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HomeMy WebLinkAboutAgenda - 08-23-2011 - 8cREVISED 8/23/11 (~~ ~ "oc ~ ~ ~ ~ Qo~~ 8/23/11 BOCC Regular Meeting Abstract and Attachment 3 -See Highlighted Portions ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting 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, Financial Services, Asset Management Services {AMS) PUBLIC HEARING: (Y/N~ N ATTACHMENT(S): INFORMATION CONTACT: 1. Notice and Acceptance of EPA Frank W. Clifton,. Jr., Co. Manager, Special Appropriations Grant Funds 245-2300 2. Acceptance of State Revo_Iving Loan Craig Benedict, Planning Director, -and Conditions by Resolution 245-2592 3. ~id TabWation 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 IVo. 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 S , 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. Authorize the County Manager tc~ enter into an agreement regarding the withdrawal of the bid' submitted by Triangle Grading 8~ Paving of Burlington, North Carolina:,......... 2 1.b. 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 on be-half 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 GRAM-T FUNDS FOR CONSTRUCTfON OF THE CENTRAL EFLAND & NORTH BUGKHDRN SEWER IMPROVEMENTS PURPOSE: To consider accepting the EPA. Special Appropriations (SPAP) grant funds for construction- of the Central Efland and North Buckhorn Sewer Improvements. BACKGROUND: In both 2003-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 toan acceptance. The net of the finco 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 BOGC 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. FINANCIAL 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. Tf3e payments for the SRF loan arm 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 Arrrendment #1=A below provides details of the proposed budget. Central Efland and Northern Buckhorn Sewer Project: Project # 30042 Revenues for this project: FY2010-11 Amendments Aug. 23, 2011 Amendment FY 2011-12 Revised EPA SPAP Grant $1,348,400 $1,348,400 State Revolvin Loan Funds 3,500,000 3,500,000 Total Pro'ect Revenues $4,848,400 $4,848,400 Appropriated for this project: Prior Years Amendment Aug. 23, 2011 Amendment FY 2011-12 Revised Professional Services $ 519,000 $ 519,000 Construction 4,304,400 4,304,400 Other 25,000 25,000 Total Pro'ect A ro nation $4,848,400 $4,848,400 The larger budget amount in excess of the bid award will be explained below in section B.S. B. BID AWARD AND CONSTRUCTION PURPOSE: B.1.a - Ta authorize the County Manager to enter into an.agreement'regardng tle withdrawal of the bid submitted``by Triangle Grading & Paving of Burlington, North Carolina, and B.1.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 I-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. Subsequent to the ©pening of the bids on June 23,'2011, a difference s~# apinior~'arase be#ween Triangle Grading :&' laving and County Staff Darer the parties' respec~ve "rights and obligations arising ;out of the t~idding process. In order #o avoid a legal dispute, .Staff lisis recommended that f Trienglew'Gi-adrig and Paving's ._bid he teemed ` to have been timely twithdrawn, wii~hou 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, 2011. 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 loaves#, responsive and responsible bidder for this projec#. Because this project is funded by both. an EPA Special Appropriations Grant and a Sta#e 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&t office on nr 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 req-wires 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 `OUTFACE' 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 Brookhnllow Road (BRCS) 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 BRCS 'is `downstream' frorrr 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 BRCS. This alternate design accomplishes several goals: 1. Eliminates the need for a new lift station (BRCS) 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 BRAS 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 ~Iternate which enhances the existing and proposed systems. Projected monies from EPA and SRF sources can accommodate the -original and alterna#e design because of lower construction bids. The difference between the bid and the t~udget 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. Autht~rize'' the bounty M~riager to enter :into a~n agreement regarding' the withdrawal of ,the bitl submitted;.'by Triangle Grading & P~vir~g of Ba.~rlingt~n Nortkt Carolina; 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 5}, pending execution of bonds, 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. ~ ~T~~~ ~ ~ ~n/ XP - 95456411-- o Page 1 ASSISTANCE ID NO. ~~-~~.e ~'~qr v ~ ~~~RO~~~~°~'p~ PRf~ bOC ID AM+ENB# WARb ~ ~ . . 2/-1612010 '~ 7 XP - 954~ta~411 - o u ~RC~TIECTION ACEIVCY a MAILING DATE ~~~ ACT30N TYPE p1 New - 12!23/2010 iii Z ~ ~ tai•ant Agreemertt PAYNfEN7 iJlETiiOA: ' A~ ~ E~, ~ Reimbursement -PEND ~C P'FtO~t' RECiPIENTTYPE: Send Payment Request to: County Dayiti Flolroyzl, Watet•Prolection Division, 4D44 562-9228 ftECIP1ENT: - PAYI=E: Orange Co Planning & inspec8ons Dept. Orange County_ Planning and Inspection Department 200 S. Cameron st 200 S. Cameron St H311sborough, NC 27278 _ WAlsborough, NG 27278 EIN: 66-6000327 PROJECT MANAGER EPA PROJECT QFI=ICE R -EPA GRANT Sp~C1,aL1ST Clarence Grier Arthur Buff ~ Kenny Wchardson 200 S. Carneron St 61 Forsyth Street Grants Management rlffice tifltsboraugh, NC 272.78• Atlanta, GA_303Q~896Q F~Ylall: richardson.kenriy~epa_gov E-Mali: cgrier@co.oTange.no.us E-Mall: Buif.Arthur~epa.gov - ~ Phone:.d04-562-9021 Phone: 9132~i&2453 Phone: 404-5~i2-9336 PROJECT TITLE AND D)=SCRfF'TION Congresslonaf[yMundated Projects This action approves an award in ihe-amount of 51,348,400 to Orange County - Eland Coomtfiunity San'stary Sewer to provide sanitary sewer service to the Efland and Buddtorfl communities, Sewer service in the Efland communiiy vriN consist of approximately 19,982 #eet of t3-loch gravity sewer, a 250 gal}on par minute pump station and 2,4ti0 feet of 6-[nctr force main. Wastewater collected from the proposed-sewer system will be pumped to Effand's existlng• McGowan Road Pump 5iathm and then transported loahe Town-of Hfltsboroueh's 3.0 million gaibns per day (MGb) wasiewater treatment plant Service in the Buckhom~corrarwnity will fndude approximately 5,37fJ feet of-8-inch gravity sewer. Wastewater collected from the prapase~d-sewersystemwill flaw to the I ndustriaE Drive Pump Sha$on wirers It vrlil be puhrped to the City of iNebane's 2.5 MGD wasEewater treatment plant A Categorise! ExGusion (CE) was issued for th(s projed.Ap~tl 29, 2090. The Efland portion of the propose protect is lacathd tn•tha Upper Neuse Watershed, Hydrologic Unit code 03020201 and the Buckhom portlon of the pYOprxsatt proJeat is located in-the Haw Wata3rst-ed, Hydrologic t•Jnlt osde D3030002. BUDGET PERIOD PROJECT PERIOD •~ TOTAL ~tfAGET PEIpIOD CAST Tr3TAL PROJECt PERIOD COST f210U2004 - 12fS112013 12!01/2004 - 12/39/2073 54,693,101.00 $4,693,101.00 NOTICE OF AVIfAR-U ~ • Based on your appiicafion dated 03!0212010, including ail modificeilons and amendments, the lJ~lited Slates acting by and through the U5 Environments! Protectlon Agency (EPA), hereby awards 51,345,400. EPA agrees to psi-strare 28.73% of aU approved b'udget~edod casts incurred, up to and not exceedin total federal funding of $1,348,40p. Such award may be terminated by EPA witlrout further taus®If the recipient fafis tv provide t[rrrely atflmwtion of the award by signing under the Affirmation of Award section and retuminH elf pages of this agnaarni3nt to the Grants Management Office listed below wittiln 21 days after receipt, or any extension of tlme, as may be granted by EPA. 'fhls agreement is subject to applicable EPA statutory provisbns. The appNcable regulatory provisions are 40 CFR ChaptEr 1, Subchapter B, and alt terms and conditions of this agreemenk and any attachments. ISSUING OFFICE (GRANTS MANACxEMEfHT OFFICE AWARD APPROVAL t7FFIGE ORGANIZATION l-ADDRESS ORtaAN12A790N f ADDRESS U.S. EPA, i2egion A- 61 Forsyth Street _ Water Protedton Division Atlanta, GA 30303-8960 '61 Forsyth Street Atlanta,-GA 30303-8960 'CNE WNITED STATES OF AMERICA BY THE US. ENVIRONMENTAL Pt20TECTION AGENCY SIGNATURE OF AWARD OFFICIAL TYPED NA{i'AE RMD TffLE ' DATE 12!1612010 iBciai Digitak stgnature applied by EPA Award O ' Elaine Curies, Grants Management Officer AFFIRIUTATIO~i OF AWARI] BYAh[D ON BEHALF OF THE t)ESiGNATER R~EGIP76N70RGANfZ;><TION SIGNATURE TYPED NAME AND TITLE D~ ~ ! y Frank W_ Clliton, Couniy Manager EPA Funding infornl~tion xP-s54ss*~11-0 Paget ~Dg POR[i~R AWARiI• THIS ACTION AMENDED TOTAL EPA Amo~tnt'Tfi(s Action $ $1,34,9.400 $1.348.400 EPA indGnd Amount ~ $ $ 0 Unexpended Prlw' Year Balance $ ~ $ 0 fluter federal vends ~ $ $ $ 0 Recipient Contriitution $ $ $ 0 State Contribution $ $ $ Q Local Contribution ~ $ $ $ 0 Other Contribu#iori $ $ 3,344.701 $ 3,344;701 Albwable Project Cost $ 0 $ 4y693,101 $ 4,693;101 Consolidated Approprtattons Act of 2005 (PL ~ 40 CFR PART' 31 ApPropri$ticns t~esolutbn 2003 (PL Fiscal- Site Naq~e lieq~No FY gpprop. Cods Budget Organizatfon PfiC Ob Gass S(t~elProject Cost Otgan(zation - Obligation! Deo6iigatton _ ' 1104VK1 i 1 E 04 202851 41 1.3413, 1 ~~~ XP -95456411 -0- Page ~- prove d- Rudge~ Program Element Classlficatian (Construction) 1~proved AIlaanraWa Budget Period Cost 1. Rdministratton Expense $p 2 Preliminary Expense $Q 3. Land Struotu~re, Right Of Way $p '4.