMSTANC9 AMOUNT $1,348 400 10 XP - 95456411- 0 Page 4 Admifrstratiye Conditions . T PROCUREMENT FOR ENGINEERM AND OTH IyROFESSIONAL SMViCES The costs of profess'sanal-en hg and any -other professional services contracts procured In complianoe with the rnirdmum standards for procurement /under grants (see 40 CFR 31.30 are allowable costs for rah ursement with grant funds. No grant funds may be used to reimburse the federal share of any englneering or other professional services oonthact(s) found to be irh• - noncompliance with the grant pmouremard regulatiora. #Nets: all project expenditures are deemed to ink both the federal and nonfederal shares). The recipient agrees to conduct all procurement for - engineering and oltfer professional SGIVIMs In compliance with 40 CFR 31.38(b) -M. The rectplentalso agrees to submitto EPA for - pre -award and/or post -award reviewpnrcurament documents 4noludi lg, but not-ilmited to. Wooton pmeedures, requests for- quallf ball0m and/or proposals, evaluation methodology and results, memorandum of review or nagpdR t, cost analyses, proposed contract documents, etc. No payments may be made undert is grant until EPA has receNed-and asviewed the procurement documents for oompGanoe with the mb*nTan standards /cwt procurement Tlheroost of construction ount acts procuar-ed In corripftancs width the wirhirntrm standards for procurement under rots (see 40 CFA 31.35) are aliowmble costs for relmbtrsement with grant funds- Negrant rinds maybe used to reimburse tre federal shars-of any construction contracts) fond to ba-in noncompliance with the grant procurement regulations. (Note: all project expethdilurm are deemed io In&ide both the fed aral and nonfederal shares The recipient agree&t mconduct all procurement for construction. in ooW pliancy with 40 CFR 31.36(b)--N and include the *EPA Supplemental- Genenal Conditions for federally Assisted (enclosed) inolud Ing- Nnorrly Business Enterprise and Women's Business t= nterptiseecals h any bidding-documents. The redolent also agreas to submitio EPA for pre avrard and/or post award review procurenw t doetnrents khc itzk g, but not limited to: Invitations for bids, Independent cost estimates, bid documents, disadvantaged business enferprfse dootmhentatiom, eft No payments may be rmade under this grant " l=PA has reviewed Via oonstruction procurement documen"r oomplianosyM ...rte minimum sbuxiarfs for procurement 3, OBBYiN_G -ALL The reelplent agrees to oom ply wrth Tltie 40 MR Part 34, Near RestrWDns on.LobbyfV The recipient shall include the language of this provision In award documents for ail subawards exceeding $100, 000, artd require that subrechipletts submI certiiicatoh and disclosure forms accordingly. In, accordance with the Byrd Arttl-f_obbying Amendment, any recipient who makes a prohibited e)pendtturs under The 40 CFR Part 34 or falls to 1116 the required oertilicaton or lobbying forms shall be subfeet to a M penally of not less then $10,00D and not more than $100,000 for each such expenditure. 4. L 013DYHNQ M UTIGATION -&L RECIPIENTS -r he ohm executive offloerof this recipient agency shaft ensure that no grant funds awarded under this assistance agreement are used to engage in lobbying of tfhe Federal Government or irh Ntgadon against the united States unless authorized under existrhg taw. Tihe xeaiplent shalt abide bylts respective OMB Circular (A-21, A-B7, or A -122), which prohibits the use of federal grant funds for litigation against the linked States or for lobbying or other political activities. 5. F�oUMINGI'F HM AND.CONDMON in accordance %tth EPA Order 1000.25 and Executive Order 13101, Greenbhg the Government Through Waste Prevention, Reayoft and Federal R sib the recipient agrees to use recycled paper for all reports which are prepared as a part of this agreement and delivered to EPA. This requirement does not apply to reports prepared on forms supplied by EPA, or to Standard Forms, which are printed on rsoyded paper and are available through the General Serviosa Administration. Pisase note that Section 901 of E.O. 13101, dated September 14, 1 598, revoked E.O.12873, 1`ederalAcgL"lon, Recyeffng, and Waste Prevention In its entirety. Any State agency or agency of a polltaaP subdivision of a State which is using appropriated Federal funds shall comply with the requirements set forth in Section 6002 of the Resource Conservation and Reoavery Act (RCRA) (42 U.S.C. 6962). Ragutaflons issued under RCRA Seellon 6002 apply to any acquisition of an Rem where the purchase price exceeds $10,000 er where the quantity of such items acquired in the course of the preceding fiscal yearwas $10,000 or more. RCRA Seaton 6002 requires that preference be given In procurement programs to the purchase of specific products containing recycled maferfals klertffied in guidelines developed by EPA. These guidelines are-listed in 40 CFR 247. 11 G. F1 L6.Y FUNDM 9AR�1(S For fully funded agreements -based on an earmark E'PA Is fuEfy funding this assistance agreement: based on the tams of it congresW onat earmark if future earmarks are not provided for this prMjeat and redpiertt, supplemental funding for this pr4ect Is notguraranteed. 7. The recipient agrees to consuiiA tCi the appropriate State Office in the ldrritifFcalion and evaiudon of any pre -1948 structures which may be Impacted by scheduled prof ecf activitfas, or properties located adjacent to the aafindties areas. The reolplant agrees to oompfy whim- effods to idafty, evaluate and appropriately design prof ed activtties to avoid or minhntm a6me project impacts to anyhistorlo properties gated, or vubloh saU* ihe-criteda for etiglb* for lsfing (W-OM 6D.4), I Ma National- RegMar of Historic Places. a. MOVWQJA The provislons of #W-Award of Quarts and Cooperative Agreements for to Special Projects and Programs Authnrized by -tile Agency's FY 2003, Appmprfa = Act dated July 2z, 2003 and FY zoos, -Appropriation AcN dated June 8, (enclosed) Is incorporated fterein by reference. i 0 1 KjL-i�sET- DOU V � L t lentshalLfulty comply wifftr Subpart: tr of 2 CFR Part 180 and 2 CFR Part 1632, entitled "ResponsibilHies of Pwd*w fs gardithgTrartsacfions(Dcing Busfress with O#rer Persons)." Recipient Is responsible for enstaing that any bwer tier covered bweactidn as described In Subpart B o12 CPR Part -180 and 2M Part 163'2, errMed'Covered Tratnsa tlona,'-Includes aternt or cx xw,n r+e,ltd ft oompiianae with strbpad C. Reclplent is resporaVe for When requiring She lrrckWM of a similar tulmt -or ottadition in any subsequent tower tier covered transaeftw Recipient acirnowiedgea that fait to•disoiosa the Information as requbwd at 2 CM 180.335 may result fin the delayor negation of this-assistance agreetnerrt, or pursuance of legal remedies, lncludhtg suspension and debarment. Recipient may a tns0tcluded Parties Lt system at,yoe lean ThMemr and condition sulmedes EPA Form 67MAO, V,art3HCation Regarding DebarmeK Suspension, and Other Responsibliity Wlatters.' + i,l ' °_S if s* r1 • ' oc � 3ir" I , n 'Ruts offer fsmade oocttingent upon -EPA receipt and review of evidence Mat firm commitments for all sources of required maiafft share -for this EPA grant are in effect prfor'to advertising forbids on the project 'Ems oanfterW btdudes thk4 party aeurces . whore'tiglyd parties are In-any manner furnishing funds or servioes which will be used as required matcldng share for this EPA grant: No payments MI be-mada by EPA under this assistance agreerrrw until SPA has received and reviewed the requested documentation. 11. EPA PAR'1'tC E09t j This award a ncl the resU ft ratio of funding is based on estimated costs requested in the application. EPA participation In the iirrai- totai afiovWM programlproject costs (oalkys) shalt not exceed the statutory limitation (55 %) of total allowable program/proojeot costs or ftte total €lards awarded, whichever Is lows. 12. oRUGfREE w-oRKPL.AC*CERi1F7CATEOAI Ka ALL EPA RECEDE The reclptent organization of this EPA assistance agreement must make an ongoing, good faith effort to maintain a drug -free workplace pursuant to the speolid iequirements set forth In Title 40 CFR 38.200 - 382M. Additionally, in accordance with these relations, the recipient organization must Identify all known workplaces tinder its federal awards, and keep this: information on file during.the per$atnmar= of the award. Those recipients who are individuals must comply with the drug-free provisions set forth In Tile 40 CFR 36.30U The consequences for violating this oondifion are detailed under Title 40 CFR 36.510. Recipients can access the Code of Federal Regulations (CFR) T(Ud 40 tart 36 06/4ocfr88 OSAIMI 13. HO fEL-fiAOTrzL FIRE SAFET1f Pursuant to 40 CFR 30.18, If applieable,'and 15 USC 2226a, the recipient agrees to ensure that all space for conferences, meetings, conventions, or training seminars funded In whole or In partwM federal funds complies with 1ho protection and control guidelines of the Hotel and Motel Fire Safety Act (PL 101.3st, as amende4 Recipients may search the Hofei -Motet National Master List at hitpz(Awuvx.usfa:dhmgov /appiicagonsboW to-ses if a property is in compliance (tEAA ID Is currently not required), or to find other Information about the Act: 14. DtsADYAW -AGED 13USiNESS rzmizefflSE fDHEEj ODNDMON FOR NON-SRF RECIPIt -airs 12 GENERAL CONiPUANCE,.Aa CFI; Part 33 The recipient agrees to comply with the requirements of EPA's f?rogram for UMzal m-W Small, Minority and Women's BUSkws Enterprises In procurement under assfstanmagreemente. cortaihed in 40 CPR, Part 33. FAIR SHARE 0SJECTiVESy 40 CF% Part 33, Subpart D A nedpfent must negotfats ith the appropriate EPA award official, or his/her designee, air share ob*Wes Ibr- MBE and .WSE (Mi3E ANSE) parbeipedon-In procurement under the financial assistance agreements. P=gAfng fly Fair Share ObjeciEved0loafs of Another Recipient The dollar amount of this assistance agreerna t is $250,000, or more; or the total dollar amount of-all of the recipimtrs not TAG assistance agreements from