COU  LEE COUNTY BOARD OF COMMISSIONERS  MCSWAIN EXTENSION EDUCATION AND AGRICULTURE CENTER  2420 TRAMWAY ROAD SANFORD, NC 27330 April 1, 2024 MINUTES  Roll Call Vorbeck  Present: Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver, Mark Lovick, Taylor  Absent: Dr. Andre Knecht CALL TO ORDER INVOCATION  Chairman Kirk Smith called the meeting to order at 6:00 p.m.  Chairman Kirk Smith delivered an invocation and led the Board of Commissioners and  attendees in the Pledge of Allegiance. PLEDGE OF ALLEGIANCE I. ADDITIONAL AGENDA  Chairman Smith requested the addition of Item II. G. Proclamation Celebrating the City of Sanford's 150th Anniversary to the Consent Agenda, Item IV. B. under Old Business for the Jail Feasibility Study Modification to Scope of Service, and the addition ofV.B. Memorandum ofAgreement for City July 4th Fireworks Event to New Business. Motion: Motion to move the County Commissioners Community Events Policy to the Consent. Agenda. County Attorney Whitney Parrish advised the Board that a revised copy of this Policy was given to the Commissioners that changed this from  a Personnel Policy to a Board of Commissioners Policy.  Mover: Robert Reives Moved To: Approve Vorbeck  For: 6- Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver, Mark Lovick, Taylor  Absent: 1- Dr. Andre Knecht Motion Result: Passed Mover: Cameron Sharpe  Motion: Motion to approve the Agenda as amended.    Moved To: Approve Vorbeck  For: 6-F Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver, Mark Lovick, Taylor  Absent: 1- Dr. Andre Knecht Motion Result: Passed  I. APPROVAL OF CONSENT AGENDA  Motion: Motion to approve the Consent Agenda as amended.  Mover: Robert Reives Moved To: Approve Taylor Vorbeck Absent: 1-D Dr. Andre Knecht Motion Result: Passed  For: 6-F Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver, Mark Lovick,  II.A Minutes from the March 18, 2024 Regular Meeting 3-18-24 BOC Regular Meeting Minutes_ final.pdf  II.B Approve FY 23-24 Activity 121 ARPA Temporary Savings Fund Public Health  Services  121 FY24 Lee County Health Department.pdf II.C Approve the FY: 24-2 25 State Consolidated Agreement  CA FY25 Lee.pdf  I.D Request to allocate FY2025 Family Planning TANF Funds in the amount of $9,782 to  the Partnership For Children And Families PFCF TANF Funds Proposal FY25.pdf  II.E Resolution of Support for NCDOT Abandonment of Maintenance for Ashby Road RESOLUTION - Requesting NC DOT Consider Abandonment of Maintenance EXHIBIT. A - Resolution Supporting NCDOT Maintenance Abandonment of  for Ashby Road.pdf Ashby Road.pdf Correspendence from COS.pdf  II.F Lee County Library - Sanitary Sewer Extension to New County Library (4841-02-24)  Contract/ Approval 9-CONTRACT.pd  II.G. ADD ON - Proclamation Celebrating the City of Sanford's 150th Anniversary II.H Establishment of a County Commissioners Community Events Policy  III. PUBLIC COMMENTS The following person spoke:  Pursuant to N.C. General Statute 153-52.1, the floor was opened for Public Comments. Patricia McDougald, 400A Burgess Circle, Broadway, NC (Home Protection)  2    IV. OLD BUSINESS  IV.A Cox Maddox Road/Wellons Property Rezoning Request-Planning  Board Recommendation  Senior Planner Amy McNeill presented. the Planning Board's recommendation from a 5to 1 vote that the Commissioners approve the request to rezone four parcels of land totaling approximately 26.1 acres off of Cox Maddox Road from RA (Residential Agricultural) to RR (Residential Restricted). The Planning Board acknowledged unanimously that the rezoning request was not consistent with the Plan SanLee long-range plan designation of Countryside. There is RR. zoning on one side oft the property to the Northeast and on the opposite side oft the road but not adjoining as  well as RA adjoining. 01A-REZ REPORT & Reco.pdf 01B-ORD. .pdf 01C-ORD-Exhibit A.pdf  Motion: Motion that the Cox Maddox Road/Wellons Property rezoning request isn not consistent with the Plan SanLee long-range plan designation of Countryside because the recommended density is one unit per two acres, which is larger than what the current Residential Agriculture and proposed  Residential Restricted zoning districts require.  Mover: Taylor Vorbeck Moved To: Approve Taylor' Vorbeck Absent: 1-Dr. Andre Knecht Motion Result: Passed  For: 6- Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver, Mark Lovick,  Motion: Motion to approve the proposed zoning map amendment from Residential Agriculture (RA) to Residential Restricted (RR) because it is reasonable and in the public interest due to the proximity of this site to the Harrington Farms Subdivision, which was rezoned to RR in 2019 to allow the  development of a residential subdivision.  Mover: Taylor Vorbeck Moved To: Approve Vorbeck  For: 6- Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver, Mark Lovick, Taylor  Absent: 1- Dr. Andre Knecht Motion Result: Passed  IV.B ADD ON - Jail Feasibility Study Modification to Scope of Service  Additional services amendment 1.pdf  Developmenta Services Director Brandon Key presented a request to modify the scope of service for the ongoing Jail Feasibility Study to include consideration in the study for the space and facilities needed for the Sheriff's Office as the current study is only making recommendations concerning the jail. Ifai future detached detention center is created, a concern is that the Sheriff's Office should be attached to it for safety reasons. The cost to add this to the study is $11,275. This Feasibility Study  3    will be used to provide the Commissioners with information and direction regarding Motion: Motion to approve Jail Feasibility Study Modification to Scope  the needs of the jail and Sheriff's Office for future planning.  of Service. Mover: Robert Reives Moved To: Approve Against: 1- Taylor Vorbeck Absent: 1-1 Dr. Andre Knecht Motion Result: Passed  For: 5- Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver, Mark Lovick  V. NEW BUSINESS  V.A Establishment of a County Commissioners Community Events Policy This item was moved to the Consent. Agenda and is now item I.H.  82.Commisone.Communty_Fvens.acc.  V.B ADD ON - MOA with the City of Sanford for the City's July 4 Fireworks Event City of Sanford Parks Director Nick Fortune presented a request to allow fireworks to be deployed from Lee County's property at Kiwanis Family Park on the evening of July 4, 2024. The fall zone of the fireworks also lies within Lee County's property. The Lee County portion of the park will have to close at 12:00, p.m. and no County functions can be scheduled at the park that day. Mr. Fortune advised that the Sanford Fire Chief and the Fireworks Vendor had approved the site. County Attorey Whitney Parrish advised that the MOA with the City requires the City to receive required permits, ensure the County portion of the park is barricaded and closed, clean after the event, provide the County with a fully executed copy of the City's contract with the fireworks vendor, add the County to its insurance or require the Vendor to add the County to its insurance, and provide the County documentation  prior to the event or the County can terminate the contract.  FREEDOM FEST MAP (1).png SANFORD PARK SITE MAP. pdf MOA_Cly_Fireworks_318.2024.pdr  Motion: Motion to Approve the Memorandum of Agreement with the City of Sanford the the City's July 4th Fireworks Event at Kiwanis Family Park. For: 6- Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver, Mark Lovick, Taylor  Mover: Robert Reives Moved To: Approve Vorbeck  Absent: 1- Dr. Andre Knecht Motion Result: Passed  VI. MANAGERS' REPORTS Services Director.  County Manager Lisa Minter introduced and welcomed Angela Wood as the new Strategic  VII. COMMISSIONERS COMMENTS  4    ADJOURN Mover: Robert Reives Moved To: Approve Absent: 1-Dr. Andre Knecht Motion Result: Passed  Motion: Motion to adjourn. The meeting adjourned at 6:53 p.m.  For: 6- Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver, Mark Lovick, Taylor Vorbeck  Kirk/D. Smith, Chairman Lee County Board of Commissioners  ATTEST:  COUNZ BORE  wr  Whitney Parrish, Assistant Clerk to the Board  5    Consolidated Agreement FY25  Page lof30  FY 2025 CONSOLIDATED AGREEMENT  This Consolidated Agreement: is made between the North Carolina Department ofl Health and Human Services, Division of Child and Family Well-Being (hereinafter referred to as "DCFW") and Division of Public Health (hereinafter referred to as "DPH"), (herein DCFW and DPH collectively referred to as "NCDHHS"), and thel Lee County Health Department (herein after referred to as' "LHD") (herein NCDCFW, NCDPH, and LHD may individually be referred to as a "party" and collectively as the "parties") for the purposes of maintaining and promoting the advancement of public health in North Carolina. This Consolidated Agreement shall cover a period from June 1, 2024 to May 31, 2025 and shall remain in force until the next Fiscal Year Consolidated Agreement is signed except as provided for in Section X. Provision ofTermination. Now, therefore, NCDHHS and LHD agree that the provisions and clauses herein set forth shall be incorporated in and constitute the terms and conditions applicable for activities involving State funding. (State funding or funds means State, federal, and/or special funding or funds throughout this Consolidated Agreement and any  Agreement Addenda.) I. LHD RESPONSIBILITIES A. Performance  1. LHD shall perform activities in compliance with applicable program rules contained in thel North Carolina Administrative Code (NCAC), as well as all applicable North Carolina statutes and federal 2. LHD shall perform the activities specified in the Agreement Addenda for State-funded budgets. LHD must negotiate these. Agreement Addenda in good faith to the satisfaction of NCDHHS representatives as part ofi the. Agreement execution. LHD will: meet or exceed the Agreement Addenda deliverables unless extenuating circumstances prevail and are explained in writing and subsequently approved by the NCDHHS division, section, branch, or program. 3. LHD shall be committed to achieving health equity, promoting inclusion of all populations affected byconditions contributing tol health disparities (including race or ethnicity, sex, sexual identity, age, disability, socioeconomic status, and geographic location), and ensuring all staff, clinical and non- clinical, participate in ongoing training focused on health equity, health disparities, and/or social determinants of health to support individual competencies and organizational capacity to promote 4. LHD shall administer and enforce all rules that have been adopted by the Commission for Public Health or adopted by the Local Board ofHealth, Consolidated Human Services Board, or Board of County Commissioners (hereinafter referred to as "LHD governing board"), and laws that have been 5. LHD shall provide to DPH and DCFW a copy of any rules adopted, amended, or rescinded by the LHD governing board pursuant to N.C.G.S. $ 130A-39 Powers and duties ofal local board ofhealth and Public Health Ordinances adopted by the County Commissioners, within 30 days of adoption or rescission. These rules and ordinances are to be sent to the DPH Deputy Director and DCFW 6. LHD shall provide formal training/orientation for its LHD governing and/or advisory board 7. LHD shall not require a client to present identification that includes a picture of the client for, ata minimum, immunization, pregnancy prevention, sexually transmitted disease, and communicable  laws and regulations.  health equity.  enacted by the North Carolina General Assembly.  Director. members.  disease services.    Consolidated. Agreement FY25  Page 20f30  8. LHD: shall provide or assure provision of care management services for Care Management for High- Risk Pregnancies (CMHRP) and Care Management for At-Risk Children (CMARC) populations. These services may be funded by Medicaid, state or federal funding through. Agreement Addenda, a. Per the federal Child Abuse Prevention and' Treatment Act (CAPTA) requirements, a notification to the county child welfare agency must occur upon identification of an infant as "substance- affected," as defined by NCDHHS, for the development ofal Plan of Safe Care (POSC). NCDHHS requires that all substance-affected infants be referred by the local Child Welfare Agency to CMARC or the designated care management entity for care management and care b. Medicaid requires that the LHD has the first right ofr refusal to provide CMHRP and CMARC LHD shall use every resource including technical assistance from the regional consultants and State CMHRP and CMARC program managers to resolve issues to prevent care, gaps and d. In the event that LHD determines it cannot directly provide care management services for 1) Notify NCDHHS in writing ofLHD'si intention to discontinue the services at least 180 calendar days in advance of discontinuing the services. Notifications regarding the provision ofCMHRP shall be provided to the DPH Deputy Director. Notifications regarding CMARC shall be provided to the DCFW Director. LHD is still responsible to provide the care management services during the 180-day period, until those services are transitioned to another entity who can assure continued care without service gaps; 2) Follow the Care Management Service Termination and Transfer of Services" process from 3) Identify another local health department(s) and/or other entity(ies) that can provide continuous care management services for CMHRP and CMARC populations through SFY25. 9. LHD shall notify the DCFW Director and the DPH Deputy Director if any oft the following occurs: b. Al local health director or interim local health director is appointed or leaves office. LHDI becomes part of a consolidated human services agency, a district, or a public health  private funders, or local funds.  coordination. services through SFY25. discontinuation ofs services.  CMHRP and/or CMARC populations, LHD shall:  the Division of Health Benefits; and  a. There is al legal name change to LHD.  authority.  d. There is any other governance change.  e. LHD is no longer subject to the NC Human Resources Act.  Notification shall bei in writing within the next business day oft the change and is to include a governance organizational chart and any relevant supporting documents reflecting the changes. 10. LHD shall retain financial and program records including electronic records in accordance with the North Carolina Department ofNatural and Cultural Resources' Local Government Schedules records retention policy? and in accordance with the retention of those records as described in Section IV. Fiscal Control, Paragraph H. Records resulting from these services shall not be destroyed, purged, or disposed of except in accordance with the records retention policy and in accordance with State and federal law. The State's basic records retention policy requires all grant  hpsymedcadndhsgoevimedallBlepen hupslarehivesncdergogpvemmenvloal    Consolidated Agreement FY25  Page 3of30  records tol be retained for a minimum of five years or until all audit exceptions have been resolved, whichever is longer. Ifthe contract is subject to federal policy and regulations, record retention may be longer than five years since records must be retained for aj period ofthree years following submission oft the final Federal Financial Status Report, ifapplicable, or three years following the submission of a revised final Federal Financial Status Report. Also, ifany litigation, claim, negotiation, audit, disallowance action, or other action involving this Consolidated Agreement or any Agreement Addenda has been started before expiration oft the five-year retention period described above, the records must be retained until completion oft the action and resolution ofall issues which arise from it, or until the end oft the regular five-year period described above, whichever 11.By. June 30, 2025, all LHD lead public health nurse administrators will have developed aj plan in partnership with thel DPH Office oft the Chief! Public Health Nurse (OCPHN) and North Carolina Institute for Public Health (NCIPH) to have all registered nurses working inj public health nurse positions complete the North Carolina Credentialed Public Health Nurse course by 2027. Newly- hired registered nurses without al baccalaureate degree in nursing continue to have one year to  isl later.  complete the course per NCAC.  B. Data/Reporting  1. LHD shall report client, service, encounter, and other data as specified by applicable program rules, Agreement Addenda for State-funded budgets, North Carolina General Statutes, thel North Carolina Administrative Code, and/or federal law or regulation. Data shall be reported through North Carolina's centralized reporting system known as the LHD Health Services Analysis (LHD-HSA). To ensure that such data is accurately linked to the specific client served in a manner that results ina unique identifier from the DHHS Common Name Data Service except as allowed by N.C.G.S. $130A-34.2, LHD shall allow the State to submit (on its behalf) the Social Security Numbers ofa all 2. LHD shall submit monthly reports of On-Site Wastewater activities to the On-Site Water Protection Branch in the DPH Environmental Health Section in the format provided by the DPH Environmental 3. LHD shall provide access to patient records to authorized staff from DCFW and DPH for technical consultation, program monitoring, and program evaluation, as specified by this Consolidated Agreement, Agreement Addenda for State-funded budgets, North Carolina law, North Carolina 4. Ina accordance with N.C.G.S. $ 130A-94, the local health director shall serve as the local registrar of vital statistics. In accordance with N.C.G.S. $ 130A-96, the local registrar shall appoint a deputy local registrar. The LHD shall report the name and contact information of any local registrar and deputy local registrar to the State Registrar of Vital Statistics within one business day of appointment. Thel LHD shall also report to the State Registrar when any local registrar or deputy registrar resigns or otherwise departs from the role. Thel local registrar shall fulfill duties as set out in N.C.G.S. $ 130A-97. In accordance with N.C.G.S. $ 130A-97(5), the local registrar may have a copy ofthe data from each certificate and maintain it for up to two years. This data shall be maintained securely, as set out in Subparagraphs 5., 6., and 7 below, and used in accordance with applicable 5. LHD: shall provide network and internet access at its facilities (or to the county network where a. Connect with critical data and surveillance systems including, but not limited to, the North Carolina Health Alert Network (NC HAN), North Carolina Electronic Disease Surveillance  clients to the Social Security Administration for verification.  Health Section.  Administrative Code, and federal law and regulation.  law.  desired) in order to:    Consolidated Agreement FY25  Page 4 of30  System (NC EDSS), North Carolina Immunization Registry (NCIR), Local Health Department Health Services Analysis (LHD-HSA), North Carolina Crossroads WIC System, North Carolina Database Application for Vital Events (NCDAVE), Electronic Birth Registration System (EBRS), and Environmental Health Inspection Data System (EHIDS); b. Rapidly communicate email alerts to and from DPH regarding bioterrorism and public health Access NCDHHS training material and information used for training staff, including access to Report electronically all required DPH Environmental Health Section inspection data in the 6. LHD: may utilize security products (e.g., firewalls) ofits choosing to maintain network connectivity and security integrity. The LHD network configuration and security practices must allow 7. LHD: shall be responsible to report all privacy and security breaches that may affect NCDHHS data and surveillance systems to NCDHHS as soon as possible but no later than 24 hours from discovery oft the breach by completing a report via the NCDHHS Privacy and Security Office- - Incident Reporting Form.I Ifthe breach involves Social Security Administration (SSA) data or Centers for Medicare and Medicaid Services (CMS) data, the LHD shall report the breach within 1 hour of becoming aware of the breach. This may include but is not limited to ransomware attacks, malicious code execution, or network breaches. LHD's access to NCDHHS data and surveillance systems may bel limited or turned offuntil proof ofremediation is supplied by LHD. LHD shall reimburse NCDHHS or otherwise bel held responsible for the costs associated with giving affected persons written notice of aj privacy or security incident, as required by any applicable federal or state law, when the privacy or security incident arises out of LHD's performance under this Consolidated Agreement or Agreement Addenda. Ifa subcontractor is used by LHD ini its performance oft this work, the LHD must hold the subcontractor to the same privacy and security requirements set out in  topics (outbreaks, emergency alerts, etc.);  webinars;  d. Maintain a secure infrastructure for remote data entry; and format and frequency specified by DPH.  communication with systems within the NCDHHS networks.  this Consolidated Agreement and Agreement Addenda.  Assessments: and Plans  1. LHD shall provide to the DPH Community Health Assessment Director:  a. Ad comprehensive community health assessment (CHA) at least every four years for each county 1) The CHA report is due on the first Monday in March following the year of CHA. 2) The CHA report shall be submitted as an attachment via the web-based software, Clear Impact Scorecard. The executive summary and community priorities will appear in the note 3) The CHA shall be a collaborative effort with local partners inclusive of hospitals, businesses, community partners, and local community health coalitions, and the CHA report shall identify al list ofcommunity health problems based on the assessment. 4) The CHA report shall include primary and secondary data that is collected and analyzed. 5) Secondary data shall be obtained from published statistical tables and reports from the State Center for Health Statistics (SCHS) or other official sources.  or health district as follows:  fields.  hupalkxcurlynahlsgow.    Consolidated Agreement FY25  Page 50f30  6) Primary data needs and methodologies shall be determined once secondary data have been reviewed and gaps in knowledge about the community are identified. 7) After analyzing primary and secondary data, the CHA report shall describe available community resources and resource needs for thei identified community health problems. 8) Each identified community health problem shall bej prioritized and described in the narrative. The CHA report shall include data analysis oft those indicators listed in the Accreditation b. AC Community Health Improvement Plan (CHIP) no later than six months after the completion of 1) The CHIP is due by the first Monday in September following the year of assessment. 2) The CHIP shall be submitted via the web-based software, Clear Impact Scorecard. 3) The CHIP shall address a minimum of two priorities identified int the most recent community 4) The CHIP shall be data driven and derived by using results-based accountability to focus on both population and program accountability. Results, indicators, programs, and performance 5) The CHIP shall be aligned with one or more oft the Healthy North Carolina 2030 (HNC 2030) indicators and use best evidence interventions targeting health behaviors, the physical 6) The CHIP shall be aligned with the current North Carolina State Health Improvement Plan 7) The CHIP shall be updated at least annually, and LHD must monitor its performance against  Self-Assessment Inventory, Benchmark 1, Activity 1.1.  the CHA as follows.  health assessment.  measures must be included.  environment, social and economic factors, and/or clinical care. and consider policy recommendations as a best practice opportunity. 8) Components oft the CHIP may persist across CHA-CHIP cycles when: a) the health problem persists and continues to be aj priority; and c) the interventions need to be expanded to a new target population.  the CHIP annually.  b) new interventions are needed; and/or  As state of the county or district health report (SOTCH) during each interim year between CHAS 1) The SOTCH is due by the first Monday in March in years when a CHA report ist not 2) The SOTCH shall be submitted via the web-based software, Clear Impact Scorecard.  as follows: submitted.  3) The SOTCH shall include:  a) progress made on each performance measure in the CHIP; b) morbidity and mortality changes since the last CHA; ) emerging issues since the last CHA; and d) new, paused, and/or discontinued initiatives since the last CHA.  2. LHD shall make a written request for any variances in submission ofCHA, CHIP, and SOTCH documents in advance oft the required date of submission. Emails may bes sent to thel DPH 3. For LHD accreditation, all instances of Clear Impact Scorecard must be linked to the HNC2030  Community Health Assessment Director at chasotch@dhnsnegov.  Scorecard licensed by DPH.    Consolidated Agreement FY25  Page 60 of30  4. Guidance about CHA, CHIP, and SOTCH is located on the North Carolina State Center for Health  Statistics website under "Local Data Analysis and Support." "4  II. NCDHHS RESPONSIBILITIES A. Training, Consultation, and Support  1. DCFW and DPH shall provide training to LHD for LHD's response to this Consolidated Agreement and to the. Agreement Addenda. Upon request, consultation will be provided by DCFW and/or DPH 2. DCFW and/or DPH shall provide coordination and support for the education and training for the public health workforce, including developing training opportunities at the Section/BranchProgram level to achieve health equity, promote inclusion of all populations affected by health disparities (including racial/ethnic minority groups and persons with disabilities), and ensure all staff, clinical and non-clinical, have opportunities for training focused on health equity, health disparities, and/or social determinants of health to support individual competencies and organizational capacity to 3. DCFW and DPH shall provide leadership forl liaison activities between NCDHHS and LHD for general problem solving and technical support around areas addressed within this Consolidated 4. DPH shall provide high-level consultation, technical assistance, and advice to local health directors and teams via thel DPH Local and Community Support (LCS) Section. For more information, contact the DPH Deputy Director/LCS Section Chief. Broad content areas include, but are not limited to:  tol LHD.  promote health equity.  Agreement.  a. Board Relations; b. Management Teams and Staffing; Policy Development; d. Program Planning and Implementation; Quality and Performance Improvement; and  General Administrative Consultation, including consultation and technical assistance in budgeting, fiscal, administrative and management support topic areas.  5. DCFW and DPH shall provide technical assistance and consultant services, as required, for specific health program areas, including providing guidance and consultation about specific patient clinical issues, when requested. Contact the specific division'ss section chief or branch head to arrange for 6. DPH shall provide course coordination, consultation, and technical assistance on nursing practice and standards, policies, and procedures that cross programs via the DPH LCS Section, Local Technical Assistance and Training Branch (LTATB). Contact the DPH Chief Public Health 7. DPH shall provide support and consultation to the public health workforce in LHD, through the provision ofregional public health consultants who offer professional development and training on finance, billing, and budget. Contact the DPH ChiefPublic Health Nurse/Branch Head, LTATB to  technical assistance and consultant services.  Nurse/Branch Head, LTATB to arrange this assistance.  arrange a consultation.  htpaaclhdphandaisgevumivdiyela.nm    Consolidated Agreement FY25  Page 7of30  8. By December 31, 2024, OCPHN will convene a workgroup ofLHD lead public health nurse administrators to begin to devise a statewide plan for all registered nurses working in LHD public health nurse positions to complete thel North Carolina Credentialed Public Health Nurse course by  2027. (The statewide plan should be complete by. June 30, 2025.)  B. Performance  1. DCFW and DPH shall act as liaisons between the public health system and the Division ofHealth Benefits (the State's Medicaid agency) on issues related to Medicaid-reimbursed serviçes provided by the State and LHD. DCFW and DPH shall cooperate with the Division ofHealth Benefits to provide technical assistance, guidance, and consultation to local health programs to ensure 2. For services oft the DPH State Laboratory of Public Health (SLPH), DPH shall:  compliance with Medicaid policies and procedures.  a. Provide free or at-cost mailers that meet the US Postal Service/DOT UN3373 Biologic substance shipping and packaging regulations for samples submitted to the SLPH only, when ordered via Ensure that SLPH maintains Clinical Laboratory Improvement Amendments of 1988 (CLIA) Collect interest (per N.C.G.S. $ 147-86.23 Interest and penalties) and a 10% late fee as Provide a qualified Laboratory Director and a' Technical Consultant for LHD's! laboratories participating int the North Carolina SLPH CLIA Contract Program. Services provided by the oversight of this personnel include training and continuing education, CLIA inspection assistance, proficiency testing and enrollment, competency assessment, and models for 3. DCFW and DPH will provide support and technical assistance for LHD to comply with all applicable laws, regulations, and standards relating to the activities covered in this Consolidated 4. DCFW and DPH: shall conduct reviews, audits, and program monitoring to determine compliance with the terms oft this Consolidated Agreement and its associated Agreement Addenda.  the SLPH's web-based mailroom ordering system;  b. Ensure qualified personnel to process, analyze, and report test results;  certification;  d. Submit invoices to LHD via electronic means;  appropriate; and  laboratory forms, procedures, and policies.  Agreement.  .D Data/Reporting  1. DCFW and DPH shall provide automated data and surveillance systems to collect and store client, service, encounter, and other data related to DCFW and DPH programs on behalfofLHD and other public health programs. DCFW and DPH shall provide business and technical support to the users of these systems. DCFW and DPH shall notify LHD as opportunities and/or timelines for improved or emerging technology systems occur. These systems may include, but are not limited to: a. LHD-Health Services Analysis (LHD-HSA) for automated reporting of clinical service data b. Environmental Health Inspection Data System (EHIDS) for Food and Lodging inspection and Aid-to-Counties Database (ATC) for reporting and claiming State funds and any federal funds  fields; billing data;  which are allocated by DPH or DCFW;    Consolidated Agreement FY25  Page 8 of30  d. North Carolina Health Alert Network (NC HAN); North Carolina Immunization Registry (NCIR); North Carolina Crossroads WIC System; h. Electronic Birth Registration System (EBRS); COVID-19Communiy Team Outreach (CCTO) Tool; COVID-19 Vaccine Management System (CVMS); and  North Carolina Electronic Disease Surveillance System (NC EDSS);  k. North Carolina Database Application for Vital Events (NCDAVE) for electronic death Other automated data and surveillance systems may be added as they are developed; others may be 2. DCFW and DPH shall be responsible ini its use of data received and reviewed ini its various roles asa public health authority, health oversight agency, and business associate. Protected health information (PHI) received by DCFW and DPH in its capacity as a covered entity or business associate shall be protected as required by thel Health Insurance Portability and Accountability Act of1 1996 (HIPAA) (see this Consolidated Agreement's Attachment B: Business Associate Agreement Addendum). D. Fund Availability and Notification: DCFW and DPH shall provide to LHD the Budgetary Estimates of Funding. Allocations no later than February 14 ofe each year to use inj preparation ofits local budget proposals per current General Statute unless exceptions are: noted in the respective Agreement Addenda. The Agreement. Addendum for Activity 874 Food and Lodging is an exception, as the Agreement Addendum for it will be provided to LHD no later than March 30 for the State Fiscal Year (SFY)in 1. DCFW and DPH shall each provide a Funding Authorization document to LHD after the receipt of 2. Following receipt of the Certified State Budget for the fiscal year and upon receipt oft this executed Consolidated Agreement and the executed Agreement Addenda, DCFW and DPH shall make funds available to LHD at the beginning of each fiscal year through the Aid-To-Counties Database (ATC). Funds will be dispersed in accordance with the LHD's certified expenditure reporting within ATC, and payments will be made to. LHD according to the NCDHHS Controller's Office Aid-to-Counties Expenditure Control Schedule issued December ofe each year for the following calendar year.  registration. discontinued.  which payment will be made. the Certified State Budget.  III.FUNDING STIPULATIONS A. Use of Funds  1. Funding for this Consolidated Agreement and all Agreement Addenda is subject to the availability of State, federal, and Special Funds for the purpose set forth in this Consolidated Agreement and the 2. During the period ofthis Consolidated Agreement, LHD shall not use State, federal or Special Project funds received under this Consolidated Agreement or any Agreement Addenda to reduce locally appropriated funds as reflected in the Local Appropriations Budget (see Section IV. Fiscal  Agreement Addenda.  Control, Paragraph H. Local Appropriations Budget).    Consolidated Agreement FY25 B. Compliance  Page 90f30  1. Toreceive funding under this Consolidated Agreement, LHD shall comply with IOA NCAC 46, 2. LHD shall maintain authenticated employee time records to document the actual work activity of each employee on a daily basis. The percentage oft time each employee spends ine each activity shall be converted to dollars based upon the employee'ss salary and benefits at least on a monthly basis. The computation shall support the charges for salaries and benefits to all federal and State grants (as required in 2C.F.R. Part 200) as well as provide the documentation of detailed labor cost per activity  Section 0200 Standards for Local Health Departments.  forj preparation of Medicaid Cost Report. 3. LHD charges/billing. LHD shall:  a. Establish one charge per clinical/support service for all payors (including Medicaid) based on its b. Bill all payors the established charge (with the exception that when billing 340B Drug Pricing Program drugs or devices to Medicaid, all drugs or devices purchased using 340B Program must Make every reasonable effort to collect charges for services through public or private third-party payors (except where prohibited by federal regulations or State law) noting, however, that no one shall be refused services mandated by law solely because of ani inability to pay; and d. Review all LHD fees, including environmental health fees, annually with the governing body in accordance with the North Carolina Local Health Department Accreditation Board guidance and LHD may accept negotiated or other agreed upon lower amounts (e.g., the Medicaid reimbursement 4. LHD shall comply with the federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards ("Uniform Guidance"). codified at 2C.F.R. 200, when a. When procuring goods and services with federal grant funds, LHD shall apply the most restrictive rule when following federal, State, and local government procurement: requirements. 5. When administering the Women, Infants, and Children'sl Program (WIC), LHD must adhere to the requirements set forth in Section 361 ofthel Healthy Hunger-Free Kids Act of2010, which amended Section 12(b) ofthe Richard B. Russell National School Lunch Act (NSLA), 42U.S.C. 1760(b). This Act requires local health departments to support full use of the federal administrative funds provided for the WIC program. The federal administrative funds are specifically excluded from budget restrictions or limitations including, at a minimum, hiring freezes, work furloughs, and travel 6. LHD agrees to execute the following consolidated Federal Certifications (Attachment C) as applicable when receiving federal funds and to immediately notify the DCFW Director and the DPH Deputy Director ift the certifications, as executed, changc during thc term of the Consolidated  related costs as permitted by N.C.G.S. $ 130A-39(g); bel billed to Medicaid at the acquisition cost);  local policies. rate) as payment in full.  utilizing federal grant funds.  restrictions.  Agreement:  a. Certification regarding Nondiscrimination;  b. Certification regarding Drug-Free Workplace Requirements; Certification regarding Environmental Tobacco Smoke;    Consolidated. Agreement FY25  Page 10 of30  d. Certification regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower  Tier Covered Transactions; and - Certification regarding Lobbying.  7. Pursuant to the Federal Funding Accountability and Transparency Act (FFATA), LHD is required to submit to DCFW and DPH information that is reportable by DCFW and DPH for all qualified sub- awardees of federal funds. LHD will complete and submit the FFATA Data Reporting Requirement forms provided by DCFW and DPH to determine the eligibility as a sub-awardee for reporting purposes. Information provided by LHD willl be used by DCFW and DPH toi report subawards (funding authorizations) equal to or greater than $30,000 from each federal grant. 8. Ifthe LHD's Unique Entity Identifier (UEI) changes, the LHD shall provide its new UEI to the DCFW Director and the DPH Deputy Director. DCFW and DPH use the LHD'sUEI when reporting subawards in the FFATA Subaward Reporting System (FSRS). The federal government's! System for Award Management (SAM) assigns the UEI to uniquelyi identify business entities. 9. LHD: shall comply with the federal Required Disclosures for Federal Awardee Performance and Integrity Information System (FAPIIS) when receiving federal funds: LHD shall disclose, in ai timely manner, in writing to the NCDHHS funding entity (DPH or DCFW) and the federal Health and Human Services Office oft the Inspector General (HHS OIG) all information related to violations of federal criminal law involving fraud, bribery, or gratuity violations potentially: affecting the federal award. Disclosures must be sent in writing to the DPH Deputy Director or DCFW Director and to  HHS OIG. (Guidance is available on thel HHS OIG website.")  C.T Training Reimbursement  1. Subject to the availability of funds and approval by the DPH Office of the ChiefPublic Health Nurse/Local Technical Assistance Training Branch, LHD may request reimbursement of expenses for) LHD Managemen/Supenvision level staff participating in the Management and. Supervisionj for Public Health Professionals course. Reimbursement is $600 per participant upon successful completion oft the course. Reimbursement requests must be submitted by LHD to the Local Technical Assistance and Training Branch within the same fiscal year the course is completed. The Training Funds Reimbursement Request Form can be found on the DPH For Local Health Departments website under "General Information: Training Reimbursement. "6 2. Subject to the availability of funds and approval by thel DPH Environmental Health Section, LHD may request reimbursement for in-person Centralized Intern Training (CIT) and a one-time mileage allocation. Reimbursement requests must be submitted by LHD to the DPH Environmental Health Section within 60 days of course completion and within the same fiscal year the training is completed. Reimbursement requires successful completion oft the course. No reimbursements are offered for virtual trainings. (Reimbursement Request Form DHHS 4125 Centralized. Intern Training Funds Reimbursement, Request is available on the DPH Environmental Health website  under "Centralized Intern Training and. Authorization.")  hupsloighhsgowcomplamcekaidicloureiohlsoggtelidiclour-progam Note: This form can also be downloaded: at p-dAah-pidaeTasudaidnee psehdphneallsgovioetaa/Canmliadinemiaénihaskammbummekegpespatr  Mpeww4PhasclisgovnaldPanmas https:llehs. .dph.ncdhhs. govloct/ndex.htm Note: This form can also be downloadedat    Consolidated Agreement FY25  Page 11 of30  a. For Interns attending CIT sessions in person, reimbursement amounts are based on the session  attended:  I) Food Protection & Facilities Track - $280 2) On-Site Water Protection' Track - $560 3) Tier 2 General EH Module - $280 I) Food, Lodging, & Institutions - $170 2) Child Care & School Sanitation - $62 3) On-Site Water Protection - $450 4) Private Drinking Water Wells - $62 5) Public Swimming Pools - $62 6) Tattoo- $62  b. For cross-training Registered Environmental Health Specialists (REHS) attending CIT sessions  inp person, reimbursement amounts are based on the session attended:  A one-time mileage allocation per two REHSS from the same county per training session is based on one of the four geographical areas in which they are employed. 1) Area 1- $57: Alamance, Caswell, Chatham, Cumberland, Duplin, Durham, Edgecombe, Franklin, Granville, Greene, Guilford, Halifax, Harnett, Hoke, Johnston, Lee, Lenoir, Montgomery, Moore, Nash, Orange, Person, Randolph, Sampson, Vance, Wake, Warren, 2) Area 2- $170: Alexander, Alleghany, Anson, Ashe, Beaufort, Bertie, Bladen, Brunswick, Cabarrus, Camden, Carteret, Catawba, Chowan, Columbus, Craven, Currituck, Dare, Davidson, Davie, Forsyth, Gaston, Gates, Hertford, Hyde, Iredell, Jones, Lincoln, Martin, Mecklenburg, New Hanover, Northampton, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Pitt, Richmond, Robeson, Rockingham, Rowan, Scotland, Stanly, Stokes, Surry, 3) Area 3 - $283: Avery, Buncombe, Burke, Caldwell, Cleveland, Haywood, Henderson, Jackson, Madison, McDowell, Mitchell, Polk, Rutherford, Transylvania, Yancey.  Wayne, Wilson.  Tyrrell, Union, Washington, Watauga, Wilkes, Yadkin. 4) Area 4 - $396: Cherokee, Clay, Graham, Macon, Swain.  D. Purchases  1. Equipment is a type of fixed asset consisting ofs specific items of property that: (1)is tangible in  nature; (2) has al life longer than one year; and (3). has a significant value.  a. For Inventory Purposes:  1) Equipment must be accounted for in accordance with guidance published by the Governmental Accounting Standards Board (GASB) for capital assets. 2) All equipment with an acquisition cost of $500 or more that was purchased with Women, Infants and Children (WIC) Program Funds prior to. January 1,2018 willl be inventoried with the DCFW Community Nutrition Services Section. The LHD is responsible for assigning a fixed asset number and applying ai fixed asset tag to equipment purchased by the LHD, using WIC funds, after January 1, 2018. Within 60 days of the purchase, the LHD will provide to the DCFW Community Nutrition Services Section a written report of the purchase, including ac description ofthe item purchased, serial number, fixed asset tag number, and a copy of the 1) Unless a more restrictive requirement applies in an Agreement Addendum, all equipment purchased or leased with an acquisition cost exceeding $2,500, where there is an option to  bill of sale. b. For Prior Approval Purposes:    Consolidated Agreement FY25  Page 12 of30  purchase with State/federal funds, the purchase or lease must receive prior written approval from the appropriate Section and Branch within DCFW or DPH. [See Subparagraph 21 below for WIC requirements.] For those purchased with DPH Public Health Preparedness and Response (PHP&R) Branch funds only, any purchase exceeding $2,500 per invoice shall be treated as a single purchase for prior approval purposes. [For example, on one invoice, the LHD purchases a computer, monitor, and printer totaling more than $2,500, or purchases six 2) For WIC, all computer and medical equipment, whether purchased or leased, must receive prior written approval from the DCFW Community Nutrition Services Section regardless of cost.. All other tangible assets non-computermedica) with an acquisition cost exceeding $500: must reçeive prior approval. Computer accessories, such as keyboards and monitors, do LHD must utilize the depreciation schedule provided by the State for all assets with an acquisition cost of $5,000 or greater. The accumulated depreciation shall be: recorded in the  computers at $500 each.]  not require approval. For Accounting Purposes  general fixed assets account group.  2. Prior approval required for purchases other than equipment:  a. Forl DPH PHP&R: Branch funds, purchases for meals and refreshments must receive prior written b. The use ofMedicaid fees generated by maternal and child health programs for capital improvements requires prior written approval from the State Title VI Director; the State Title V Director will secure proper programmatic approval as applicable. For other prior approval requirements, see individual Agreement Addenda.  approval from the DPH PHP&R Branch.  IV.FISCAL CONTROL  A. LHD shall comply with the Local Government Budget and Fiscal Control Act, North Carolina General 1. LHD shall maintain aj purchasing and procurement system in accordance with generally accepted accounting principles and procedures set forth by the Local Government Commission.* B. LHD shall execute written agreements with all parties who invoice LHD for payment for the provision ofservices to patients. Exceptions may be permitted in cases where the patient has aj preference for a non-contracted provider and that provider verbally agrees to abide by program requirements and to  Statute Chapter 159, Article 3.  accept program payment as payment in full.  .When subcontracting, LHD must meet the following requirements:  1. LHD is not relieved ofthe duties and responsibilities provided in this Consolidated Agreement and 2. LHD will not enter into a financial assistance agreement with any entity on the current North Carolina Office of State Budget and Management (OSBM) Suspension of Funding List (SOFL) and shall withhold funds not yet disbursed until the entityl has been removed from the SOFL. Updated  Agreement Addenda.  SOFLS are released weekly and are available on the OSBM website."  MPIKwweeABureNéNwméhpneasalpemmsommiswn htps/Awww.osbm.ncowsewardtip.senvicesygans-mannagemenvausyension-funding-memos    Consolidated Agreement FY25  Page 13 of30  3. LHD shall require its subcontractor to agree to abide by the standards set out in this Consolidated Agreement and relevant Agreement Addenda or to provide such information as to allow LHD to 4. LHD shall subject its subcontractor to all conditions of this Consolidated Agreement and ofa any subsequent Agreement Addenda for which they perform work on behalfofLHD. 5. LHD shall require its subcontractor to allow DCFW and/or DPH and federal authorized representatives access to any records pertinent to its role as a subcontractor ofLHD. 6. Upon request, LHD will make available to DCFW and/or DPH a copy of subcontracts supported D. LHD must receive prior written approval from the DCFW Director and/or the DPH Deputy Director to 1. LHD proposes to subcontract to a single entity 50 perçent or more of the total State and federal funds 2. LHD proposes to subcontract 50 percent or more, or $50,000, whichever is greater, ofthe total State and federal funds made available through this Consolidated Agreement or any Agreement E. LHD must receive prior written approval from the Program Contact listed on the applicable DCFW or DPH Agreement Addendum to subcontract when either oft the following conditions exist: 1. LHD proposes to subcontract for any oft the services in the Special Supplemental Nutrition Program 2. LHD provides financial assistance ofany funding amount with a contract to a subrecipient who will carry out the LHD's programmatic responsibilities within the Agreement Addendum, regardless of  comply with these standards.  with State or federal funds.  subcontract when either oft the following conditions exist: made available through this Consolidated Agreement;  Addendum.  for Women, Infants and Children (WIC Program).  funding source.  F.D Definitions for Subrecipient and Vendor:  1. Subrecipient: The federal government defines a subrecipient as a non-federal entity that receives a subaward from aj pass-through entity to carry out part ofa federal [or State] program. 10 It does not include an individual who is a beneficiary of such program (e.g., a client) or a vendor that provides administrative services (e.g., accountant, staffing) or products (e.g., software, assessment) to the As subrecipient receives financial assistance to provide core programmatic services and is responsible for how the programmatic work is done, programmatic and financial reporting, and abiding by the 2. Subrecipient relationship: A subrecipient relationship exists when the LHD issues its own subaward for financial assistance via a contract with an entity, through which the entity becomes responsible for the programmatic work, reporting, and award terms and conditions in the same way the LHD is responsible. LHD is responsible for monitoring its subrecipients in the same way DCFW and DPH 3. Vendor: A vendor provides goods and/or services to the LHD via aj purchase order or contract top pay for the purchased goods or services. A vendor has no responsibility beyond delivering the purchased goods or services; a vendor is not responsible for the programmatic work, reporting, or award  program.  award terms and conditions.  monitor the LHD. (See Section XI. "Compliance," paragraph B.)  1h MpehwtigaamsusdwaAyeNpswwpiCNaDPId-SNawiN  200.331    Consolidated Agreement FY25  Page 14 of30  terms/conditions within the applicable Agreement Addendum. A vendor provides these goods or services as part ofi its regular business to any customer that orders from it or contracts with it. G. LHD shall return by email a signed copy ofall DCFW Funding Authorization documents to the DCFW Budget Office and a signed copy ofa all DPH Funding Authorization documents to the DPH Budget H. LHD shall retain a copy ofa all signed Funding. Authorization documents, the files (paper or electronic) produced by the LHD to document its monthly expenditure requests made in the Aid-to-Counties Database (ATC), this signed Consolidated Agreement and subsequent Amendments, all signed Agreement Addenda, signed Agreement Addenda Revisions, and other financial records in accordance with the current Records Disposition Schedule for Local Health Departments issued by the North Audits/Monitoring: The county or LHD shall have an annual audit performed in accordance with the Single Audit Act of 1984 (with amendment in 1996) and 2 C.F.R. Part 200. The audit report shall be submitted to the Local Government Commission (LGC) by the County Administration (ifs single county LHD) or the District Health Department or Public Health Authority (ifs so organized) within six months following the close oft the Agreement. Audit findings referred to the NCDHHS Internal Audit Office by LGC willl bei investigated and findings verified by the NCDHHS Controller's Office staff with assistance  Office.  Carolina Department of Natural and Cultural Resources."  ofDPH and/or DCFW Program Staff. .I Local Appropriations Budget:  1. LHD shall prepare and maintain a Local Appropriations Budget (reflecting the plans to use local appropriations or earned fees) for each Agreement Addendum in a manner consistent with instructions provided in funding-specific budgetary guidance from DCFW and DPH and the specific 2. LHD: shall not reduce county appropriations for maternal and child health services provided by the local health departments because they have received State appropriations for this purpose, pursuant toN.C.G.S. $ 130A-4.1.(a): State funds for maternal and child health care/nonsupplanting. 3. LHD shall budget and expend all income earned by LHD for maternal and child health programs supported in whole or in part from State or federal funds, received from NCDHHS, to further the objectives ofthe program that generated the income, pursuant to N.C.G.S. $ 130A-4.1.(b) State 4. LHD shall not reduce county appropriations for health promotion services provided by the local health departments because theyl have received State appropriations for this purpose, pursuant to 5. LHD shall complete and return to DPH the LHD Assurance of County Appropriations Maintenance (Nonsupplanting) (Attachment A) regarding its compliance with these requirements. K. Local Earned Revenues Budgeting and Reporting: LHD shall observe the following conditions when 1. Locally appropriated funds may not be withdrawn due to fee collection greater than projected in the budget or due to new grant funding except during the last two months oft the fiscal year to allow the  guidance from the respective programs.  funds for maternal and child health carenonsupp.anting.  N.C.G.S. $ 130A-4.2. State funds for health romotonnonsupaning  budgeting and expending Local Earned Revenues: county to manage end of year budget close out.  "mpalarahheamadergevemaalptenNaNNdpatmati-cille    Consolidated Agreement FY25  Page 15of30  2. Earned revenue (officially classified as local funds). must be budgeted and spent in thej program that a. Revenue generated by a women's or children' s health program may bel budgeted and expended in: any women's or children's health program, unless a specific Agreement Addendum has a 3. LHD: shall not use personal health program funds to support environmental health programs nor use environmental health program funds to support personal health programs. 4. Use ofp program income generated by the expenditure offederal categorical funds will be governed by applicable federal regulations, including, but not limited to, 2 C.F.R. Part 200. 5. Al local account shall bei maintained for unexpended earned revenues (i.e., Title XIX fees, private insurance, or private pay! [cash]). Accounts shall be maintained in sufficient detail to identify the 6. The amount ofTitle XIX fees budgeted and expended in FY 2024-2025 must equal or exceed the amount ofTitle XIX revenues earned during FY 2022-2023. The State will not approve program activity budgets that do not include an amount ofTitle XIX fees sufficient to meet the requirements ofthis section. The State may waive this requirement ifLHD provides sufficient justification. 1. LHD shall submit its actual State, federal, and local required match expenditures for all its program Activities to the NCDHHS Controller's Office via the Aid-to-Counties Database (ATC). 2. Specific ATC instructions and training will be provided by DPH LTATB to LHD. 3. Submission dates for these expenditures are published each December for the following calendar year by the NCDHHS Controller's Office and are found ini its Aid-to-Counties Expenditure Control Schedule. This schedule allows LHD at least seven days to enter the pertinent month's expenditures into ATC. LHD must submit these monthly Expenditure Reports via ATC consecutively throughout the Consolidated Agreement period. Failure to meet the month'sr reporting deadline will result int the 4. Thel LHD'sl health director and finance officer will approve the monthly expenditures in ATC to certify them. Certification here indicates that the total State and federal expenditures reported by the LHD, as well as the local required match expenditures, are valid for the pertinent month's actual expenditures. Funding is based on an allocation method, not a contract method, and counties receive reimbursement for services provided during one: month in the following month. Once the LHD has certified the month's expenditures in ATC, ATC will alert the NCDHHS Controller's Office staff that expenditures have been approved and certified, and are ready to be 5. May is the last service month to be paid in the SFY, with the final expenditure reporting submitted, certified, and paid in June. (Services provided in. June are reported in July and will be paid out of the 6. When Agreement Addenda are supported by federal funding or grants that do not coincide with the SFY, care must be taken to be attentive to the service month and payment months for each, grant as well as the ending liquidation date for each grant. Expenditures of federal funds must be reported according to the funding period for a grant. For each grant, the Budgetary Estimate document and  earned it unless otherwise noted in the respective Agreement Addenda.  more restrictive: requirement.  program source generating the fees.  L.A Aid-to-Counties Database and Expenditure Reporting:  exclusion oft those expenditures for that month.  paid.  next SFY.)    Consolidated Agreement FY25  Page 16 of30  the Funding Authorization document will have service and payment month dates listed. Failure to report expenditures after the payment period ends may result in non-payment. 7. LHD shall have the opportunity to amend its expenditure reporting in the month following discovery oft the error. LHD: must not wait to submit its adjustments as there must be sufficient time remaining for verification oft the adjustments before the last payment in the SFY. a. In accordance with Subparagraph 6 above, LHD must ensure that its reporting adjustments against federal funds are received in time to be paid within the grant's payment period. Amended expenditure reports must be submitted no later than the next reporting date after the grant period ends in order to be paid, unless an exception is approved by the DCFW Budget Office or the b. Any overpayments identified by either the State or LHD will be adjusted out ofthe next month's claim for reimbursement by the NCDHHS Controller's Office or by submitting a check to NCDHHS for payment ifiti is the last month of the fiscal year or ifthe federal grant is closed.  DPH Budget Office, as appropriate.  There is no provision to carry forward funds from one SFY to another. 8. LHD shall review its prior reimbursement claims against payments monthly.  V. PERSONNEL POLICIES  A. LHD shall adhere to and fully comply with State and county personnel policies, as applicable. B. Environmental Health Specialists employed by the LHD shall be delegated authority by the State to administer and enforce State environmental health rules and laws as directed by the State pursuant to N.C.G.S. $ 130A-4 Administration. This delegation shall be done according t0 15A NCAC010. .0101 1. LHD ist responsible for sending its newly employed environmental health specialists (interns) to 2. Arrangements for centralized intern training for newly employed environmental health specialists will bel handled by DPH Environmental Health Section Education and" Training Staff. 3. LHD, when contracting with an environmental health specialist (EHS) employed by another entity, shall be responsible for ensuring that all original documents/public records (e.g, permits, inspection reports, correspondence) generated by the contracted EHS be maintained by LHD. All contracts covering this work shall stipulate that the contracted EHS shall be available for consultation with the C.LHD: shall comply with 10A NCAC 46. .0301 Minimum Standard Health Department: Staffing and I0A D. LHD shall complete the State Certifications (Attachment D) regarding its compliance with E-Verify, its eligibility status as a contractor, and that its officers have not violated any State or federal Securities  Scope of Delegated Authority.  centralized intem training within 180 days from date ofe employment.  public concerning work performed under the contract.  NCAC 46. .0302 Medical Consultants.  Acts.  VLCONFIDENTIALTY  A. LHD shall protect the confidentiality of all information, data, instruments, documents, studies, or reports received under this Consolidated Agreement and/or Agreement Addenda in accordance with the standards of the State ofNorth Carolina and NCDHHS privacy and security policies,' 12 applicable local  Mpelpolicisadhlisgoutpmsmalpalsemmahadslipisyyamoacunlymamais    Consolidated. Agreement FY25  Page 17 of30  laws, State regulations, and federal regulations including: the Privacy Rule at 45 C.F.R. Part 160 and subparts A and EofP Part 164, Security Standards at 45 C.F.R. Parts 160, 162, and subparts A and Cof Part 164 ("the Security Rule"), and the applicable provisions oft the Health Information Technology for B. Allinformation obtained by LHD personnel in connection with the provision of services or other activity under this Consolidated Agreement and/or Agreement. Addenda shall be confidential, except as may be required or allowed by law or otherwise permitted by this Consolidated Agreement and/or Agreement Addenda. Information may be disclosed in accordance with North Carolina and federal law, which may include in summary, statistical, or other form that does not directly or indirectly identify particular individuals. Otherwise, information shall not be disclosed or made available to any individual or organization without the prior written consent oft the client or responsible person, except as may be required or allowed by law or otherwise permitted by this Consolidated Agreement and/or Agreement C.LHD employees, contractors, volunteers, students, and those acting on LHD's behalf and authority must sign confidentiality agreements documenting knowledge of confidentiality requirements and the  Economic and Clinical Health Act (HITECH).  Addenda.  agreement to maintain personal and medical confidentiality.  VII. CIVIL RIGHTS  A. LHD: shall assure that no person, on the grounds of race, color, age, religion, sex (including pregnancy, gender identity, and sexual orientation), marital status, immigration status, national origin, disability, or genetic information (including family medical history) be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity covered by this Consolidated B. The. Americans with Disabilities. Act of1990 (ADA) makes it unlawful to discriminate in employment against a qualified individual with a disability and outlaws discrimination against individuals with disabilities in State and local government services and public accommodations. LHD certifies that it and its principals and subcontractors will comply with regulations in ADA Titlel I(Employment), Title II (Public Services), and Title III (Public Accommodations) ini fulfilling the obligations under this C.Asr required by Title VI oft the Civil Rights Act of1964, LHD, because it receives federal funds, must provide interpreter services at no charge to Limited English Proficiency clients in all programs and  Agreement and/or Agreement Addenda.  