=Architecturaf-Englneering Basic Fees $p '~. Other grchiEscturaf Engineering Fees $0 5. Project inspecHan Fees $0 7. Land Development $0 8. Fieiocatian Expenses $0 B. RNoaatlon iyayments to lncfividuais & Bus. $p . 1a. Demc;li#ion and Removal °$0 11. Construction and Project haprovetnent ,$4 b'93,iai i2. Equtpmea~t $o 13. Wtsce[iareeous $Q 'fA~. Totaf (Lines i thrq i3) $4,B9:i,1 W i5. Estimate income $Q• 18„ f~Fet ProjedAiaount {Line 14 minus i5) $4 893,iQ1_ i7. Less: Inellgibie Exclttslons $0 18. Axic#: Condbga7rCtes $0~ i9. Total (Share: t3ecfp 71. Fed 28.73°k~ $4,693,f01 2Q TOTAL APPHOVEDASSlSTANCi3 AAAOU(YT $!,348,400 10 Admir~rstratiye Condition. 't. PROCUREMENT FQta_ENGtN~EftiNd AND QT[iEti pROFESSIQIVAL SF.RV(GE5 XP - 86465411- 0 Page 4 " The costs of professianafengrneering and any-0ther professbnal services contracts procured fn oompliarrce with the-mit;imtgrt standards for procurement render grants (see 40 CFR 31.36] are allowable costs for relmtwrsement with grant funds, hio grant fuixis may bs used to reimburse the federal share of any engineering or other professions) services oontract(sj found to be fn• noncampllance with the grant procurement regulations. ZNete: a1i project expenditures are de~ned t~ fndtxie both the Federal and nonfederal shares. The recipient agrees to conduct all procurement for enyneetfng and oti5er professional services In compliance with 40 CFR 31.36(b)-(k). T-he recipient:-a~ agrees to st~mitto EPA fOrpre-award and/or post award review procurement documents dncluding, but not limEted to: sefeotion pnx:edures, requests foc.quaitficatlons and/or preposais, evaluation metiiodology and results, memorandum of review or rte9.atiatlott, rest analyses, proposed contract documents, etc. No payments rrlay bs made Under this gran[ urti~ EPA has received and.ret+ieuved the procurement doctnttertts for compliance with the minimtgn standards for. procurement. ~. PROGUREMF~7~t?R Ct}IQSTRUCTiON The-cost Of construction contracts procured Irt camp>Fatlce with the minimum standands for procutement tender-grartts (see 40 CFR 31.36] are aNowab[e costa for reimbursement with grant funds. Nogrent bards tray be used to relmlwtse the federal share-oEany ccrtstnx~lott contract(s) found to be in nortr~trtpllance wish the ~rartt procurement regulations. (iVote: aA ptx>ject expertdfttxes are deemed th krcluda both the federa(-and nonfederal stiares~ - The na;ipienta~ees tac~rtduct a4 proct~ement f~ construction. fn ootrtplianoe witi~r 40 CFR 3i.36(bj~ and include the "EPA Supptemenfal-t;3eneral Conditlorrs for Federaliy Assisted Constructfori Contracts` (ano~sed) inoiudbug Mlnorityr Business En~ptfise and Women's Rusfness FltterpriseCoais In any bidding~toctmtertts. The recipient also agrees to sUbmttte EPA for pre-av~rd- arx!/or post award review pror~entenf docunrenfs &tdtxfwg, brit net thafted to: hflr[tatlorrs for bids. Independent cast estimates, b1d dootunetrts, d!sadvantagad business enterprise doctsrtetrtation, arse. No payments may be made under this grant units SPA has reviewed the oor~trtrdton procurement docrxrtents for compllanoe_with _the mh-imrmt standards for procurerneht 3, I,OBBYItit<: - AiL RECII~t ')-Ile reo~lent agrees to comply with T{tIa +t0 GFt3 Part 34, New Res67ctlans orr•Lobbylrrgr. The recipient shall include the language 01 this ptovGsian ~ award documents for all subawards exceeding $100,000, and require that subreclpiehts sulxnR certlticaticn and disdostx~e forms aacordtngly. [n accordance with the ByrctArrtt-LobbyEng Amendment, any recipient who makes a proh~fted expenditure under Title 4o CFR G'art 3¢ or fails to fJ[e the required oertttkation or lobbying forms shah be sut~ect m a civil penalty of not Jess than $10,060 and noE more than $100,000 for each such expenditure. 4. LdBeYtl'tQ AfdD LRTGATION At.i., RECIPti~ Tt1e chief executive officer of this rec~lent agency strdli ensure that no grant funds awarded under this assistance agreement are used to engag® hi lobbying of rite Federal Government or irr litigation against the united States unless au8rorized trnitet existing law The raoipferlt shat! abide by its respective OM8 Circular (A-21, A-87, or A-122), which proh~ils the use of ledetai grantfunds for llttgation against the United Stales or for lobbying or other political activ]ttes. . 5. RECYCt_INC~'T~RdA ANIT.WN1N7idtri -1n aa;ardanee vYtth EPA OMer i 000.25 and Executive Order 13101, Qreerting the Govemtnelrt 7i-votxJh Waste t~trent+on, Aecyc!irrg, and Federaf Acquisition, the recipient agrees th use recycled paper for aU reports which are prepared as a part of this agreement and delivered to EPA. This requirement does trot apply to reports pn~ared on fiorms supplied by EPA, or to Standard Faints, which are printed on recycled paper and are auailable through the {3eneral SenricasAdminisbration. Please Hots that Sectioon 901 of EO. 73101, dated September 14, 19913, revoked E.O.12873, Federal Acquisr~ion, Recyc!rng, arrd Vlfaste PreverKion in its entirety. Any State agency or agency of a poiitlcai subdiv(sion of a State whict- is using appropriated Federal funds shalt comply ~th the requirements set forth in Section 8002 of the Resource Conservation and Recovery Act (RCRA} 142 U.S.C, s9s2j. Regulations issued tinder RCRA Section 13002 apply to any acquisition of an item where the punthase price exceeds $10,000 eY where the quantity of sudr items acquired in the course of the precedktg fiscal year was $10,000 or more. RCRA Section 6002 requires that preference be given in procurement programs to the purchase of specific products coniatning recycled materials fdentTied'at guidelines developed by EPA. These guidelines are •]lsted in 40 CFR 247. 11 B. FULLY !rtlNDED. I+ARMARiCS For fully funded agreerrtents-based on an earmark irPA is fuiiyfunding this assistance agreement based on the terms of a congressional earmark. tf future earmarks are not provided for this project and recipient, supplemental funding for. this project is not guaranteed. . 7. -HtS7QRfC PROPER7~~S The recipient agrees is consuitanrtlh the appropriate State Office in the idenTlffcatlon and evatuatlon of arty pre-1945 stnrcturss which may be impacted by scheduled praject act"ivitias, or properties kcated adjacrettt to rite activities areas. The recipient agrees fo compty+ndth-effods to identify, e~rafuate and appropriately design project acftvtttes to avoid or minErrtfze adverse proj~t impacts ba anyttistotlc propettles listed, or which satisfy tha-criteria for eligibility for iist~{36''OFR 6D.4), in ttte National Register of Historic Poses. s. ~ROV1sioNs The provisions of the "Award of Grants and (:ooperattve Agreements for the Spec~i Projecxs and Programs Autho-ize<i by the frrco~rpo~rate~rlfi~~ by rr~ot~xf~ s Act dated Juty 22, 2003 and FY Zoos, Approptiatlons Act" dated June 8, 7A(15, {enclosed) ~ '9. StlSPENSIOtq•!~D DtBAR1AF_Ni'=ALL RECtPt~~ ReclpientshaiLfirliy oompiy with 5ubpertC of 2 CFR Part 180 anti 2 CFR Part 3532. enthted'Rssponsdx'~ties of Pattic~a~nts Regarding Transactlons {going 8trstness with Other"Pefsons)." Recipient fs responsible for ensuring that any tower tier osvered transacilert as described in Subpart B of 2 CFR Pact 180 and 2 CFR Part 1 s32, eniitted "Covered Transactions: lnoiudes a term or condition r+aq~rtrtg cornpilance with Subpart C: Recipient is responsible for t~uther requiring the inclusion o€a similar temt~or condition in any subsequent lower filar covered transactions. Reclptent aclawWledges #hat felting todtsofoss the information as required at 2 CFii-18(1.335 may resuitin the daisy or negation of fh~~ssislance agreeaisnt; or pursuance of legal remedies, including suspenslen and debarment. Recipient may access the 4xit~ded Parties List System at v+ww.eots.cov. This--term and condition supersedes EPA Form s7o0,49, . "Certiticatlon Regarding Debarment, Suspension, and Other' Fiesporisleiiity Matters' . 10. THIRD PAR'f1Y FUt1iDS OR SERVIGES CQIIiDITigN Th1s offer ismade oaitingent uportl;PA receipt and review of evidence chat ftrrn commitmenbe for all sources of required matching share for this EPA grant are fp effect prior to advertising far bids ~ the proect This contingency includes third prarly sources .where~tEtird parties errs ht any manner famishing fiords or services whldt wtl ire used as required maichkig share for this EPA grant. No payments wiEi be-tnade by EtsA under this assistance agreement until EPA ties received arxYrevrewed tile requested documentation. 