EPA in to current fiscal year is f260,000, or more. The roc iplent accepts the applicable MI3eWBE iafrshara obleotfveslgoafs negotiated wish EPA bythe State of North Carolina, "- follaws: We CONS TtUCTION 8.0%; SUPPLIES 7.0%, SERVICES 7.0%; EQUIPMENT 7.0% WBE: CONS'T'RUCTION 6.0 %; SUPPLIES 9.0%; SERVICES 9-0 %L EQUIPMENT 9.0% iiyAnkv this- fltanclaf assistance agreement the.recipfent is aoceptingthe Wr Shareabjecfivees/goels sfated.abaaaand attests %oche fact theft it is purchasing thesama Gr similar construction, supplies, services and Wopment, in the same or skttltar relevant _geographic buying market as the State of North Carolkua_ Negotiatlwg°Ea[rSharae Ob jectl%%WQoaIs j49 CFR,-Swdotr33404 The reolplent has the option to negotiste its own MBF.JWBE fair share objeciivesr'- oats, if the reatplent wishes to negotiate Its own'MBFJWBE fair share objeotives/goals, theTecipientagrees to submit proposed WWWBE - objeetivesilgoats based on-an avaliablilly analysis, or dfsparilyzhWy..of quellfted MBEs and WSEz to -their relevant geographic buying marhetforconshrxtlott, services, supplies and equlpmenL The submission ofixoposed fair sham goals WE the supporting analysis or-disparity study meamftt *9 recolentfs notsooepong the fair share obywilves/goals of anoth or reciplent The recfpldnt agrees to submit proposed fair share obiecftveslgaais, trogetlter with the supporting It"24blitty analysis or disparity skX44 -to the Regional MBIJWRE CooudirmUor within 120 days djts-accapiancg of the financfa[ assistants award. EPA will rosAond to the proposed fair shale objectivWgoafs within So days of receiving the submission. If proposed fair share oI*cttvWgoab are not received within• the 120 day time frame, the rutcipfent may not expend its EPA funds for ptcctrremenis udll the proposed fah share obi -*Wgoais are su bmill ed. SIX 6001) FAITH EFFORTS, 40 CFR, Fart 33, Subpart C Pursuant to 40 CFA, Section 3330 #, floe recipient agrees to make the following good faith efforts whenever procuring construction, equipment services and supplies under an EPA financial assistance agreement and to require Oral sub -rac4 f ft, loan recipients, and prime contractors also oompiy. Ascends documenting compliance with the six good faith efforts sW be retained: (a) Require DBEa are roads canner® of contracting opportunlifes to the fullest extent practicable through outreach and recnrifinentaoNvitfes. For Indian TrRW, Slate and Local and Govemment reaVents, this will Include placingmEs on soltotteOm lists and solleftingthertrwheneverlheyare potential sources. (b) Make information an fortltcoming oppor[nanitles available to DBEs and arrange time frames for contracts and estabM delivery schedules, where the requirements permit. in a way that encourages and factiftates partidpetton by -DBEs In the competiflve process. 'finis includes, whermverpossible, posting sollcitaiions for bids or- proposals fora minimum of 30 calendar days before the bid or proposed closing date. (o) Consider in the corntmo tg prooess whether firms competing for•lene contracts oouki subowftot with DBEs. For Indian Tribal, Stets and local Government recipients. this will indude 4&MdI lg total requirements when sc onornbaffy feasible Into smaller tasks or quantities to permit maximum partidpatfon by DBEs In the compe fte process. (d) Encourage contracting with a consortium of DBEs when a oontraot Is too large for one of these firms to handle Iadtvidually. (e) Use the son 4ws and assistance of the SBA and the Mlnorfty Business Development Agency of the Department of Commerce. (f) If the prime contractor awards subcontracts, require the prime oontrac for to take the steps in paragraphs (a) through (e) of this section. Ai W W13E REPORTING, 40 CFR, Part 33, Sections 33,502 and 93.503 The recipient agrees to complete and submit EPA Force 5700- WA.'MSE/WBE Utilization Under f=ederal Grants, Cooperative Agreements and interagency Agreements* eementts* beginning With the FedeW fiscal year reporting period tfte recipient receives the aw;W, and Continuing lentil the prof ect Is completed. Only procurements with certiffed MBE/Wt3Es are counted toward a reciplenre MoeAME sc:complishm ants. 13 The reports are due within 30 days of the end of the semiannual reporting periods (April 3(1 ` and Odrobw•30). Reprorts vivould be sent to: Grants Management Office U.S• Enviromner tat Protection 011ke AFC, 61 Forsyth Street Atlanta, GA 30303 FinsiJUSE1WBL reports rnustbo submitted Within 90 days after the projectperlod ofto grant ends. Yoergrruit cannot ba "Tcdally closed without an MBWWBE reportsr EPA Form 670a -b2A may be obtained from fhe EPA Office of Small Business Program's Horse Page on the lnternetat www.�agovlasbn � ' CONTRACT ADMINISTRABOM PROVISMS, 40 C9% Section 33.3U2 . 7be redplent agrees to comply with the contract administraiian prenins(ons of 40 M. Section 33 M2. BmDMS UST,,-O -cFlF, Section SUM (b),and (c) Reelplents ot-a Gon iru ing ErMro nmental Program Arent or other annual reporting grant, agree th creatsand maintain a bidders list Redptents of on EPA financial assistance agreema t to capitraltze a revolving ban fund also agree tnrnegttirs endue receivb identified bans to cxea Warrrtmakdalowbldders llstif Me-recipientof the bans sublectfo, ordwoses to follow. oompeiitive-bfddttg requirements. Please sea 40 CFK Sect) tx 3••SOt'" and (c) for specific requirements and exemptbns. 15, M4U1f Sim AUDtT In accordance with OMB Circular A -t93. which implements the single Audit Act. the reoipbrtt hereby agrees bo obtain a sloe auk from an Independa t auditor If ft expands $5W.000 or more in total FederaHunds In any fiscal year. Within mina months after the p nd oft rer3pierrt's iisow year or 3o days after rsosiving the report from the au ftr, the recolontVwIl submit a copy of the SF -SAC and a Sire Audit Report Package. For fiscal periods 2002 to 2007 recipients are to submit hardcopyto -t ho4ollowing address: - Federal Audk<XwMghouse 1201 -East le Sb'eet dfersorivifle, IN 47132 For fiscal periods 2008 and beyond the recipient M submit a aopy3of the SF-SAC and a Single Attu Report Package, using the Federal Audit Clearhnghorce s- irftmet Data Entry System. Complete Information on how to accompiM the 2008 and beyond Single Audit Submissions you will need to vMbe Federal Audit Clearinghouse Web site: jMp 6T arvsster census. c vgLifad 10. TRAFMICING1Nl PERSON a. Provisions applicable to a recipient that is a private entity_ 1. You as the reolplent your employees, subre*Ie nts under # #a award, mid subreciplernW ernpbyess may not — L Engage M severe forms of trafL -frfr►g in persons during the period of fte that the award is In effect; L Procure a commercial sex act during the period of time that the award Is in affect; or 19. Use forced labor in the performance of the award or subawards under the award. 2 We as the Federal awarding agency may unilaterally terminate this award, without penalty, If you or a subrecipient that Is a private saft 1. la determined to have violated a prohibition in paragraph a.1 of this award term, or iL Has an employee who is determined by the agency official authoized to terminate the award to have violated a prohibfEkm In paragraph a.1 of this award tern through conduct that is either A. Associated with performance under this award; or B. Imputed to you or the subreafpient using the standards and due process for irnpuling the conduct of an individual to an oManh:atlon tiW are provided In 2 GPR part 180, "MIS Guidelines to Agencies on Govenurentwide Debarment and Suspenslon (Norrpmourement)," as Implemented by our Agency at 2 CPR 1532. b. Provision applicable to a recipient other than a private entity. We as the Federal awarding agency may unilaterally terminate this award, without penatty, if a subrecipient that is a private emfty — 1. Is determined to have violated an appkable prohibition In paragraph a.i of this award term; or 2. Has an employee who Is detemhlned by fie agencyoffidal authorized to termku to lire award to have violated an apihfi ;able prohtb[tbn it paragraph a.1 of this award term ttrmugh conduct that is either. L i4es�laied with p�aforrrance under this award; cr ' , !i trm puled to the sub►n3dplent using the standards and due process for imputing the conduct of an [ndtvldroi to an �;an"tlon that are provkfed In 2 Ci f part 180, "ONTO Qtt(detines to Agences on GovernmentMde Debarment and ension (Nonproctmemerr�." es krrpfemerrted by our agency at 2 L'eFR 1532 c. Prons applicabla to any redptent u must inform us krrmedfatey of any information you receive thorn airy source alleging a violation of a prohibition In paragraph a.1 of this award tarn. 14 2.Our right to termminate unilaterally that Is described In.paragraph a.2 or b of this section: L Implements section 196(g) of the Trafficking Warns Protection Act of 2000 (7V•PA), as amended (22 U.S.C: 7404(g)), and H. is in addition to all other remedies for noncompliance that are available to us under this award. 3. You must include the requirements of paragraph a.1' of this awardfanm in any sulsaward you make to a private entity. d. - Definitions. For purposes of this award term: 1. "Employee" means either: 1. An individual employed by you or.a subrecipient who is erVagsd in the perfbm ce of the project or program under this award; or H. Another person engaged in the performanab of the projector p varam under this award and not compensated by you Including, but not limited to, a volunteer or individual whose- services are c onfrWed by a third party as an-Ir kind contribution toward cost sharing or mmatclilr4Trequtrements. 