Consolidated Agreement and Agreement Addenda.  services offered by LHD. VIII. DISBURSEMENT OF FUNDS  A. DCFW and/or DPH, as applicable, shall disburse funds to LHD on a monthly basis; monthly disbursements for each program Activity will be based on monthly expenditures reported. B. Total payment by program. Activity is limited to the total amount listed on the Funding. Authorization document and any Funding Authorization revision documents received after the initial notification. C.Final payments for the State Fiscal Year will be made based on the final monthly expenditure reporting, which is due as delineated per the NCDHHS Controller's Office's Aid-1o-Counties Payment Schedule.    Consolidated Agreement FY25  Page 18 of30  IX.AMENDMENT OF AGREEMENT  Amendments, modifications, or waivers ofthis Consolidated Agreement may bei made at anyt time by mutual written consent ofall parties, signed by appropriate representatives oft the parties. This Consolidated  Agreement may: not be amended orally or by performance.  X. PROVISION OF TERMINATION  A. Any party may terminate this Consolidated Agreement or any Agreement Addendum for reasons other than non-compliance upon 60 days written notice from the terminating party to the other parties. If termination occurs, LHD shall receive payment only for allowable expenditures, up to and including the date oftermination. Termination for reasons ofnon-compliance: shall bel handled in accordance with B. In the event of termination of this Consolidated Agreement or any associated Agreement Addendum, DCFW and/or DPH may withhold payment to LHD until it can be determined whether LHD is entitled  Section XI. Compliance.  to further payment or whether DCFW: and/or DPH is entitled to a refund.  XI.COMPLIANCE  A. DCFW and/or DPH shall respond to non-compliance with all terms of this Consolidated. Agreement or any Agreement Addendum, unless otherwise stated in the respective Agreement Addendum or required 1. Upon determination ofnon-compliance, DCFW and/or DPH shall give LHD 60 days prior written notice to come into compliance. Ift the deficiency is corrected, LHD shall submit a written report to 2. Ifthe stated deficiency is not corrected to the satisfaction of DCFW and/or DPH after the 60-day period, disbursement of funds may be temporarily suspended pending negotiation ofaj plan of 3. Ifthe deficiency is not corrected to the satisfaction of DCFW and/or DPH within 90 days of the written notice in Subparagraph 1. above, funds may be suspended unless LHD can provide evidence 4. Int the event ofLHD'smoncomplance with clauses oft this Consolidated Agreement or any Agreement Addenda, NCDHHS may cancel, terminate, or suspend this Consolidated Agreement and any Agreement Addenda in whole or inj part, and LHD: may be declared ineligible for further DCFW and/or DPH contracts or agreements. Such terminations for non-compliance shall not occur until the provisions of Subparagraphs 1., 2., and 3. above have been followed and documented and have B. Monitoring- - "Uniform Guidance" or OmiCmeuar2CKR. Part 200 Uniform Administrative Requirements, Cost Principles, and. Audit Requirements for Federal Awards, Subpart F. Audit Requirements requires that pass-through entities monitor the activities ofi its subcontractors as necessary toensure that federal awards are used for authorized purposes in compliance with laws, regulations, and the provision of contracts or grant agreements and that performance goals are achieved. North Carolina establishes related monitoring requirements for State funds received by subrecipients in N.C.G.S. $ 143C-6-23 State grant funds: administration; oversight and reporting requirements. Also, DCFW and DPH must perform monitoring as required in the current NCDHHS Policy and Procedure  by law, as follows:  DCFW and/or DPH that sets forth the corrective action taken.  corrective action.  that the deficiency has been corrected within those 90 days.  failed to correct the deficiency.  Manual and the current DPH Subrecipient Monitoring Plan.    Consolidated. Agreement FY25  Page 19 of30  30132 Additionally, LHD is required under 2 C.F.R., Part 200 Subpart F, N.C.G.S. $ 143C-6-23, and N.C.G.S. SIGN S 159-34 Annual independent audit; rules and regulations, to perform monitoring ofits subrecipients and to. maintain records to support such monitoring activities and results. Accordingly, LHD shall participate HERE fully in monitoring by DCFW and DPH and shall appropriately monitor its subrecipients to the extent  necessary based on the assessed level ofr risk.  In, wiess whereof, LHD, DCFW, and DPH have executed this Consolidated Agreement.  ee Rounty Health Department MwDoitw Health or Human Servieés Director Candau Finapce Oflicer / County Official (when locally required)  North Carolina Department of Health and Human Services, Division of Public Health Division Director North Carolina Department of Health and Human Division of Child and Family Well-Being Division Director  Date Date Date  Date  Bumen  Services,  Date  Liphnitie    Consolidated Agreement FY25  Page 20of30  ATTACHMENT A  LHD ASSURANCE OF COUNTY APPROPRIATIONS MAINTENANCE NONSUPPLANTING  The LHD assures compliance with the following North Carolina General Statutes: $ 130A-4.1. State funds for maternal and child health care/nonsupplanting.  (a) NCDHHS shall ensure that local health departments do not reduce county appropriations for maternal and child health services provided by the local health departments because they have received State (b) All income earned by local health departments for matemal and child health programs supported in whole ori inj part from State or federal funds, received from NCDHHS, shall be budgeted and expended by local health departments to further the objectives of the program that generated the income. (1991, c. 689,s.  appropriations for this purpose.  170; 1997-443, ,s. 11A.57.)  S 130A-4,2. State funds for health promplionhonsuplaming purpose. (1991, c. 689, s. 171;1997-443, S. 11A.58.)  NCDHHS shall ensure that local health departments do not reduce county appropriations for health promotion services provided by the local health departments because they have received State appropriations for this  SIGN  HERES officially in an authorized capacity on behalf of the LHD and with an understanding oft the LHD's responsibilities under this Assurance, I assure the nonsupplantation of county appropriations as specified above. Alli information provided with this Assurance is up-to-date and accurate. I am aware that false statements could because for invalidating this Assurance and may lead to other administrative or legal action.  Lee County Healh Departmyent Health or Hymar/Servicesl Director Hntlw Candaeluman Fingncgbpicst Tmpomte fourty Official  Date Date Date  (Atlachmen! A tot the Consolidated Agreement requires the County Official signature ifit was included on the Consolidated Agreement.)    Consolidated Agrcement FY25  Page 21 of30  ATTACHMENT B  BUSINESS ASSOCIATE AGREEMENT ADDENDUM TO1 THE CONSOLIDATED AGREEMENT This Business Associate Agreement (the "Agreement"): is made effective. June 1, 2024, by and between Lee County Health Department ("Covered Entity") and the North Carolina Department of Health and Human Services, Division of Public Health and the North Carolina Department of Health and Human Services, Division of Child and Family Well-Being (collectively, the "Business Associate-"), (the Covered Entity and a. Covered Entity and Business Associate are parties to the "FY 2025 Consolidated Agreement" (the "Consolidated Agreement"), whereby Business Associate agrees to perform certain services for or on b. Covered Entity is an LHD in the State ofNorth Carolina that has been designated in whole or in part by The relationship between Covered Entity and Business Associate is such that the Parties believe Business Associate is or may be a "business associate" within the meaning oft the HIPAA Privacy Rule. d. The Parties enter into this Business Associate Agreement Addendum to the Consolidated Agreement with the intention of complying with the HIPAA Privacy Rule provision that a covered entity may disclose protected health information to a business associate and may allow al business associate to create or receive protected heath information on its behalf, ifthe covered entity obtains satisfactory assurances that the business associate will appropriately safeguard thei information.  the Business Associate collectively, the "Parties").  1. BACKGROUND  behalf of Covered Entity.  asa "covered entity" for purposes oft the HIPAA Privacy Rule.  2. DEFINITIONS  Unless some other meaning is clearly indicated by the context, the following terms shall have the following a. "Electronic Protected Health Information" shall have the same meaning as the term "electronic protected b. "HIPAA" means the Administrative Simplification Provisions, Sections 261 through 264, ofthe federal Health insurance Portability and Accountability Act of1996, Public Law 104-191, as modified and amended by the Health Information Technology for Economic and Clinical Health ("HITECH") Act, Title XIII of Division A and Title IV ofDivision B ofthe American Recovery and Reinvestment Acto of "Individual" shall have the same meaning as the term "individual" in 45 C.F.R. $ 160.103 and shall include. aj person who qualifies as aj personal representative in accordance with 45 C.F.R. $ 164.502(g). d. "Privacy Rule" shall mean the Standards for Privacy of Individually Identifiable Health Information at "Protected Health Information" shall have the: same meaning as the term "protected health information" in4 45C.F.R. S 160.103, limited to the information created or received by Business Associate from oro on "Required By Law" shall have the same meaning as the term "required by law" in 45 C.F.R. $ 164.103. "Secretary" shall mean the Secretary of the United States Department of Health and Human Servicesor h. Unless otherwise defined in this Agreement, terms used herein shall have the same meaning as those a. Business Associate agrees to: not use or disclose Protected Health Information other than as permitted or  meaning in this Agreement:  health information" in 45C.F.R. $ 160.103.  2009, Public Law 111-5.  45 C.F.R. Part 160 and applicable parts of Part 164.  behalfof Covered Entity.  the person to whom the authority involved has been delegated.  terms have in the Privacy Rule. 3. OBLIGATIONS OF BUSINESS ASSOCIATE  required by this Agreement or as Required By Law.    Consolidated. Agreement FY25  Page 22 of30  b. Business Associate agrees to use appropriate safeguards and comply, where applicable, with subpart C of450 C.F.R. Part 164 with respect to elcctronic protected health information, to prevent use or disclosure oft the Protected Health Information other than as provided for by this Agreement. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate ofa use or disclosure of Protected Health Information by Business Associate in d. Business Associate agrees to report to Covered Entity any use or disclosure oft the Protected Health Information not provided for by this Agreement of which it becomes aware, including breaches of Business Associate agrees, in accordance with 45 C.F.R. S 164.502(e)(1) and $ 164.308(b)(2), to ensure that any subcontractors that create, receive, maintain, or transmit protected health information on behalf of Business Associate agree to the same restrictions and conditions that apply to Business Associate Business Associate agrees to make available protected health information as necessary to satisfy Business Associate agrees to make available Protected Health Information for amendment and incorporate any amendment(s) to Protected Health Information in accordance with 45 C.F.R. $ 164.526. h. Unless otherwise prohibited by law, Business Associate agrees to make internal practices, books, and records relating to the use and disclosure of Protected Health Information received from or created or received by Business Associate on behalf of, Covered Entity available to the Secretary for purposes of the Secretary determining Covered Entity's compliance with the Privacy Rule. Business Associate agrees to make available thei information required toj provide an accounting of disclosures of Protected Health Information in accordance with 45 C.F.R. S 164.528. a. Except as otherwise limited ini this Agreement or by other applicable law or agreement, ift the Consolidated Agreement permits, Business Associate may use or disclose Protected Health Information top perform functions, activities, or services for, or on behalfof, Covered Entity as specified in the 2) would not violate the minimum necessary policies and procedures of the Covered Entity. b. Except as otherwise limited in this Agreement or by other applicable law or agreements, ift the Consolidated Agreement permits, Business Associate may disclose Protected Health Information for the proper management and administration of the Business Associate or to carry out the legal  violation ofthe requirements of this Agreement.  unsecured protected health information as required by 45 C.F.R. $ 164.410.  with respect to such information.  Covered Entity's obligations in accordance with 45 C.F.R. $ 164.524.  4. PERMITTED USES AND DISCLOSURES  Consolidated Agreement, provided that such use or disclosure: 1) would not violate the Privacy Rule if done by Covered Entity; or  responsibilities of the Business Associate, provided that: 1) the disclosures are Required By Law; or  2) Business Associate obtains reasonable assurances from the person to whom thei information is disclosed that it will remain confidential and will be used or further disclosed only as Required By Law or for the purpose for which it was disclosed to the person, and the person notifies the Business Associate of any instançes of which iti is aware in which the confidentiality of the information has Except as otherwise limited in this Agreement or by other applicable law or agreements, ift the Consolidated Agreement permits, Business Associate may use Protected Health Information to provide data aggregation services to Covered Entity as permitted by 45 C.F.R. $ 164.504(e)2)0B). d. Notwithstanding the foregoing provisions, Business Associate may not use or disclose Protected Health Information if the use or disclosure would violate any term of the Consolidated Agrecment or other  been breached.  applicable law or agreements.    Consolidated Agreement FY25 5. TERM AND TERMINATION  Page 23 of30  a. Term. This. Agreement shall be effective. as oft the effective date stated above and shall terminate when Termination for Cause. Upon Covered Entity's knowledge of a material breach by Business Associate, 1) Provide an opportunity for Business Associate to cure thel breach or end the violation, and terminate this Agreement and services provided by Business Associate, to the extent permissible by law, if Business Associate does not cure the breach or end the violation within the time specified by 2) Immediately terminate this Agreement and services provided by Business Associate, to the extent 3) Ifneither termination nor curei is feasible, report the violation to the Secretary as provided in the 1) Except as provided inj paragraph (2) ofti this section ori in the Consolidated Agreement or by other applicable law or agreements, upon termination oft this Agreement and services provided by Business Associate, for any reason, Business Associate shall return or destroy all Protected Health Information received from Covered Entity or created or received by Business Associate on behalfof Covered Entity. This provision shall apply to Protected Health Information that is in the possession ofsubcontractors or agents of Business Associate. Business Associate shall retain no copies of the 2) Int the event that Business Associate determines that returning or destroying the Protected. Health Information is not feasible, Business Associate shall provide to Covered Entity notification oft the conditions that make retumn or destruction not feasible. Business Associate shall extend the protections ofthis Agreement to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as Business Associate maintains such Protected Health  the Consolidated Agreement terminates. Covered Entity may, at its option:  Covered Entity; permissible by law; or Privacy Rule. Effect of Termination.  Protected Health Information.  Information.  6. GENERAL TERMS AND CONDITIONS  3342 à This Agreement amends and is part of the Consolidated Agreement.  SIGN Except as provided int this Agreement, all terms and conditions of the Consolidated Agreement shall  remain in force. and shall apply to this Agreement as ifs set forth fully herein.  HERE  In the event ofa conflict in terms between this Agreement and the Consolidated Agreement, the interpretation that is in accordance with the Privacy Rule shall prevail. In the event that a conflict then remains, the Consolidated Agreement terms shall prevail sO long as they are. in accordance with the A breach of this Agreement by Business Associate: shall be considered sufficient basis for Covered  Privacy Rule.  Entity to terminate the Consolidated Agreement for cause.  North Carolina Department of Health and Human Services,  eecounry caDepg-ment AwDomt  Division of Public Health Division. Director  Aealth/or  Service uman  ctor  Yha4 Date  Date  North Carolina Department of Health and Human Services, Division of Child and Family Well-Being  Division Director  Date    Consolidated Agreement FY25  Page 24 of30  ATTACHMENT C FEDERAL CERITFICATIONS  The undersigned states that:  1. He or she is the duly authorized: representative of the Contractor named below;  2. He or she is authorized to make, and does hereby make, the following certifications on behalf of the Contractor,  as set out herein:  a. The Certification Regarding Nondiscrimination;  b. The Certification Regarding Drug-Free Workplace Requirements; The Certification Regarding Environmental Tobacco Smoke;  d. The Certification Regarding Debarment, Suspension, Ineligibility and Voluntary-Exclusion Lower Tier  Covered Transactions; and The Certification Regarding Lobbying; addresses at which the contract work will be performed;  3. He or she has completed the Certification Regarding Drug-Free Workplace Requirements by providing the  4. [Check the applicable statement]  He or she has completed the attached Disclosure of Lobbying Activities because the Contractor has made, or has an agreement to make, aj payment to al lobbying entity for influencing or attempting to influence an officer or employee ofan agency,a Member of Congress, an officer or employee of Congress, or an employee X lle or she has not completed the attached Disclosure of Lobbying Activities because the Contractor has not made, and has no agreement to make, any payment to any lobbying entity for influencing or attempting to influence any officer or employee of any agency, any Member of Congress, any officer or employee of Congress, or any employee ofa Member of Congress in connection with a covered Federal action. C'ontractor shall require its subcontractors, ifa any, to make the same certifications and disclosure.  SIGN ofal Member of Congress in connection with a covered federal action;  HERE OR  MCXomissO5 41d24  Signatyre  Title  Date  Lee County Health Department Contractor [Organization). Legal Name  IThis Certification must be signed by a representative of the Contractor who is authorized to sign contracts.] The Contractor certifies that it will comply with all Federal statutes relating to1 nondiscrimination. These include but are not limited to: (a)Title VIofthe Civil Rights Act of1964 (P.L. 88-352) which prohibits discrimination on thel basis ofrace, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. $$1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. $794), which prohibits discrimination on the basis ofl handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. $$6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; () the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis ofalcohol abuse or alcoholism; (g)Title VIII oft the Civil Rights Acto of 1968 (42 U.S.C. S$3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of! housing; (h) the Food Stamp Act and USDA policy, which prohibit discrimination on the basis of religion and political beliefs; and (i)  .Certification Regarding Nondiscrimination  the requirements of any other nondiscrimination statutes which may apply to this Agreement.    Consolidated Agreement FY25  Page 25 of30  II. Certification Regarding Drug-Free Workplace Requirements  I. The Contractor certifies that it will provide a drug-free workplace by:  Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use ofa controlled substance is prohibited in the Contractor's 's workplace and specifying the  actions that willl be taken against employees for violation ofs such prohibition; b. - Establishing a drug-free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The Contractor's policy ofi maintaining a drug-free workplace;  (3) Any available drug counseling, rehabilitation, and employee assistance programs;and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the Making it a requirement that each employee be engaged in the performance of the agreement be given a d. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment  workplace;  copy oft the statement required by paragraph (a); under the agreement, the employee will: (1) Abide byt the terms of the statement; and no later than five days after such conviction;  (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace Notifying the LHD within ten days after receiving notice under subparagraph (d)(2) from an Taking one of the following actions, within 30 days ofr receiving notice under subparagraph (d)(2), with (I) taking appropriate personnel action against such an employee, up to and including (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other Making a good faith effort to continue to maintain a drug-free workplace through implementation of  employee or otherwise receiving actual notice of such conviction;  respect to any employee who is so convicted:  termination; or appropriate agency; and paragraphs (a), (b), (c), (d), (e), and (f).  2. Thesites for the performance of work donei inc connection with thes specific agreement are listed below (list all sites; add  additional pages ifr necessary):  Street Address No. 1: 106 Hillcrest Drive City, State, Zip Code: Sanford, NC 27330 Street Address No. 2: 115 Chatham Street City, State, Zip Code: Sanford, NC27330  3. Contractor will inform the LHD of any additional sites for performance of work under this agreement. 4. False certification or violation of the certification may be grounds for suspension of payment, suspension or termination of grants, or government-wide Federal suspension or debarment. 45 C.F.R. 82.510.  III. Certification Regarding Environmental Tobacco Smoke  Public Law 103-227, Part C-Environmental Tobacco Smoke, also known as the Pro-Children Act of 1994 (Act), requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted for by an entity and used routinely or regularly for the provision of health, day care, education, or library services to children under the age of 18,if    Consolidated Agreement FY25  Page 26 of30  thes services are funded1 by Federalj programs either directly or through State or local govemnments, by Federal grant, contract, loan, orl loan guarantee. Thel law does not apply to children' 's services providedi inj private residences, facilities funded solely by Medicare or Medicaid funds, and portions of facilities used for inpatient drug or alcohol treatment. Failure to comply with the provisions oft thel law may result in the imposition ofac civil monetary penalty oft upt to $1,000.00 per day and/or the The Contractor certifies that it will comply with the requirements of the Act. The Contractor further agrees that it will require thel language of this certification be included in any subawards that contain provisions for children' 's services and IV. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier  imposition of an administrative compliance order on the responsible entity.  that all subgrantees shall certify accordingly.  Covered Transactions Instructions  [The phrase "prospective lower tier participant'means the Contractor.)  1. By signing and submitting this document, the prospective lower tier participant is providing the certification set out 2, The certification in this clause is a material representation of the fact upon which reliance was placed when this transaction was entered into. Ifiti is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Goverment, the LHD or agency with which this transaction originate may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant will provide immediate written notice to the person to whom this proposal is submitted ifat any time the prospective lower tier participant learns that its certification was erroneous when submitted 4. Thet terms "covered transaction," "debarred," wpadraiga"euet tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549, 45 C.F.R. Part 76. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of 5. Thej prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be enteredi into, its shall notl knowingly enter anyl lowert tier covered transaction with ap person whois debarred, suspended, determined ineligible or voluntarily excluded from participation in this covered transaction unless authorized by the 6. The prospective lower tier participant further agrees by submitting this document that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered 7. Aj participant in a covered transaction may rely upon a certification of aj prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility ofits principals. Each participant may, but is not required to, check the Non-procurement List. 8. Nothing contained in the foregoing shall be construed to require establishment ofa system of records in order to render ing good faith the certification required by this clause. The knowledge and information ofap participant is not required to exceed that which is normally possessed by a prudent person ini the ordinary course of! business dealings. 9. Except for transactions authorized in paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the LHD or agency with which this transaction originated may pursue available remedies, including  below.  or has become erroneous by reason of changed circumstances.  those regulations.  LHD or agency with which this transaction originated.  transactions.  suspension, and/or debarment.    Consolidated Agreement FY25  Page 27 of30  Certification  a. The prospective lower tier participant certifies, by submission oft this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such  in this transaction' by any Federal department or agency, prospective participant shall attach an explanation to this proposal. The Contractor certifies, to thel best of! his or her knowledge and belief, that:  V. Certification Regarding Lobbying  1. No Federal appropriated funds have been paid or will bc paid by or on behalf oft the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee ofa Member of Congress in connection with the awarding of any Federal contract, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative 2. Ifany funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee ofa Member of Congress in connection with this Federally funded contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form SF-LLL, "Disclosure of Lobbying 3. The undersigned shall require that the language of this certification be included in the award document for subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) who receive federal funds of$100,000.00 or more and that all subrecipients shall certify and disclose accordingly. 4. This certification is a material representation ofi fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is aj prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil  agreement.  Activities,": in accordance withi its instructions.  penalty ofnot less than $10,000.00: and not more than $100,000.00 for each such failure.  VI. Disclosure of Lobbying Activities  Instructions  This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt ofa covered Federal action, or a material change toaj previous filing, pursuant to title 31 U.S.C. section 1352. The filing ofai formi is required for each payment or agreement tor make payment to any) lobbyinge entity fori influencing orattempting toi influence: an officer or employee ofany agency, al Member of Congress, an officer or employee ofCongress, or an employee ofa Member of Congress in connection with a covered Federal action. Use the SF-LLL-A Continuation Sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to thei implementing guidance published by the Office of Management and Budget I. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, ifknown. Check the appropriate classification oft the reporting entity that designates ifit is, or expects tol be, ap prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the Ist tier. Subawards include 5. Ifthe organization filing thei report in Item 4 checks "Subawardec", then enter the full name, address, city, state and zip  for additional information.  outcome ofa covered Federal action. 2. Identify the status of the covered Federal action.  previously submitted report by this reporting entity for this covered Federal action.  but are not limited to subcontracts, subgrants and contract awards under grants. code of thej prime Federal recipient. Include Congressional District, ifknown.    Consoldated Agreement FY25  Page 28 of30  6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, ifknown. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (Item 1).Ifknown, enter the full Catalog ofFederal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter thei most appropriate Federal Identifying number available for the Federal actioni identified in Item I (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant, or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP- 9. Forad covered Federal action where there has been an award or loan commitment byt the Federal agency, enter thel Federal 10. (a) Enter thei full name, address, city, state and: zip code of thel lobbying entity engaged by the reporting entityi identified (b) Enter the full names of thei individual(s) performing services and include full address ifdifferent from 10(a). Enter 11. Enter the amount of compensation paid or reasonably expected tol bej paid by the reporting entity (Item 4) to thel lobbying entity (Item 10). Indicate whether thej payment has been made (actual) or will be made (planned). Check all boxes that apply. Ift thisi is ai material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate boxes. Check all boxes that apply. If payment is made through an in-kind contribution, specify 14. Provide as specific and detailed description oft thes services that thel lobbyist has performed, or willl be expected toj perform, and the date(s) ofa any services rendered. Include allj preparatory and related activity, notj just time spent in actual contact with Federal officials. Identify the Federal official(s) or employee(s) contacted or the officer(s), employee(s), or  DE-90-001."  