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Home My WebLink About2012-437 DEAPR - Town of Chapel Hill & Orange County for Installation of Artificial Turf Cedar Falls Field #1h I . STATE OF NORTH CAROLINA COUNTY OF ORANGE INTERLOCAL AGREEMENT FOR INSTALLATION OF ARTIFICAL TURF This INTERLOCAL AGREEMENT is hereby made and entered into, by and between ORANGE COUNTY, hereinafter referred to as "Orange County," and the TOWN OF CHAPEL HILL, hereinafter referred to as "Town," pursuant to N.C. Gen. Statute 160A -460 et seq., and other applicable laws. WITNESSETH: WHEREAS, Orange County and the Town have a mutual interest to provide sustainable athletic facilities, including soccer fields, for the citizens of Orange County and the Town; and WHEREAS, the Town owns Cedar Falls Park, (hereinafter referred to as "Park "), a portion of which contains an existing ballfield (Cedar Falls Field #1), a map of which is attached hereto as Exhibit A; and WHEREAS, Orange County and the Town have agreed that converting the existing Cedar Falls Field #1 from a turf ballfield'to an artificial turf athletic field suitable for soccer (hereinafter referred to as "Field "), would benefit the citizens of the Town and Orange County; and WHEREAS, Orange County and the Town have agreed to jointly provide the resources needed to convert the Field to an artificial turf surface; and WHEREAS, Orange County and the Town agree that the Town should operate and maintain the Field to the mutual benefit of citizens of both jurisdictions during the term of this Agreement, pursuant to N.C. Gen. Statute 160A -355, N.C. Gen. Statute 160A -460 et seq., and other applicable law. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements contain herein, the parties hereto agree as follows: 1. Soccer Superfund Guidelines and Project Scope: The Town shall use Orange County funds to install a new artificial turf athletic field at Cedar Falls Park that will be suitable for soccer play. Both parties acknowledge that Orange County has developed guidelines for use of its funding for development of soccer facilities and that the new field shall meet the following conditions: A. First Phase of Development: The first phase of development shall consist of the demolition of the existing Cedar Falls Ballfield #1 and the installation of an artificial turf surface suitable for soccer play. The Field shall be 360 ft X 225 ft or larger. Phase One work could include items such as fencing, benches, site furnishings, ADA accessibility improvements, and other work deemed necessary to provide a safe playing field that meets all legal requirements and applicable safety standards. Orange County funding is provided only for Phase One. Page 1 of 5 ,,, B. Future Phases: The Town may undertake future phases of development including the addition of lights for night play, parking lot improvements, restroom improvements, and the addition of other amenities designed to enhance the playability and comfort of the athletic field. C. Maintenance Standards. The Town agrees to maintain the Field to the highest practicable standard to ensure playability for the length of the expected life of the turf. D. Availability: The Town shall be responsible for scheduling the Field. In general the Field will be programmed as described below, although changes to the schedule may be made on occasion throughout the life of this agreement for special events, tournaments, and other events. Any substantive change to the schedule below, during the term of this agreement, shall only be made with the permission of Orange County. i. Unscheduled Community Use: Monday through Friday (dawn to 3:00 p.m.); Sunday (8:00 a.m. to 12:00 noon) ii. Lease Periods: Monday through Friday (3:00 p.m. until 10:00 p.m.); Saturday (all day); Sunday (12:00 noon to 10:00 p.m.) E. Public Transportation: The Town agrees to make every reasonable effort to maintain the current level of bus service that serves Cedar Falls Park. However, both parties acknowledge that the Town cannot guarantee that bus service levels will remain at current levels throughout the term of this agreement due to potential changes in the bus system's funding, costs, needs of the bus system partners, and other factors. F. Regulatory pproval: The Town agrees to pay all costs needed to secure any and all required permits needed to build and manage the Field. G. Water and Sewer: The Town agrees to maintain OWASA water and sewer services on the site. H. No Discrimination in Scheduling or Use of the Field: The Town agrees to promote equality and goodwill regardless of an individual's race, color, creed, religion, national origin, sex, disability, age, athletic ability, veteran status or familial status. I. Field Marking: The Field will include permanent markings for youth and adult soccer play. Markings may be provided for other sports. 