2. "Forced labor" means haboiobtalned by any of the fol lowing - methods: the recruitment, harboring,*ansporfation, - provision, or obtafning_ofa person for labororsenrlces, through the use of force, fraud, orcoericon far ilhe purpossof subjection to involuntary swAtude, peona 3. "Private onttty "t ge, debt bondage, or slavery. is Means any entty otherthan aState, local government, Indian tribe, orforeign public entity, asthma tears are deffned In 2 CFR 175.25. iL indudeb: A. A nonprofit mjanlzaflon,- Inciudingany troxproftt- institution of higher education; hospit2l,-Wtribal organization other than one Included In the definition of Indian Gibe at 2 CFR 175.25(6), B.A for -profit organlratlon. - 4- "Severe forms of traf ciftfn-persom— tornmerciat serf act;" and "coercion "iiave•ltje meanings Oven-at secdorriti3 of the TVPA, as amended (22U.S.C. 7102): 1T. U.NL1QfJIDATED OBLIGATfANS Pursuant to-40 CFR 31.41(15) and 3f.S0(b), EPA reidplenfs shall subr>lttan annual Federal Financial Report (SF-425) IgEPA no later -than 90 calendar days fo0nwing the and of the reporting quarter The following reporting period end daft shall be used for interim mporis: 3131, 67'30, 9130, or `12/31. At the end of the project, the recipient must submit a i>7nal,17ed'era( Financial Report to EPA no later than 90• calendar days after the end -of the project pad5d. The form Is available on the Internet at hitP:t/www.eP3.gcV/ocWMBOMOB&Kwm.htm , AN FFRs must be submitted to-the Las Vegas Finance Center: -US EPA, LVFC, PD Box 985`15, tas Vegas, NV 89193, or by Fax to 702- 798 - 24232 . The LVFC will make adjustments, as necessary, to obligated -funds after reviewing and accepting a that Federal Financial Report. Recipients wilLbe notifted and instructed by EPAIf they must complete any- addl0onal forms for the closeout of the assistance agreement: EPA may take- ehfbrcement actions in accordance with 40 GFR 31.43 if the recipient does not mmpiy with M term and condition. 18. CENTRAL CONTRACTOR ReGmTItAMN ANt) UNIVERSAL 1DENTIFii=R WQU&EMEfBTS A. Requirement for Central Contractor Registration (CCR). Unless you are exempted Itorn this requirement under 2 CFR 25.410, you as the recipient must maintain the currency of your Information in the CCR until you submit the final Onanciat report required under this award or receive the final payment; Whichever is later. This requires that you review and update the Information at feast annually after the Initial regisbation, and morb frequently if required by changes in your information or another award term. B. Requirement for Data Universal Numbering.System (DUNS) number;. if you are auttiorized to make subawards under this award, you: I. Must notify pdferdial subredpients that no entity (see defrnitidn in paragraph C of this award term) may receive a subaward from you unless the entity has provided its DUNS number to you. 2. May not make a subaward to an entity unless the Witty has provided Its DUNS number to you. C. Definitions. For-purposes of this award term: 1. Central Contractor Registration (CCR) means the Federal repository Into which an entity must provide information required for the conduct of business as a recipient. Additional Information about registration procedures may be found at the CCR Internet site, (currently at htfpWWww.ccr gov). 2. Data Universal Numbering System (DUNS) number means the nine-digit number established and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities. A DUNS number may be obtained from D$B by telephone (currently 866 - 705.5711) or the Internet (eurrengy at Mtp1Jf6dgov.dnb.comAvebform). m A Federal agency, but only as a subreofpfent under' an -award or subaward to a non - Federal en*- 4. Subaward: a. This terra means a legatinstnumenl:.6o provide support for the performance of any portion of-the substantfire project or program for which you reoelved this award and that you as tfwedgent award to an sQglbie� scutxecpter>t. b. The therm does not fnclhOs yow procurement of- property and services needed -to carryout—the projector program (fgr furrier snfarnation, see Sea –.210 of the - attachment to OMB Circular A 133, "Audits of States, Local Government% and Won-Profit Organization*. m A subavvard maybe provided throu_*arry legal agreement; Including an agreement that you consider a Contract SU*x4p lent means arreatity that a. Receives a subaward from you under this award; and -b. Is acomintebfa -to your for the uss 4 itre Federal funds provided by the subawrard. Management fees -or similar c mVes In excess of the direct costs and approved Indirect rates are not allowable. The term `management fees or armor charges' refers to enure mss added to the direct costs In order to accu muleeend "reserve 4undafor — arrgcng business s eases, unforeseen ltabil as, or for other similar costs which are root allowable under• thb assistance agreement. Management fees or aimllarchaogm may not be used to Improve or expand the project funded under this agreement, except to the extent aut horned as a diteot oost of carrying out the scope of work Frciarammedc Conditions •1: the grantee agrees to follow procedures contained In the most current edition of the EPA Region 4. A Special Appropriations Projects (SPAPs) Grant Procedures Worftbook (onflne workbook at j�p:// �wweoa, aovheolon�j ►soeclafannroortations.hfr�I ). 2 The grantee shag follow-stl requirements under 4TCFR $ W.36 when promhV eonstructIon contracts Including: assuring full aad operrcompe0on; pro_ curing by federally approved methods; pedbrmkrg a cwVpdoe analysis; and ensuring contracts Include MBEMBE nequh anents, bonding requirements, compliance with federal, state and local laws, inclusion of Part 31.36(1) contract provislonsj and subcontractor requirements. S. The grantee agrees to- obiaUh EPA Project Ofter review and conourrenes of plans and specifications for all construction contra is prior to the adveriisernent for bids. 4. The grantee shall notify the EPA Project Officer of" contract awards made as part of this grant and provide a copy to-EPA if so requested_ 6. In consultation with She EPA Prolect Officer, the grantee shah conduct a pre- consWotion cordererm for each construction contract awarded as part of this grant The grantee vomit assure the EPA that all land, easements, and rights-of-way necessary 1br the construction of the project have been obtained prior to Initiating construction. 7. The grantee will obtain all necessary state and local permits; Including a- permit to construct from the appropriate state agency, coverage under the states NPIDES general permit for construction acHviftes, andfor a Corps of Engineers Section 404 permit (if applicable), prior to Initiating construction. 8. The grantee sbafi submit to the EPA Project Officer a quarterly progress report beginning with the avmrd of thfs grant and a final report pursuant-to 40 CFR $ 31.40. These reports wilt consist of updated progress toward work objectives, problems .encountered, actions taken ID resolve problems and discussion of remaining [mica. This report may be as brief as one page so long as all the requested knformatfon is provided. The items listed below should be addressed, as appropriate: Quarterly Progress Report Outline for Special Appropriations Grants Grant Number. Grantee Name. Project Marne: Etnntee's Authofted Represenh&e. 15 16 a. Whar work was aco mpdshed for this reporting quarto? W What problems, g any, weaa encountered? c. if a problem was encountered, what action was taken kmxrect It? CL is the-projertimrk on schedue? (a) phis quarter? (b) For the project? e: tf the project is- not on schedule what Is propor ed•forammed schedule? f. Does the new schedule require a time extens ion? g. Is there a change Who Grantees Authorized Representative or any of the key contacts? 8. The EPA, aid ItsAelegated representatives, "have access to the project work site and project records at alt ttrnes. 10: The grantee agrees lo-comply with 4n) . FR g 31.31,•w4tich addresses the use and disposal of realproperly acquired urtdwa federal grant 1 t. The grantee has obtained EPA approt®1_for pre -av,aml costs occurring art or slier October 1° to the law of the appropriations rented to land acquisition costs k" ding surveys, appraisals, optiorrsr work. eta. for the project covered by this grant The grantee agrees to submit copies of kwoloss. appraisals, etc. tb EPA for review and approval of these pre -award costs. 12 The graRtea agreesfio comply vrt61 the appii0abla Cross Federal Laws and Atthmitles fisted as an attachment to this grant award docummt 13. The grantee win aubrmlt hth reirnbursernat request (sFa71) and- a*cprtate fnwt." to EPA to obtain reimbumemer& 14. The grantee ls- encouraged io utilbs envirc amentatly preferable practices in the- courseof procuring goods and services under ihls grant: 'Environmentally prey' is ddined as proms or services that have a lesser orreduced effect of human hedli" d the environment Oonskknt on of environmentally prefeable-pracdnes should be consistentwlth price, performance. avagabtiity, and safety conditions. Examples indude: Adding t r*bg factors or contract language for construction contracts for the contractor to: adopt practiaes- reduce idling 4 constr wWri egWpmwt use, clears diesel fuels in construction equipment, Install emisskms retrofits equipment repower construction eWprnent engines, etc. More information en envirumerrtaly prefer" pmctices for constuoUm paojeou can be -found at 3EMSM gQvldeeru soYcrunstruoliorJstrafeafes Mm www e,xi aoo_cie Icor>diructlon/vuh�lyo�uoando ;, and httn / AN woy .epaggVV/gq(�f(vertf- listhtm_ - Construction of burildinas: Adding ranking factors or contract language for the contractor to include green building term sure am designing for energy end water eftideray, using green buiktkag Products, eto. More Irftmatkm on a r*Wmentally preferable practices for greener buildings can be found at; j ;/ � v are�t dtna and f a�txMww wbda.onr. Electronics eaubarn Adding ranking factors or contract language for ErWMg StaO features and EPEAT-reg isred eledronfas dime of electronics In an envimtnm rrMlyy safe manner. More information on pMfeerrabblle ppmct(wa for fnxrics programs t be found at hWxff ww.evosj, o1Qam2�m1.