amount of the award/loan commitment for the prime entity identified in Item 4 or 5.  in Item 4 to influence the covered Federal action. Last Name, First Name and Middle Initial (MI).  the nature and value of thei in-kind payment.  13. Check the appropriate boxes. Check all boxes that apply. If other, specify nature.  Member(s) of Congress that were contacted.  15. Check whether or not a SF-LLL-A Continuation Sheet(s) is attached.  16. The certifying official shall sign and date the form, print his/her name, title, and telephone number.    Consolidated Agreement FY25  Page 29 of30  Disclosure of Lobbying Activities (Approved by OMB 0348-0046) 2. Stalus of Federal Action: a. Bidlofferlapplication . Initial Award Post-Award  Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352  1. Type of Federal Action: a. contract b. grant C. cooperative agreement d. loan e. loan guarantee f. loan insurance Name and Address of Reporting Entity: Prime Subawardee Tier Congressional District (ifk known) 6. Federal DepartmenlAgency: 8. Federal Action Number (ifknown) 10.a. Name and Address ofl Lobbying Registrant (ifindividual, last name, first name, MI): (attach Continuation Sheet(s) SF-LLL-A, ifnecessary) 11. Amount of Payment (check all that apply): 12. Form of Payment (check all that apply): a. cash b. In-kind; specify: Nature.  3. Report Type: a. initial filing b. material change For Material Change Only: Year_ Date ofLast Report:  Quarter_  5. IfReporting Entityi in No. 4is Subawardee, Enter Name  and Address of Prime: Congressional District (ifk known) 7. Federal Program Name/Description: CFDA Number (if applicable). 9. Award Amount (if known):  (if known)  b. Individuals Performing Services (including address if different from No. 10a.)(last name, first name, MI): (attach Continuation Sheel(s) SF-LLL-A, if necessary) 13. Type of Payment (check all that apply): b. one-time fee C. commission contingent fee deferred other; specify:.  $.  € actual € planned LJ a. retainer  Value.  14. Brief Description of Services Performed ort to be Performed and Date(s) of Services, including offiçer(s), employee(s). or Member(s) contacted, for Payment indicated in Item 11(atlach Continuation Sheet(s) SF-LLL-A, ifnecessary):  15. Continuation Sheet(s) SF-LLL-A attached:  DYes  No  16. Information requested through this formi is authorized by Signature: title 31 U. S. C. section 1352. This disclosure of lobbying activities is a material representation off fact upon which reliance was placed by the tier above whent this transaction Print! Name: was made or enteredi into. This disclosure is required pursuant to 31 U.S.C. 1352. Thisi information will be reported tot the Congress semi-annually and will be available for publici inspection. Any person who fails to file Telephone No: the required disclosure shall be subject to ac civil penalty of not less than $10,000 and not more than $100,0001 for each  Title:  Date:.  such failure. Federal Use Only  Authorized" for Local Reproduction Standard Form LLL  Public reporting burden fort this collection ofi information ise estimated toa average 30 minutes perr response, including time for reviewing instructions, scarching cxisting data sources, gathering and maintaining the data needed, ando completing and reviewing thes collection of information. Send comments regarding the burden estimate or any other aspecto of this collection ofi information, including suggestions for reducing this burden, tot the Oflice ofN Management: and Budget, Paperwork Reduction  Project (0348-0046), Washington, D. C.2 20503    Consolidated Agreement FY25  Page 30 of30  ATTACHMENT D STATE CERTIFICATIONS  Contractor Certifications Required by North Carolina Law  Instructions: Thep person who: signs this document shouldr read thet texi oft the statutes andl Executive Order! listedb below and consult with counsel and otherl knowledgeable persons before signing. The text ofeach North Carolina General Statutes and oft thel Executive Order cant be found online at: Article2 of Chapter 64: tp.Nwww.negastateneusrDsByAnideChapw.64Amidle: 2.pdf Executive Order No. 24 (Perdue, Gov., Oe1,2009:htp./wwehicsommisionnegevlbaylpabsawsE024pdf G.S. 105-164.8(b): htp/www.negasiatencwfnsallegalatinSatuicPD:)SetionChape.0sc05.105-164.8pdr G.S.1 143-48.5: htp.www.negastatencwwfnascedlgsatiniomSaMIsATMLBySstidClmp.as3-485.hml G.S. 143-59.1: htp./www.negasialencuvEnascadlegsatatonatuIDHbysetionChapeaye14365.143-91pdr G.S. 143-59.2:1 htp/www.nogastate.nvfnsedl-gslatalmiomSmtue/PD#B)SecionChpezasdr G.S.1 143-133.3: htp/wwwmnegastatencuyfnsedlegslatioSaMu-/MTMLB)sesinChape.asc-33.3hm! G.S.143B-139.6C: htp.www.negastuencusfnsadliegshaioanisDFB5Setipchpw8BG6S.143B-1396Cpdr  G.S. 133-32: http:/www. nggasiiencusgaseripstpssmisamucolupp'samute-132  Certifications  (1) Pursuant to G.S. 133-32 and Executive Order No. 24 (Perdue, Gov., Oct. 1, 2009), the undersigned hereby certifies that the Contractor named below is in compliance with, and has not violated, the provisions of either said statute or Executive Order. undersigned hereby certifies that the Contractor named employer with more than 25 employees in North employees through the federal E-Verify system." E- Verify System Link: www.uscis.gov (3) Pursuant to G.S. 143-59.1(b), the undersigned hereby certifies that the Contractor named below is not an "ineligible Contractor" as set forth in G.S. 143-59.1(a) (a) Neither the Contractor nor any ofi its affiliates has refused to collect the use tax levied under Article. 5 ori more oft the conditions ofG.S. 105-164.8(b); and [check Gne oft the following boxes] has incorporated or reincorporated in a "tax haven country" as set forth in G.S. 143- 59.1(c)(2) after December 31, 2001; or The Contractor or one of its affiliates has incorporated or reincorporated in a "tax haven Lee County,Health Depertrpeht Printed Name Kirk 0 Signature Printed Name present  country" as set forth in G.S. 143-59.1(/2)after December 31, 2001 but the United States is not the principal market for the public trading ofthe stock of the corporation incorporated in the tax certifies that none of the Contractor's officers, directors, of 1933 or the Securities Exchange Act of 1934 within (5) Pursuant to G.S. 143B-139.6C, the undersigned hereby certifies that the Contractor will not use a former employee, as defined by G.S. 143B-139.6C(d)02), oft the North Carolina Department of Health and Human Services in the administration of a contract with the Department in violation of G.S. 143B-139.6C and that a violation oft that statute: shall void the. Agreement.  haven country.  (2) Pursuant to G.S. 143-48.5 and G.S. 143-133.3, the (4) Pursuant to G.S. 143-59.2(b), the undersigned hereby below, and the Contractor's subcontractors, complies or owners (if the Contractor is an unincorporated with the requirements of Article 2 of Chapter 64 of the business entity) has been convicted of any violation of NC General Statutes, including thet requirement for each Chapter 78A ofthe General Statutes ort the Securities Act Carolina to verify the work authorization of its 10 years immediately prior to the date of the bid  solicitation.  because:  of Chapter 105 of the General Statutes on its sales (6) The undersigned hereby certifies further that: delivered to North Carolina when thes sales met one (a) He or she is a duly authorized representative oft the  Contractor named below; Contractor; and  SIGN,  (b) He or she is authorized to make, and does hereby make, the foregoing certifications on behalf of the (c) He or she understands that any person who knowingly submits a false certification in response to the requirements of G.S. 143-59.1 and -59.2shall  HERE 8 Neither the Contractor nor any of its affiliates  be guilty ofa Class If felony.  Contractor's Name: Contractor's Witness: The witness shouid be  Authorized. Agent: Signature uonle  D4/ilo1y Date_ H/dltozy  -DanalA-lse  T Gambk Agent signst this  Tile_ AssisHant County and should sign and date this document immediacly thereater.  A whent the Contractor's, Authorized  certification:  Managgl    Page 31  Additional site from page 25 Additional Site/s  Street Address No.3: 1450 North Horner Blvd City,State, Zip Code: Sanford, NC: 27330  Street Address No.4: City, State, Zip Code:    COUA  RESOLUTION REQUESTING ABANDONMENT OF MAINTENANCE FOR. A PORTION OF STATE ROAD 1580, OTHERWISE KNOWN AS ASHBY ROAD, FROM THE NORTH CAROLINA STATE MAINTAINED SECONDARY ROAD SYSTEM WHEREAS, the North Carolina Department ofTransportation: has submitted a request to the Lee County Board of Commissioners seeking support to abandon maintenance of a portion of State Road 1580, located at Ashby Road between US Business Hwy 421 (Horner Boulevard) and Truelove Street in Sanford, NC, the location of which has been indiçated on the attached map, WHEREAS, the City/County Planning Staff have reviewed the requested abandonment and confirmed that it is the City of Sanford's intent to incorporate this section of Ashby Road into the WHEREAS, due to the assurance of the continuity of maintenance from NCDOT to the City of NOW, THEREFORE, BE IT RESOLVED by the Lee County Board of Commissioners in accordance with North Carolina General Statute S 136-63, that it hereby requests that the Board of Transportation review the proposed request for abandonment for the above described portion of State Road 1580, a portion of Ashby Road as shown in Exhibit A attached to this resolution, and ift the Board ofTransportation determines that this request is in the public's best interest, that the portion herein identified be abandoned from the North Carolina State Maintained Road System.  from the North Carolina State Maintained Road System; and  City'ss system for maintenance after NCDOT abandons the road; and Sanford, it is recommended that this transition is in the public'sinterest.  Adopted this 1S1 day of April, 2024.  h  D. Smith, Chairman Lee County Board of Commissioners  COUATA BR  ATTEST:  1wlen HylakEwkulebomt  bwAweaAwNEA    US421BYPASS  : LONCIR es *4 a$4s RRYI  4%  a KCIR  IS Somt    LEE COUNTY     Committed Today for a Better Tomorrow  PROJECT SPECIFICATIONS  FOR  SANITARY SEWER EXTENSION TO  NEW COUNTY LIBRARY  4841-01-24  *ISSUED FOR BIDS 02/01/2024* *ISSUED FOR CONSTRUCTION 04/01/2024*  Prepared by:  J THOMAS ENGINEERING, INC. CIVIL ENGINEERING & PLANNING 143 Charlotte Avenue, Suite 104 Sanford, North Carolina 27330 919-777-6010 phone ponAePeREIngcOn License No. C-3389  027472 3  4-1-024-    TABLE OF CONTENTS LEE COUNTY  SANITARY: SEWER EXTENSION TO NEW COUNTY LIBRARY  Lee County Commissioners.. Notice to Bidders.. Instructions to Bidders... Bid Form...  page page pages 6 pages pages 39 pages page pages .6 pages 2 pages 61 pages 28 pages .6 pages 1 page .4 pages pages .4 pages 3 pages  Bid Bond and Power of Attorney...  General Conditions of the Contract for Construction.  Notice of Award.. Contract..  Exhibit A1 to Contract (Dispute Resolution). Addendum Bt to Contract..  Performance and Payment Bonds and Power of Attorney. Contractor's Certificate of Insurance and Supplemental Information.  New' Vendor Application.. North Carolina Sales and Use Tax Form.... Technical Specifications  General Project Specifications. 02270 Erosion Control.. 02741 Asphalt Paving.. 02935 Establishing Ground Cover..  General Specifications for Gravity Sewer Mains & Materials (Cityof Sanford)... 35 pages  Lee County, NC  Table of Contents Pageiofi  Sanitary Sewer Extension to New County Library    LEE COUNTY  SANITARY: SEWER EXTENSION TO NEW COUNTYLIBRARY  LEE COUNTY COMMISSIONERS  TAYLOR VORBECK ROBERTT.REIVES CAMERON. SHARPE  BILL CARVER DR. ANDRE KNECHT, VICE CHAIR MARKL LOVICK  KIRKI D. SMITH, CHAIR  Lee County, NC  Lee County Commissioners  Sanitary Sewer Extension tol New County Library  Pageiof1    NOTICE TO BIDDERS LEE COUNTY  SANITARY SEWER EXTENSION TO NEW COUNTY LIBRARY  Sealed Bids will be received by Lee County, North Carolina until Wednesday, February 28, 2024 at 2:00PM and then publicly opened and read aloud for the construction of "Sanitary Sewer Extension to New County Library". The bid opening will be held at the Lee County offices, 115 Chatham Street,Suite Bids shall be for furnishing of all labor, materials, and equipment as detailed on the contract documents,  301, Sanford NC.  Issued for Bids on 02/01/2024. The major project items include:  Clearing Erosion Control Asphalt Pavement Patching Pavement Marking  Public Sanitary Sewer Main Installation (open cut)  Each Bidder: shall be appropriately licensed in the State of North Carolina as provided in General Statutes Chapter 87 and have the ability to produce evidence of experience in construction of projects of similar size and nature. Bidders must be able to comply with all local, state, and federal contract provisions as  specified in the contract documents.  Electronic contract documents may be obtained for bidding from the Owner's Engineer:  JThomas Engineering, Inc. 143 Charlotte Avenue, Suite 104 Sanford, North Carolina 27330 tel. 919-777-6010 em. thomas@thomasengineering.com Attention: Jeremy R. Thomas, P.E.  The contract documents are also available online at leecountync.gov. The Owner reserves the right to reject any and all Bids and any part of a Bid, and to waive formalities and technicalities in the Bids. The Bids shall remain subject to acceptance and not withdrawn for a period of sixty (60) days after the date of Lee County is an equal opportunity employer and services provider. Lee County specifically encourages  the bid opening.  small, minority, and women owned businesses to submit bids.  Lee County, NC  Noticet to Bidders Pageiof1  Sanitary Sewer Extension tol New County Library    INSTRUCTIONS TO BIDDERS LEE COUNTY  SANITARY! SEWER EXTENSION TO NEW COUNTY LIBRARY  PART1.  QUALIFICATIONS OF BIDDERS  To demonstrate qualifications to perform the Work, each Bidder shall submit (at the Owner's request) satisfactory proof of his qualifications to satisfactorily complete the work within the time allocated. Bidder shall be prepared to submit information and evidence with respect to the  following: 1.1  That the Bidder is licensed in the State of North Carolina to perform the type and scope ofv work included in the contract documents. The Bidder must be appropriately licensed in the State of North Carolina as provided in General Statutes Chapter 87. That the Bidder has performed satisfactorily on past project that are similar in nature and value. The Bidder may be required to provide at least three (3) references from Owners That the Bidder will have the available staff, adequate equipment, and facilities to  1.2.  ofs similar projects completed by the Bidder within the past 5 years.  1.3.  complete the work within the time allocated. EXAMINATION OF CONTRACT DOCUMENTS AND: SITE  PART2. 2.1.  Itist the responsibility of each Bidder before submitting al Bid, to (a) examine the Contract Documents (Construction Drawings, Project Specifications, and any Addenda)t thoroughly, (b) visit the site to become familiar with the local conditions that may affect cost, progress, performance of furnishing of the Work, (c) consider Federal, State and Local laws and regulations that may affect cost, progress, performance of furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies ini the Contract Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to Engineer by Owners of such Underground Facilities, or others, and neither Owner nor Engineer assumes responsibility for the accuracy or completeness thereof unless it is Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Facilities or other physical conditions, and possible changes int the Contract Documents due to differing conditionsappearinthe  Documents.  2.2.  expressly provided otherwise.  2.3.  General Conditions.  Lee County, NC  Instructions to Bidders Pageiof7  Sanitary Sewer Extension tol New County Library    2.4.  Before submitting a Bid, each Bidder may, at Bidder's own expense and responsibility, make or obtain any examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance off furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. The Bidder shall coordinate with the Owner any site visit made prior to the bid opening. The time allowed: for site visits may be required after normal business hours. Bidders shall fill all holes, clean up and restore the: site toi its former condition upon completion of any The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identifiedi int the Contract Documents. All additionall lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided The submission ofa a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Section, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, andi that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.  such explorations.  2.5.  in the Contract Documents.  2.6.  PART3. 3.1.  INTERPRETATIONS, AND ADDENDA  All questions about the meaning or intent of the Contract Documents are to be directed to Engineer in writing. Interpretations or clarifications considered necessary by Engineer inr response to such questions willl bei issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questionsreceived. less than three (3) days prior to the date for opening of Bids will not be answered. Only questions answered by formal written Addenda will be binding. Oral and other Addenda may also be issued to modify the Contract Documents as deemed advisable by  interpretations or clarifications will be without legal effect.  3.2.  Owner or Engineer.  Lee County, NC  Instructions to Bidders Page2of7  Sanitary Sewer Extension to New County Library    PART4 4.  BID SECURITY  Each bid must be accompanied bya a certified check oft the bidder or a bid bond prepared on the form of bid bond attached hereto, duly executed by the bidder as principal and having as surety thereon a surety company approved by the Owner, in the amount of five (5) percent of the aggregate amount of the price (base! bid). Such checks or bid bonds willl be returned to all except the three lowest bidders within three (3) calendar days after the opening of bids and the remaining checks or bid bonds will be returned promptly after the Owner and the accepted bidder have executed the contract, or, if no award has been made within sixty (60) calendar days after the date oft the opening of bids, upon demand oft the bidder at any time thereafter: so long  as he has not been notified of the acceptance of his bid.  PART5 5.  CONTRACTTIME  The time for completion of the work (Contract Time) shall be sixty (60) calendar days. The Contractor may start work on the date specified in the Notice to Proceed and shall substantially  complete the work within the stipulated Contract Time.  PART 6.  LIQUIDATED DAMAGES  Liquidated Damages for failure to substantially complete the project within the contract time:  Owner's Liquidated Damages  $1,000 per calendar day  PART7.  SUBSTITUTE OR' "OR-EQUAL"T ITEMS  The Contract, if awarded, will be on the basis of materials described in the Drawings or specified in the Specifications without consideration of possible substitute or "or-equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or-equal" item of material or equipment may bet furnished or used by Contractor if acceptable to Engineer,appication for such acceptance will be not be considered by Engineer until after the Effective Date of the Agreement. The procedure for submission for anys such application by Contractor and consideration  by Engineer is set forthi in the General Conditions.  PART8. 8.1 8.2  PREPARATION OF BIDS  Bids shall be prepared on the Bid Form furnished within the Project Specifications All blank spaces for bid prices in the Bid Form shall be properly completed in ink or by typei in both words and numerals. Ifthe words and the numerals do not correspond, the words shall take precedence. Bids shall not be conditional, limited or restricted.  prepared by the Owner's Engineer.  Lee County, NC  Instructions to Bidders Page3of7  Sanitary Sewer Extension to! New County Library    8.3  Bids by corporations must be executed in the corporate name by the president or vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistance secretary. The corporate address and state of incorporation must be shown. Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership Bids by a sole proprietorship must be executed and: signed in the name oft thei individuals, whose title must appear undert thes signature and the official address oft the proprietorship Bids by. joint ventures shall be signed by each participant in the joint venture or by an All names must be typed or printed below the signature. When requested by Owner, Thel bids shall contain an acknowledgment of receipt of allA Addenda (the numbers ofwhich The address and telephone number for communications regarding the Bid must be No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; ifi initialed, Owner may require the Bidder to identify any alteration. soi initialed.  8.4  must be shown below the signature.  8.5  must be shown below the signature. authorized agent of each participant.  8.6 8.7 8.8 8.9 8.10  evidence oft the authority of the person signing shall bet furnished.  must be filled in on the Bid Form).  shown.  PART9.  SUBMISSION OF BIDS  Bids shall be submitted at or before the time and at the place for receipt of Bids indicated on the Notice to Bidders, or the modified time and date indicated by Addendum, ifany. The completed Bid Form shall be enclosed in an opaque sealed envelope, marked with the project title, Bidder's name, address of the Bidder and license number of the Bidder. The Bids shall be accompanied by the Bid Security, ifn required in Part 4 above, and other required information cited in this section. Ift the Bid is sent through the mail or other delivery: system, the sealed envelope shall be enclosed in a separate envelope with the notation "Bid Enclosed: Sanitary Sewer Extension to New County  Library" ont thet face ofit. Delivert to:  Lee County, NC  Instructions tol Bidders Page 4of7  Sanitary Sewer Extension' tol New County Library    Lee County Finance Office Attention: Purchasing Agent 115 Chatham Street, Suite 301 Sanford, NC 27330  Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. Bids submitteda after the time of Bid Opening will not be accepted and will be returned to the The following forms shall be completely filled out and enclosed in the sealed envelope to be  Bidder unopened. considered: a Qualified Bid:  Complete Bid Form (including the Bid Execution Form)  Bid Security  Failure to submit any of the above items with the proposal shall be just cause for rejection of the proposal by the Owner. The Owner may require additional information to be submitted to qualify  the Bids as specified in these Instructions to Bidders.  PART: 10. 10.1.  MODIFICATION AND WITHDRAWAL OF BIDS  Bids may be modified or withdrawn by an appropriate and explicit document duly executed (in the manner that a Bid must be executed) and delivered to the place where If, within seventy-two (72) hours after Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Ownerthat there wasar materialand substantial mistakei int the preparation ofi its Bid, that Bidder may withdraw its Bid. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under these Contract Documents.  Bids are to be submitted at any time prior to the opening of Bids.  10.2.  PART11.  OPENING OF BIDS  Bids will be received, publicly opened and read at the time and place indicated in the Notice to  Bidders, or as modified by Addendum, if any.  PART12.  BIDS TO REMAIN SUBJECTTO ACCEPTANCE  All Bids will remain subject to acceptance for sixty (60) days after the day of the Bid opening, but Owner may, in its: sole discretion, release any Bid and return the Bid Security prior to that date.  Lee County, NC  Instructions to Bidders Page! 5of7  Sanitary Sewer Extension tol New County Library    PART13.  UNIT PRICE CONTRACT  13.1. This contract willl be awarded on a Unit Price basis.  13.2.  Each Contractor is responsible for assigning a unit price for each unit price item listed. The sum of the products of the quantities of each item and the Contractor's unit price plus the sum of the job items shall determine the Base Bid for Award and the initial Contract price. In the event the Contractor discovers an item of work not listed int the Bid Form, the Contractor shall include his cost fori this worki in a related item listed. The items and estimated quantities shown on the Unit Price Schedule are estimates prepared by the Owner. The listed items and corresponding estimated quantities are believed byt the Owner to be necessary, complete and sufficient to construct the project. Unit price quantities: shown are estimated: andt the Contractor: shalll be paidf fort ther number ofunits actually installed, at the unit price stated. Items will be paid at the Total. Job price fori that item. This Job amount willl be complete compensation fora all materials and labor After a Contract is awarded, the successful Contractor shall prepare monthly pay estimates based on the quantity of items incorporated into the work to date and his unit Additionally, the unit prices submitted in the schedule will be used to process change orders when changes in work authorized by the Owner include item descriptions listed.  13.3.  13.4.  that item requires, as per the specifications.  13.5.  price.  13.6.  PART1 14. 14.1.  AWARD OF CONTRACT  Owner reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work and to negotiate contract terms with the lowest responsive bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, Owner reserves the right to reject the Bid of any Bidder, whether because the Bid is not responsive, or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by the Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof willl be resolved in favor ofthe Ine evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. Owner may conduct such investigations as Owner deems necessary to assist in the evaluation ofany Bida andt to establish ther responsibility, qualifications andi financial ability  correct sum.  14.2.  14.3.  Lee County, NC  Instructions tol Bidders Page 6of7  Sanitary Sewer Extension to! New County Library    of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's  satisfaction within the prescribed time.  14.4. The apparent low bidder, for the purpose of award, shall be the responsive and  responsible bidder offering the lowest aggregate amount for the base bid plus selected bid alternates (ifany) and meeting all other bid submittal requirements. The award of the Contract, if it is awarded, will be to the lowest responsible Bidder (Successful Bidder) whose qualifications indicate the award will be in the best interest of the Owner and whose proposal complies with all the prescribed requirements. Ift the Contract is to be awarded, Owner will give the Successful Bidder a Notice of Award  14.5  14.6.  within sixty (60) days after the day of the Bid opening.  PART15.  CONTRACT: SECURITY  Performance and Payment Bonds are required with this project. Refer to Article 4 'Bonds' of the  General Conditions of Contract for Construction for additional information.  PART16.  SIGNING OF CONTRACT  When the Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Contract with all other written Contract Documents attached. Within fifteen (15) days thereafter, Contractor shall sign and deliver the required number of counterparts of the Contract and attached documents to Owner. In case of failure of the Bidders to execute the Contract, the Owner may at his option consider the Bidder in default. Within ten (10) days after receiving the signed Contracts, Owner shall deliver two (2) fully signed counterparts to Contractor. Each counterpart is to be accompanied by a complete set of the Contract Documents. Should the Owner not execute the Contract within such period, the Bidder may by written notice withdraw his signed Contract. Such Notice of Withdrawal shall be effective  upon receipt of the notice by the Owner.  Lee County, NC  Instructions to Bidders Page7of7  Sanitary Sewer Extension to! New County Library    BIDE FORM LEE COUNTY  SANITARY SEWER EXTENSIONTOI NEW COUNTY LIBRARY  Bidder: Address:  Moll Pye LuL 7ol Fager Labas pr W.he Fomast NC 27567  Contact Person: Telephone: Email:  Darab Krng 914-295-4630  bidsG MOREEypeCou4  Faxi Number (If Available):  Contractor's NCI License No.: 5490G  1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into a formal Contract with Lee County, NC, hereafter referred to as the OWNER, in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in the Bid and in accordance withi the othert terms and conditions of the Contract Documents, 2, The BIDDER accepts all of the terms and conditions of the Notice to Bidders, Instructions to Bidders, General Conditions, Bid Form, and all other parts of the Contract Documents. This includes without limitation those dealing with the disposition of Bid Security. This Bid willremain subject to acceptance for sixty (60) days after the day of Bid opening. The BIDDER will sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen (15) days after the date of OWNER's Notice of Award. 3. Ins submitting this Bid, BIDDER represents, as more fully: set forth in the Agreement, that:  (a) BIDDER has examined copies of all Contract Drawings and Contract Documents for this project, and oft the following Addenda (receipt of which is hereby acknowledged):  Addendum Number  Addendum Date  Lee County, NC  Bld Form Pageiof6  Sanitary Sewer Extensiont to New County Library    Addendum Number  Addendum Date  (b) BIDDER has familiarized itself with the nature and extent of the Contract Documents, work, site, locality, and all local conditions, Laws and Regulations that in any manner may (c) BIDDER has carefully examined work area and subsurface conditions and accepts the (d) BIDDER has reviewed and checked all information and data shown on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports orsimilari information ord datal in respect tos said Underground! Facilities are orv willl be requiredby BIDDERI in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. (e) BIDDER has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by (f) This Bidi is genuine and noti madei int the interest of or on behalf ofa any undisclosed person, firm or corporation andi is nots submitted in conformity with any agreement or rules ofany group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited ori induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or  affect cost, progress, performance or furnishing oft the Work.  extent oft thei technical data available.  