11. EPq PARTIC1PAi7QtY Th(s award and dse resultir-g ratio of fund[ng fs based on est6rtated costs requested in the appticafton. EE'A participation lathe tirtal- totat aliawabis programlproject costs (outlays) shall not exceed the sta#utory iTrnttat?on {s5°kj of total aitawabie program/projeot costs or the tout funds awarded, ~tlohever is tower. 12. T}RUG~REE WORta'LACE CERTIFlCATIOfd FaR ALL Et'A Rt±CEPIENTS . The recfpterrt organization of this EPA assistance agreement must matte art ongoing. good faith effort to maintain a dnrg-free vrorkplace pursuant to the speciffo requirements set forth in Title 40 CFR 36.200 -36.230. Additionally, fn accordance with these regulations, the recipient organfxation must idengfy all iQtown workplaces under its federal awards, andkeepthis-Information ort flie dudrig.lhe perfolrriance of the. award. Those recipients who are Indivk#uals must comply with the drug~ree provisions set forth In 7ttle 40 CFR 36.300. The consequences for violating this condition are defailed under`i'itle 40 CFR 36.510. Recipients can access the Code of Federa! Regulations (C1=R) Tine 4o Part 36 at fittn•tA.+y nv access gpa govJnara/ctr/walsldx Og/40rifr36 06.htm1 13. HOTEL-MOTEi, FIRE SAFETY Pursuant to-40 CFR 30.16, if applkable,'and 15 USC 2225x, the recipient agrees to enstme thsi all space for conferences, meetings, conventions, or training sem (Wars fimded In whole or in part with federa(iunds complies with the protection and control guidelines of ilia Hotel and Motel Firs Safety Aot (PL 101-391, as amended). Recipients may search the Note!-Motet i~[ational Master List at httpJ/www.usfa.dhs.gov/appllcaitons/hobai/ to-see If a propetiy is in compitancs {FEMA ID is currently nat required), or to find other information about theAct, 14. DOSADVA G1=D ifSiHESS E RESE t3 CUNE7ITlO OA [d0 ~^AF C1PIENT 12 &F~iERAL COfGtPLfAIUCE,.40 CFI Part 33 The recipient agrees to compiy with the regtrirsments-of EPA`s F?rogram for Utliizatiatt~f Small, Aflinarity and Women's Business Enterprises Iri procurement under assistance agreer~nents, cortiained in 40 CFR, Part33. ' FAIR SHARE 08JECTNE'S, 40 CFR, Part 33, Subpart A A recipient must negotiate-with the appropriate FAA award affictal, or hlsJh~ designee, air share obJectives for MBE and .WBE (MBEl1NBE') par'tlcipation•in proctxement under theflnandat assistance agreements. Accepting titre Fair Share Ob[ectfveslGoals of Another Recipient The dollar amount of this assistance ar~eemErtt is $250,tf80, or more; or the total dollar amount of-a(i of ffie reclpienYs non TAG assistance agreements from EPA in the portent ftscaf year is $25Q000, or more. The recipient accepts gta appticab~ M8F1W8FfafrsharaobJecttveslgoals negotiated with EPA bytheState-of Diarfh C~otina esfofiows: MBE: C~[ZS71iUCTION 8.Q°k; SUPPLIES 7.0%; SERVICES 7.D9G; EQUIPMtBdi' 7.4% WBE: GOIVSTFitSCT10Pl 5.096; SUPPLIES 9.1196; SERVIr~g 9.0%; EQUIPMRV7 g0% By~lgning ails fitranciaE assistance agreemetr~ the.recipiertt is accepting the falrshare_obJectives/goais Mated-abavaand attests ta•tfle fact that ft is purchasing the same or shrtRar construction, suppNes, setvices.artd equipment, in the same or similar relevant geograph[c buyhag market as the State of Worth Car'ollna. Negot3ating-~atr sHai'e Ob[edd~tes/Goaisy 48 CFR,-Sectlon 33:404 The recipient ttas 4he option to negot~te its own MBENVBE Tait share objectiveslgoals. Ff the recipient wishes to negotiate Its own~AABE{WBE fair share objec~res/goals, the reelpferrt agrees to submit proposed MBE/WBE -ob[eotives/goals based on an avaUatilUty artatysis, or disparltystudy,-of quallfled MBEs and iMBEs in ttreir relevant geograptdo buylrrg marketforconstnrctlon, senv[aes, supplies and equ"~menL Tdg subm lesion of t9roposed fair share goals wlffi the suppwttng analysis yr disparity study means-that the rer~pi~rt is not ~coepting the felt share obJet~ivesJgoals of another recipient. Tfie recipient agrees to submit proposed fak share abJectiveslgoais, together wtththe supporting avaHabtlltSr analysis or disparity study,.to the [tegtctta! f~ElWL3E Coordinator within' i"20 days oflts~tcceptance of the fftrariciai assistance award. EPA tna"U respond to the proposed fair share ob[e~+e/goais w[tftin 2D days of receivhg the submission. If proposed fair share objectivdgoals era riot received withirrthe 120 day thne frame, the recipient may trot expand its >Cf'A funds for procxtremetrts until the proposed felt share ob[ectf~relgoais are submtfted. SRC GOOD FAPI'H EFFt~R75, 4fl Ct=R, Part 33, Subpaif C - t'txsuant to 40 CFR, Section 33.30f, the recipient agrees to matte the fallowing good faith e[iorts whenever procuring consttt~tion, ~t'~eM, ~~ and suppUes under an EPA financial assistartoe agreen-enfy and to require that sub-recipients, loan recipients, and pdms contractors also oornpiy. Records docrxnenting oompUance with rho six good faitft efforts sfta>f be retained: . {a) Requ[re DBEs. are made aware of corttract{ng opportun(ties to the fu[test extent practicable through outreach ate recrt~tment aotlv[tfes. For Indian Tn"baf, stela and tocai and Government recipienfs, this will lndrxfe placing-DSF~s on saitciltation itsts and sdlciting them wfisnevertheyare potential sou-cros. (b} Make information on fartitcomfigopporhat~tes avai&~ble to DBEs and arrange time frames for catttac.~ts and estabNsh delivery schedules, where the requirements permit. in a way that encourages and facilitates partic~atlon by DBEs in the cvrnpetitive process. This frxtiuudes, wheneverpossible,pcsting solicitations for bids or•proposals fora minimum of 30 calendar days before the bid or proposal closing date. {c) Consider In the contracting process whether firms competing far•targe contracts crouid subtxNttract wUh DBEs. For Indian Tribal, State and local t.3ovemment recfpferrts, this vur'll include dividtrig toEal requG'mrrenb when ecattorrttcaity feasible iota sma~eT tasks or quantities t0 permit maximum participation by DAt~ th thaootrspetltive process. (d) Ettoourage cantractlttg with a consortiturr of DBEs when a contract is too large far one of these firms to hartclfe lndividuaUy. {e) Use the services and assistance of the S13A and the Minority Business Development Agency of the Department of Commerce. (~ if the prime ~ntractor avrards subcontracts, require the prime oanfrar,6or to take the steps in paragraphs (a) through (e) of tfils section. MBE/tflfBE Ri=t'ORTiNQ, 40 CFR, Part 33, 5ecttons 33,502 and 33.503 The recipient agrees tp crompiete arxi su~nit EPA Form 5700-52A, "MBFJWBE Utilization Under Federal Grants, cooperative Agreements and Inletagency Agreements' beginning with ifte Federal fiscal year reporting per(od the recipient receives the award, end continuing until the pn~Ject is completed. Only procurements with certified tUlBF1W1E3Es are counted toward a r~aciplerrt's MBEJWBE accomplishments. 13 i'ha reports are due within 80 days of the end ofthe semiannual reporting periods (Agri! 30` and October 36°i). Reports Mould be sent ta: Grants Management Office tJ:Ss Environmental Protection OttTce AFG, 51 Forsyth Street Atlanta, GA 30303 Ftnat 1tAB>E1wBL reports mustf-e submitted within 90 days after the project period o~the great ends. Your grant: canrwt be officially closed trrititout all M13t M1gE reports - EPft Form 57011~2A may be obffiined from she EPA Office of Smai! Business Program's Herne Page on the lntemetat vrww.eAa.aovJosbn . Ct3M1iTRACT ADMIMSTRAIiOPi Pi'3OVtStOPfS, QD GFR, Seaton 33.302 '7fie redpfent agrees to campy with the contract administration provisions of 40 CF~i, Section 33.302. Bfn~RS usr, ao ct=>a, se~tl«t aa.so4ro) ~,a (~f Re~leMs ofa Contlnukig E.h+-ironmentat Program t3rant or other annum -'epoHing grant, agree th creaie•snd maintain a btdciers Hsi Recipients of an tTA fktandal assistance agreement to capltaltze a ravolv'arg loan fund aisa agree trnegt~re entitles tece€ving_ldentitfed leans to create-ar~i'mainfe&~~ar-~bldders ilst-if the-rscipierttof the loan is subject fo, ordtooses to foliow. competitive-bkiding requirernert#s. Piease sea 40 CFR', 5ectlon~3'.501'(b) and (c) for spedflo n3qufreMents and exemptions. 15, NEW SIiVGl1 ~ jD1I . to accordance with QMB Chcu(ar A-133. whlcit Implements fhe sfigle AudttAct. the recipient hereby agrees to obtain a sine audit f-nm an independerst auditor ti it expends $560,6 or more in foist Federaffurtds in any tiacat year. Within nirta months otter the cold ofa n~pierrt's ifscal year or 3o days after reoe[ving the repott from the auditor, the redplsnt-sFrad submit a coptr of the 8F-SAC and a Singte Audit Report Package. For fiscal periods 2im2 to 2007 recipients are to submit hardcopyto the-followir-g address: -Federal Aud;t-Cteartnghause - 7201 •East 10°i Street .ieffetsorivrBe, IPt47492 For fiscal perlotls 2006 arxi beyond the recfplerrt MUST sutrmft a copyvf the SFSAC and a Singie Audit Report Package, using the Federai Audit; Clearinghouse's Intsnret Data Entry System. Complete in[ormation on how to accomplish the 2008 and beyond S~tgte Audit Submissions yon wifi need to visit the Federal Audit Clearinghouse Web site: httoJJharvestercensus.aovJfacJ 16. 