=.asohe equ xruentcan httpJlumrw: ens. govtwaslex�iso /nubel/rnwrmdat4.odf and ttiJtwww eia oavlrea3wandfod i uxg - A/E Services and Construction Servbes: Adding a ranking factor or contract language that gives preference to firms that have an environmental management system (EMS) In-place or a partner In EPA's Performance Track Program demonstmling their commitment w improving the er viroranent through their place of work. Moan Information on EMS and Performance Track can be found at: www.eoamovlems and www.evaoovtoeriormagcetrack Grantees will report arty environmentally prefemebte practices undertaken In the qutartedy progress reports. The Information reported will be used to track EPA's progress in reducing our environmental Impacts. 15. The grantee Is etncoumged to improve the environmental performance of their water and wastewater facilities by developing an environmental management system (EMS). More Wrmation specific to implementing an EMS for water, wastewater, and 17 blosoiids facUlUes can be found at: i tmJlwww.era.00v rnsrnf8a13nas/waierhlm. 98. SuHfdent dress: EPA may terminate the assistartcia agm mwt for facture of The recipient to make sufttctent progress so as % reaasanabiy dnsure completion of the projedtwithin the project period, rftcluding any extertstons. EPA will measure su8fdent progress by examining the performances required under the waxkplan In conjun4an with the milestone schedule, the time remaining for perforrsrenc a wf thfn the project period, arAADr the avaflabi0fy of funds necessary-b complete the project AT -ACyM f v; z 18 RESOLUTION BY GOVERNING BOARD OF APPLICANT WHEREAS, the North Carolina Clean Water Revolving- Loan and, Grant Act of 9987 has _authorized the making of loans and gr1ints_to aid eligible units of government in financing the cost of construction of wastewater treatment words, wastewater collection systems, water supply systems and water conservation projects; and WHEREAS, the North Carolina Department" of Env #ronment and Natural Resources has offered state Revolving Fund Loan in the amount of $ 3,500,000 for the construction of the Effand and Buckhorn Community Sanitary Sewer System Improvements; and, WHEREAS,- Orange County intends to construct -this projectimaccordanm with the approved plans and specifications; NOW THEREFORE, BE IT RESOLVED that the Orange County Board of County -Commissioners does hereby accept the State _Revolving Loan Fund offer of $3,500,000; hereby gives assurance to the North Carolina Department of Environment and Natural Resources that all items specified in the loan offer, Section 11-- Assurances will be adhered to; and that the Cihair of the - Orange County Board of Commissioners and suc oessors so titled, is -hereby authorized and directed to fumish such information as the appropriate State agency may request in connection with such application or the project; to make the assurances as contained above; and to- execute such other documents as may be required in connection with the application. AND BE IT FURTHER RESOLVED that Orange County has substantially compiled or will. substanflaify comply with all Federal, State and local laws, rules, regulations, and ordinances applicable to the project and to Federal and State grants and loans pertaining thereto. Adopted this the.21d day of June 2019 In Orange County, North Carolina, Bernadette Pel #ssier, Chair Orange County Board of Commissioners R-'V%sc� A ,,,. + 3 19 ORANGE COUNTY, NC Sanitary Sewer Imporovements -for Buckhorn Area — North of 1 -85 & -Efland Community Bid Tabulation Bids Due - 2:00 PM, June 23, 2011. Bidder Total Bid Ralph Hodge Construction Wilson, NC $3,709,669.40 Park Construction - Morrisville, -NC $3,758,151.50 H.G. Reynolds Henderson, NC $3,163,694.00 — Sanford Contractors Sanford, NC $3,197,992.79 R.F. Shinn Contractors Midland, NC $4,306,709.00 Sullivan Eastern Durham, NC $3,677,545.00 Triangle Grading & Paving, Inc. Withdrawn J.F. Wilkerson Morrisville, NC $2,942,954.46 Yates Construction Stokesdale, NC $3,786,017.00 RESOLUTION OF AWARD WHEREAS, Orange County, North Carolina has received bids, pursuant to duly- advertised notice therefore, for construction of the Efland and North Buckhorn Sewer Improvements, Project No. CS370884 -01 and STAG Project No: XP= 95456411 -0, and WHEREAS, J.F. Wilkerson Contracting Company, _Inc., was the apparent 2nd lowest bidder on the day of opening for the Efland and North Buckhorn Sewer Improvements Project, in the total - bid amount of $2,942,954.46, and WHEREAS, Orange County has performed due diligence and determined that J_F. Wilkerson Contracting Company, Inc., is the lowest responsive, responsible bidder for this project. NOW, THERE FORE, BE- IT- RESOLVED that-AWARD is madeJo the lowest responsive, responsible bidder in the Total- Bid Amount of $2,942,954.46. Name of Contractor Amount 1. J.F. Wilkerson Contracting Company, Inc. $2,842,954.46 BE IT FURTHER- RESOLVED that such AWARD be contingent upon the approval of the North- Carolina Department of Environment and Natural Resources. Upon motion of , seconded by , the above RESOLUTION was unanimously adopted. This is^, lay of , 2010. (Signature) (Name and Title of Authorized Representative) (Seal) Attest: ( Signature) (Name, Clerk) 4#a."j- 5 CONTRACT (AGREEMENT) ORANGE COUNTY SANITARY SEWER IIWPROVEIVIENTS FOR BUCKHORN AREA NORTH OF 1-85 CENTRAL EFLAND CON-TRACT NO: 2007 -1 THIS AGREEMENT, made this day of between ORANGE COUNTY, Party of the first part, hereinafter called-"OWNER!' and doing business as (an individual), corporation), Party of the second park hereinafter called "CONTRACTOR'. 20__, by and or (a partnership) or (a WTTNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned: 1. The CONTRACTOR will commence and complete the construction work as specified in these Contract Documents. 2. The CONTRACTOR wdl furnish all . of the material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the PROJECT described herein. 3. The CONTRACTOR will commence the work required by the CONTRACT DOCUMENTS not later than -the date set by the OWNER in the NOTICE TO PROCEED and will complete work outlined by the Proposal unless the period for completion is extended otherwise by-the CONTRACT DOCUMENTS. 4. The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with the terms therein for the sum of $ 5. The term "CONTRACT DOCUMENTS" means and includes the following: A- B. C. D. E. F. G. H. I. L K- L. M. N. O. P. Q. F- S. INVITATION-FOR BIDS (ADVERTISEMENT) SPECIAL NOTICE - NORTH CAROLINA SALES TAX INSTRUCTIONS TO BIDDERS GENERAL CONDITIONS -AND SUPPLEMENT TO GENERAL CONDITIONS TECHNICAL SPECIFICATIONS GENERAL DESCRIPTION OF COSTTTEMS BID BOND AND BID FORM CONTRACT (AGREEMENT) PAYMENT BOND PERFORMANCE BOND INSURANCE POLICIES AND CERTIFICATES NOTICE OF AWARD NOTICE TO PROCEED CHANGE ORDER DRAWINGS prepared by Coulter Jewell Thames,-P.A. ADDENDA No. 1 dated June 6 , 20 11 No. 2 dated June 15 No. dated 20 No. dated , 20 POWER OF ATTORNEY N.C. D.O.T. HIGHWAY ENCROACHMENT AGREEMENTS NORFOLK - SOUTHERN RAILROAD ENCROACHMENT AGREEMENTS 6. The OWNER will pay the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS. 111 21 22 SECTION L- QVITNESSETI -L That for and —in consideration of the payments to be made the CONTRACTOR at its, their,: or his own proper cost and expense and with skill and diligence, hereby agrees to do all of the work, furnish• all of the materials, labor .and equipment necessary to 'construct, complete ready for continuous use and place in operation such portion thereof as may be awarded to said Contractor, all an• accordance with the Specifications attached and the Plans and Instructions to Bidders and the Proposal, and such - detailed directions, drawings, and so forth as may be given by the Engineer from time to time during the construction, and in full compliance with the Agreement SECTION 11: The party of the fast part agrees to pay and the party of the second part agrees'to receive the prices stated in the proposal attached hereto in full compensation for furnishing materials and for all labor in moving materials and executing -all the work contemplated in this Contract; and the party of the second _part for said consideration shall be responsible for all loss or damage arising -out of the nature of the work aforesaid or from any action of the elements', or from any unforeseen 'obstruction or difficulties which may be eticountered in the prdseciition I of the work and the delivery of same, and for all risks of every description connected with the work, and furnishing the. materials, .until their final_ completion and acceptance; also for all expense incurred by or in consequence of the suspension or discontinuance of said work and furnishing -said materials, according to the Plans, Specifications, and requirements of the Engineer under them. SECTION TII: Whenever the word "OWNER" is used, it shall be- held to- mean ORANGE 'COUNTY. Whenever the word "CONTRACTOR" is used, it shall be held to mean the Contractor, or firm of Contractors, or any member of the firm contracting for any part of the work or materials herein specified, viz: The party of the second part of this .Agreement, - his their, or its authorized agent Whenever the word `.