ENGINEER is acceptable to BIDDER.  over OWNER.  4. Itis the intent of these Contract Documents that compensation be based at unit prices appliedto various portions of the Work. The Contract Price initially shall be equal to the sum of the unit prices muitiplied by their quantity plus the sum of the job items. The final contract amount shall BIDDER agrees to complete the Work described in the specifications and as shown on the  be! based on actual in-place quantities. drawings for thet following unit prices:  5.  Lee County, NC  Bid! Form Page2of6  Sanitary Sewer Extension to New County! Library    LEE COUNTY UNIT PRICE SCHEDULE  SANITARY SEWER EXTENSION TO NEW COUNTY LIBRARY  ESTIMATED  UNIT  EXTENDED PRICE  WORKI ITEMI DESCRIPTION  QUANTITY UNIT PRICE  1. Mobilization (see subsection 5 (a))  LS 419,00042 $19,00099 0.3 AC #75,000"2 #22,5000F 255 LF #273"2 $69,615" 2 EA $12,50D $25,0Db42 1 EA #7,600 #7,600* 96 SY #359 #7,20008 920 SY $350 #32,20002 50 LF #IbD #5DDE 1 EA #5,000"9 $5,00D9 1 EA #30002 13002 1 EA #5D0"0 #50692 120 LF 252 #3,00049 500 SY #499 $2,0Dd9P 500 SY #259 #1,25D42  2. Clearing  3. 8-inch PVCS Sanitary Sewer (Standard Installation) 4. Standard 4-foot Dia. Sanitary Sewer Manhole 5. Connect to Ex. Sanitary Sewer Manhole 6. Asphalt Pavement Patch 7. Asphalt Pavement Overlay (sees subsection 5 (b)) 8. Parking Line Re-Striping (see subsection. 5(c)) 9. Temporary Construction Entrance 10, Temp. Rock Silt Check Type A 11. Temp. Wattle (in Ditch) 12. Temp. Wattle Barrier 13. Permanent Seeding and Mulching 14. Rolled Matting  TOTAL UNIT PRICE BID  $195,665.00  Total Unit Price Bid (Items 1-14) for completing all work as described in the specifications and as shown ont the drawings (in words and figures) fori the work described int the Bid. ONe Hundhed Nrbly Hve alankalulssis DOLLARS  AND. Bec  CNII145,lal5.00  (a) The Lump Sum Price for Item #1 Mobilization' shall not exceed ten percent (10%) ofthe (b) See Specification 02741, Asphalt Paving, for requirements to mill at overlay limits.  Total Unit Bid Price.  Lee County, NC  Bid Form Page3of6  Sanitary Sewer Extensiont tot New County Library    (c) Pavement markings shall be painted andi match existing.  (d) Alle excavation is considered unclassified. No additional payment for required excavation (e) The unit price schedule in the Bid Form shall be used in evaluating monthly progress (f) Unit abbreviations are defined as: LS=Lump Sum; CY= Cubic' Yard; CF= CubicFeet; SY (g) Ini the event the Contractor discovers an item of work not listed ini the Bid Form, he: shall (h) Bids shall include sales tax and all other applicable taxes, permits, bonds, fees and inspection fees. Bidder understands that all costs for performing incidental work necessary for the work as shown ands specified, shall be included int the bid price, (1) Discrepancies in the multiplication of units of work and unit prices shall be resolved in favor ofthe unit prices; discrepancies betweent the Indicated: sum ofany column off figures and the correct sum thereof willl be resolved in favor of the correct sum. (i) Unit Prices have been computed in accordance with the General Specifications. (k) Bidder acknowledges that estimated quantities are not guaranteed, and are solelyf for the purpose of comparison of Bids, andi final payment for all Unit Price Bidi items will be based on actual quantities provided, determined: as indicated int the contract documents. Bids shall include: sales tax and all otherapplicabler taxes, permits, bonds, fees andi inspectioni fees. Bidder. understands that all costs for performingi incidental work necessaryt for the worka as shown Bidder understands that the Owner reserves the right to reject any or all bids and to waive On being awarded the Contract, the Bidderwill execute Performance and Payment Bonds on the formsincluded! herein, eache equalt to one hundred percent(10096) oft the contract price, ,assecurity Project Time: Bidder agrees that the Work will be substantially completed and ready for final Contractor shalll be substantially completed within 60 calendar days of Notice to Proceed. 10. Liquidated Damages: The undersigned: agrees further that the Owner may retain those amounts indicated below from the amount of Compensation due the undersigned, under thet terms of the Agreement, for each and every day in excess of the completion date that the work remains incomplete. This amount is agreed upon as thep proper measure of liquidated damages the Owner  inrock. payments.  =Square Yard; LF-LinearFeet; EA=E Each. include his cost fort this worki in a related item listed.  6. 7. 8. 9.  and specified, shall be included in the bid price.  formalities in the bidding.  fort thei faithful performance of the Contract.  payment within the number of calendar days indicated herewith:  Lee County, NC  Bid Form Page 4of6  Sanitary Sewer Extensiont tol New County Library    will sustain, per day, by thet failure of the undersignedi to complete the work, within thes stipulated  time, and iti is not construed, In any sense, as a penalty,  Owner's Liquidated Damages  $1,000 per calendar day  11. Thei following documents are attached to and made a condition of this Bid:  Required Bid Security int thet form of Bch Doncl (Insert the words' "Certified Check" or' "Bid Bond").  Bid Security Amount $ (5% of the total bid amount)  5% of brl  Lee County, NC  Bid Form Page5of6  Sanitary Sewer Extension to New County Library    BID EXECUTION FORM  Joint Venture Bids must be executed by Both Parties (see below).  Respectfully: Submitted: wetP-Tu Doing ptsww-Corponbau By SMelchks  Title_ CEO  Address 201Ernger Lekor Wbk Forogt NC 27587 Telephone Number: 919-295-4630 bn2 N.C. License No. 54906 Insert Partnership; Corporation; orl Individual as appropriate. Respectfullys Submitted: Bidder_ Doing BUSINESS: asa* By_ Title_ Address_ Telephone Number: Attest:_ N.C. License No.  (Sealed a cory  Attest  2/28/24 (DATE)  IFJOINT VENTURE:  (Sealed-it if bidi is by acorporation)  (DATE)  Insert Partnership; Corporation; or Individual as appropriate.  Lee County, NC  Bid Form Page6of6  Sanitary Sewer Extension to! New County Library    PENAL SUMI FORM  BID BOND  Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable.  BIDDER (Nameand Address): Moffat Pipe, Inc. 701 Fingerl Lakes Drive Wake Forest, NC: 27587  SURETY (Name and. Address of Principal Place ofl Business):  Atlantic Specialty Insurance Company 605 Highway 169 North, Suite 800 Plymouth, MN 55441 OWNER (Name and Address): Lee County 408 Summit Drive Sanford, NC: 27330 BID  Bid Due Date: February 28, 2024 Bond Number: Bid Bond  Description! (Project Name and Include Location): Sanitary Sewer Extension to New County Library  BOND  Date (Not earlier than Bid due date): February 28, 2024 Penal sum Five Percent of Amount Bid  $  5% (Figures)  (Words)  Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this  Bid Bond tol be duly executed by an authorized officer, agent, or representative.  BIDDER Moffat Pipe, Inc. By:  SURETY  (Seal) Atlantic Specialty Insurance Company (Seai) Surety's Name and Corporate Seal  By: JuuituphsHan  Bidder'sName and Corporate Seal 2y  Signature (Attach Power of Attorney) Michelle A. Adams Print Name Attorney-in-Fact Tile Attest: Siggature Title  Jacob S. King Print Name Chief Financial Officer Title/ han Signature Title  Attest:  spw Bollancbu Lynn Locklear-Fisher, Witness  Chep gptahyofhi  Note: Above addresses are tol be used for givingany required notice. Provide executionbyany: additional  parties.suchas onbenturera.hesar.  EJCDCC-430 Bid Bond (Penal Sum Form) Prepared! by the Engineers. Joint Contract Documents Committec.  Page Iof2 1  Lee County, NC  BID BOND  Sanitary Sewer Extension to New County Library    PENAL: SUM FORM  1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns toj pay to Owner upon default of] Bidder the penal sum: set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder's and Surety's liability. Recovery of such penal sum under the terms of this 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thercof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and anyperformance. andj payment bonds required' by the Bidding Documents.  Bond shall be Owner'ss sole and exclusive remedy upon default of Bidder.  3. This obligation shall be null and void if:  3.1 Owner accepts Bidder's Bid and Bidder delivers within the time required by thel Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or  3.2 Alll Bids are rejected by Owner, or  3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, ifapplicable, consented to by Surety when 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendat days after receipt by Bidder and Surety of written notiçe of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and thel Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate cxceed 120 days from Bid due date without Surety's written 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in 8. Notices required hereunder shall be in writing and sent to Bidder and Surely at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, retum receipt requested, postage pre-paid, and shall bc deemed to be cffective 9. Surety shall cause to bc attached to this Bond a current and effective Power of Attorney cvidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and 10. This Bond isi intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as ifset forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said staiute shall govern and thei remainder oft this Bond that is not in conflict thercwith shall continue ini full force and effect.  required byl Paragraph 51 hereof).  consent. date.  the: state in which thel Project is located.  upon receipt by thej party concerned.  dcliver such Bond and bind the Surety thereby.  11. The term "Bid" as used herein includes al Bid, offer, or proposal as applicable.  EJCDCC4301 Bid! Bond (Penal Sum Form) Prepared by the Engineers Joint Contract Documents Commiltee.  Page 2of2 2  Lee County, NC  BID BOND  Ambulance Center Parking Rehabilitation    intact] INSURANCE Surety Bond No: Bid Bond  Power of Attorney  Principnl:Moffat Pipe, Inc. Obligee: Lee County  KNOW ALLI MEN BY1 THESEE PRESENTS, that ATLANTICS SPECIALTY ASURANCECOMPAMY.A New York corporation withi its principal officei in Plymouth, -Fact,t ta make, execute, seal and deliver, for ando oni its bchalf Ds surely, any anda allb bands, recognizances, contracts ofi indemnity, and: allothers writings obligatory in ther nahurc thercof; providedi thatr not bond or andertaking executedi undert this authority shall cxcced in amount thes sumo of:s sixty mlllion dollars ($60,0 ,000,000) andt thcr cxecution ofs such bonds, recognizances, contracts ofi indemnily, and: alic other writings obligatory Int thct nature thercof inp pursuance oft thesc presents, shallt bensb bindingu upon snid Company asif they! hnd been fully signed by an nuthorized officer oft the Company ands sealed witht the Company: seal. This Powerc of Attorneyi is made ande executed bya authority ofti the followingr resolutions adoptedt by the Board oft Directors ofA ATLANTIC: SPECIALTY: INSURANCECOMPANT ont thet twenty-fifh day ofScptember," 2012: Resolved: That thel President, nny Scnior) Vicel President or Vice-President (each an" "Authorized Officer") may execute! fore andi int bchalfoft the Company any: and allb bonds, recognizances,t contracts ofi indemnity, and all others wriings obligatory int ther nature thercof, and affix thes seal of the Company thercto; andi that Ihc Authurized Officer may: mppoinls and authorize RA Attorney-in- Factt to execute on bchalf of! the Company any andr alls suchi instruments and! toa affix the Company seall thereto; andl that! the/ Authorized Officert may alany time remove: any such Altorcy-in-Facl: andr revoke allp power andr authoritys givent ton anys such Attontey-in- Resolved: Thatt the Allomey-in-F Factr mny beg given fullp power and authority to cxeculc fora andi int ther name ando ont bchalfofd the Company any end allb bonds, recgaizanves,sontnctre ofi iademnity, andr allo olhers writings obligatoryi in then nature thereof,and Anys suchi instrument exccuted! by anys such Attomey-in-Facis shall be as binding upon! the Company asi ifsigned: ands sealed by an Authorized Officern and, further, the Attorey-i -in-F Facti is hereby authorized 10 verify anyn offidavit requiredt tob be atlached Iob bonds, recognizances, contracts ofi indemnity, and allo other writings obligatoryi int ther naturet thereof. Thisp power of attomey iss signed: ands sealed byf facsimilc undert ther authority oft the following! Resolutiont adoptedb by the Board of Dircctors of ATLANTIC: SPECIALTY Resolved: Thatt thes signature ofa an Authorized Officer, thes signature oft the Secretary ort the Assistant Sccrctary, andi tho Company seal may be affixed by facsimilc toa any power of altomey or to anys certificate relatingt thereto appointing an Attomcy-in-Facti for purposes only ofc excculing: ands sealing any bond, undertaking, recognizance oro othery written obligationi inthen nattre thereof, and anys such signature and scals wherc sou used. being) hereby adopted by the Company as thec original signature of sucho officern and thec original scal ofthc Company, lob be valid andi bindingu upont the Company witht thes same force: and cffect as though IN WITNESS WHEREOF, ATLANTIC: SPECIALTYI INSURANCE COMPANY! has caused these presents to bes signedb by an Authorized Officer and! thes seal oft the Company  Minnesota, doesl herebys constitule anda appoint:, Michelle A. Adams  cachi individuallyi ifu there ber more! thand oner named,i itst truc andl lawful Altorney-in  Fact.  INSURANCECOMPANY: ont thet tiventy-ilh day ofSeptember, 2012:  manually affixed. tobe affixed this Gthe day ofN March, 2020.  SEAL 1986  By  Aphie PaulJ J. Brehm, Senior Vicel President  STATBOFMINNESOTA HENNEPINCOUNIY  Out this ffhi day ofMarch, 2020, before me personally came PaulJ, Brehm, Senlor' Vice Presidento of ATLANTICSPECIALTY, INSURANCE COMPANY, to me personully known! lo bel thoi individual ande officer describedi in and whoc cxecutedt thep preceding instrument, and! hen acknowledgedi thec exccution of thes samc, and bcing! by med duly swum, that) heis thes saido officero of the Company: nforesaid, andu that thes scal: affixedt tot thep precedingi instrumenti ist thes sealc ofs said Company: andt thatt thes said scal: andt thes signaturc as  such officers was duly affixed ands subscribed! to thes saidi instruntent by the: authority and: att the direction ofthe Company,  ALISON DWANN NASH-TROUT NOTAYPUBLP-MWMESOIA, My Commissionl Expires Januarys 31,2025  honk Notary Public  I,thei undersigned, Assistant Secretary of ATLANTICS SPECIALTY INSURANCEG COMPANY,a New York Corpunation, dot hereby certify thatt thef foregoing power ofa attorey  isinf full force and) hasr nolt beenr revoked,a andi ther resolutions setf foriha abovea arer nowi inf force. Signed ands sealed. Dated_ 28th day of February, 2024.  SEAL 1968  CLVIT Christopber V.Jery. Sccrctary    GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION  Table of Contents ARTICLE 1.1 DEFINITIONS DOCUMENTS. ARTICLE 4. BONDS.  ARTICLE: 2. CORRELATION,INTERPRETATION AND INTENT OF CONTRACT ARTICLE: 3. FAMILIARITY WITH WORK, CONDITIONS AND: LAWS.  ARTICLE: 5. INSURANCE AND INDEMNITY. ARTICLE 6. OTHER DOCUMENTS AND SUBMITTALS,  8 14 14 22 22 23 23 27 28 30 30 31 32 32 34 35 35 36 36 36 37  ARTICLE 7. CONTRACTOR ARTICLE 8. OWNER. ARTICLE 9. CONSTRUCTION MANAGER: ARTICLE 10. DESIGNER. ARTICLE11. CONTRACT TIME. ARTICLE 12. CHANGES INTHE WORK. ARTICLE 13. CHANGE OF THE CONTRACTPRICE ARTICLE 14. UNFORESEEN CONDITIONS.  ARTICLE 15. CORRECTION OF WORK BEFORE FINAL PAYMENT. ARTICLE 16. CORRECTION OF WORK AFTER SUBSTANTIAL COMPLETION;  WARRANTIES AND GUARANTIES. ARTICLE 17. OWNER'S. RIGHTT TODO WORK. ARTICLE 18. PARTIAL PAYMENTS. ARTICLE 19. FINAL PAYMENT.  ARTICLE: 20. CONTRACTOR, SUBCONTRACTOR AND SUPPLIER AFFIDAVIT.  ARTICLE21. ASSIGNMENTS AND SUBCONTRACIS  ARTICLE2 22. MEASUREMENTS. ARTICLE: 24. USE OF PREMISES. ARTICLE2 25. DISPUTE. RESOLUTION.  ARTICLE: 23. CONTRACTOR AND SUBCONTRACTORRELATIONSHIPS,  1    1.10 Contract Price- the total monies payable to the Contractor under the Contract Documents. 1.11 Contract Time- the number of calendar days stated in, or computed from, the Contract Documents for the completion oft the Work, or any portion thereof. Time of completion is of the essence. The time used and referred to on the Project will bet that time which is observed in Sanford, Lee County, North Carolina, being Eastern Daylight Savings Time, Eastern 1.12 Contractor- the Contractor shall be that party identified in the Agreement.  Standard Time, or other as designated by the Designer.  1.13 Days- unless otherwise indicated, the term "days" shall mean consecutive calendar days. 1.14 Daylight Hours- the hours or portion of hours between sunrise and sunset local time. 1.15 Designer- the person or firm designated as the Designer, in the Contract Documents, or their authorized representatives. The Designer(s), as referred to herein, shall mean architect, landscape architect, and/or engineer. They will bei referred tol hereinafter as ife each were of 1.16 Drawings- the drawings are the graphic and pictorial portions oft the Contract Documents, wherever located and whenever issued, showing the design, location, and dimensions ofthe Work, and generally including plans, elevations, sections, details, schedules and diagrams. A list ofthel Drawings is contained in the Supplemental General Conditions. 1.17 Field Order- a written order issued by the Designer which clarifies or interprets the Contract Documents or orders minor changes in the Work in accordance with the Contract 1.18 Final Completion- the point at which the Contractor has, as determined by the Designer, completed the Work, with the exception of guaranty and warranty obligations, and' becomes entitled, upon the recommendation ofthe Designer and determination by the Owner, to final 1.19 Liquidated Damages- An amount, as stated in the Contract Agreement, reasonably estimated in advance to cover the consequential damages associated with the Owner's economic loss in not being able to use the Project for its intended purposes at the end of the contract's completion date as amended by change order, ifany, by reason of failure oft the 1.20 Modification- a written amendment to the Contract Documents signed by the Owner and the Contractor and identified therein as such, or a Change Order, or a Construction Change  the singular number, masculine gender.  Documents.  payment.  contractor(s) to complete the work within the time specified.  Directive, or a Field Order. 1.21 Notice to Proceed- see Article 11.3.  3    payments theretofore received from the Owner on account oft the Work have been applied by the Contractor to discharge in full all the Contractor's obligations incurred in connection with  Work covered by all prior applications for payment.  1.30 Superintendent- that person designated by the Contractor who has day-to-day responsibility for the prosecution oft the Work and the obtaining of proper materials and 1.31 Schedule ofValues- any breakdown oft the Contract Price which: may be required by the 1.32 Specifications- the portion of the Contract Documents consisting generally oft the written requirements for materials, equipment, construction systems, standards, and workmanship for 1.33 Subcontractor- a person, firm, or corporation who has entered into a direct contract with 1.34 Submittal- shop drawings, product data, samples, and other documents required by the Contract Documents to be submitted by the Contractor to the Designer. 1.35 Substantial Completion- the point at which the Work, and Work by other Contractors on orin connection with the Project, as determined by the Designer, is sufficiently complete in accordance with the Contract Documents that it can be beneficially occupied by the Owner, and the Work can be utilized by the Owner for itsi intended use, and all necessary permits and permissions for Beneficial Occupancy and utilization having been obtained by the Contractor. All operations and maintenance manuals, Owner training, and as-built drawings must be submitted prior to Substantial Completion being achieved. 1.36 Work- the construction and services required by the Contract Documents, including all labor, materials, equipment, and services provided or tol be provided by the Contractor to  equipment, and adequate labor.  Contract Documents and designated as such.  the Work and performance ofrelated services.  the Contractor to perform any oft the Work ofthe Project.  fulfill the Contractor's obligations.  ARTICLE 2. CORRELATION, INTERPRETATION AND INTENT OF CONTRACT 2.1 Itist the intent oft the Specifications and Drawings and other Contract Documents to describe a complete Project in accordance with the Contract Documents. 2.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all. Ifthe Contractor finds a conflict, error or discrepancy in the Contract Documents, the Contractor shall notify the Designer in writing before proceeding with the Work affected thereby. Ini resolving such conflicts, errors and discrepancies, the Contract Documents shall be given preference int the following order: Contract Agreement, Modifications, Addenda, Supplemental Conditions, General Conditions, Specifications, and Drawings. Figure dimensions on Drawings shall govern over: scale dimensions, and detailed Drawings shall govern over  DOCUMENTS  5    2.9 Contractor's requests for clarification or information shall clearly define the cause(s) of Contractor's request and, as appropriate, shall include Comtactof'simtepreuation and ARTICLE: 3. FAMILIARITY WITH WORK, CONDITIONS AND LAWS  Contractor's proposed solution.  3.1 The Contractor has investigated prior to bidding and is satisfied with all conditions affecting the Work, including but not restricted to those bearing upon transportation, disposal, handling and storage ofmaterials, availability ofl labor, water, electrical power, roads and uncertainties of weather, or similar physical conditions at the Project site, and the character of equipment and facilities needed prior to and during prosecution of the Work. The Contractor is satisfied as to the character, quality and quantity ofs surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from inspection oft the Project site, including all exploratory work done by the Owner, as well as from information presented by the Contract Documents, or any other information made available to the Contractor prior to receipt ofbids. Any failure by the Contractor to become acquainted with the available information shall not relieve the Contractor from the responsibility for estimating properly the difficulty or cost of 3.2 The Contractor shall be entitled to rely upon all information furnished to the Contractor in writing by the Owner with respect to the Project site and to make all inferences from it that would reasonably be made by a contractor. having knowledge and experience with similar work; however, the Contractor shall not be entitled to infer from Owner-supplied information any fact or condition which would not bei inferred by a contractor having knowledge and experience with similar work and, ift the Owner-supplied information isi inadequate or insufficient in any respect, the Contractor shall be required to obtain independently such other information as a knowledgeable and experienced contractor would prudently obtain in order to evaluate any such 3.3 The Contractor specifically acknowledges familiarity with all Federal, State, and local laws, ordinances, rules and regulations which may in any manner affect those engaged or employed in the Work, or the materials or equipment in or about the Work, or in any way affect the conduct ofthe Work and agrees that the Contractor and the Contractor's cmployees, subcontractors, and suppliers will, at all times, comply with same. Ifthe Contractor shall discover any provisions in the Contract Documents which are contrary to or inconsistent with any such law, ordinance, rule, or regulation, the Contractor shall immediately give notice thereof to the Designer and the Owner in writing, identifying any items of Work affected, and the Contractor shall not proceed until the Contractor has received written direction from the Designer with respect to these items. Ifthe Contractor performs contrary to or inconsistently with any such law, ordinance, rule, or regulation without giving such notice, the Contractor shall bear all costs which are a 3.4. At times selected by the Designer after execution by the Contractor of the Construction Agreement, aj pre-construction conference shall be scheduled and conducted for the benefit of  successfully performing the Work.  condition.  consequence ofs such performance.  the Project.  7    insurance within 7 days without a gapi in coverage and file accordingly such notice with the Owner, and other interested parties. Failing immediate reccipt of evidence ofsuch replacement ofinsurance the Owner reserves the right to procure such insurance as the Owner considers desirable and the Contractor shall pay orreimburse the cost oft the premium in respect thereof. It is expressly provided, however, that any action ori inaction on the part ofthe Owner in this respect shall ini no way change or reduce the Contractor's: responsibilities and liabilities under this Agreement. Self-funded, policy fronting, or other non-risk transfer insurance mechanisms are not acceptable without prior written approval oft the Owner. Full disclosure of such aj program must be made prior to commencing mobilization to the Project site. Failure to: make a full disclosure constitutes a material breach of the Agreement, justifying termination for default. The Contractor shall name the Owner and Designer as additional insureds under all its insurance contracts (except workers' compensation) with respect to and including without limitation liability arising out of activities performed by or on behalf of the Contractor, products and completed operations of the Contractor, and automobiles owned, hired, leased, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of For any claims related to this Project, the Contractor's insurance or self-insurance shall be primary and noncontributory with respect to the Owner's insurance. Any insurance or self- insurance maintained by the Owner shall be excess and noncontributory with respect to the All policies of insurance shall contain a clause waiving rights ofs subrogation against the Limits ofc coverage are not to be amended by deductible clauses of any nature without the express written consent of the Owner. The Contractor shall be solely responsible for any deductible assumptions that may exist in any insurance policies required under this Agreement. In addition, the Contractor shall be responsible and shall not be reimbursed for any losses arising from any risk or exposure not insured as required herein, or not covered as a result ofa normal policy extension or that falls within the selfi insured retention, if Contractor is self The Contractor's insurance shall apply separately to each insured against whom claim is made The claim provisions in the Contractor's insurance policies must specifically state the insurance company or Contractor's Third Party Administrator, if selfinsured, has both the right and duty The policies shall not contain any provision or definition which would serve to exclude or eliminate from coverage third party claims, including exclusions of claims for bodily or other injury to shareholders, partners, officers, directors, or employees ofthe insured, the premises owner, real estate manager, or the insured's Subcontractor, or any family relative of such  protection afforded to additional insureds.  Contractor's insurance.  Owner, unless the Owner approves otherwise in writing.  insured.  or suit is brought, except with respect to the limits oft the insurer's liability.  to adjust a claim and provide defense.  persons.  9    5.3 CONTRACTOR PROVIDED AUTOMOBILE) LIABILITY INSURANCE The Contractor shall procure and maintain automobile insurance against liability for bodily injury and property damage as described below, that may arise with respect to the Work being performed under the Agreement, and as will provide protection from claims which may arise out ofc or result from the Contractor's performance oft the Work and the Contractor's other obligations under the Agreement, whether such performance oft the Worki is by the Contractor, by any representative or Subcontractor, by anyone, both officially and personally, directly or indirectly employed by any of them, or by anyone for whose acts any ofthem may be liable. This policy ofinsurance shall carry the following minimum Limit ofLiability: The policy ofinsurance shall contain or be endorsed to include the: following:  Combined Single Limit  $1,000,000  a) owned, hired, and: non-owned automobile liability.  b) Ift the policy contains a warranty stating that coverage is null and void (or words to that effect): ift the transporter does not comply with the most stringent regulations governing the Work, it shall be modified sO that covcrage shall be afforded in all cases except for the transporter's willful or intentional noncompliance with applicable government  regulations.  Any failure by any party to comply with reporting or other provisions of the policy including breach of warranties, shall not affect coverage provided to the Owner and its representatives, Nos subcontracting of waste. hauling shall be permitted without prior, written approval of the  officials, and employees.  Owner.  5.4 CONTRACTOR PROVIDED GENERAL LIABILITY  This policy must be written on an Occurrence basis, with the following minimum Limits of  Liability:  General Aggregate per project Products/Completed Operations Aggregate Bodily Injury and Property Damage csl/each occurrence Personal Injury and Advertising Injury  $2,000,000.00 $2,000,000.00 $1,000,000.00 $2,000,000.00  The policy ofinsurance shall contain or be endorsed to include the: following:  a)  Blanket Contractual Liability covering Contractor'si indemnification obligations under this Agreement, in accordance with ISO policy form CG0001. Modifications to the standard  provision will not be acceptable ift they serve to reduce coverage.  11    Should 30 days elapse after the claim or alleged claim has been received by the Contractor, and the Contractor is not able to: report a settlement or rejection oft the claim, it shall report to the Without limiting the foregoing, the Contractor shall notify in writing the County risk manager of any paid or incurred claims which may impair annual aggregate or general liability. 57CONTRACTORS DEDUCTIBLES AND SELF-INSURED RETNETIONS Any deductibles or self-insured retentions must be declared to and approved by the Owner. At the option oft the Owner, either: the insurer shall reduce to a maximum of $250,000 or eliminate such deductibles or self-insured retentions with respect to the Owner, or the Contractor shall provide evidence ofcollateral provided to insurers or procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses within the deductible or self-insured retention amount. Any self-insured retention or deductible amount on the policy shall not reduce the amount of collectible limits or liability.  