7~AFt~tgAta~nl PEiiSONS a, Pmvtsians applicable to a reclpferrtthat [s a prhrate entity. 1. You as the reedlent, your employees, subredpierlts under tfus award, and subreclplerrts' employees may not- i. Engage frr severe forms of tntffickh-g in persons during the period of tNtte that the award (s fit effect ~. Procure a canmerrsia[ sex act during the period of time fhatthe award Is kr effect; or a~. Use foroed tabor in the perfomtance of the award or subavaards under the award. 2 Ws as the Federal awarding agency may unHateraly temrinate thts award, without penalty, if you or a subredptent that Es a private ent~ty- i. la detemttned to have violated a prohibtifon ~ paragraph a.i of this award iemr; or i[. I-fas an employes who Is determined try the agenr.}r oftidai authodzed to terminate she award to have violated a profdbition In paragraph a.i of this award tams through conduct that Gs eiUrex A Assodated with performance render this award; or B. Imputed to you or the subreoiplent using the s~ndards and due process for imputing the conduct of an indlviduaE to an olganizatlon that era provided in Z CFR part 160, "OMe Gutdeikies to Agencies on Gavemmeniwide pebarment and Suspension (tVonprocurement)," as lmptemented by our Agency at 2 CFR 1532. b. Provision applicable to a recipient other titan a private entity. We as the Federal awarding agency may ~ftateraUy terminate this award, wltitout penalty, if a subredpient that is a prtvafe eMtty- i. is detemr[ned to have violated an applicable prolrFbltlon >n paragraph a.1 of this award term; or 2. Has an employes who Is detennlned by she agencyof8da! auttmrized m terminate the award to have violated an applcable prohlt>EUOrt in paragraph a.1 of this award term itrrough conduct that .is either i. Assatated with performance under this award, or U. Em puled to the subrec~fent using the standards and due process for lmpu>}ng the conduct of an lndlvldual to an organizatiat ttlat are provided in 2 CFR part 166, "OMB Quideltnes to Agencies on C3overnmenfwkte t?ebamrent and Suspension (Nonpnx:urement)," as Implemented by our agency at 2 CFR 1532 c. Provlstone applicable to any recipient. 4. You must inform us &nmedtately of any information you receive from any so~rrce alleging a violation of a prohibWon !n paragraph a.1 of this award term. 14 2. Our right to terminate unilaterally that Is described in.paragraph a.2 or b of this section: i. Implements section 106{g} of the Tratflcking dlctims Protedlon A.ct of 2000 (T17PA}, as amended (?2 U.S.C. 71•(k€(g}), and • ir. Is in -addition to all other remedies for noncompliance that are available io us under this award. . 3. You must include the req~rirements of paragraph a.'f of this award~term in any smtraward you make to a private entity. d. Uefinifions. For purposes of this award term: 1. "Employee" means either: i. An individual employed by you or a subredpient who is engaged to the performance of the project or program under fhis award; or ii. Another person engaged In •~e performancb of [fie projector program under this award and not compensated by you Indud(rtg, but not IImlted to, a volunteer ar individual whose-services are contrtiwted by a third party as an •in-kind contribution toward cost sharing or maichingrequirements. 2 "Forced lafwr" means labo~obtatned by any of the foliowingmethods: the reauitrnent, harboring,-transportatTon, ' provis[on, or obtaining of a person for labor or-services, through the use of force, fraud, or ooerdon fa'the purpose: of subjection to invduntary sewttude, peonage, debt bondage, or slavery. 3. "Private entity": . is Means any entity otiterfltan a-State, tonal government, lndlan tribe, orforeign pulsUc entity, as those terms are defined lr 2 CFR 175.25. - ii_ Includes: A. A nonprofit organlz~tion, Indudinj any horxpwfit ins#itution of higher ed~ration,•hosplCaf; oritibai organization otfiet fharl one Included in the deflnlUon of Indian Mbe at 2 CFl3 775.25(6}. ' B. A for-profit organization. 4- "Severe forms of trafflckingtn-persons,""commerciai sex act;" and "coerdon"iiavet#re meanings given•a# sectiarr i03 of the TVPA, as amended (22 U.S.C. 7102): 97. 111~tLIQU1DAIED OBl.IGA'TI.ONS - P.ursuant ta-40 CFR 31.41 {b} and 31.5Q{b), EPA-reidpients shalt submit an annual Federal Flnandal Report (S F-425) to >=pA no later Phan 9Gi calendar days following the end of lire reportng quarter The following reporting period end dates shall tie used for iritarim reports: 3131, 61'30; 9130, or 12!3'1. - At the end of the project, the redpient must submit a firral~Fed'eral Finanda[ Report io EPA no later than 90•calendar days after the end of i11e project period. The form [s available on the interne# at httpJlwww.epagovlocfo/flnservices/fonns.fttrrr . AA FFtZs must be suhmnitted to_the Las Vegas Finanoa Center: US EPA, LUFC, PO Box 98515,.fas Vegas, NV 89793, or by Fax to: 702-798-2423. The LVFC wilt make adJustments, as necessary, to obligated-funds after reviewing and acceptlng a final Federal Finandal Report. Redpienfs wilt be notified and instructed by EPA. if they must canpiete any-addiilcmat forms for the dosenut of the assistance agreement ' EPA may take-enforcement adions fn accrordance with 40 GFR 31.43 if the redpient does net comply witit this term and cranditfon. 18. CENTRAL GONTRAGTOi212EGis-TRATIiL7N At~lb UNIVERSAt_ ttJE.i~ITIFi~R.SEQUI•FtE1VfEM7S A. Rggr~iremenE for Centel Contractor Registration (CCR). Unless you are exempted from this requirement under 2 GFR 25.1.10, you as the redplent must maintain the can-ency of your lnformallcan in the CCR untli you submit thettnat finandai • report required under this award or receive the final payrfient, VCilfchever' is later. This requires that yod review and update the Itrfortnalton at feast annually after the initial registration, and more frequently if required by Changes In your informaiton or arrolher award fercn. ' B. Requirement €or Data Universe! Numbering.System (DUNS) numbers. if you are auffiorized ha make subavrards under this award, you: 1. Must notify potential st~bredpients that no errBtp (see defrnitidrt In paragraph C of fhis award term) may receive a subaward from you unless the entity has provided Its DUNS number fn you. .• 2. May not make a subaward [o an entity unless the entity has provided its DUNS number to you. C. DefiniBons. Forpurposes of this award term: 1. Central Contractor Registration (CCR} means the Federal repositoryr into which an entity must provide information required for the conduct of business as a redpient. AddiBonai information about registration procedures may ba found at lire CCR lntemet slte• (curnantiy at httpJJvrww.cer.gov)_ 2. Data Universal Numbering System (DUNS) number tfieans 8ie nine~dlgit number established and assigned by Dun and Bradstreet, Enc. (D&B) to uniquely identify buslress entities. A DUNS number may be obtained from D&8 by telephone (currently 866-7055711) or the lntemet (purrently at httpJJfe~dgov.dnb.~miwet>form). 15 • e. A Federal agency, but on fy as a subrecipientunder an -award or subaward to a non-Federal ~nt[nz 4. Subaward: a. ThFs term means a fegaPinsfrument~bo provide suppori for the performance of any pon`ion otthe substantive protector program far which you received tlais award and tha# you as tits-recipient award to an ellgA~le sabreciplerrt b. Ttae farm does not include your procurement of property and services needed-to carry out rhea praject or program {for furffier expiar•ration, sea Sea x.210 ofthe-attachmeht to OMB Circular A 133, "Audits of States, Local Qovemmenfs, artd Non-ProCrt Orgarilzalions"). • a, A subaanrard may be provided throug[t•arty tegat agreemer•t~ including an agreement thatyou consider a ooritract s. Sgbreolpterat means an entlry that; a. Receives a subawaM fraxri you under this award; and • •b, Is arxotmtabte to you for the use of the Federal funds proms by the subaward, 18. I~tANA~EMENi' FEES-AND SI@AILAR CjiAFiGE3 Management fie~sxrr similar dharges In excess of the direct costs and agproved indirect rates are not allawabfe. 't'he term `management fees or skrrUar charges' refers to expenses added to the direct costs In order to aocrenulataa and'reserve~wrds for --ongoit~.•business expenses, unforeseen iiabiUti~, or forother slmttar croste which are not aHowaWe render this assistance agreement. Management fees crsimilat'charges may oat be used to improve or expand the project funded reader this agreement, except to the extent authorized as a direct cost of carrying ofd the scope of work. Pro~rraanm~t><c Co,~d~tions • 1: Ttae grantee agrees in fdtow procedures contained to the moat ourrerat ediiiaa of-the E'F'A Region 4. A Special Appropriations Projects (SPAPs) Grant Procedures Woridmok (online workbook at titfnJ/vnnrw•eaa,govtreglonMwaterl~as/saeclataonrnorlattons hfmt ). 