`ENGINEER" is used, it shall be held to mean the Engineer of Coulter Jewell Thames, P.A., or- his authorized representative, except as specifically provided by the Owner. SECTION IV.' The work shall .be commenced not later than the date set by the Owner in the NOTICE TO . PROCEED and diligently prosecuted to completion within the time stated in the Bid Form; thereafter, with allowance for abnormal weather. Should the work or delivery- of materials be interrupted or delayed by abnormal- weather, the time of completion shall be extended by the amount of time of said'delay or interruption caused -by abnormal weather. Abnormal weather is defined as tornados, hurricanes, floods and excessive - inclement rainy ' weather above and beyond reasonable anticipated rainy weather. For-the purpose of'this Contract,'the Contractor agrees to anticipate and plan for inclement rainy weather for the number of calendar days in accordance with the following table: ALLOWANCE FOR RAINY DAYS / MONTH ' Lanuary 7 April 6 July 8 October 5 February 6 May 7 August 6 November 5 March 7 • June 6 September 5 December 6 No allowance for an extension of the contract time will be- allowed for rainy days until the above allowance has been exceeded for each month. For an allowance of additional time due to rainy weather, the Contractor will need to substantiate to the satisfaction of Orange County that there was an excess of rainy days beyond that referenced in the chart above using data from-the National Weather Service Station at RDU Airport, North Carolina or at another nearby weather station acceptable to Orange County. It is further agreed that the Board of County Commissioners shall have the right at its discretion to- extend the time -for completion of the work. The Contractor agrees to pay to the Owner as liquidated damages the sum of $ 800.00 for each consecutive calendar day that the work remains incomplete between the agreed completion date and the date of actual completion and any adjustments to the date of actual completion so approved by change order by Orange County. SECTION V: The Contractor agrees not to employ an incompetent or disorderly person on the work, and shall employ competent and experienced foremen to be in charge of the work, or subdivisions thereof SECTION VI: The Engineer shall determine the quality and quantity of the several kinds of work and materials which are to. be paid for under this Contract; and shall determine all questions in relation to lines, levels, and dimensions of the work, and in respect of the interpretation of the Plans and Specifications. SECTIONVII: The party of the first part, through the Engineer, shall have the right to make alterations, additions, modifications, or omissions in the Plans and Specifications for the work without notice to the Surety on the Performance and Payment Bonds, and such alterations, additions, modifications, or omissions shall not void or 112 23 violate dris Contract or discharge the Surety from its obligations. Whenever during the progress of the work, any additional work or materials or changes or modifications in -the- work or materials contracted for are agreed upon between the Owner and the Contractor, such additional work--or materials, alterations or modifications shall be considered and treated as though originally contracted for and shall be 7subject t6 all terms and conditions and provisions of the original amount. SECTION VIII: Whenever the Contractor is not upon any part of the work Where it is. desired by the Engineers to give' instructions, the Superintendent or Foreman, who may be in charge of the particular part of said work, shall- receive and obey said instructions from the Engineers, provided such instructions are in compliance with the Contract. SECTION IX: The party of the first part may require the Contractor to fiunish -additional materials, and to do additional work not provided in the Contract or in the Specifications, but which may be found necessary -to the proper prosecution and completion of the work embraced.. in this Contract, at prices to be fixed by the prices named in the Proposal, or on Material and Force Account, with fifteen (15) percent added for overhead and profit No other_ work than-that included in the Contract shall be done, and no additional material shall be furnished by the Contractor without a written order from the Engineers. In the absence of such written order from the Engineers, the Contractor shall not be- entitled to-payment for such additional work. Bills for extra work shall be filed in_tripUcate with the Engineer within 24 hours after such work is done, in order that the Engineer may check and establish the accuracy of the -extra work bills: - In- maldng-- charge-for -extra work, no allowance shall be made for the use of small tools SECTION X The party of the first part - acting through the Engineers reserves the right to place inspectors -on the work -or at the place of shipment, or delivery of materials, or at factory or works of the Contractor, to observe the quality and character of the work done and materials used and the Contractor agrees to- afford said inspectors all proper facilities for carrying out their duties. It is agreed. and understood that the right of the party of the first part through its Engineers, or Inspector, or, other agent to supervise the work and materials, is retained, in order to secure the completion of the work according to the Plans, Specifications, and Contract without unnecessary- inconvenience to the public, but nothing contained in the Contract and Specifications shall be taken or understood to authorize such control of any of his, their, or its obligations, or as to make the Contractor an agent of the party of the first part The Engineer may interpret but -has no power to vary the terms of this Contract and any variation from the terms shall be at the Contractor's own risk- SECTION XI: The Contractor will indemnify -and hold harmless the Owner and-Engineer,- their agents, servants-, and employees, from and against any and all costs, -loss, expense or damage of any kind, including attorney's fees, threatened against or-suffered by said - parties and arising in any matter out of this Contract or this work contemplated by this Contract, due to any act of negligence, omission or commission on his part. Contractor guarantees the faithful performance of the terms of this Contract and the payment for all materials and labor necessary or furnished for the performance of the work hereunder, payment and performance bonds as set forth in the specifications hereto being attached to this Contract and specifically incorporated herein by reference. SECTION MI: The Contractor agrees to Iook after the execution of this Contract personally, and agrees not to assign or sublet any portion of same without the consent of the party of the first part The subletting or assignment of any part of the work by the. Contractor shall not in any way relieve the Contractor of his responsibilities or obligations, and the party of the first part will look to the Contractor and not to the subcontractor or assignee for the faithful performance of the work. SECTION XIII: The Contractor shall immediately remove and reconstruct at his own expense all work or materials not in accordance with this Contract,. and any failure on the part of the Engineer to disapprove of any work or material at or before a monthly estimate, 'or at any other time before the final completion and acceptance of the entire work or material, or any part of it, shall not relieve the Contractor or Surety on his Performance and Payment Bonds from their obligations of faithful performance of the Contract, notwithstanding such work or material may have been estimated and paid for. SECTION XIV: Partial payments will be made once a month on 95 percent of the actual work completed -to the satisfactory of Orange County. There will be no compensation for materials stored on -site. Payment will be based upon completed work at the unit or lump sum prices named in the Items.' Retainage may be reduced to zero percent 113 24 (0� /o) after fifty (50%) billing ai the Owner's discretion provided the Project is on or ahead of schedule and the work - has been determined to be satisfactory_ On the completion of the work, the' Contractor shall proceed with due diligence to measure up the work and - materials and present his monthly pay request. With final payment, -the Contractor will provide Orange County Consent of Surety Company to Final Payment and Contractor's Affidavit of payment of Debts and - Claims forms to the Engineer for review and approval, whereupon the -Owner shall pay, or cause to be paid, such amount less payments previously made. The payment of such final amount shall release the party of-the first part from all claims for work done or materials fiuuished under this Contract SECTION XV: The party of the first part may at anytime require full release of all claims- for materials or labor furnished for this work and may withhold payments of any estimate until same is produced. SECTION XVi: The Contractor shall execute the work in'such -a manner as to be of least inconvenience to the Owner and public. He shall comply- with -ail ordinances and regulations affecting in any manner his work, and all sanitary rules and regulations, taking precaution to avoid creating unsanitary conditions. The Contractor shall acquire all permits necessary to complete the work specified in the Specifications. SECTION XVII: The Contractor further agrees that if the work to be done under this Contract shall be abandoned, or if the Contract shall be assigned by the Contractor otherwise than as herein provided,-or if the Contractor should become insolvent or have a Receiver appointed or voluntarily go into Bankruptcy or be placed in bankruptcy, or if at any tine. the -Engineer -shall •be- o€the. opinion, _and:shall so certify in writing to said Owner -that- the - work -is unnecessarily_ or unreasonably delayed, or that said Contractor . is wilIfiilly violating any terms or conditions -of this Contract, or is not executing the Contract in good faith, or is not making such progress in the execution of said work as to indicate its completion within the time specified, said party of the fast part shall have the right to notify said Contractor-to -discontinue said work or such parts or parts thereof as said party of the first part may designate; and subject to the Surety's rights hereunder said party of the first part shall thereupon have the power and the right to employ by contract or otherwise, and in such manner and at such prices as it may determine, any persons, implements, tools and other means of construction which it may deem necessary to work at and be used to complete the work - herein described or such part or parts of it as said party of the first part may have designated; -also the power to -use such appliances, implements, tools and materials, and means of construction of