Owner the steps being taken with respect to the claim.  5.8 CONTRACTOR'SSUBCONTRACTORS  The Contractor shall include all Subcontractors as Insureds under its policies, or shall furnish separate certificates, policies, and endorsements for each Subcontractor the Contractor intends to use. Ifa Subcontractor does not take out insurance in his own name and the Contractor wishes to provide insurance protection for such Subcontractor and such Subcontractor's employees, the Contractor shall either (a) procure appropriate policies in the name oft the Subcontractor, or (b) cause a rider or riders to be attached to the Contractor's policies which shall identify the Subcontractor thereby covered; provided, however, in the case oft the latter option, such a rider need not be attached to the Contractor's workers' compensation policy if such policy by its terms is sufficiently broad to cover the employees of all Subcontractors performing Work under the Contract Documents. Except as otherwise approved by the Owner in writing, Limits ofLiability and coverage scope must be at ai minimum as stringent as required oft the Contractor by the Contract Documents. All Work performed for the Contractor by any Subcontractor shall be pursuant to an appropriate agreement between the Contractor and the Subcontractor which shall contain provisions that waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by insurance as provided herein. Insurance monies received from any loss shall be divided as the respective  interest oft the parties affected shall appear. S9INDEMNIFICATION  To the fullest extent provided by law, the Contractor shall indemnify and hold harmless the owner, the designer and the agents, consultants and employees oft the owner and designer, from and against all claims, damages, losses and expense, including, but not limited to, attorneys' fees, arising out ofor resulting from the performance or failure ofj performance oft the work, provided that any such claim, damage, loss or expense 1) is attributable tol bodily injury, sickness, disease or death, or to injury to or destruction oft tangible property (other than the work itself) including the loss of use resulting therefrom, and 2) is caused in whole ori in part by any  13    Both the Project Manager and the Resident Superintendent shall have authority to act on behalf oft the Contractor, and instructions, directions or notices given to cither oft them shall be as 7.3 The Contractor shall provide sufficient competent and suitably qualified personnel, equipment, and supplies to lay out the Work and perform construction as required by the Contract Documents. The Contractor will at all times maintain good discipline and order at the Any person employed by the Contractor, any Subcontractor, or any sub-subcontractor who, in the opinion oft the Designer or the Owner, does not perform his Work in a proper and skillful manner or is intemperate or disorderly shall, at the written request oft the Owner or Designer, be removed forthwith by the Contractor, Subcontractor, or sub-subcontractor employing such person without cost to the Owner, and shall not be employed again in any portion ofi the Work Should the Contractor fail to remove such person or persons or fail to furnish suitable and sufficient personnel for the proper prosecution oft the Work within three (3) days after written order, the Owner may withhold further payment by written notice until compliance with such 7.4If, in the opinion oft the Designer or the Owner, any Subcontractor on the Project is incompetent or otherwise unsatisfactory, he shall be replaced by the Contractor with no increase int the Contract Price if and when directed by the Designer or the Owner in writing. 7.5 The Contractor shall furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools appliances, fuel, light, heat, and all other facilities and incidentals necessary for the execution, maintenance, initial operation, and completion ofthe Work, other than those specifically excluded by the Contract Documents and to be furnished by the Owner or others. When use or storage of hazardous materials or equipment or methods of more than ordinary risk are: necessary in accomplishing the Work, the Contractor shall give the All equipment which is proposed to be used in the Work shall be of sufficient size and in such mechanical condition as to meet the requirements oft the Work and produce a satisfactory quality of work. Equipment used on any portion of the Work shall be such that no injury to previously completed Work, adjacent property, or existing facilities shall result from its use. When the methods and equipment to be used by the Contractor accomplishing the Work are: not prescribed int the Contract Documents, the Contractor shall be free to use any methods or equipment that will accomplish the Work in conformity with the requirements of the Contract When the Contract Documents specify the use of certain methods and equipment, such methods and equipment shall be used unless others are authorized by the Designer. Ifthe Contractor desires to use a method or type of equipment other than specified in the Contract Documents, the Contractor may request authority from the Designer to do sO. The request shall bei in writing and shall include a full description oft the methods and equipment proposed and of  binding as if given to the Contractor.  site, and will comply with all applicable OSHA standards.  without the written approval ofthe Owner or Designer.  order.  Owner and Designer reasonable advance notice.  Documents.  15    7.10 The Contractor agrees to bind specifically every Subcontractor to the terms and conditions ofthe Contract Documents for the benefit oft the Owner and to furnish written evidence thereof 7.11 The Contractor shall attend job progress conferences and all other meetings or conferences as directed by the Designer. The Contractor shall be represented. at these job progress conferences by ai representative having the authority oft the Project Manager and by such other representatives as the Designer may direct. Job progress conferences shall be open to Subcontractors, suppliers and any others who may contribute beneficially toward maintaining required job progress, and such personnel shall be encouraged by the Contractor to attend. It shall be the principal purpose ofjob progress conferences to effect coordination, cooperation and assistance in every practical way toward the end of maintaining progress oft the Project on schedule and to complete the Work and the Project by the specified Completion Dates. The Contractor shall be prepared to assess progress oft the Work as required in the Contract Documents and to: recommend remedial measures for correction of progress as may be appropriate. The Designer shall preside as chairman and arrange for minutes to be taken and In the event that the prosecution oft the Work is discontinued for any reason, the Contractor shall notify the Designer and the Owner at least forty-eight (48) hours in advance ofresuming Should the terms oft the Contract Documents require completion of one or more portions of the Work for the Beneficial Occupancy ofthe Owner prior to completion of the entire Work, the Contractor shall complete such portion(s) oft the Work on or before the date specified. Such completion shall include the obtaining ofa all government or other permits, permission, and/or approvals necessary to occupancy. The Contractor shall independently estimate the difficulties involved in arranging the Work to permit such Beneficial Occupancy and shall not claim any additional compensation or time extension by reason of any delay ori increased cost due to completing such portion(s) oft the Work. The Owner's possession and use ofs such portion(s) of the Work shall not be deemed an: acceptance of any Work not completed in accordance with the Contract Documents. The Owner shall be responsible for the security, maintenance, utilities, and insurance ofall portions of the Work completed and beneficially occupied by the Owner. 7.12 The Contractor shall pay all license fees and royalties, and assume all costs incident to the use ofa any invention, design process, or device which is the subject of patent rights or copyrights held by others, except for inventions, design processes, or devices specified by the Designer in the Contract Documents. The Contractor shall indemnify and hold harmless the Owner, the Designer, and anyone directly employed by either of them, from and against all claims, damages, losses and expenses, including attorney's fees and costs of defense, arising out ofa any infringement or alleged infringement of such rights during or after completion ofthe Work, and shall defend all such claims in connection with any actual or alleged infringement ofs such rights. 7.13 The Contractor shall secure and pay for all permits, including without limitation construction permits and licenses, and will pay all governmental charges and inspection fees  tot the Designer and the Owner.  circulated.  operations.  necessary for the prosecution oft the Work.  17    All catch basins and storm drain lines ini the vicinity oft the Project site shall bej protected at all times from entry of dirt, rubble and other debris. The residue from the cleaning of trucks, wheelbarrows, concrete buggies, etc. must be prevented from entering the drainage system, and ifcleaning is done, the residue must be contained and removed from the Project site with other 7.18 No burning ofrefuse or debris shall be allowed inside or around the Project during the course of construction without written authority from authorities having. jurisdiction and the 7.19 The Contractor shall provide for and maintain necessary safety measures and safety programs for the protection ofall persons involved with the Work. Such: measures and programs shall include the requirements of the most current edition ofthe CAGC Safety and Health Manual [or the AGC. Accident Prevention Manual in Construction), or equivalent requirements, and shall fully comply with all Federal, State, and local laws, rules, regulations, and building code requirements relating to the prevention ofa accidents or injuries to persons on or about the All trenches, excavations, or other hazards in the vicinity oft the Work shall be well barricaded, and properly lighted at night. When Work requires closing of an area normally used by the Owner ort the public, the Contractor shall furnish, erect, and maintain temporary barricades, and properly light the area. The Contractor shall comply with any directions and public authorities 7.20 The Contractor shall designate a responsible officer or employee as safety inspector, whose duties shall include accident prevention on the Project as well as implementation ofthe Contractor's safety measures and safety programs on the Project. The name oft the safety inspector shall be made known to the Designer and the Owner at the pre-construction  refuse.  Owner.  location oft the Work.  int this respect.  conference.  7.21 In emergencies affecting the safety of persons, the Work, or property at the Project site or adjacent thereto, the Contractor is obligated to act in the Contractor's discretion toj prevent threatened damage, injury, or loss. As soon as practicable, the Contractor shall notify the Designer and Owner ofs such emergency. The Contractor shall give the Designer and the Owner prompt written notice of any significant changes in the Work or deviations from the Contract Documents caused by such emergency. Ift the Contractor believes that additional work done in an emergency entitles the Contractor to an increase in the Contract Price or an extension of the Contract Time, the Contractor may make. a claim therefore as provided in Articles 14 and/or 15. 7.22 The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by the Work. At least weekly and at the completion oft the Work, the Contractor shall remove all waste. materials and rubbish from and about the Project. At the completion ofthe Work, the Contractor shall remove all tools, construction equipment, machinery, and surplus materials. The Contractor shall leave the Work in condition for occupancy by the Owner such that no cleaning or other operations are required. Material cleared from the Project and deposited on adjacent property shall not be considered as having been disposed of satisfactorily. Ifthe Contractor fails to keep the Project clean of waste materials or  19    7.28 The Owner hereby delegates to the Project Expediter all ofits duties to coordinate and to expedite the Work not expressly reserved to the Owner by other provisions ofthe Contract 7.29 All Work performed pursuant to the Contract Documents shall conform in all respects to thel North Carolina State Building Code and all other state, local, and: national codes in effect at 7.30 The Contractor shall provide for and maintain necessary safety measures and safety programs for the protection of all persons at the Project site, and shall comply at all times with the requirements oft the most current edition of the CAGC Safety and Health Manual [or the AGC Accident Prevention Manual in Construction), or the equivalent requirements of the Contractor's safety program, and shall fully comply with all Federal, State, and local laws, rules, regulations, and building code requirements SO as to prevent accidents or injuries to persons on or about thel Project site. The Contractor shall clearly mark or post signs warning ofexisting hazards, and shall barricade excavations, elevator shafts, stairways, and similar hazards. The Contractor shall protect against damage or injury resulting from falling materials, and shall maintain all protective devices and signs throughout the progress oft the 7.31 The Contractor shall adhere to the rules, regulations, and interpretations of the North Carolina Department ofLabor's Occupational Safety and Health Standards for the Construction Industry (29 CFR Part 1926 as adopted in 131 NCAC07F.0201, ,including 29 CFR Part 1910 General Industry Safety and Health Standards applicable to construction) and N.C. Gen. Stat. $95-126 through 155 (Occupational Safety and Health) as well as all revisions and amendments tos such standards or statutes as may occur throughout the performance oft the Work. 7.32 Any land disturbing activity performed by the Contractor in connection with the Project shall comply with all erosion control measures set forth ini the Contract Documents and any additional measures which may be required in order to ensure that the Project is in full compliance with the Sedimentation Pollution Control Act of1973, as implemented by Title 15 North Carolina Administrative Code, Chapter 4, Sedimentation Control, Subchapters 4A, 4B and 4C, as amended (151 NCAC 4A, 4B, and 4C), and as may be revised or amended in the future. Upon receipt ofr notice that a land-disturbing activity is in violation of said Act, the Contractor shall be responsible for ensuring that all steps or actions necessary to bring the Project in compliance with said Act are promptly taken. The Contractor shalll be responsible for all penalties assessed pursuant to N.C. Gen. Stat. 113A-64 with respect toi its Work, and shall indemnify and hold harmless the Owner from all costs and expenses, including attorney's fees and costs of defense arising out of or related to the enforcement oft the Act against any party or 7.33 Any mechanical or electrical work such as sleeves, inserts, chases, etc. located in the Work ofthe Contractor for general work shall be built in by that Contractor. On multiple prime projects, the mechanical and electrical contractors shall set all sleeves, inserts, and other devices built into the structure in cooperation and under the supervision of the Contractor: for general work. The responsibility for exact location of such items shall be that oft the mechanical,  Documents.  the time of and applicable to this Work.  Work.  person described in this Article.  plumbing, or electrical prime contractor.  21    Construction Managers(s) to the Contractor. in writing identifying any tasks assigned to such  Construction Managers(s). ARTICLE 10. DESIGNER  10.1 The Designer is charged with the responsibility ofinterpretation ofthe Contract Documents. The Designer's decisions relating to aesthetic matters shall be final. 10.2 All Work completed under the Contract Documents shall be subject to review by the Designer. No Work is to be covered without the Designer'si review or prior authorization. Any Work sO covered without the Designer's review or prior authorization shall be uncovered at the Contractor's expense. The Contractor shall notify the Designer in writing at least twenty-four 10.3 The Designer shall not be responsible for the construction means, methods, techniques, sequences, procedures, or the safety precautions and programs incident thereto, and shall not be responsible for the Contractor's failure to perform the Work in accordance with the Contract Documents, but shall be entitled to enforce any requirements in the Contract Documents specifying particular means, methods, techniques, sequences, or procedures. 10.4 The Designer shall be an Owner's representative during the construction period. The duties, responsibilities and authority oft the Designer as the Owner's representative during  (24) hours in advance of covering any Work.  construction are as set forth in the Contract Documents.  ARTICLE11. CONTRACTTIME  11.1 Within fourteen (14) days, or within at time set by mutual consent of the Parties, after execution ofthe Contract Agreement by the parties, the Contractor shall prepare and submit to the Designer and Owner for review and approval aj preliminary progress schedule for the Work 11.2 Within fourteen (14) days after execution of the Contract Agreement by the parties, or within the time set by mutual consent oft the Parties, the Contractor shall submit to the Designer a Submittal Register listing all Submittals the Contractor is required to make or proposes to make under the Contract Documents, the dates on which the Contractor proposes to: make such Submittals and the dates by which the Contractor reasonably requires a response from the Designer with respect to each Submittal. The dates submitted shall bei incorporated into the Contract Construction Schedule as Completion Dates when they have been approved or modified by the Owner. The Designer shall not be required to review any Submittal from the Contractor until a Submittal Register acceptable to and approved by the Owner has been submitted by the 11.3 Not later than thirty (30) days following execution and delivery of the Contract Agreement by Owner to Contractor, or upon a date agreed to by mutual consent oft the Parties, the Owner shall deliver to the Contractor al Notice to Proceed. The Notice to. Proceed shall state a commencement date on which the Contractor will begin the Work tol be performed under the  pursuant to the requirements stated ini the Contract Documents.  Contractor.  23    activity by the Completion Datc shown on the Contract Construction Schedule, or as such 11.9 The Designer and Owner or his Construction Consultant shall monitor progress oft the Work at all times and the Contractor shall cooperate with such monitoring and provide any and all information with respect toi the progress ofthe Work and scheduling as the Owner may 11.10 On aj monthly basis, the Contractor shall revise the Contract Construction Schedule, showing any adjustments made by any Change Order, the progress of the Work, and any days gained or days lost with respect to any activity, and shall furnish copies thereofto the Owner and 11.11 Should any monthly revision of any Contract Construction Schedule show that the Contractor is bchind on any activity, the late completion of which could delay Substantial Completion ofthe Work, the Owner shall be entitled to withhold from the next Progress Payment due the Contractor an amount not exceeding the amount the Owner would be entitled to in Liquidated Damages, should Substantial Completion be delayed by the same number of days that the Contractor is currently behind schedule. If, subsequently, the Contractor's progress, as shown by any succeeding monthly revision to the Contract Construction Schedule, is such that the anticipated delay no longer exists, the Owner shall pay with the Progress Payment next due to the Contractor such amounts as have been withheld in accordance with this paragraph. 11.12 The Owner shall have the right toj perform Work, hire and employ labor and craftsmen, rent equipment, subcontract with other parties, or do anything that the Owner deems necessary or appropriate to remedy or cure any delay by the Contractor in the progress oft the Work. Such action by the Owner shall not, in any way, affect, void or limit any warranty, guaranty or other responsibility oft the Contractor under the Contract Documents. Such action may be taken by the Owner only after three (3) days written notice to the Contractor. All costs incurred by the Owner in taking any such action shall be charged to the Contractor and deducted from any amounts 11.13 The Contractor may be entitled to an extension of the Contract Time (but no increase in the Contract Sum) for delays arising from unforeseen causes beyond the control and without the fault or negligence oft the Owner, the Contractor or the Contractor's Subcontractors as: follows: a) Labor disputes and strikes that directly impact the critical path activities ofthe Contract b). Acts of God, tornado, fire, hurricane, blizzard, earthquake, typhoon, or flood that damage c). Acts ofthe public enemy; acts oft the State, Federal, orl local government ini their sovereign  Completion Date may have been adjusted.  reasonably require.  Designer.  remaining due under the Agreement.  Construction Schedule;  completed Work or stored materials.  capacities.  d)Abnormal inclement weather.  25    ARTICLE 12. CHANGES IN THE WORK  12.1 Without invalidating the Contract Documents, the Owner may, at any time, or from timc to time order additions, deletions, or revisions int the Work. Said additions, deletions, or revisions shall be authorized only by written Change Orders, Construction Change Directives or Field Orders. Upon receipt ofa Change Order, Construction Change Directive or Field Order, the Contractor shall proceed with the Work involved. All such Work shall be executed under the applicable conditions oft the Contract Documents. Ifany change causes an increase or decrease in the Contract Price and/or an extension or shortening ofthe Contract Time, adjustments shall be In order to expedite the Work and avoid or minimize delay in the Work that might affect the Contract Price or Contract Time, the Designer may issue a Change Order in the form ofa Construction Change Directive which when signed by the Owner and Designer, directs the Contractor toj proceed promptly with the Work involved. Any claim for an adjustment in Contract Price or Time, ifnot defined in the Construction Change Directive, shall be promptly 12.2 The Designer may, authorize minor changes or alterations in the Work not involving change int the Contract Price or in the Contract Time and noti inconsistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order. Such alterations shall not invalidate the Contract Documents nor release the surety. Ifthe Contractor believes that any minor change or alteration authorized by the Designer entitles him to an increase in the Contract Price and/or an extension of Contract Time, he may make a claim therefore as provided in 12.3 Except in an emergency endangering life or property, no change shall be made by the Contractor except upon prior written Change Order, Directive or Field Order authorizing such 12.4 Increases in the Contract Price and/or extensions ofthe Contract Time for additional Work performed by the Contractor shall only be in accordance with a written Change Order signed by the Owner and Designer. The Contractor shall not be entitled to additional time or1 to additional compensation for any Work performed or material supplied which is claimed to have been authorized or settled by an' "oral" change, or by a "constructive" or "implied" change, or by a course of conduct, or by any action or non-action by the Owner, Designer, or any other persons, orby any means whatsoever other than by a written Change Order for such Work or material 12.5 Changes ini the Work resulting from emergency shall not invalidate the Contract Documents 12.6N Neither the Owner nor the Designer shall be responsible for verbal instructions which have not been confirmed in writing, and in no case shall such instructions bei interpreted as permitting ac departure from the Contract Documents unless such instruction is confirmed in writing and supported by aj proper Change Order, Construction Change Directive or Field Order, whether or 12.7The Owner, in its sole discretion, may require that the Contractor notify the Contractor's sureties ofany changes affecting the general scope oft the Work or change in the Contract Price, and that the amount of applicable bonds shall be adjusted accordingly.Ifthisi requirement is exercised, the Contractor shall furnish proof of such adjustment to the Designer and the Owner.  made as provided in Article 11 and/or Article 13.  made in writing.  Article 11 and/or Article 13.  Change.  signed by the Owner and the Designer.  nor release the surety.  not the cost is affected.  27    Contractor be entitled to any increase in the Contract Price unless the Contractor has given notice and made such a written claim within the times required. The Owner shall decide, after obtaining the advice ofthe Designer, whether an increase in Contract Price is warranted, and the amount of such increase shall be determined. Any change in the Contract Price resulting from any such claim shall be incorporated in a Change Order. Any change in the Contract Price or on a Change Order must be approved by the Board of County Commissioners or the County Manager and any, decision by the Board or the Manager will be relayed to the Contractor within seven days after the Board's consideration. Any claim on which the Owner has not provided its decision to the Contractor within the applicable time period shalll be The Owner shall advise the Contractor of its decision with respect to the claim within fourteen (14) days ofits receipt, or ofthe receipt of additional documentation or information ifthe absence ofs such has previously been the basis ofi rejection oft the claim; provided, however, that if, in its sole discretion, the Owner deems that review or consideration ofany part of the claim or any matter: related thereto by its governing Board is necessary or appropriate, it shall sO advise the Contractor and shall provide its decision to the Contractor within seven (7) days after such Board consideration, review or action. Any claim on which the Owner has not provided its decision to the Contractor within the applicable time period shall be deemed denied. Ift the Contractor is not satisfied with the decision oft the Owner, the Contractor may within seven (7) days ofreceipt of the Owner's decision initiate the mediation process as described in Appendix A to the General Conditions oft the Contract for Construction. 13.3 In determining the amount ofa Contract Price adjustment, the parties shall apply the (A) Change in Work: The Owner and Contractor shall negotiate in good faith and attempt to agree upon the value of any, change (extra or decrease) in Work prior to the issuance ofa Change Order covering said Work. Such Change Order shall set forth the corresponding adjustment to the Contract Price. In the event the Owner and the Contractor are unable to agree, (B) Emergency Work: In the event of emergency endangering life or property, the Contractor may be directed by the Designer to proceed on a1 time and material basis, whereupon the Contractor shall sO proceed and keep accurately, in such form as may be required by the Designer, a correct account of costs together with all proper invoices, payrolls, and supporting 13.4 Where the Contract Price is to be adjusted, the following limitations shall apply in  deemed denied.  following methods, as appropriate:  the Owner shall grant an equitable adjustment in the Contract Price.  data therefore.  determining the amount of adjustment:  (A)  In the case of extra or emergency, work, the Contract Price shall not be  increased by more than the reasonable, actual, and documented net cost oft the extra or emergency work plus ten percent (10%) of such net cost on Work performed by the Contractor and five percent (5%) thereof on any subcontracted Work for overhead and decreased by less than the net cost oft the deleted Work plus five percent (5%) ofs such Thei term 'net cost' as used herein shall include, as applicable, and shall bel limited to, all direct labor, direct material, direct equipment, labor burden, sales taxes, shipping and handling charges, permits and fees, and insurance and bond premium adjustments, if any, attributable to  profit combined. (B)  In the case ofa decrease in Work, the Contract Price shall not be  direct net cost for profit and overhead.  29    Should the cost of correction of the Work and, ifapplicable, disposal oft the condemned Work by the Owner exceed amounts due ort to become due the Contractor, thent the Contractor and the Contractor's: sureties shall be liable for and shall pay to the Owner the amount of such excess. ARTICLE 16. CORRECTION OF WORK AFTER SUBSTANTIAL COMPLETION; 16.1 Neither the final certificate, Final Payment, occupation of the premises by the Owner, nor any provision of the Contract Documents, nor any other act or instrument oft the Owner or the Designer shall relieve the Contractor from responsibility for negligence, defective material or 16.2 The Contractor shall, at the Contractor's sole cost and expense, make all necessary, repairs, replacements, and corrections of any nature or description, interior or exterior, structural or non- structural, that shall become necessary by reason of defective workmanship. or materials which appear within aj period ofc one (1)year from the date of Substantial Completion; provided, however that notwithstanding the preceding, ifany longer guarantee period is specified for any particular materials or workmanship, under the Contract Documents, or under any subcontract, or inc connection with any manufactured unit which is installed in the Project, or under the laws of 16.31 If, within any guarantee period, repairs or changes are required in connection with the Work, which are rendered necessary as the result oft the use ofr materials, equipment, or workmanship which are inferior, defective, or not in accordance with the terms oft the Contract Documents, the Contractor shall, promptly upon: receipt of notice from the Designer and without Completely repair or replace the Work sO that it conforms to the Contract Documents; Make good all damage which, in the opinion of the Designer, is the result oft the use of materials, equipment, or workmanship which are inferior, defective, or not in accordance with d) Make good any Work or material, or any equipment or contents disturbed in fulfilling If, in fulfilling the requirements oft the Contract Documents or of any guarantee embraced therein or required thereby, the Contractor disturbs any work, facility, premises, or construction belonging to the Owner, the Contractor shall restore such disturbed work to a condition satisfactory to the Owner, and shall guarantee such restored work to the same extent as ifit Ifthe Contractor, after notice, fails to proceed promptly to comply with the terms ofthe guarantee, the Owner may have the defects corrected, and the Contractor and the Contractor's sureties shall be liable for all expenses incurred. Promptly"i is defined as within twenty-four (24) hours for systems necessary to normal operation ofthe building and within seventy-two (72) hours for all other items. All special guarantees applicable to definite parts ofthe Work that may, be shown in or required by Contract Documents shall be subject to the terms ofthis paragraph during the first year ofi the life ofsuch special guarantee. Manufacturer's standard guarantees or warranties which do not comply with the time limit specified herein shall be extended by the Contractor: automatically without further action on the part of the Owner or the  WARRANTIES AND GUARANTIES  workmanship, or failure to comply with the Contract Documents.  