2. The grantee shat) fOttoYU-all requirements Under 4o CFIi § 31.36 when prorx¢ing wnstnaction contracTs inotudtng assuring fuq aa7op~n-competition: prvcuring by federally appr+nred methods; pkrg a cost/prfce analysis; and ansaufrag contxac~s include MBEIWBE requirerrrents, bonding requkerreents, compliance witty federal, state and tocat laws, Inclatstort of Part31.36(n wnttarc2 provisions, and subcontractor requiements. • 3, The graratea agrees toubtain FAA Project Officer review and ~ncuna:raee of plans and speclftcatlons for all construction contracts prior to the advertisement for bids. 4. The granta;e sties notify tf~ EPA Project Officer of any contract awards made as part of•th~ grant and provide a copy to-t"PA iF sc requested. 5. In aonsuitai3vtora avRh the EPA Protect Offkrer, the grantee sF-aflconduct apre-construction confarearce for each corastraxtfon confraci awarded as part of this grant 6. The grantee vw'[! assure the EPA that ail lend, easemersts, and rights-ofi-way necessary forthe construction of fhe project have been obtained prior-bo tnltiattngconstrucifort. , 7, The grantee w~l obtakt af[ neoessary state and rota! permits. includkng a-pelmft tc construct from the approprate state agency, coverage under Etta States NPt7ES general permit for consfruction activiffes, andfor a Corps of F-taglneers Section 404 permit (if applicable), priorto inittatlrtg c~rrstruotfon. 8. The grantee staa(1 submit to 1ha EPA Protect Officer a quarterly progress report beginnYrg witty the award of this grant and a fma! report pttrsuant•to 40 CFR § 31.40. These reports will consist of updated progress toward work objectives. problems encountered, acttons taken to resafve problems and discussion of remaining tasks. This report maybe as brief as one page so tong as aft the requested ~aformatfon is provided. The Items fisted below should be addressed, as appropriate: Quarterly Progress t3eport Outl'sne for Special Appropriations Grants Grant Number. Grantee Hama: Protect Name: Gia3niee's Authorized Representative: 16 a. What warlc was accompdshed for this repottlng quarta~ 7 b. • What problems, if any, weua encountered? c. !f a problem was encountered, what action was taken to correct' it? d. !s thaprnjeat work on schedule? {a) This quarter't {b) For the project? e: tf the project ls- not on scheduie, what is proposed farasevfsed scftaadule7 f. Roes the new schedule require a 41ms exter:,ston? , g. is {here a change in'the Grantee s Authorized Represa;rrtafire orany of the key contacts? 9, The EPA, and its~fele9ated representatives, sftafd have access to the project work site atxi project records at all times. 14: The grantee agrees trr•oomply vdth ~t0-CfR § 31.3i,•wt~ah addresses the use and ~sposat of rnat ptatserty acquired undeFa federal grant 11. The grantee has obtaplsd [~A approve{ for pn;-award costs occurr~g on or after October 1~ h Ute trear of the apprc~rfations related to tan4 acquisition costs tnclading surveys, appraisals, options, assactatedadmtrristrathre inrork, eia. for the project covered by this grant The grantee agrees to submit copies of invalces, appraisals, eta to EPA for review arxt approval of these pre-award costs. 12. The grantee agreestn comply with the applkable GYass-CUtiing Federal taws and Authorities listed as an attacthtnent to this grant award doctxna~ 13. The grertteevatf submtt i~ reimtnasemer~ request {SFz77j and appropriate imroices to [~A to abtatn reimbursement 14. The grantee !s encouraged to utilize environmentally preferable Practices to the course of procuring goods arrd servk~s under this grant: °s=rtvbotxnentally prefer~le" Is defined as praxluots or services that have a ! orreduced affect of human heatttrand the emrlronment. Consldaratlon of envtronmerrtatly preferable-practices should be eotrsfstenlwith price, performance, avattabirty, and safety conditions. Examples Irrdude: - ~neraf constrtx~on: Adding rankktg facials or contract language for canstrudion contracts for the contractor to: adapt practiaes- reduaa Idftng of c~nstnretlon aaqulpmenf, use deet3 diesel fuels kr cmnstrwUort egtriprrrerrt, install emfssiortg reirnffir; equipment; repower constnmtlon equipment engines, eia. More information an envkorunentagy preferable ptactioes for canstrucUarr projects can be--found at; y~nro.enc.a~/cteandfeseYcanstruofionlstrateales.Mm. www.enc.aoe=.ciearrd~sei/cor>strucUon/whatyouaando.htm. and httn:l/v~nul~epa.Gov/ofaolretrofif/verif-I~thtm. - Construction of bufidihas: Adding ranking factot^s or ~ntract language for the contractor fo include green bulkttng tedu•riques such as: designing for energy anti weber efficiency, using green bufldkrgprodwts, etc. fiAora3 information on envaa'amentatfy pre#erablar practices for greener buildings can be found ah r~(tlp~w,~,_aovlareenburidkra and httpJ/anrvaw.wbda.~rg. - E]ectyontos ernrioarterrt: Adding rankkag facbots or contract IQnguage for EnergySiar® featul'es and EPEAI~reglsfisred electronics products when procuring electrtxt~s equipmetrt Also cot~stder adding factors oonceming buy-bade or eru#-of-life programs that dispose of electronics In an environmentally safe manner. Mors Irrformatiwr on preferable practices fear efeciiorrics equipmentcan be formd ab httn:llwvuw.eoe~,net/c~nQaniea.asox. - htto•/lw,nw=enc.oovlwestawise/cubs//wwuudal4.~f. and htto:/lwwW.asna.~Ylreo3wcmdbdf/ocrecvdfno6Q4.odf_ - A/E Services and Construction Setvioes: Add&rg a ranldng factor or contract language that gives preference to firms that have an environmental management system {EMS) In-.place or a parhter In EPA's Performance Trask Program demonstrating their commftmentto improving the envinxrment #rrough their piece of work Mere Information on t~14S and Performance Track can be found af: wwuare~a.oov/ems and www.eoa.ooy/oerforma~acetraECk , Grantees will report any errvironmentapy preferable practices undertaken >n the quarterly progress naporfs. The irafonnation repotted will be used 6a trade EPA's progress In redwing our environmental Impacts. 15, The grantee is encouraged ro improve the envfronmenfat performance of their wafer and wastewater fadRties by developing an ernironmentat management system ft3ViS). More fnfomration soeclfla to implementing an EM5 for water, wastewater, and 17 biasalids facilities can be found af: btfiJ/www e,~a uovfems~n(liat;ves/water h 16. Scrfticient Progress: EI'i~ may terming#e the assistgnce agreement for faiiure of the reapient to make sufS~ent progressso as to reas'onabiy ~ruure completion of the projeotwithin the projECt period, 7-~wding ar~y exiehsions. EPAwtiE measure sufficient progress by examining Efts perfozmance required under the workplan In conjunction with tha milestone schedule, the time remaining for perForrnanGe within the project period, andlot~ the availability of funds pECessaryto complete the project DES-~ I I -o~~ -. AT-~c~~rn~ fv; z , s ~~~~ ~~~~~-~ ~~A~~ ®~ ~a~~~~~®~~~~ R~S~L.IU~N~t~ 1Bli' C~t~V~~EVlt~C3 ~~A~~ ~F AIPPL.iCA~T' WHEREAS, the North Carolina Clean Water Revolving- loan and Grant Act of ~g87 has .authorized the making of loans and grants to aid eligible units of government in financing the cost of construction of wastewater treatment wor-ks, wastewater collection systems, water supply systems and water conservation projects; and {tiIHEREAS, the North Carolina Department- of Environment -and Natural Resources has offered state Revolving Fund Loan in the amount of $ 3,500,000 for the construction of the Efland and Buckhorn Community Sanitary Sewer System Improvements; and, WHEREAS, Orange County intends to construct this project in accordance with the approved plans and specifications; N4W ~THEREFURE, BE ET RESt)f*VED 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 Natu~°al Resources that ail items specified in the loan offer, Section I[ --Assurances will be adhered to; and that the Chair of the Orange County Board of Commissioners and sucxessors so titled, is hereby authorized and directed #o famish 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 documen#s as may be required in connection with the application. AMD BE [T FURTHER RESOk.VED that Orange County has substantially complied or will . substartially comply wr~h aIt Federal, State and local laws, rules, regulations, and ordinances applicable to the project and to Federal and State grants and loans pertaining there#o. Adopted this the.29st day of June 20'I 1 in Orange County, North Carolina, Bernadette Pelissier, Chair Orange County Board of Commissioners R~,~~ g)~1~~ ~~ 3 19 ORANGE COUNTY, NC Sanitary S-ewer Imporovements-for Buckhorn Area -North of I-85 & Efland Community Bid Tabulation Bids Due - 2:00 I'M, June 23, 2011. Bidder Total Bid Ralph Hodge Construct-ion 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. ~IVilkerson Morrisville, NC $2,942,954.46 Yates Construction Stokesdale, NC $3,786,017.00 ~~S -ao 11-0?'1 RESOLUTION Of AINAFZD ~TT~c ~-I M ~~ ~ ~. 20 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-954564'! 