every description as may be found upon the line, of said work, both such as enter into the completed work and such as are necessarily -used in -and about the same and to procure other materials for the completion of the same, and for carrying out the terms of this Contract;. also to charge the expense of all said superintendence, labor, materials, trucks, machinery, -appliances, implements-, tools, and other means of construction to said Contractor; and the expense so charged shall be deducted and paid by said party of the first part out of such moneys as may be due or become due at any time thereafter to said Contractor, it. is agreed -that said Contractor shall be entitled to receive the difference; and in. case such expense shall exceed the sum which would have been payable under this Contract,, if the same had been completed by said Contractor, then said Contractor shall pay the amount of such excess to the party of the first part on notice from said party of the first part of the excess so due. It is further agreed that neither an extension of time for any reason, beyond that fixed. herein for the completion of such work; nor the. performance and the acceptance of any part of the work; nor delivery and acceptance of any materials called for by this Contract, shall be deemed to be a waiver by said party of the first part of the right to assume control of this Contract for the reason and in the manner hereinbefore provided. SECTION XIII: The Contractor shall be responsible for all fees or claims for any patented invented used by him, and shall defend any suit that may be brought against the party of the first part and shall hold said party of the first part harmless for use or infringements of any patented thing or *method used in connection with the -work herein specified- SECTION ' The Contractor hereby agrees that he has read each and every clause of this Contract and fully understands the The of same, and that he will comply with all of its terms. This Agreement is to be executed in three (3) copies; one copy to be-delivered to the Contractor, one to be retained by the party of the first part, and one to be retained by the Engineer. 114 IN WITNESS VaMREOF, the said Parties have executed this Agreement on the-day and date written by signing in name. its President, the Corporate Seal affixed and attested by its Secretary , all by order of its Board of Directors, the party of the second part and ORANGE COUNTY, party of the first part, has caused this instrument to be executed in its name by the COUNTY BOARD OF COI%MSSIONER:S, attested by the Clerk To The Board and its Official Corporate Seal to be affixed all by order of its County Board of Commissioners, each of which shall without proof or accounting for other counterparts, be deemed an original Contract ATTEST OWNER ORANGE COUNTY BY: Clerk To The Board . ADDRESS: 200 South Cameron Street (SEAL) -. Hillsborough North Carolina 27278 ATTEST TITLE (SEAT.) CONTRACTOR: BY: ADDRESS: This instrument has been pre - audited in the manner required by the Local Government Budget and Fiscal Contract Act. APPROVAL.AS TO FORM: COUNTY ATTORNEY IIMA TITLE: M 115 25 M BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, .as Principal, and Surety, are hereby held and firmly bound unto ORANGE COUNTY as OWNER in the penal sum of for the payment which, well and truly to be made, we-hereby jointly and severally bind ourselves, successors and assigns. Signed this day.of 20 The Condition of the above obligations is such that whereas the Principal has submitted to ORANGE COUNTY a certain BID,-attached-hereto and hereby made a part hereof to enter into _a contma in writing for the If said BID shall be rejected, or If said BID shall be accepted and the Principal shall execute and deliver a contract in the form of Contract attached hereto (properly completed in accordance with said BID) and shall furnish a BOND for his faithful performance of said contract; and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects_performthe agreement created by the acceptance of said BID, then this obligation shall be void, otherwise the same shall remain in force and effect-, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shai[, in no- event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within.-which the OWNER may accept such BID; and 'said Surety does hereby waive notice of any such extension. IN WTINESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to he affixed hereto and these presents to be signed by their proper officers, the day and year set forth above. L.S. Principal Surety By: RAPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State ofNorth Carolina_ 116 27 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENT: that (Name of Contractor) {Address of Contractor) hereinafter called Principal, and (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto ORANGE COUNTY, 200 South Cameron Street, Hillsborough, North Carolina, 27278, hereinafter called OWNER, in the penal sum of Dollars ($ } in lawful money of the United States, for the Payment of which sum _well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into•a certain contract with the OWNER, dated the day of 20 - , a copy of which is hereto attached and made-a part hereof for the construction of NOW THEREFORE, if the Principal shall well, truly, and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof; and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shalt fully indemnify and save harmless the OWNER from all costs and damages which it may suffer.by reason of failure to do so, and shall reimburse and. repay the OWNER all outlay atid expense which the OWNER may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and - effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of tune, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the Specifications accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. 117 28 IN WITNESS WHEkEOF, -this instrument is-executed in _ shall be deemed an original, this the T day of ATTEST: _ Principal (Principal) Secretary BY: (Witness as to Principal) -(SEAL)- Address Address ATTEST: (Surety) Secretary Witness as to Surety- Address - Surety. (SEAL) Attorney -in -Fact Address counterparts, each one of which ,2a NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, ail partners shoulo execute BOND, IMPORTANT: Surety companies -executing BONDS must appear on the Treasury Departments most current list (Circular 570 as amended) and be authorized to transact business in the State of North Carolina. 118 29 PAYMENT BOND KNOW ALL MEN BY THESE PRESENT: that (Name of Contractor) (Address of Contractor) hereinafisr-called. Principal, and (Name of Surety)_ (Address of Surety) ' hereinafter called Surety, are held and firmly bound unto ORANGE COUNTY, 200 South Cameron Street, Hillsborough, North Carolina, 27278, hereinafter called OWNER, in -the penal sum of Dollars ($ ) in lawful money of the United States, for the Payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of , 20 , a copy of which is hereto attached and made a part hereof for the construction of NOW THEREFORE, if the Principal shall promptly make payment to all- persons, firms, SUBCONTRACTORS, and- corporations fumishing-materials for or performing labor- in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof; including all amounts -due for materials, lubricants, oil, gasoline, coat and coke, repairs -on machinery; equipment and took, consumed or used in connection with the construction of such WORK, and insurance premiums on said WORK, and for alI' labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates -and agrees that no change, - extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder- or-the SPECIFICATIONS accompanying the same shall in any -wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED; FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. 119 IN WITNESS WHEREOF, this- fnstiu ent is executed id one of which shall be deemed an original, this the . day of-. -. ATTEST: Principal (Principal) Secretary BY: Witness as to Principal) Address - ATTEST: (SEAL) Address. Surety (surety)_ Secretary (SEAL) Witness as to Surety By-. Attorney -in -Fact Address Address counterparts, each ,20 NOTE: Date of BOND must not be prior to date of Contract If CONTRACTOR is Partnership, all partners should execute BOND. IlvIPORTANT: Surety companies executing BONDS must appear on the Treasury.Deparlment's most current list (Circular 570 as amended) and be authorized to transact business in the State of North Carolina. - l 120 30 31 POWER OF ATTORNEY (Attach Bonding Company's Agent Power. of Attorney) 121 32 ,WSURANCE CERTIFICATE (Attach certificates from insurance companies that Contractor is carrying Public and Employee's Liability Insurance, and V- orkwn's Compensation Insurance, where applicable.) W"A 33 Coulter [Jewell Thames. 711 WEST MAIN STREET DURHAM, NORTH CAROLINA 27781 - p916.684.0268fai8.688.5646 Planning for the tistur®_ ADDENDUM NO 1 JUNE 6, 2011 PROJECT NAME — SANITARY SEWER IMPROVEMENTS FOR BUCKHORN AREA — NORTH OF 1-85 AND EFLAND COMMUNITY OWNER — ORANGE COUNTY ENGINEER — COULTER JEWELL THAMES, P.A. This addendum becomes part of the Contract Documents and modifies the original Bid Documents dated January 27, 2011. Bidders shall- review the addendum and incorporate the modified requirements into their proposals. i The Bidder is required to sign and return a copy of this Addendum with the Bid, and to acknowledge receipt of this Addendum in the space provided on the front page of the Bid Form. 4 1. The Attendance Sign-In-Sheet-from the Pre-Bid Conference held October June 1, 2011 is attached. 2. The - Agenda from the Pre -Bid Conference held October June 1, 2011 is attached. 3. A concern was raised at the Pre -Bid Meeting that Active Shoring maybe required by NCDOT. At this time, there is no reference to Active Shoring in the NCDOT Encroachments for this project. Based on conversation with NCDOT staff, Active Shoring is not expected to be required. 