the State ofNorth Carolina, the longer guarantee period shall govern.  expense to the Owner:  a) b) c)  Correct all defects therein;  the terms ofthe Contract Documents; and  any such guarantee.  were Work under the Contract Documents.  Designer.  31    e) f)  Current amount due. Balance remaining.  The Contractor, upon request ofthe Designer, shall substantiate the request with invoices,  vouchers, payrolls, or other evidence.  18.3 When payment is requested or made on an account ofs stored materials, such materials must be stored on the Owner's property at such places and in such a manner as may be designated by the Designer. However, in the sole discretion ofthe Owner, with permission in writing from the Designer and Owner and under such circumstances as may be determined by the Owner, such materials may be stored in al bonded warehouse. The location and conditions for storage ofs such materials away: from the Owner's property in a bonded warehouse shall be within the sole discretion oft the Owner. Requests for Payment on account of stored materials shall be accompanied by paid invoices, bills ofs sale, warehouse receipts, or other documentary evidence establishing Owner's title to such materials, evidence that the stored materials are insured against loss and damage, and such other documentation as required by the Designer. Responsibility for the quantity, quality, and condition ofs such stored materials, whether stored on the Owner's property. or away from the Owner's property, shall remain with the Contractor regardless of ownership or title. No payment shall bei made on account ofmaterials stored in al bonded warehouse unless the Contractor has acquired written permission from the Designer for such storage ofmaterials and has complied with all conditions set forth in such permission regarding 18.4 Any Request for Payment received by the Designer on or before the date provided to the Contractor at thei initial meeting by the Owner ofe each calendar month shall be certified for payment or returned for re-submission to the Contractor on or before ten days following the submission. The Designer's certification shall be for the amount which was requested or that which the Designer has decided was justly due, and shall state in writing to the Contractor and Owner the reasons for withholding payment of any or all of the amount requested. 18.5The Designer may fail to certify all or part of any payment requested for any ofthe  such storage of materials in a bonded warehouse.  following reasons: a) b) c) received payment. d) e) f)  Defective Work not corrected.  Suits, actions, or claims of any character filed against the  Contractor, or due to the operations of the Contractor, or information or notice that a suit,  action, or claim will be filed or has been made.  Information or notice that a Subcontractor or a supplier has not The balance unpaid of the Contract Price is insufficient to complete  the Work in the judgment of the Designer or Owner.  Damage to the Owner or another contractor.  Inability of the Contractor to meet a Completion. Date, including an  anticipated failure to meet a Completion Date entitling the Owner to withhold anticipated  Liquidated Damages.  33    a) b) c) d) e)  Claims arising from unsettled liens or claims against the Contractor. Faulty Work or materials appearing after Final Payment. Failure oft the Contractor to perform the Work in accordance with As conditioned in the Performance Bond and Payment Bond. Claims made prior tol Final Payment which remain unsettled.  the Contract Documents, appearing after Final Payment..  19.6 The making and acceptance ofFinal Payment shall constitute a waiver ofa all claims by the Contractor except those claims previously made in writing and not finally resolved, except 19.7 The Designer shall not authorize Final Payment until all oft the Work under the Contract Documents has been certified by the Designer as completed, proper and suitable for occupancy and use, and has been approved by all federal, state and local agencies having  as noted in Paragraph 19.5.  jurisdiction.  19.8 The final Request for Payment shall bei identified on its face as such and shall be presented by the Contractor to the Designer within thirty (30) days of completion oft the Work. Final payment oft the retained amount due the Contractor shall be made by the Owner within thirty (30) days after the later of(i) full and Final Completion of all Work required by the Contract Documents, and certification ofs such Work as provided in 18.4; (ii) submission ofthe affidavits of other documentation required by Article 20; (ii) submission by the Contractor ofa Request for Payment identified on its face as: final and including the Designer's ARTICLE 20. CONTRACTOR, SUBCONTRACTOR AND SUPPLIER AFFIDAVIT The Final Payment due the Contractor on account oft the Contract Documents shall not become due until the Contractor has furnished to the Owner through the Designer: (A). an affidavit by the Contractor signed, sworn, and notarized to the effect that all payments for materials, services, or for any other reason in connection with the Work or performance oft the Contract Documents have been satisfied and that no claims or liens exist against the Contractor in connection with the same; (B) affidavits from each Subcontractor and supplier signed, sworn, and notarized to the effect that () each such Subcontractor or supplier has been paid in full by the Contractor for all Work performed and/or materials supplied by him in connection with the Project, and (ii) that all payments for materials, services, and for any other reason in connection with the subcontract or supply contract have been satisfied and that no claims or liens exist against the Subcontractor or supplier in connection therewith; and (C) the written consent oft the Contractor's: sureties to Final Payment. In the event that the Contractor cannot obtain an affidavit, as required above, from any Subcontractor or supplier, the Contractor shall state in the Contractor's affidavit that no claims or liens exist against such Subcontractor or supplier to the best of thc Contractor's) knowledge, and that ifany appear afterwards, the Contractor shall save the Owner harmless for all costs and  certification.  expenses, including attorney'sf fees, on account thereof. ARTICLE 21. ASSIGNMENTS AND SUBCONTRACIS  The Contractor shall not assign any portion oft this. Agreement nor subcontract the Work in its entirety without the prior written consent ofthe Owner. Except as: may be required under terms  35    24.3 The Contractor shall enforce all of the Designer'si instructions, including but not limited to,  those regarding signs, advertisements, fires, and smoking. ARTICLE: 25. DISPUTE RESOLUTION  25.1 The laws ofthe State ofNorth Carolina shall apply to the interpretation and enforcement of this Agreement. Any and all suits or actions to enforce, interpret, or seek damages with respect to any provision of, or thej performance or nonperformance of, this Agreement shall be brought in the General Court of. Justice ofNorth Carolina sitting in Lee County, North Carolina, and itis agreed by the parties that no other court shall have venue with: respect to such suits or actions. Appendix A shall be a part of the Contract Documents. Prior toi initiating an action under this Article, any party to this Agreement shall initiate the mediation process as provided in Appendix 25.2 Any person or firm that expressly or impliedly agrees to perform labor or services or to provide material, supplies, equipment, work, performance or payment bonds, insurance or indemnification for the construction oft the Project or the Work shall be deemed a parly to this Agreement solely for the purpose oft this Article 25. The Contractor, by means ofits subcontracts, shall specifically require its Subcontractors to be bound by this Article.  A to these General Conditions oft the Contract for Construction.  ARTICLE 26. TAXES  26.1 The Contractor has included in the Contract Price and shall pay all taxes assessed by any authority on the Work or the labor and materials used therein. The Contractor shall maintain all tax records during the life of the Project and furnish the Owner with a complete listing of all taxes paid by taxing authority, invoice number, date, amount, etc. in a form acceptable to the Owner. The Contractor is required to maintain ai file showing taxes paid on the Project for three (3)years after Final Payment or turn said documents over to the Owner for his files. 26.2 The following is a list ofrequirements tol be followed by the Contractor in maintaining proper records and reporting the North Carolina Sales and Use Tax and Local Sales and Use Tax. The Contractor shall comply fully with the requirements outlined below, in order that the Owner documentary evidence showing the materials used and sales and use tax paid by the Contractor and each ofhis Subcontractors. Such evidence shall be transmitted to the Owner with each pay the Contractor and each oft the Contractor's Subcontractors individually, showing, total purchases of materials from each separate vendor and total sales and use taxes paid to each vendor. Certified statements must show thei invoice number, or numbers, covered, and inclusive  may recover the amount oft the tax permitted under the law.  a)  Itshall be the Contractor's responsibility to furnish the Owner  request irregardless of whether taxes were paid in that period.  b)  The documentary evidence shall consist ofa certified statement by  dates of such invoices.  Materials used from Contractor's or Subcontractor's warehouse stock The Contractor shall not be required to certify the Subcontractor's  Shai be shown in a certified statement at warehouse stock prices.  d) statements.  37    be entitled to any claim or claim ofl lien against Owner for any additional compensation or  damages in the event of such termination and payment.  39    NOTICE OF AWARD  To: Jacob King Moffat Pipe Inc. 701 Finger Lakes Drive Wake Forest, NC 27587  Project: Sanitary Sewer Extension to New County Library (#4841-01-24)  prepared byJ JThomas Engineering, Inc., and dated 2/1/2024 (Issued for Bids).  The OWNER has considered the bid submitted by you on February 28, 2024 for the above referenced project. You are hereby notified that the Unit Price Bid was accepted by the OWNER on March 18, 2024 You are required to complete four (4) originals of the following documents included with this Notice of  for the total amount of $195,665.  Award:  Contract w/ Exhibit A and Addendum B; Certification, and the E-Verify Affidavit  Performance and Payment Bonds w/ Power of Attorney, and Certificate of Insurance; and Vendor Application w/ W-9, Vendor Electronic Payment Authorization, Iran Divestment  Per the Bid Specifications, the Contract shall be executed and delivered to the Owner within fifteen (15) calendar daysf from the date oft this Notice ofA Award. Failure to deliver: said Contract and other documents specified above within fifteen (15) calendar days from the date oft this Notice, said OWNER will bee entitled to consider all your rights arising out of the OWNER's acceptance ofy your Bid as abandoned. The OWNER Please return an acknowledged copy oft this NOTICE OF AWARD to the Owner's Engineer.  will be entitled to such other rights as may! be granted by law.  Dated this March 25, 2024  By: Jeremy R. Thomas, P.E. JThomas Engineering, Inc.  i  Title: Owner'sEngineer  ACCEPTANCE OF NOTICE  Receipt of the above NOTICE OF. AWARDI is hereby acknowledged:  By: Title:  thist the. 25k day of Mauh 2024.  T    Contract Agreement Between Contractor and Lee County Government  THIS AGREEMENT ("*Agreement"), made the 18th day of March, 2024 by and between Moffat Pipe Inc. (hereinafter referred to as the "Contractor"): and Lee County Government  (hereinafter referred to as the "Owner") agree as follows:  1. Scope of Work: The Contractor shall furnish and deliver all ofthe materials, and perform all oft the work in the manner and form as provided by the enumerated plans, specifications and documents for the project Sanitary Sewer Extension to New County Library (4841-01-24) which are attached hereto and made aj part thereof as iffully contained herein: Notice to Bidders, Instructions to Bidders, General Conditions with Exhibit A and Addendum B, Contract, performance bond, payment bond, power of attorney, insurance certificates including worker's compensation and public liability, any 2. The Contractor shall commence work to be performed under this agreement on a date to be specified in a written order of the Owner ("Notice to Proceed") and shall fully complete all work hereunder within sixty (60)consecutive calendar days from said date ofNotice to Proceed. For each day in excess thereof, liquidated damages shall be assessed in the amount of one thousand dollars ($1,000): per calendar day. The Contractor, as one oft the considerations for the awarding oft this contract, shall furnish to the Owner a construction schedule setting forth the project broken down by various divisions oft the work and by the calendar days, as described in the General Conditions. 3. The Owner agrees to pay to the Contractor for the faithful performance oft this agreement, subject to additions and deductions as provided in the specifications or proposal, in 4. Alternates. Alternates, if any, included in the Contract Sum are as follows:  addendums, and all plans and drawings.  lawful money the amount of $ 195,665.00  (UNITI PRICEJ JOB)  Item N/A  Price N/A  5. Allowances. Allowances, ifany, included ini the Contract Sum are as follows:  Item N/A  Price N/A  6. Unit Prices. Unit prices, ifany, are as follows:  Item  Units and limitations  Price per Unit  ASINDICATED ONI BID FORM  1    7. Liquidated Damages. Liquidated damages will be one thousand dollars ($1,000.00): per 8. Binding Dispute Resolution. Any disputes between the parties related in any way to this Agreement or the Project shall be subject to mediation. For any claim subject to, but not resolved by mediation, the method ofl binding dispute resolution shall be litigation in a  day, after the date specified for substantial completion.  court of competent jurisdiction. 9. The Owner's Representative is:  Ms. Lisa Minter, County Manager 408 Summitt Drive Sanford, NC27330 mnterzlecrounynegox  10.1 Itiffurther mutually agreed between the Parties that if at any time after the execution of this agreement and the surety bonds hereto attached for its faithful performance, the Owner shall deem the surety or sureties upon such bonds to be unsatisfactory, ori if, for any reason, such bonds cease to be adequate to cover the performance oft the Work, the Contractor, ati its own expense, within five (5) days after the receipt of notice from the Owner sO to do, furnish an additional bond or bonds in such form and amount, and with such surety or sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this agreement, until such new or additional security for the faithful performance oft the Work shall be furnished ina IN WITNESS WHEREOF, the Parties hereto have executed this agreement on this the 25/6  manner and form satisfactory to the Owner.  day of Manch CONTRACTOR By: Title: CFO  2024.  Witness:  Ra  AOE  LEE 9UPTY/COVPAMMENT Title: Kick DSmith  By:  MA 0h  / -  Witness  a  2    EXHIBIT A COUNTY OF LEE  RULES FOR IMPLEMENTING MEDIATED SETTLEMENT CONFERENCES INI NORTH CAROLINA PUBLIC BUILDING CONTRACTS  Table of Rules  1.1 Initiating Mediated Settlement Conferences  A. Purpose of mandatory settlement conterences B. Initiating the dispute resolution process  2. Selection of Mediator  A. Selection of certified mediator by agreement of the parties B. Nomination and court approval of a non-certified mediator C.Appointment of mediator by the County ofLee D. Mediator information directory E.D Disqualification of Mediator 3. The Mediated Settlement Conference A. Where conference is tol be held B. When conference is to bel held C.F Request to extend deadline for completion  D. Recesses which is the focus of the dispute 4. Duties of Parties and Other Participants 5.Authority and Duties of Mediators A. Authority ofr mediator B.I Duties of mediator 6.C Compensation ofthe Mediator A. By agreement B. Bya appointment 7.Mediator Certification 8. Rule Amendments 9. Time Limits  E. The mediated settlement conference shall not be cause for the delay of the construction project,  RULE: 1. INITIATING MEDIATED SETTLEMENT CONFERENCES  A. Purpose of Mandatory Settlement Conferences. Pursuant tol N.C.G.S. 143-128(fl)and (g), these Rules are promulgated to implement a system ofs settlement events, which are designated to focus the parties' attention on settlement rather than on claim preparation and to provide a structured opportunity for settlement negotiations to take place. Nothing herein is intended to limit or prevent the  1    parties from engaging in settlement procedures voluntarily at any time to or during commencement ofthe  dispute resolution process.  B.J Initiating thel Dispute Resolution Process  1.7 The County reserves the right to require mediation as aj precondition to litigation. The County also encourages all disputes to be resolved through good faith efforts of discussion by submitting a dispute to the Project Designer or Prime Contractor and working with the County before a party requests mediation. 2. Any party to a public building contract governed by Article 8, Chapter 143 ofthe NC General Statutes and identified in N.C.G.S. 143-128(fI) and (g) and who is aj party to a dispute arising out oft the building process in which the amount in controversy is at least $15,000: may submit a written request to the County 3.1 Prior to submission ofa a written request for mediation to the County ofl Lee owner, the parties a.1 Ifaj prime contractor, must have first submitted its claim to the Project Designer for review. If the dispute is not resolved through the Project Designer'sinstructions, then the dispute is eligible for mediation in the Formal Dispute Resolution Process and the party may submit their written request for b.Ifthe party requesting mediation is as subcontractor, it must first have submitted its claim for mediation to the prime contractor with whom it has a contract. Ifthe dispute is not resolved through the Prime Contractor's involvement, then the dispute is eligible for mediation in the Formal Dispute Resolution Process, and the party may submit its written request for mediation to the County ofLee. c.I Ifthe party requesting mediation is thel Project Designer, then it must first submit its claim to the County ofLee to resolve. Ift the dispute is not resolved with the County ofLee'si involvement, then the Project Designers' dispute is eligible for mediation in the Formal Dispute Resolution Process, and the Project Designer may submit its written request to the County ofLee for mediation.  ofLee owner, notice to the Lee County Manager, for mediation ofthe dispute.  requesting mediation:  mediation to Lee County.  RULE2. SELECTION OF MEDIATOR  A. Selection of Certified Mediator by Agreement of the) Parties. The parties may selecta certified mediator pursuant to the Rules by agreement within 21 days ofrequesting mediation. The requesting party shall file with the County ofL Lee al Notice of Selection of Mediator by Agreement within 10 days oft the request; however, any party may file the notice. Such notice shall state the name, address, and telephone number oft the selected mediator, state the rate of compensation of the mediator, state that the mediator and opposing counsel have agreed upon the selection and rate of compensation, and state  that the mediator is certified pursuant to these Rules.  B. Nomination. and the County ofLee. Approval ofa Non-Certified Mediator. The parties may select a mediator who does not meet the certification requirements of these Rules, but who, in the opinion oft the parties and the County ofl Lee, is otherwise qualified by training or experience to mediate  the action.  If the parties select a non-certified mediator, the requesting party shall file with Lee Countya Nomination of Non-Certified Mediator within 1O days of the request. Such nomination shall state the name, address and telephone number ofthe mediator, state the training, experience or other qualifications    ofti the mediator, state ther rate ofc compensation oft the mediator, and state that the mediator and opposing  counsel have agreed upon the selection and rate of compensation.  Lee County shall rule on said nomination, shall approve or disapprove oft the parties' nomination C. Appointment of Mediator by Lee County. If the parties cannot agree upon the selection ofa mediator, the party or party's attorney shall notify Lee County and request, on behalfofthe parties, that Lee County appoint a mediator. The request for appointment must be filed within 10 days after request to mediate and shall state that the parties have had a full and frank discussion concerning the selection ofa mediator and have been unable to agree. The request shall state whether any party prefers a certified attorney mediator, and if so, Lee County shall appoint a certified attorney mediator. Ifno preference is expressed, Lee County may appoint a certified attorney or a certified non-attorney mediator. D. Mediator Information Directory. To assist the parties in the selection ofar mediator by agreement, the parties are free to utilize the list of certified mediators maintained in any county participating in the Superior Court Mediation Settlement Conference Program.  and shall notify the parties ofi its decision.  E.I Disqualification of Mediator. Any party may request replacement oft the mediator by Lee County for good cause. Nothing ini this provision shall preclude mediators from disqualifying  themselves.  RULE3. THE MEDIATED SETTLEMENT CONFERENCE  A. Where Conference is to bel Held. Unless all parties and the mediator otherwise agree, the mediated settlement conference shall be held in Lee County. The mediator shall be responsible for reserving a place and making arrangements for the conference and for giving timely notice of the time and location of the conference to all attorneys, unrepresented parties and other persons or entities required  to attend.  B. When Conference is to be Held. The deadline for completion of the mediation shall be not C.R Request to. Extend Deadline for Completion. A party, or the mediator, may request Lee County to extend the deadline for completion oft the conference. Such request shall state the reasons the extension is sought and shall be served by the moving party upon the other parties and the mediator. If any party does not consent to the request, said party shall promptly communication its objection to Lee  less than 30 days nor more than 60 days after naming the mediator.  County.  Lee County may grant the request by setting a new deadline for completion oft the conference. D. Recesses. The mediator may recess the conference at any time and may set times for reconvening. Ifthe time for reconvening is set before the conference is recessed, no further notification is  required for persons present at the conference. project which is the focus of the dispute.  E.The mediated settlement conference shall not be cause: for the delay of the building    RULE 4. DUTIES OF PARTIES AND OTHER PARTICIPANTS INI FORMAL DISPUTE  RESOLUTION PROCESS A. Attendance.  1.All parties to the dispute originally presented to the Designer or Prime Contractor for  initial resolution must attend the mediation. Failure ofap party to a construction contract to attend the mediation may result in Lee County's withholding ofr monthly payment tot that party until such party means. Any attendee on behalf ofa party must have authority from that party to bind it to any agreement  attends the mediation.  2. Attendance shall constitute physical attendance, not by telephone or other electronic 3.Attorneys on behalf of parties may attend the mediation but are: not required to do sO. 4. Sureties or insurance company representatives are not required to attend the mediation  reached as a result of the mediation.  unless any monies paid or to be paid as a result of mediation require their presence or acquiescence. If such agreement or presence is required, then authorized representatives of the surety or insurance  company must attend the mediation.  B. Finalizing Agreement. Ifan agreement is reached in the conference, parties to the agreement C. Mediation Fee. The mediation fee shall be decided amongst the parties at thet time mediation D.1 Failure to Compensate Mediator. Any party's failure to compensate the mediators in accordance with N.C.G.S. 143-128(f1) and (g) may subject that party to a withholding ofs said amount of  shall reduce the terms to writing and sign it along with their counsel.  isr requested.  money: from the party's I monthly payment by Lee County. RULE5. AUTHORITY AND DUTIES OF MEDIATORS  A. Authority of] Mediator. and the procedures tol be followed.  1.Control of Conference. The mediator shall at all times be in control of the conference 2.) Private Consultation. The mediator may communicate privately with any participant 3. Scheduling the Conference. The mediator shall make a good faith effort to schedule  or counsel prior to and during the conference. The fact that private communications have occurred with a participant shalll be disclosed to all other participants at thel beginning oft the conference. the conference at a time that is convenient with thej participants, attorneys and mediator. In the absence of  agreement, the mediator shall select the date for the conference.  B. Duties of Mediator.  1. The mediator shall define and describe the following at the beginning ofthe  conference:  a. The process of mediation;  b. The difference between mediation and other forms of conflict resolution; d. That the mediated settlement conference is not a trial, the mediator is not a  c. The costs of the mediated settlement conference;  judge, and the parties retain their legal rights ifthey do not reach settlement;    e. The circumstances under which the mediator may meet and communicate f. Whether and under what circumstances communications with the mediator will g.Thei inadmissibility of conduct and statements as provided by N.C.G.S. 7A- h. The duties and responsibilities oft the mediator and the participants; and i.That any agreement reached will ber reached by mutual consent. 2. Disclosure. The mediator has a duty to bei impartial and to advise all participants of 3. Declaring Impasse. It is the duty of the mediator to timely determine that an impasse 4. Reporting Results ofC Conference. The mediator shall report to Lee County within 10  privately with any ofthe parties or with any other person; be held in confidence during the conference;  38.1;  any circumstance bearing on possible bias, prejudice or partiality.  exists and that the conference should end.  days oft the conference whether or not an agreement was reached by the parties. Ifan agreement was reached, the report shall state the nature of the agreement. The mediator's report shall inform Lee Count oft the absence of any party known to the mediator to have been absent from the mediated settlement conference without permission. Lee County may require the mediator to provide statistical data for conference and conduct it prior to the deadline of completion set by the Rules. Deadlines for completion oft the conference shall be strictly observed by the mediator unless said time limit is changed by a written  evaluation oft the mediated settlement conference program.  5.Scheduling and Holding the Conference. Iti is the duty oft the mediator to schedule the  order from Lee County.  RULE6. COMPENSATION OF THE MEDIATOR  A. By Agreement. When the mediator iss stipulated by the parties, compensation shall be as agreed upon by the parties and the mediator provided that the provisions OfN.CGS.7A3810are  observed.  B. By Appointment. When the mediator is appointed by Lee County, the parties shall compensate the mediator for mediation services at the rate in accordance with the rate charged for Superior Court mediation. The parties shall also pay to the mediator a one time per case administrative rate in accordance with the rate charged for Superior Court mediation, which is due upon appointment.  RULE7. MEDIATOR CERTIFICATION  All mediators certified in the Formal Dispute Resolution Program shall be properly certified in accordance with the rules certifying mediators in Superior Court inl North Carolina, except when otherwise allowed by Lee County upon the request oft the parties to the mediation. When selecting mediators, the parties may designate a preference for mediators with al background in construction law or public construction contracting. Such requirements, while preferred, are not mandatory under these  Rules.  All mediators chosen must either demonstrate they are certified in accordance with thel Rules Implementing Scheduled Mediated Settlement Conference in Superior Court or must gain the consent of  Lee County to mediate any dispute in accordance with these Rules.    RULE 8. RULE MAKING appropriate. RULE9. TIME: LIMITS  These Rules are subject to amendment by Lee County at any time the County deems it  Anyt time limit provided for by these Rules may be waived or extended by the mediator it appoints for good cause shown. Ifthe mediator has not yet been appointed, the Designer of Record shall  decide all waivers or extensions oft time for good cause shown.    