1-0, and WHEREAS, J.F. Wilkerson Contracting Company, _Inc., was the apparent 2"d 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 made to 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. $2,942,954.4fi BE IT FURTHER-RESOLVED that such AWARX3 be contingent upon the approval of the North Carolina Department of Environment and Natural Resources. Upon motion of ,seconded by ~ ,the above RESOLUTION was unanimously adopted. This is -day of , 20'10. (Signature) (Name and Title of Authorized Representative) {Seal) Attest: _(Signature) {Name, Clerk) f~- 5 2, cONTRACT (AGREEMENT) ORANGE COUNTY SANITARY SEWER IMPROVEMENTS FOR BiJCKHORN AREA NORTH OF Y-85 CENTRAL EFLAND CONTRACT NO: 2007-1 THIS AGREEMENT, made this day of 20_, by and between ORANGE COUNTY, Patty of the first part, hereina$er called "OWNER" and doing business as (an individual), or (a partnership) or (a corporation), Party of the second part; hereinafter called "CONTRACTOR'. WITNESSETH: 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 will fitrnish alI . of the material, supplies, tools, equipment, labor and otlier 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 Iater than xhe 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 bythe 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 folio-wing: A. INVTI'ATION_FORBIDS (ADVERTISEMENT) B. SPECIAL NOTICE -NORTH CAROLINA SALES TAX C. INSTRUCTIONS TO BIDDERS D. GENERAL CONDITIONS AND SUPPLEMENT TO GENERAL CONDITIONS E. TECHNICAL SPECIFICATIONS F. GENERAL DESCRIPTION OF COSTTTEMS G. BID BOND AND BID FORM H. CONTRACT (AGREEMENT) I. PAYMENT BOND J. PERFORMANCE BOND K INSURANCE POLICIES AND CERTIFICATES L. NOTICE OF AWARD M. NOTICE TO PROCEED N. CHANGE ORDER O. DRAWINGS prepared by Coulter Jewell Thames, P.A. P. ADDENDA No. 1 dated June 6 20 11 No. 2 dated June 15 , 20 11 No. dated , 20 No. dated , 20 Q. POWER OF ATTORNEY R N.C. D.O.T. HIGHWAY ENCROACHMENT AGREEMENTS S.~ NORFOLK-SOUTHERN RALLROAD 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 22 SECTION I: WITNESSETH, That for and-in consideration of the payments to be made the CONTRACTOR at its, their; or his own pmper 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 -in- 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 is full compliance with the Agreement - SECTION II. The parry of the first 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 encountered in the prdsecution~of the work andrlte delivery of same, and for all risks of every description connected with the work, and furnishing the .materials, .until their Emil 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 -III: 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: Tne work shall be commenced not later than the date set by the Owner in the NOTICE T O 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 intemiption 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 January 7 Aril 6 July 8 October 5 February 6 May 7 Au ust 6 November 5 March 7 - June 6 September 5 December 6 No allowance fpr an extension of the contract time will be.ailowed 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 Nafional 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 this 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-subject to 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 fast part may require the Contractor to furnish •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 acid 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 nbt be entitled to~payment for such additional work. Bills for extra work shall be filed in triplicate 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 making 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 wock 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 Specificarions shall be taken or understood to authorize such control of any of his, their, or its obligatons, 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 O~~er andEngineer, 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 guarai-tees 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 XII: The Contractor agrees to look 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.Gontractor shall not in any way relieve the Contractor of his responsibilities or obligations, and the party of the fast 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 net 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 X1V: 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°i°) alter fifty (50%) billing at the Owner's discretion provided the Project is on or ahead of schedule and the wank 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 Qf 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 furnished under this Contract. SECTION kV: The party of the first part may at any time require full release of all claims- for materials or labor famished for this work and may withhold payments of any estimate until same is produced. • SECTION XV-I: 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 conditoons. 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 shat] 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 Banla-uptcy or be placed in bankruptcy, or if at any time• the Engineer shall be- of_.the- opinion,_.and shall so certify in writing to said Owner that the work is unnecessarily. or unreasonably delayed, or that said Contractor is willfully 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 fo 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 mannrs 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 descn-bed 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 canying 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 incase 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 fiuther 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 shalt 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 parry of the first part harmless for use or infringements of any patented thing or method used in connection with the work herein specified. SECTION XIX: The Contractor hereby agrees that he has read each and every clause of this Contract and fully understands the meaning 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. 11~ 25 )N WITNESS WHEREOF, 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 Boazd of Directors; the party of the second Dart and ORANGE COUNTY, parry of the first part, has caused this instrument to be executed in its name bythe-COUNTY BOARD OF COMMISSIONER, 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 Clerk To Tlie Board (SEAL) . ATTEST TITLE (SEAL) OWNER ORANGE COUNTY BY. ADDRESS: 200 South Cameron Street d-Iillsborou~h. North Carolina 2'7278 CONTRACTOR: BY ADDRES This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Contract Act. BY: APPROVAL.AS TO FORM: COUNTY ATTORI~'EY DATE: 115 26 Bin Bohn KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as rrmcipat, 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 contract in writing for-the NOW TrIEREFORE, 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 famishing materials in connection therewith, and shall in ail other respects perform the agreement created by the acceptance of said BID, then this obligation shalt be void, otherwise the same shall remain in force and effects it being expressly understood and agreed that the liability of the Surety for any and alt claims hereunder shall, 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 na-way impaired ar 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 WITNESS 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 be affixed hereto and these presents to be signed by their proper officers, the day and year set forth above. Principal L.S. Surety By: IMPORTANT: 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 of North 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 C~olina, 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 nonce to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suff r by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and 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 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. 117 28 IN WITNESS WI"IE~EOF,"this instrument is~ executed in counterparts, each one of which shall be deemed an original, this the day of ~ ,20 ATTEST: (Principal) Secretary Principal (W-fitness as to Principal) (SEAL) Address ATTEST: Address Surety (Surety) Secretary . (SEAL) Witness as to Surety By: Attorney-in-Fact Address • ~ Address NOTE: Date of BOND must not be prier to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND, IMPORTANT: 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 of North Carolina. 