4. A concern was raised at the Pre -Bid Meeting that it maybe helpful for the Owner to insert a Unit Price into the iteipIfon R%k Excavation. A Unit Price for Rock Excavation 11 will not be provided by ttLe, ;Ftq} yl2,ge the Bidder's responsibility to assign appropriate Unit Prices f18 in the Project Manual. a � �ta ` �'- � ...... &Z�& r- p " n 23469 20 Chuck Hill P.E. z Date Coulter Jewell Thames, P.A. Received and Noted by Bidder (Authorized Signature Required) Date E N G I N E E R I N G- P L A N N I N G- L A N D S C A P E A R C H I T E C T U R E ATTENDEE PRE -BID AGENDA (ATTENDANCk) SANITARY SEWER IMPROVEMENTS FOR BUCKHORN AREA — NORTH OF 1.85 AND ULAND COMMUNITY I`IRM JUNE 19 2011 TELEPHONE E -MAIL t e.D /.'0 ,r Ro9�- .��.�...s• r�ra �rs��ew�' G ..T.,��..�3�si S�tB—q�2! Qt.._,.�,�.� ...��o_�.,�..� o.•rciv %�: �C 7"r. "�.so% Gr.•r �✓a t"..fvliy 39G nAr } 93 ' PUA'�tS �it4� `�- g6 $3et • 4 s p Ole jJ AtI- Yt' � LEI )au..1I C. P 10 1?I9 - 73 2.3,w c,.+ w-y e-om ;c tom.. C1i�1`S�d t./J. �ik� .% Nrrn Ct/nt/t1r��'4 z • r r• "37 7;7Amxpw -rrgc Si4HCOM.C>ewrmp,ct 919-Ito - /a/2 C�s� ;ke.C�sanfofoCcmn�'rQQ�vrs�on ��1� M�....»� �� In/,(s��eS� 3.36 -S7� -19 /G �� t.�J'r�so pl' �►•�� .eJ.. w .p 35 Coulter Jewell Thames, PA MAIN OFFICE 111 WEST MAIN STREET ifURHAM. NC 277 -01 p919.682.0868 1919.688.6646 Pianning for the Future PRE -BID AGENDA SANITARY SEWER uffROVEIMENTS ROR BUCKHORN AREA -- NORTH OF I -85 AND EF.LAND CONIVIUNITX + Welcome • Introductions 9 Project Dates o June 1, 2011 o June 8, 2411 o June 15, 2011. o June 23, 2011 o August 1, 2011 o August 23, 2011 o August 31, 2011 o September 30, 2011 Project Description JUNE 4 2011 Pre -Bid Meeting All Questions to Engineer Final Addendum Bids Received (2:00-PAL) Contract Executed by Contractor Anticipated Award Date Contract Executed by Orange County Anticipated Notice To Proceed o 2 project areas, 1 project o Buckhom — S,370 LF - 8" gravity rewer- o Efland — 19,514 LF - 8" gravity sewers 1 - 250 GPM pump station 2,460 LF — 6" DIP force main o Construction Grants & Loans • Proaect Duration 0 450 Calendar Days to Final Completion 0 1 Year Warranty Period . • Bid Process o Review ALL BID DOCUMENTS o Site Visit . o NC Laws for - Public Bidding o 3 Bids rewired or Bids will not be opened o NC General Contractor o Sealed o Identified o Delivery is Bidder's Responsibility o 5% Bid Bond (or deposit) o DBE Forms for 8% MBE Goal and 5% WBE Goal o Sales Tax NOT INCLUDED in Bid Prices o Addenda acknowledged. o All Bid Form Items Filled In o Unit Price Contract • Addenda • Written Questions Accepted • No Questions after June 8 • Questions-answered by Addenda • Bid Evaluation and Award o Licensed o MATH o Bid Bond o DBE o Coulter Jewell Thames o Construction Grants & Loans o Orange County • Contracts o Performance Bond o Payment Bond o Insurance o Retainage Page 2 36 37 Page 3 • Important Points o Review ALL BID DOCUMENTS — they are the CONTRACT DOCUMENTS • Liquidated Damages are $800 per day if Project is late • Sequence of Construction — Buckhom must begin first, and continue to completion. Efland may begin before the completion of Buckhorn, but must not impede the completion of Buckhorn • Erosion Control requirements are shown on the Plans — Include 10 Day Requirement to stabilize disturbed areas • Maintain Water /Sewer Separations — exposing existing utilities in advance is required to insure separations • Detailed Descriptions of Pay Items ' • Buckhorn is in the Mebane sewer system-- Mebane will participate in inspections and approvals • Efland is in the Orange County sewer system — Orange County will . participate in the inspections and approvals • -Sanitary Sewer Connection Details are critical — must be constructed to provide gravity service as shown —minimum grade7 from connecting "Y" is required — service's cross roads with bores (not open qrt) • Force Mak installation is critical — as shown to avoid airpockets • Change Orders must be initiated as soon as possible to accommodate the approval process through CJT, Construction C3rants & Loans, and Orange County • Other Comments • Questions- 0 Close PlannSna for ttta futura- ADDENDUM.NO -2 JUNE 15, 2011 PROZCT NAME — SANITARY SEVER iMPROVEl14ENTS FOR BUCKHORN AREA — NORTH OF Ili AND EFLA.ND COMMUNITY O'VNER — ORANGE COUNTY ENG 1KEER - COULTER JEWELL THAMES, F.A. This addendum becomes part of the Contract Documents and modifies the original Bid Documents dated January 27, 2011. Bidders shall review the addendum and incorporate the modified requirements into their proposals. The Bidder is required to sign and retum a copy of this Addendum with the Bid, and -to acknowtedge receipt of this Addendum in the space provided on the front page of the Bid Form. 1. It is not neoessary to write out all unit prices in words. "Unit Pricer and "Total" entries are required for all line items in the Bid. 2. This Project is not subject to ":Buy America" requirements. 3. The required form .for the NCDDT Bond is attached to this Addendum. 4_ The following language is incorporated into this Project as additions to the General Conditions or the Contract, as appropriate: Supp4em, ental General Conditions 1.02 r'erminafog�r B. Day. Time extensions will not be granted for rain, wind, snow or ether natural phenomena of normal intensity for the locality where work is performed. For purpose of determining extent of delay attributable to unusual weather phenomena, a determination shall be made by comparing the weather for the contract period Involved with the average of the preceding five (5) year climatic range during the same time Interval based on the National Oceanic and Atmospheric - Administration National Weather Service statistics for the locality where work is performed and on daily weather logs kept on the job site by the contractor reflecting the effect of the weather on progress of the work and initialed by the designers for ornitract administrator s) representative. Time extensions for weather delays do not eniitte the contr4actor to "extended overhead" recovery. E N G I N E E R t N G. P L A N N 1 0 6 . L 4 N D S C A P E A R C H I T E C T U R E MAM ARTICLE 9 — ENGINEER'S STATUS DURING CONSTRUCTION 9.02 Owner reserves the right to monitor, .inspect or test the various stages of construction and make -an independent determination as to Contractor's compliance with the Contract Documents. In the event the Owner determines that any aspect of the Work was not in compliance with the Contract Documents, Owner may inform the Engineer and- Engineer shall inspect the Work to ensure Contractor's compliance thereof. Owner's - decision to inspect, monitor or test any aspect of the Work and/or failure inspect, monitor or test, or to inform. Engineer of Contractor's non- compliance with the Drawings and Specifications. or any provision in the Contract Documents in the performance of the Work shall not be construed as a waiver of Engineer's responsibility to supervise, monitor and certify project completion in conformance with the Contract Documents. Additional Contract Provisions Y 5.1 Contract Documents; Priority In the event of any inconsistency between the Contract Documents, the - Contract Documents shall be interpreted mi the following- order of priority: I . The Contract (including of the Agreement and any amendments, Cbange Orders, General Conditions and Supplement to General Conditions, Insurance Policies and-Certificates, Payment and Performance Bonds) 2. Engineer approved :Drawings and Field Orders 3. Request for Proposals and associated documents (including time Advertisement, Instructions to Bidders; Technical Specifications, General Description of Cost Items, Bid Bond. and Bid Form:, Special Notice -North Carolina Sales Tax) 4. Contraetor's Proposal 5. Other documents related to the project SECTION XI: Indemnify a. The Contractor shall indemnify and hold harmless Owner from any lien of whatever type through time purchase of appropriate bonds and insurance as designated. herein. b. Upon completion of the Work the Contractor shall execute an affidavit stating there are no unpaid, debts ..for any work_ihat has been done or materials that have been furnished to the Project prior to and as of the date of substantial completion and further stating that Contractor shall indemnify, save and protect Owner. and Owner's lender, if any, harmless from and against any and all claims, liabilities, losses, damages; causes of action, and expenses (including court costs and reasonable attorney's fees related thereto) arising out of, in connection with, or resulting from any such debts and liens in a form and substance mutually acceptable to Owner and Contractor. C. By executing this Agreement Contractor agrees to abide by and be bound by the indemnification provisions stated herein. SECTION XIV: Payment and Taxes a. Not later than the fifth (5th) day of each. calendar month the Contractor shall submit to the Engineer, a Request for Payment for work done during the previous calendar month. 1.. The Request for Payment shall be in form of a standardized invoice. or AiA Document G702 -703 appropriately addressed to the Engineer at Coulter Jewell Thames, P.A. and shall show substantially the value of work done during_the.previous calendar month. 