2. Financial Conditions: A. Orange County Contribution. Orange County agrees to contribute $623,000 to be used for the installation of an artificial turf field at Cedar Falls Park. Page 2 of 5 B. Town Contribution. The Town agrees to provide a minimum of $311,500 in either cash or in kind services. Both parties acknowledge that the Town's FY 2010 -11 provision of $63,000 for renovation of the Cedar Falls Park parking lot will count toward the Town's required contribution. The Town shall provide evidence of expenses related to their $311,500 contribution if requested by Orange County. C. Financial Management. The Town shall manage the project budget and shall make payments to contractors for design and construction. D. Reimbursement. The Town may invoice Orange County for actual expenses incurred during the design and construction phases of the project. The County shall reimburse the Town for expenses directly related to the installation of artificial turf paid by the Town during the life of the project, up to Orange County's stated contribution limit of $623,000. The final $50,000 payment to the Town will occur after the completion of the project. E. Billing Schedule and Payment. The Town may invoice once per month during the life of the project. Orange County will pay - within 30 days of receipt of accurate invoices. F. No Additional Capital Investment. Orange County shall not be responsible for any amounts in excess of $623,000 for installation of the turf as provided in section 2A. In the event development is unsuccessful, damage occurs, the artificial turf surface requires repair or replacement or further improvements /phases are desired, Orange County is not responsible for providing funding. G. Funding for Maintenance and Operations. The Town shall be responsible for all costs associated with maintenance and operation of the Field. H. Revenues. All revenues generated from operation of the Field shall be retained by the Town. 3. General Conditions: A. Term. This agreement shall be in effect for a period of 5 years, beginning from the date of execution. B. Start of Construction. The Town agrees to start construction within three years of the execution of this Interlocal Agreement. C. Name of Field. The Field shall retain the name "Cedar Falls Field #1 ". Any formal re- naming of the artificial turf field during the term of this agreement will be in accordance with a joint naming policy to be developed and approved by both the Town and Orange County. Page 3 of 5 D. Ownership. All portions of Cedar Falls Park shall continue to be owned by the Town. At the conclusion of the project the Field and all improvements shall be owned by the Town. E. Park Policies and Regulations. Use of the Field shall be governed by regulations enacted in the Town's Code of Ordinances. F. Insurance. The Town of Chapel Hill shall provide evidence of general liability insurance to the County by way of a certificate upon approval of this agreement. Orange County shall be named as additional insured by endorsement to the Town's general liability policy. The Town shall maintain combined single limits not less than $1,000,000 per occurrence with aggregate limits not less than $2,000,000 per year; and shall provide notice to the County not less than 30 days prior to any cancellation or reduction of any liability coverage. An updated certificate of insurance shall be sent annually on or before each policy renewal date to: Orange County Attention: Risk Management Services 131 West Margaret Lane ; Suite 301 PO Box 8181 Hillsborough, NC 27278 F. Assignments. This agreement is not assignable by either party without the written consent of the other. G. Notices. All notices provided for in this agreement shall be in writing, addressed to the Orange County and Town managers. H. Governing Law. This agreement shall be construed under the provisions of the law of the State of North Carolina. 1. Entire Agreement. Except as otherwise provided in this Agreement, this Agreement contains the entire agreement between the parties. Amendments, if any, shall be in writing and signed by both parties. THE REMAINER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK Page 4 of 5 This Contract is between the Town of Chapel Hill and Orange County for joint funding for an artificial turf athletic field. IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to be executed as of the day and year first written above. ORANGE COUNTY ATTES . Clerk to the 13"o-irvd FOR ORANGE COU By: �Jr Frank ton, Orange County Ma ager This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. Orange County Finance Director �TOWN OF CHAPEL HILL DEPUTY /TOWN MANAGER sd. AT EST BY TOWN CLERK: oar TOWN C9ERK TOWN S 40 Town Clerk attests date this, the day of _,)a_ L)ae_, 20 12 . Approved as to Form and Authorization TO ATTORAY -�� -r. /1� �-- (2 1 P R S & CRE ON DIRECTOR Page 5 of 5