118 29 PAY-MENT BOND KNOW ALL IvIDN 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 ORAI~TGE 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 P4yment of w~uch 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 furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modif cation thereoiy including all amounts-due for materials, lubricants, oil, gasoline, coat and coke, repairs on machinery; equipment and tools; consumed or used in connection with the construction of such W-0RK, 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, FUP,THER, u at the said Surety for value received hereby stipulates and agrees.that no change, extension of time, alteration or addition to the terms of the contractor 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 contractor 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 30 IN WITNESS WHEREOF, this-instrument is executed in one of which shall be deemed an original, this the . day of ATTEfiT: Principal (Principal) Secretary BY: (Witness as to Principal) ~ (SEAL) Address ATTEST: (Surety)- Secretary Witness as to Surety . Address Address counterparts, each 20 Surety (SEAL) By: Attorney-in-Fact Address . NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury.D.epar~nent's most current list (Circular 570 as amended) and be authorized to transact business in the State of North Carolina.. 120 31 POWER OF ATTORNEY (Attach Bonding Company's Agent Power~of Attorney) 121 32 .11~1SURANCE CERTIFICATE (Attach certificates from insurance companies that Contractor is carrying Public and Employee's Liability Insurance, and Worlanen's Compensation Insurance, where applicable.) 122 :~ Coulter ~ Jewell ~ ThamesP.. 111 WEST MAIN STREET DURHAM, NORT-H CAROLINA 27701 - p819.682.U368iVt9.668.56A6 Punning for tho futura_ ADDENDUM NO 1 JUNE 6, 261I PROJECT NAME -SANITARY SEWER IMPROVEMENTS FOR SUCKHORN AREA - NORTII OF I-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, 201 1. Bidders shall review the addendum and incorporate the modified reyuiremen#s into their proposals. The Bidder is required to sign and return a copy of this Addendum with the Bid, at~d to acknowledge receipt of this Addendum in the space provided on the front page of the Bid Form. 1. The Attendance Sign-ln-Sheetfrom the Pre-Bid Conference held October June 1, 201 1 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 may be 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 may be helpful for the Owner to insert a Unit Price into the ite~lfmn l~ipcj~: Excavation. A Unit Price for Rock Excavation ~p will not be provided by t1Ze\~v~t1~.4tq}~yYl',ge the Bidder's responsibility to assign appropriate Unit Prices~ta ~'I: (~+~~So~~1'escribed in the Project Manual. Q SEq~ ~. p c~ ~. 3461 ~o Chuck Hil] P.E. ~ 9.'~•.'1'~,~ ~ .:' Date Coulter Jewell Thames, P.A. '%~l~cs ~ ~}~~ ~Q-~~~ ~~I~!lIIt111\ Received and Noted by Bidder (Authorized Signature Required) Date 33 E N G I N E E R 1 N G P E_ A N N I N G_ L A N O S C A P E A R C H I T E C T EJ R E PRE-BID AGENDA (ATTENDANCE) SANITARY SEWER IMPROVEMENTS FOI2 BUCKHORN AREA -NORTH OF I-85 AND EFLAND CQMMUNITY JUNE ~., 2011 ATTENDEE FIRM TELEPHQNE E-MAIL S ar ~„ ..T~~..(3 R,~N~, l~; ~~ ,~r~.l~rle Gr.~a/iiv~ t'.~fvl~,r4 3~G 35r,~,- 7793 -..~ ~~ ~ y~~yL i rt ~~2 tau. 3 ~- $55 lAa~3~ ~ ~A I f~ /1'10 ~ e ,; ih,Gom Gd N ~/'~4~{r/ 111 c1J ,(_ ~I/~~A~y' 1 VO/J.S7R./ ~~'~f ~l 1 - 73.2 ~...7P~ Q~ J~•~O ~~MI~~ ~ ~~~ Y ~1V~1`. ~~~ ~i~ 1 ~'~«.iM. ~fi~ C11rr~ Tp~t~,~ S~f~kC -~F V~i~~Nrsan ~vn~~u~'f~`ay ~ ~~~"~z~-~11~7~ ~Tl~rr's'~r/D~e%~ i:~Wr`~~ e~su».C~M ~'~7A°xTj S~TtKE ~•_ n 7i4h/~~s>(,,ONr ~L;f~.t.~C. p ~ ~ _I ~ ~ ~~ '" ~0/~. ~,$~;keC~sc~n'~ofr~{. l L c~nC f Q4- i.4FsCon ~y,,,~~,..~o~ ~J~~ 1~I. (~v, (s~~a Son 3 .~6 - S7~' 19 /G ~ ti wt lso~Q~N~er A~T~ .~~ I w 35 MAIN,OFFiCE 111 WEST MAIN STREET DURHAM. NC 27701 p919.682.0368 59/9.688.5646 Pi2nn;ng .cr the F;;t~re PRE-BID AGENDA SANITARY SEWER IlV.[PROVEMENTS FOR BUCKH~ORN AREA - NORTH OF I-85 AND EFLAND CO ~ ~, Za>« • Welcome • Introductions • Project Dates o June 1, 2011 Pre-Bid Meeting o June 8, 2011 All Questions to Engineer o June 15, 2411. Final Addendum o June 23, 2011 Bids Received (2:00 P.M.} o August 1, 2011 Contract Executcd by Contractor o August 23, 20i 1 Anticipated Award Date o August 31, 2011 Contract Executed by Orange County o September 30, 2011 Anticipated Notice To Proceed • Project Description 0 2 project areas, 1 project o Buakhorn - 5,370 LF - 8" gravity sewers o Efland -19,514 LF - 8" gravity sewers 1 - 250 GPM pump station 2,450 LF - 6" DIP force main o Construction Grants & Loans 36 • Project Duration 0 4S0 Calendar Days to Final Completion o I Year Warranty Period • Bid Process o Review ALL BID DOCUMENTS o Site Visit . o NC Laws for Public Bidding 0 3 Bids retluired or Bids will not be opened o NC General Contractor o Seated o Identified o Delivery is Bidder's Responsibility 0 5'/° Bid Bond (or deposit) o DBE Forms for 8% MBE Goal and S% 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. o Written Questions Accepted o No Questions after June 8 o 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 Band o Insurance o Retainage Page 2 37 Page 3 • Important Points o Review ALL BID DOCUMENTS - they are the CON'T'RACT DOCUMENTS o Liquidated Damages are $800 per day if Pzoject is late o Sequence of Construction - Buclrhorn must begin first, and continue to completion. Efland may begin before the completion of Buckhorn, but must not impede the completion of Buckhorn o Erosion Control requirements are shown on the Plans -Include 10 Day Requirement to stabilize disturbed areas o Maintain Water/Sewez Separations -exposing existing utilities in advance is required to insure separations o Detailed Descriptions of Pay Items o Buckhorn is in the Mebane sewer system -Mebane will participate in inspections and approvals o Efland is in the Orange County sewer system -Orange County will . participate in the inspections and approvals o Sanitary Sewer Connection Details are critical -must be constructed to provide gravity service as shown - minimum grade from connecting "Y" is required - services cross roads with bores {not open cut) o Force Main installation is critical - as shown to avoid air pockets o Change Orders must be initiated. as soon as possible to accommodate the approval process through CdT, Construction Grants & Loans, and Orange County + Other Comucnents • Questions • Close 'ISt WEST MAIN STREET DURHAM, NORTH CA.ROL_4NA 277t1k p819.5.820.358 t4F8.B 88.fr546 F •a Pl G't Efl$ i4~P $~"i6 4`R%t6.1F4_ ADDENDUM NO 2 .TUNE >s, zoll! PROJECT NAME -SANITARY SEWER IMPROVEMENTS FOR BUCKHORN AREA - NORTH OF I-85 AND EFLAND COMMUN:[T'Y OWNER -ORANGE COUNTY ENGINEER - COLZTER JEWELL TI-1AMES, P.A. This addend.una becomes part of the Contract Documents and modifies the original Bid Documents dated January ~7, 2011. Bidders .shall re~Jiew the addendum and incorporate ttge modified requirerrtents into their proposals. The Bidder is required to sign and return a cagy of this :addendum with the 'Bid, and-to acknowledge receipt of this Addendum in the space provided on the front page of the Bid. Farm. I . It is not necessary to write out alt unit prices in v~ards. ``Unit free" and "'T'otal" entries are required for atl line items in the Bid. 2. This Project is not subject to "Buy America" requirements. 3. The required form for the Iti(C[~OT .Bond is attached to this Addendwn. 4. The following language is incorporated into this Project as additions to the General Conditions or the Contract, as appropriate; Suppicmental General Conditions 1.02 '~ermiraoto~y°. B. Day: Time extensions w'sl{ not be granted for rain, wind, snow or other natural phenomena of normal intensity-for the locality where work is performed. Far purpose of determining extent of delay attributable to unusual weather phenomena, a determination shall be made by cornparing 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 wank is performed and on daily weather togs kept on the job site by the contractor reflecting the effect of the weather on progress of the work and initialed by the. designer's [or contract administrator's] representative. Time extensions far weather delays do not entitle the contr4actor to °extended overhead" recovery.. E N G I FV E E Fi ( N G P~ A !~! N I M 6- L A N D S G A P~ A R C H I T E C T U R E 39 t1:RTICLE 9 -ENGINEER'S S"I'ATUS DURING CONST:RUC'I'ION 9.02 Owner reserves the right to monitor, :inspect or test the various stages of construction and. make an independent detennitration 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 acrd Engineer shall inspect the Work to ensure Contractor's compliance therea£ Owner's-decision to inspect, monitor or test any aspect of the Work and/or failure inspect, monitor ar test, or to inform F-tgineer of Contractor"s non- campliattce with the Drawings and Specificattans ar any pt•ovi ion in the Contract Documents in the perfonnanee of the Work shall not be cansU-ued as a waiver of Engineer's responsibility to supervise, monitor and certify protect completion in conformance with the Contract Documents. Additional Contract Prvvisivrrs ~.l Contract Documents; Priority ha the event of a»y inconsistency between the Contract Documents,. the Contract Documents shall be interpreted in the following order of priority: 1. The Contract (including of the Agreement and any amendments, Change Orders, General Conditigns and Supplement to t`reneral Cotrditons, Insurance Policies and Certificates, Payment. and Performance Bonds) 2. Engineer approved Drawings and Field Orders 3. :Request for Proposals anal associated documents (including the Advertisement, ]nstructions to Bidders; Technical Specifications; General Description of Cast Items; Bid bond and Bid' Form, Special Notice-North Carolina Sales Tax) 4. Contractor's Proposal S. Outer documents related to-the protect SECTION XI. Indemnity a. The Contractor shall indemnify and hold harm ess Owner from any lien of whatever type through the purchase of appropriate bonds and insurance as designated herein. Upon completion of the Work dxe Contractor shall execute an affidavit statin; there are no unpaid. debts .for any work that 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 thai Contractor shall. indemnify, save and protect Owner and Owner's lender, if any, harmless from and against any and all claims,: liabilities, lasses, 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 (Sttt) da}• of each. calendal• 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 F..ngin.cer at Coulter Jewell Thames, P.A. and shall show substantially the value of work. done. during, the previous calendar month. 