2. The Engineer's certification that at -lest seventy -five percent (75 %) of the Work has been satisfactorily completed shall be required for Owner to reduce retainage to zero percent (0 %)- 3. Final payment shall not be due to the Contractor until thirty (30) days after one hundred percent (100 %) of the Work, including punch list work, has been. satisfactorily completed H111 and an appropriate affidavit as required in subsection (b) of this provision, has been received by Owner. b. Should Owner reasonably determine that Contractor has failed to. perform the Work related to a Request for Payment,. Owner, at its discretion may provide the Contractor ten. (10) days to cure the breach. Owner may withhold the accompanying payment without penalty until -such time as Contractor cures the breach, i. Should Contractor or its representatives fail to care the breach within ten (10) days; or fail to reasonably agree to such modified schedule, Owiner may immediately terminate this Agreement in writing, without penalty or incurring fairther obligation to Contractor.. ii. This section shall not be interpreted to limit the definition of breach to the . failure to perform the Work related to a Request for Payment. SECTION X111; Standard of Care d, The-Contractor shall- exercise reasonable care and diligence in performing the Work in accordance with the highest generally accepted- standards of this type of Contractor practice throughout the United States and in accordance with applicable federal, state and local -laws and regulations applicable to the performance -of these services. Contractor is solely responsible for the professional - quality, accuracy and timely completion and/or submission of all work. e. Contractor shall -be responsible for all- errors or omissions, in the performance of the Agreement. Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, .mistakes or conflicts at no additional cost to the Owner. f. Contractor is an independent contractor of Owner. Any and all employees of the Contractor engaged by the Qontractor-in the performance of any work -or services required of the Contxactor under this Agreement, shall be considered employees or agents of the Contractor only and not of the Owner, and any and all claims that may or .might arise under any workers compensation or othsr law or- contract on behalf of said employees while so engaged shall be the sole obligation-and dresponsbility of the Contractor. g. If activities related to the. performance of this Agreement require specific licenses, certifications, or related credentials Contractor represents that it and/or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. SECTION XX: Insurance and Bonds a. Minimum requirements — The Contractor shall obtain, at its sole expense, all insurance required under this Agreement and the Contractor shall not commence work until: such insurance is in force nor shall the Contractor allow any Subcontractor to commence work on its subcontract until all insurance required to be procured by Subcontractors hereunder has been so obtained by or for the Subcontractor. Ail. required insurance shall be procured from insurance companies licensed to do business in North. Carolina with a Best`s Insurance Guide Rating of A- or better. Coverage for the following types of insurance shall be maintained continuously during the life of the Project until Final Completion of-the Work. Coverages shall be maintained continuously .during the life of the Project until Final Completion of the Work for the .f©llowing types of insurance in the amounts listed: i. Worker's Compensation. Insurance with limits for Coverage A Statutory - State of North Carolina and Coverage B Employers. Liability $500,000 each accident and policy limit and disease each employee. u. Comprehensive General Liability and Property Damage Insurance ($500,000 Each Occurrence; $1,000;000 Aggregate)- 41 iii. Contractual Liability (Bodily Injury. and Property Damage $500,000 Each Occurrence; Property Damage $1,000,000 Aggregate). iv. Personal Injury, with Employment Exclusion deleted ($1,000,000 Aggregate). V. Comprehensive Automobile Liability Insurance (Bodily Injury $100,000 Each Person/Each Accident, $300,000 Each Occurrence;. Property Damage $100,000 Each Occurrence). b. .Additional Insured --The Owner shall be named as additional insured on all farms of insurance except Worker's Compensation. Each certificate of insurance and policy required. hereunder, except the worker's compensation policy, shall bear the provision that "The policy cannot be canceled or reduced in amount and that coverage cannot be eliminated-in less than thirty (30) days after mailing written, notice to the Owner of such alteration, cancellation, or elimination, the - written notice to be sent by Certified. Mail." c. Performance Bonds — Contractor shall furnish bonds covering the faithful performance of the Contract and payment of.all obligations arising under any of the Contract Documents or related- in any way to- the Work- Contractor -shall immediately furnish a copy of such bonds to any requesting person who appears to be a potential beneficiary of bonds covering payment obligations arising under any of the Contract Documents. SECTION XXI:. Non - Appropriation a. Contractor acknowledges that Owner is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. b. In the event that public. funds are unavailable and not appropriated for the performance of Owner's obligations under this Agreement, then this Agreement shall automatically expire without pej)alty to Owner immediately upon written notice to- Contractor of the unavailability and non_ appropriation -of public funds. It is expressly agreed that Owner shall not activate this non- appropriati:on::provision for its convenience or to circumvent --the requirements of this Agreement, bu.tbtily as an emergency. .fiscal measure during a substantial fiscal crisis. C, In the event of a change in the Owner's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects Owner's. authority to continue its obligations under this Agreement, .then this Agreement shall automatically terminate without penalty to Owner upon written notice. to Contractor of such Iimitation or change in. Owner's legal authority. SECTION XXII: Miscellaneous a. Waiver: No .act or failure to act by the Owner or Contractor shalt constitute a waiver of any right or duty granted their under the Contract Documents, nor shall any act or failure to act constituteany approval except as specifically agreed in writing. b. Governing Law and Jurisdiction: The laws of the State of North Carolina shall apply to the interpretation and enforcement of this Agreement. Any and all suits or actions to enforce, interpret or seek damages with respect to any. provision of, or the performance or nonperformance of, this Agreement or the Contract shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina and it is agreed by the parties thatno'other court shall have jurisdiction or vetzue with respect to such suits or actions. !' c. Claims: Notice of an claim b Owner or Contractor must be initiated -, Y Y by written notice to the other Patty within thirty (30) .days of the occurrence of the event giving rise to the claim or within thirty (30) days of the discovery of the event or condition giving rise to the claim, whichever is later. 4 f ti L Should -any claim be made, regardless of whether such claim is made by Owner or Contractor, Contractor shall continue to faithfully and diligently perform the Work in such a manner as-to meet all scheduled timelines. Any failure to faithfully and diligently perfonn the Work may be deemed, by the Owner, a breach of the Contract. ii. if a claim is made such claim shall be made to the initial decision maker, if applicable, who may request more. supporting data, reject the claim in whole or in part:, approve the claim in whole or in part: or advisethe.parties the claim is unable to be resolved. iii. If a claim is RpA4�� the Owner the Owner may, but is-not obligated to, notify the Surety. H C�4 �r f A� ; 16t�k— 02 3481Chuck Hill P.E. ��'y , fi — ' Date Coulter Jewell Thames., G'1NF -0 : At Received and Noted by Bidder (Authorized Signature Required) Date 42 PERFORMANCE AND INDEMNITY BOND NORTH CAROLINA DEPARTMENT OF TRANSPORTATION - HIGHWAY ENCROACHMENT INSTALLATION PRINCIPAL (Contractor for second party -to encroachment agreement) SURETY AMOUNT OF BOND DATE OF BOND DESCRIPTION OF ENCROACHMENT AGREEMENT: Route or Highway No. County Date of Encroachment Agreement Specific Location of Encroachment: Between & Type of Encroachment (Water, sewer, gas, etc.) Second party to Encroachment Agreement 43 KNOW ALL MEN BY THESE PRESENTS, That we the PRINCIPAL and SURETY above named, are held and firmly -bound unto the Department-of Transportation; an agency_of_the_ _State._of North Carolina, hereinafter call the DEPARTMENT, in the amount stated above -for the payment for which sum we bind ourselves, our heirs, executors,_ administrators, and _successors, jointly and severally, firmly by these presents. THE CONDITION -OF THIS OBLIGATION IS SUCH, that whereas the above indicated second -party to an -Encroachment Agreement named above entered into an Encroachment Agreement with the DEPARTMENT, and the PRINCIPAL (contractor) entered into a contract with the said second party to an Encroachment Agreement named above to perform certain work, including'the installation or relocation of certain encroachments described in a-certain Encroachment Agreement with the DEPARTMENT hereinabove described and incorporated herein by reference; NOW, THEREFORE, if the PRINCIPAL shall well and truly install the said encroaching facilities on and along the highway in accordance with the "Policies and Procedures for Accommodating Utilities on Highway Rights of Way" and any supplements thereto and in accordance with the other provisions.of the said Encroachment Agreement, and shall indemnify the DEPARTMENT for the failure to install the encroachments in accordance with the foregoing manual and provisions of the said Encroachment Agreement, then, this obligation to be void; otherwise to remain in full force and effect. 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. (Seal of Principal) ATTEST: PRINCIPAL (Type Name of Principal) Clerk or Secretary (Seal of Surety)- MM President or Vice President (Delete Inappropriate Title) (Name of SURETY) BY: Attorney -in -Fact NOTE: Attach -Power of Attorney and Certificate of Authority of Attorney -in -Fact. FORM R/W 16A (This form to be used only by Contractor for second party to encroachment agreement.) RNV (16A) : Party of the Second Part certifies that this agreement is true and accurate copy of the form R/W (16A) incorporating all revisions to date.