2. The Enga.neer's certification that at-lest seventy-f ve percent (75%) of the Work has been satisfactorily completed shall be required for Owner to reduce retaina~*e to zero percent (0%)• y 3. final payment shall not be due to the Contractor until thirty (30) days after one hundred percent (1.00%°) of the Work, including punch list work, has been satisfactorily completed 2 40 and an appropriate affidavit as required in subsection {b) of th9s provision, has been. received by Owner. b. Should Owner reasonably deterrmne that Contractor has failed to perform the Work related to a Request for Payment,. Owner, at its discretion allay 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 >Zreach. i. Should Contractor or its representatives fai .to cure the breach within ten (10) days, or fail to reasonably agree to st~h modified schedule, Owner may immediately terminate this Agreement in writing, without penalty or incurring further obligation to Contractor. ii. Thais section shall. not be interpreted to limit the dcFnition of breach to the failure to pecfonn the Work related to a Request for Payment. SECTION XI11: Standard of Care d. The Contractor shall exercise reasonable care and diligence in performing the Work in accordance with the highest. generally a4cepted- standards of :this .type of Contractor practice throughout the United States and in accordance with applicaUle rederal, state and. local laws and regulations app icable to the performance ofthesz services. Contractor is solely responsible for the professional-quality, accuracy anti timely completion and/or submission of alt work. e. Contractor-shall be responsible for all errors or• omissions, in the performance of the Agreement. Contractor shall correct a~'~y and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the (Uwner. f. Contractor is an independent contra.ci:or of Owner. Any and a)I employees of the. Contractor engaged by the Contractor in the performance of any work or services required of the Contractor under -this Agreement, shall be considered employees ar agents of the Contractor only and. not of the Owner, said any and all. claims that may or might arise under any workers compensation or other law or contract on behalf of said employees 4vhile so engaged shall be the sole obligation and responsibility of the Contractor. g. [f 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, ceatifications, or credentials and that such licenses certifications, or credentials_are current, active, and. not in a state of suspension or revocation:. SEC"f lOi~1 XX: Insurance and Bonds a. Minimum requirements -The Contractor shall obtain, at-its sole expense, all insurance required under this Agreement and the Contractor shaA ncrt 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. Ali. required insurance shall be procured &am 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 1~final Completion of the Work. Coverages shall be maintained continuously during the life of the Project until Final Completion. of the Work. for the following types of insurance in the amounts t fisted: i. Worker's Compensation ]nsurance with limits far Coverage A Statutory -State of North Carolina and Coverage Li Lmplayei•s Liability X500,000 each accident and policy Limit and disease each employee. ii. Comprehensive General Liability and Property Damage lr}surance (5500,000 Each Occurrence; $1,000,000 Aggregate). 41 iii. Contractual .Liability .(Bodily Injury and Property Damage $SUU,000 Each Occurrence; Propene Damage $1,000,000 Aggregate). iv. Personal Injury, with Employment Exclusion .deleted ($1,000,000 /lggr-egate). v. Comprehensive Automobile Liability (nsurance (Bodily Injury $100,000 Each Person;'Each Accident, $300,000 Each Occurrence; Property Damage '6100,000 Each y Occurrence}. b. Additional latsured -The Owner shall be named as additional: insured an all farms of insurance except Worker's. Compensation. Each certificate of insurance and policy required hereunder, except tl>e worker's compensation policy, shah 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 obligatiots arising under any of the Contract Documents or related in any way to the Wnrk. Contractor- shalt- immediately furnish a copy of such bonds to any requesting person.. who appears to be a potential beneficiary of bonds covering payment obligations arisin ;under any of the Contract Documents. SECTION XXL Nora-Appropriation a. Contractor acknowledges that Owner is a b*overnmentat entity, and. the validity of this Agreement is based upon the availability of pu.btic funding under the authority of its statutory mandate. la. In the event that. public. funds are unavailable and nqt appropriated for the performance of Owner's obligations under this Agreement, then this Agreement shall automatically expire without penalty to Owner immediately upon written notice to-Contractor of the unavailability and non-appropriation of public fw~ds. It is expressly agreed that Owner shall not activate this non-appropriation ,provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial f seal crisis. c. in the event: of a change i-~ the Owner's statutory authority, mandate and/or mandated functions,. by state and/or federal. leg-slative 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 limitation or change in Owner's legal authority. SECTION XXII: Miscellaneous. a. Waiver: No .act or failure to act by the Owner or Contractor shall constitute. a waiver of any right ar duty granted them under the: Contract Documents, nor shall any act or failure to act constitute-any approval except as specifically agreed in writing. b. Governing Law and Jurisdiction: The laws oi'the State of North Carolina shall. apply to tf~e interpretation anal. enforcement of this Agreement. Any ar~d all suits or actions to enforce, interpret. or seek damages with respect to any. provision af, ~r 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 that. no other court shall have jurisdiction or venue with respect to such. suits or BCtIOttS. 11~ .~' ~~' c. Claims: Notice of any claim by Owner or Contractor must be initiated by written notice to the other Party within thirty (3tl) days of the occurrence of the event giving rise to the claim or within thirty (~0) days of`the discovery of the event or condition giving rise to the. claim, whichever is later. 42 i_ Shou)d aiay claim be made, re~~ardless of whether such claim is made by Owner or Contractor, Contractor shall continue to faithfully and diligently perform the Work in such a mariner as to-meet all scheduled timelines. Any tailure to faithfully and diligently perform the Work may be deemed, 6y the Owner, a breach of the Contract. ii. if a claim is made such claim shall be made la 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 advise the parties the claim is unable to be resolved. iii. If a claim is~ ~~~g~~~ the Owner tike Owner may, but is-not obligated to, notify the Surety. ,,~~,'`~,'C H ~~~ ~r~~ ,/ C~~,;, ~~- • ~ 2 SAC ~'• ~ U I .S" ~~~~ ~ 1 i Chuck Hilt P.E. -~ ~' =~ 1 Date. •~ `• Coulter Jewell Thames, l':~-,:p~p~ • ~.`c/vir c~.••`~q-•`~ Received and Noted byBiidder Date (Authorized S bnature Ret{uired} PERFORMANCE AND INDEMNITY BOND 43 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION -HIGHWAY ENCROACHMENT INSTALLATION PRINCIPAL (Contractor for second party to encroachment agreement) SUKGIY 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 parry to Encroachment A reement 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, }ointly 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~Encraachment 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 governin body. (Seal of Principal) ATTEST: Clerk or Secretary President or Vice President (Delete Inappropriate Title) (Name of SURETY) (Seal of Surety) BY: 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.) PRINCIPAL (Type Name of Principal) R/w (16A) :Party of the Second Part certifies that this agreement is true and accurate copy of the form R/VV (16A) incorporating all revisions to date.