AGREEMENT ADDENDUMB CONTRACTOR LEE COUNTY  This Addendum to the construction agreement by and between Moffat Pipe Inc. (the "Contractor')and The following provisions are incorporated and shall apply, supplant and control the construction Compliance with E-Verify requirements: The Contractor and any ofi its subcontractors must comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes, ifa applicable, which requires certain employers to verify the work authorization of each newly hired employee through the federal E-Verify program operated by the United: States Department of Homeland Security Iran Divestment Act Certification. The Contractor certifies that the Contractor is not listed on the Final Divestment List created by the State Treasurer pursuant to N.C.G.S. 147-86.58 (the Final Divestment List) and the Contractor will not utilize any subcontractors performing work under this Contract which is listed on the Final Divestment List. The Final Divestment List can bet found on the State Treasurer's website at the address wwenctreasurercom/ran ands should be updated every: 180 days. Non-Discrimination in Employment. The Contractor will not discriminate again any employee or applicant for employment because of age, sex, race, creed, national origin or disability. Int the event Contractor is determined byt thet final order ofa an appropriate agency or court to bei in violation of this provision or any non-discrimination provision oft federal, state or local law, this Contract may be suspended ort terminated, in whole or in part by the County. Ina addition, the Contractor may be declared ineligible for further contracts with the County. The Contractor shall state in all solicitations or advertisements for employees place by or on behalf of the Contractor that the Contractor is an equal employment opportunity employer. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient compliance with this provision. The Contractor will include this provision in every subcontract over $10,000.00: so that the provisions will be Drug-Free Workplace. During the performance of this agreement, the Contractor agrees to () provide a drug-free workplace fori its employees; (ii) posti in conspicuous places, available to employees and applicants fore employment, a statement notifying employees of the unlawful manufacture, sale, distribution, dispensation, possession, or use ofa controlled substance or marijuana is prohibited in its workplace and specifying the actions that willl be taken against employees for violations of such prohibitions, (ii) state ina all solicitations or advertisements for employees placed by or oni its behalf that itm maintains a drug-free workplace; (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000.00: so that the provisions will be binding upon each Divestment from companies that boycott Israel: Contractor certifies that (a)i iti is noti identified on the Israel Boycott List or any other list created by the NC State Treasurer, pursuant to N.C.G.S. 147--86.80et  the County of Lee (the "Owner")i is made as of the 18th day of Month, 2024.  agreement:  and other federal agencies.  binding upon each subcontract.  subcontractor or vendor.  1    aland (b) ity will not take any action causing it to appear on any such list during the term of the contract Indemnification: The Contractor agrees, to the fullest extent permitted by law, to indemnify: and hold harmless the County, its officers, directors and employees (collective, County) against all damages, liabilities, or costs, including reasonable attorneys' fees and defense costs, to the extent caused by Contractor's negligent performance ofs services under this Agreement and that of its subcontractors or anyone for whom the Contractori is legally liable. Neither the County nor the Contractor shall be obligated to indemnify the other party in any manner whatsoever fort the other, party's ownr negligence  agreement.  ort fort the negligence of others.  2    Bond No. 800163895  FORM OF PERFORMANCE BOND  Date of Contract: Date of Execution: Name of Principal (Contractor) Name of Surety: Name of Contracting Body: Amount of Bond: Project  March 18, 2024 March 25, 2024 Moffat Pipe, Inc.  Atlantic Specialty Insurance Company Lee County (NC) Government  $195,665.00  Sanitary Sewer Extension to New County Library (4841-01-24)  KNOW ALL MEN BY THESE PRESENTS, that we, the principal and surety above named, are held and firmly, bound unto the above named contracting body, hereinafter called the contracting body, in the penal sum of the amount stated above for the payment of which sum well and truly to be made, we bind, ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.  THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal entered into a certain contract with the contracting body, identified as shown above and  hereto attached:  NOW, THEREFORE, if the principal shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of said contract during the original term of said contract and any extensions thereof that may, be granted by the contracting body, with or without notice to the surety, and during the life of any guaranty required under the contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any, and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to the surety being hereby waived, then, this obligation to be void; otherwise to remain in full  force and virtue.  IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals on the date indicated above, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its  undersigned representative, pursuant to authority of its governing body.  Executed in Witness:  four (4)  counterparts.  MOFFAT PIPÉ,INC Contraclos(Trade or Corporate Name) Ondadnfer  By:  1    (Proprietorship or Partnership) Attest: (Corporation)  Title: PRESIDENT (Owner, Partner, or Corp. Pres. or' Vice Pres.only)  By:  Title: SECRETAR LEH (Corp. Sec. or Asst. Sec. only) F Seal) MPI)  Atlantic Specialty Insurance Company (Surety Company) Jimilpklony Title: Michelle A. Adams, Attorney-in-Fact  Witness: Eyaelafgdo Lynd.ockiebFisher Cougtersigned: ailuglom Michelle A. Adams (N.C. Licensed Resident Agent) USI Insurance Services, LLC Name and Address-Surety Agency Atlantic Specialty Insurance Company Surety Company Name and N.C. Regional or Branch Office Address  By:  (Attorney in Fact)  (Surety Corporate Seal)  8540 Colonnade Center Drive, Suite 111, Raleigh, NC: 27615  605 Highway 169 North, Suite 200, Plymouth, MN 55441  2    Bond No. 800163895  FORM OF PAYMENT BOND  Date of Contract: Date of Execution: Name of Principal (Contractor) Name of Surety: Name of Contracting Body: Amount of Bond: Project  March 18, 2024 March 25, 2024 Moffat Pipe, Inc.  Atlantic Specialty Insurance Company Lee County (NC) Government $195,665.00  Sanitary Sewer Extension to New County Library (4841-01-24)  KNOW ALL MEN BY THESE PRESENTS, that we, the principal and surety above named, are held and firmly, bound unto the above named contracting body, hereinafter called the contracting body, in the penal sum of the amount stated above for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.  THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal entered into a certain contract with the contracting body identified as shown above and  hereto attached:  NOW, THEREFORE, if the principal shall promptly make payment to all persons supplying labor/material in the prosecution of the work provided for in said contract, and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to the surety being hereby waived, then this obligation to be  void; otherwise to remain in full force and virtue.  IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals on the date indicated above, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned  representative, pursuant to authority of its governing body.  Executed in four (4)  counterparts.  3    Witness:  MOFFAT PRE,INC. Contractos (Trade or Corporate Name) By: daanAft Title PRESIDENT Pres.only)  (Proprietorship or Partnership) Attest: (Corporation)  (Owner, Partner, or Corp. Pres. or Vice  By:  Title: SECRETARY LIHE (Corp. Sec. or Asst. Sec.. only) PIPPN  (CorppralSeal) MPN  Atlantic Specialty Insurance Company melekken Title: Michelle A. Adams, Attorney-in-Fact  (Surety Company)  htness: Eufoclaan Lymhocki@-Fisher Cou,tersigned: calioklar Michelle A. Adams (N.C. Licensed Resident. Agent) USI Insurance Services, LLC Name and Address-Surety. Agency Atlantic Specialty Insurance Company Surety Company Name and N.C. Regional or Branch Office Address  in (Attorney Fact)  (Surety Corporate Seal)  8540 Colonnade Center Drive, Suite 111, Raleigh, NC 27615  605 Highway 169 North, Suite 200, Plymouth, MN 55441  4    Sheet for Attaching Power of Attorney  5    intact] Surety Bond No: 800163895  Power of Attorney  Principal: Moffat Pipe, Inc. Obligee: Lee County Government  KNOW ALLI MENE BY" THESE PRESENTS, that ATLANTICSPECIALTI INSURANCECOMPANY.A New York corporation withi its principal office inF Plymouth, -Fact, ton makc, execute, seala and deliver, fora and oni itst bchalfa ass surety, any and all bonds, recognizances, contracts ofi indemnity, and allo othery writingso obligatory in ther narure thercof:p provided thatr nol bond or undenaking executed under this authority shall exceedi ins amount thes sum of:s sixty million dollars ($60,p00,p00). andt thec exeçution ofs such bonds, recognizances, contracts ofi indemnity, anda allo other writings obligatory int ther nature thereof ing pursuance ofd these presents, shall bea as binding upons said Company asif they! had! beent fully signed! by an authorized officer oft the Company and sealed with the Company seal. This Power ofA Atlorney is made ande executed by: authority ofthe following resolutions adoptedb by the Board ofl Directors ofA ATLANTIC: SPECIALTYI INSURANCE COMPANY on thet twenty- fifth day of September, 2012: Resolved: That the President, any Scnior' Vicc President or Vice-President (cach an" "Authorized Officcr")may exccute fora andi in bchalfo oft the Company any: and allb bonds. recognizanes.contasis ofi indemnity, andz allo otherv writings obligatoryi int ther nature thercof, and affix thes scal ofu the Company thereto; and that the Authorized Officer may appointa anda authorize an Attomey-in- Fact! to execute ont bchalf of the Company anys and: alls suchi instruments andt to: affix the Company sealt thereto;: andt thatt the Authorized Officerr may atanyt time remove: anys such Auorney-in-Fact: andr revoke allp powera and authoritys given! to anys such Attorney-in- Resolved: Thatt the Attomey- in-Factr may be given full power: and authority to execute fora andi in ther name and on bchalfo of the Company any and all bonds, recognizances, contracts ofi indemnity, anda allo otherv writings obligatory in ther nature thercof, anda anys suchi instrument executed by anys such Attomey-in-Facts shall bea as binding upont the Company: as ifs signed: ands scaled! by an Authorized Officer and, further,t the Artomey-in-H Facti ist herebya authorizedtov verify any affidavit requiredt tot bea attached tob bonds, recognizances, contracts of indemnily, and allo other writings obligatory ini thet nature thereof. Thisp power ofa attomeyi iss signeda ands scaled by facsimilet undert the authority oft thet following Resolution adoptedt byt the! Boardo of Directors of ATLANTIC: SPECIALTY Resolved: Thatt thes signature ofan Authorized Officer,t thes signature ofu the Secretary or the Assistant Secretary. andt the Company scalr may be affixedb by facsimilet tos any power of attomey or to any certificate relatingt thercto: appointing an Artomey-i in-H Fact for purposes only ofe executing ands sealinga any bond, undertaking, recognizance ord other written obligationi int ther nature thereof, and: anys such signature: ands seal whercs sou used.being hercbya adoptedb byt the Company ast thec originals signature of sucho officer andt the originals sealo oft the Company, tobe valida andb binding upont the Company witht thes samef force: ande effect as though IN WITNESS WHEREOF, ATLANTICS SPECIALTY INSURANCE COMPANYI has caused these presents tobe signedb by an Authorized Oficer andt thes seal oft the Company  Minnesota, docs! hereby constitute anda appoint:. Michelle A. Adams  eachi individuallyi ifthere! ber moret thand oner named, its truea andl lawful Attormey-in  Fact.  INSURANCE COMPANY onu ther twenty- fith day ofSeptember, 2012:  manually affixed. tobe affixed thisf fifth day ofMarch.: 2020.  SEAL 1986  By  upnhr PautJ J. Brehm, Senior Vice President  STATEOFN MINNESOTA HENNEPIN COUNTY  Ont this fifbe days of! March, 2020, beforer mep personally camel PaulJ. Brehm, Senior Vice President of ATLANTIC: SPECIALTY INSURANCE COMPANY, tome personally known 1ob bei thei individual and officer describedi ina and whoc cxecuted thep preceding instrument. and! hea acknowiedged the execution of thes same, and being by me dulys swom, that heist thes saido officer oft the Company: aforesaid, andt thatt thes scala affixedt tou the precedingi instrument is thes scal ofs said Company andt thatt thes saids scal: andt thes signature: as  such officery wasd duly affixed ands subscribed to thes saidi instrument! byt the authority, anda att the direction of the Company.  ALISOND DWANN NASH-TROUT NOTARYPUBLIC. MIHKESOTA My Commisslon Expires January: 31, 2025  honlh Notary Public  I,the undersigned, Assistant Sccretary of ATLANTIC SPECIALTY! INSURANCECOMPANYa New York Corporation, doh herebys certify that thef foregoing power of attomey  isinf fullf force andh has not beent revoked,a andi ther resolutions setf forth above aret now in force. Signed ands sealed. Dated_ 25th_ day of March, 2024  SEAL 1988  CLVIT Christopher V.Jerry, Sccretary    DATE (MM/DD/YYYY) 3/20/2024  ACORD  CERTIFICATE OF LIABILITY INSURANCE  THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED MPORTANT: Ift the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. IFSUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. As statement on  REPRESENTATIVE ORI PRODUCER, AND THE CERTIFICATE HOLDER.  this certificate does not confer rights to the certificate holder inl lieu of such endorsement(s).  PRODUCER Jones insurance. Agency, Inc. 820 Benson Road Garner NC: 27529 INSURED Moffat Pipe, Inc. 701 Finger Lakes Drive Wake Forest NC 27587 COVERAGES LTR INSR  NAME: CONTACT Priscilla M. Bedford PHONE IA/C, NO.ExU: 919-772-0233 E-MAIL ADDRESS: Padb@PrEnaac. INSURERA: Selective Insurance Company oft the Southeast MOFFPIP-01 INSURER B: Builders Premier Insurance Company INSURERC: Travelers Property Casualty! Insurance Company INSURER D: Iinois Union Insurance Company INSURERE: Great American Insurance Co.  FAX (AC.No: 919-779-4025  INSURERIS)A AFFORDING COVERAGE  NAIC# 39926 13036 36161 27960 16691  INSURERF:  CERTIFICATE NUMBER: 1469945710  REVISION NUMBER:  THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOWI HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,  EXCLUSIONS. AND CONDITIONS OF SUCHF POLICIES. LIMITS SHOWN MAY HAVE BEENE REDUCEDI BYF PAID CLAIMS.  TYPE OFI INSURANCE A x COMMERCIAL GENERALL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY SEC OTHER: AUTOMOBILEUABILIY ANYA AUTO OWNED AUTOS ONLY X HIRED AUTOS ONLY 8 X UMBRELLAUAB X OCCUR EXCESSI LIAB DED XI RETENTIONS B WORKERS COMPENSATION ANDE EMPLOYERS LIABILITY AWYPROPRIETORPARTNEREXECUTIVE YIN NIA AIRCEPMEVERCACUOEDA (Mandatory In NH) fyes, describe under DÉSCRIPTION OF OPERATIONS below D Pollution Liabilily Rented Equipment Installation! Malerials  TADDLISUBR INSD_WVD Y Y S 2409345  POLICY NUMBER  (MMDPYYY POLICY EFF MM/DDYYYY) POLICYEXP 3/10/2024 3/10/2025 EACHOCCURRENCE  LIMITS $1,000,000  DAMAGE PREMISES TO5 (Ea RENTED occurrence) $1,000,000 MED EXP (Any onep person) $15,000 PERSONAL &A ADVINJURY $1,000,000 GENERAL AGGREGATE $3,000,000 PRODUCTS- COMPIOPA AGG $3,000,000 BODILYI INJURY (Per person) s BODILY INJURY (Pers accident) $ PROPERTY DAMAGE (Pera accident) Excess Liability STATUTE ERH E.L.E EACHACCIDENT E.L. DISEASE: -EAEMPLOYEE $1,000,000 E.L. DISEASE -POLICYLIMIT $1,000,000  LOC SCHEDULED AUTOS X NON-OWNED AUTOS ONLY CLAIMS-MADE  Y Y s 2409345  3/10/2024 3/10/2025 COMBINEDS (Ea accident). SINGLEL LIMIT $1,000,000  $ $ $5,000,000 $5,000,000 $10,000,000 $1,000,000 3,000, 000 1,500,000 1,000,000  Y Y S 2409345 EX21734495-23.NF Y PWC 1017090  3/10/2024 3/10/2025 EACHOCCURRENCE 3/10/2024 3/10/2025 AGGREGATE 3/10/2024 3/10/2025 X PER  G71790095 005 IMP F157795 $2409345  3/10/2024 3/10/2025 PollutionLiabilty 2/7/2024 3/10/2025 Rented Equipment 3/10/2024 3/10/2025 InslallationN Malerial  DESCRIPTION OF OPERATIONS ILOCATIONS IVEHICLES (ACORD 101,A Additional Remarks Schedule, mayb bes attachedln more spaceisr required). awritten" insured contract" between named insured and certificate holder that requires such status.  The General Liability policyi includes additionall insurede endorsement that provides additional insured status for ongoing operations and products and completed operations and a blankety waiver ofs subrogation endorsement that provides waiver ofs subrogation status tot the certificate holder and other entities whent there is The General Liability policy contains endorsement providing primary and non-contributory status whena av written' insured contract" requires such status. The Auto Liability policyi includes additional insured endorsement thatp provides additional insured status and blanket waiver ofs subrogation endorsement that provides waiver ofs subrogation. status tot the certificate holder and other entities when there is a written insured contract" between namedi insured: and certificate *The Auto Liability policy contains endorsement; providing primary andi non-contrbutory status whena a written" insured contract" requires such status.  holder that requires such status. See Attached... CERTIFICATE HOLDER  CANCELLATION  SHOULD ANY OF THE ABOVE DESCRIBED! POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN  Lee County Attn: Risk Manager 408 Summit Avenue Sanford NC: 27330  ACCORDANCEI WITH1 THEF POLICY PROVISIONS. AMPORZEDREPESEMIAIVE Mimm hayK  01988-2015. ACORD CORPORATION. All rights reserved.  ACORD 25 (2016/03)  The ACORD name and logo are registered marks of ACORD    AGENCY CUSTOMER ID: MOFFPIP-01  LOC#:  ACORD "ENCY nes Insurance. Agency, Inc. POLICY NUMBER CARRIER  ADDITIONAL REMARKS SCHEDULE  Page 1 of  NAMED! INSURED Moffat Pipe, Inc. 701 Finger Lakes Drive Wake Forest NC: 27587 EFFECTIVE DATE:  NAIC CODE  ADDITIONAL REMARKS  THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Umbrella is followf form and extends over listed! liability policies. Department: Lee County General Services Contract: 4841-02-24 INSURANCE POLICY.  -The Workers Compensation policyi includes waiver ofs subrogation endorsement that provides waiver ofs subrogation statust tot the certificate holder and other  entities when there is a written "insured contract" between namedi insured and certificate holder that requires suchs status. -Executive Officers Andreal Moffat; Keith Moffat; and Craig Moffat are excluded from Workers Compensation. -Railroad Liability exclusionlimitation has been removed from the General Liability and Umbrella Liability.  Lee COUNTY, ITS OFFICERS, AGENTS, ANDI EMPLOYEES. ARE INCLUDED. AS ADDITIONAL INSURED WITHE RESPECTS TO THE GENERAL LIABILITY  ACORD 101 (2008/01)  02008 ACORD CORPORATION. All rights reserved.  The ACORD name and logo are registered marks ofA ACORD    ElitePace  General Liability Extension Endorsement  COMMERCIAL GENERAL LIABILITY  CG73000622  SUMMARY OF COVERAGES (including index)  This is a summary of the various additional coverages and coverage modifications provided by this endorsement. No coverage is provided by this summary. Refer to the actual endorsement (Pages 3-through-9) for changes affecting your  insurance protection. DESCRIPTION  PAGE FOUND Page 8 Page 5  Additional Insureds = Primary and Non-Contributory Provision Blanket Additional Insureds - As Required By Contract  Owners, Lessees or Contractors (includes Architects, Engineers or Surveyors)  Lessors of Leased Equipment Managers or Lessors of Premises Mortgagees, Assignees and Receivers Grantors of Permits Broad Form' Vendors Coverage Electronic Datal Liability ($100,000) Employee Definition Amended Employees As Insureds Modified Incidental Malpractice Exclusion modified Knowledge of Occurrence, Claim, Suit or Loss Mental Anguish. Amendment (Not applicable tol New York) Newly Formed or Acquired Organizations Non-Owned Watercraft (under 601 feet) Not-for-profit Members - as additional insureds Products Amendment (Medical Payments) Two or More Coverage Parts or Policies Issued By Us Unintentional Failure to Disclose Hazards Waiver of Transfer of Rights of Recovery (subrogation) When Two or More Coverage Parts of this Policy Apply to al Loss  Any Other person or organization other than a joint venture  Page 7 Page 3 Page 4 Page 9 Page 5 Page 3 Page 8 Page 8 Page 8 Page 10 Page 5 Page 3 Page 3 Page 5 Page 9 Page 4 Page 4 Page 9 Page 8 Page 8 Page 3 CG73000622 Page 1of10  Damage To Premises Rented To You (Including Fire, Lightning or Explosion)  Employer's Liability Exclusion. Amended (Not applicable in New York)  Liberalization Clause  Non-Owned Aircraft  Personal And Advertising Injury - Discrimination. Amendment (Not applicable in New' York) Supplementary Payments Amended - Bail Bonds ($5,000) and Loss of Earnings ($1,000)  Copyright, 2021 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.  INSURED'S COPY    THIS PAGE IS INTENTIONALLY LEFT BLANK.  Copyright, 2021 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.  CG73000622 Page 2of10  INSURED'S COPY    ElitePace  General Liability Extension Endorsement  COMMERCIAL GENERAL LIABILITY  CG73000622  THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.  This endorsement modifies thei insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART  The SECTIONS of the Commercial General Liability Coverage Form identified in this endorsement will be amended as shown below. However, if (a) two or more Coverage Parts of this policy, or (b) two or more forms or endorsements within the same Coverage Part apply to a loss, coverage provision(s) with the broadest language will apply, unless With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by  specifically stated otherwise within the particular amendment covering that loss.  the endorsement. COVERAGES Amendments PROPERTY DAMAGE LIABILITY EXCLUSIONS Employer's Liability Amendment York).  B. The following is added to Exclusion g. Aircraft, Auto Or Watercraft under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. This exclusion does not apply to: (6) Any aircraft, not owned or operated by any insured, which is hired, chartered or loaned with a paid crew. However, if the insured has any other valid and collectible insurance for "bodily injury" or "property damage" that would be covered under this provision, or on any other basis, this coverage is then excess, and subject to Condition 4. Other Insurance, b. Excess Insurance under SECTION IV  SECTION 1 COVERAGE A BODILY INJURY AND  Exclusions:  (This provision is not applicable in the State of New The following is added to Exclusion e. Employer's Liability under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions: This exclusion also does not apply to any "temporary Non-Owned Aircraft, Auto or Watercraft A. Paragraph (2) of Exclusion g. Aircraft, Auto Or Watercraft under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions is deleted in its entirety and replaced (2) A watercraft you do not own that is: (a) Less than 26 feet long and not being used to carry persons or property fora a charge; or (b) At least 261 feet, but less than 60 feet long, and not being used to carry persons or property for a charge. Any person is an insured who uses or is responsible for the use of such watercraft with your expressed or implied consent. However, if the insured has any other valid and collectible insurance for "bodily injury" or "property damage" that would be covered under this provision, oron any other basis, this coverage is then excess, and subject to Condition 4. Other Insurance, b. Excess Insurance under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS.  worker".  COMMERCIAL CONDITIONS. Damage To Premises Rented to You A. The last paragraph of Paragraph 2. Exclusions under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE is deleted in its entirety and Exclusions C. through n. do not apply to damage by fire, lightning or explosion to premises rented to you or temporarily occupied by you with the permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III  GENERAL  LIABILITY  with the following:  replaced with thet following:  LIMITS OF INSURANCE.  Copyright, 2021 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.  CG73000622 Page 3of10  INSURED'S COPY    B. Paragraph 6. under SECTION III = LIMITS OF INSURANCE is deleted in its entirety and replaced 6. Subject to Paragraph 5. above, the most we will pay under COVERAGE A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage caused by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner, for all such damage caused by fire, lightning or explosion proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of thet three, ist the amount shown in the Declarations for the Damage To Premises Rented To You! Limit. C. Paragraph a. of Definition 9. "Insured contract" under SECTION V - DEFINITIONS is deleted in its entirety and replaced with the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning or explosion to premises while rented to you. or temporarily occupied by you with the permission of the owner is not an' "insured contract"; A. Exclusion p. Access or Disclosure Of Confidential Or Personal Information And Data-related Liability under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions is deleted in its entirety p. Access or Disclosure Of Confidential Or Personal Information And Data-related (1) Any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information or any other type of nonpublic information; (2) The loss of, loss of use of, damage to, corruption of, inability to access, or inability tom manipulate "electronic data" that does not result from physical injury to tangible This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1) or (2)  B. The following paragraphi is added to SECTION II = Subject to 5. above, the most we will pay under COVERAGE Ai for "property damage" because ofa all loss of "electronic data" arising out of any one "occurrence" is a sub-limit of $100,000. SECTIONI 1 COVERAGE C MEDICAL PAYMENTS EXCLUSIONS Any Insured Amendment Exclusion a. Any Insured under COVERAGE C MEDICAL PAYMENTS, 2. Exclusions is deleted in its entirety and replaced with the following: a. Any Insured To any insured. This exclusion does not apply to: (1) "Not-for-profit members"; (2) "Golfing facility" members who are not paid a fee, salary, or other compensation; or (3) "Volunteer workers". This exclusion exception does not apply if COVERAGE C MEDICAL PAYMENTS is excluded by another endorsement to this Coverage Part. Product Amendment Exclusion f. Products-Completed Operations Hazard under COVERAGE C MEDICAL PAYMENTS, 2. Exclusions is deleted in its entirety and replaced with thet following: f. Products-Completed Operations Hazard Included within the Products-completed operations hazard". This exclusion does not apply to "your products" soldi for use or consumption on your premises, while such products are still on your premises. This exclusion exception, does not apply if COVERAGE C I MEDICAL PAYMENTS is excluded by another endorsement to this Coverage Part. SECTION I - SUPPLEMENTARY PAYMENTS - COVERAGES AANDB Expenses For Bail Bonds And Loss Of Earnings A. Subparagraph 1.b. under SUPPLEMENTARY PAYMENTS - COVERAGES AAND B is deleted in its entirety and replaced with the following: b. Up to $5,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which Bodily Injury Liability Coverage applies. We do not have tot furnishi these bonds.  LIMITS OF INSURANCE:  with the following:  Electronic Data Liability  and replaced by the following:  Liability Damages arising out of:  or  property.  above.  Copyright, 2021 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.  CG73000622 Page4of10  INSURED'S COPY    B. Subparagraph 1.d. under SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is deleted ini its entirety and replaced with thet following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of eamings up to $1,000 a day because of SECTION I- - WHO IS AN INSURED - Amendments Not-for-Profit Organization Members The following paragraph is added to SECTION II -= WHO IS AN INSURED: If you are an organization other than a partnership, joint venture, or a limited liability company, and you are a not-for-profit organization, the following are included as additional insureds: 1. Your officials; 2. Your trustees; 3. Your members; 4. Your board members; 5. Your commission members; 5. Your agency members; 7. Your insurance managers; 8. Your elective or appointed officers; and 9. Your' 'not-for-profit members". However only with respect to their liability for your activities or activities they perform on your behalf. Employees As Insureds Modified A. Subparagraph 2.a.(1)(a) under SECTION II --WHO IS AN INSURED does not apply to "bodily injury" to a "temporary worker" caused by a co-'employee" who is not a "temporary worker". B. Subparagraph 2.a.(2) under SECTION II - WHOIS AN INSURED does not apply to "property damage" toti the property of a' "temporary worker" or "volunteer worker" caused by a co-'employee" who is not a "temporary worker" or "volunteer worker". C. Subparagraph 2.a.(1)(d) under SECTIONII-WHO ISAN INSURED does not apply to "bodily injury" caused by cardio-pulmonary resuscitation or first aid services administered by a co-'employee". With respect to this provision only, Subparagraph (1) of Exclusion 2. e. Employer's Liability under SECTION! - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY does not apply. Newly Formed Or Acquired Organizations A. Subparagraph 3.a. under SECTION II - WHO IS AN INSURED is deleted in its entirety and replaced  a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. However, COVERAGE A does not apply to "bodily injury" or "property damage" that occurred before you acquired or B. The following paragraph is added to SECTION I-WHO IS AN INSURED, Paragraph 3: If_you are engaged in the business of construction of dwellings three stories or less in height, or other buildings three stories or less in height and less than 25,000 square feet in area, you will also be an insured with respect to' "your work" only, for the period of time described above, for your liability arising out of the conduct of any partnership or joint venture of which you are or were a member, even if that partnership or joint venture is not shown as a Named Insured. However, this provision only applies if you maintain or maintained an interest of at least fifty percent in that partnership or joint venture for the period of that partnership or This provision does not apply to any partnership or joint venture that has been dissolved or otherwise ceased to function for more than thirty-six months. With respect to thei insurance provided by this provision, Newly Formed or Acquired Organizations, the following is added to SECTION IV - COMMERCIAL GENERAL LIABILITY, Paragraph 4. Other Insurance, Subparagraph b. Excess Insurance: The insurance provided by this provision, Newly Formed or Acquired Organizations, is excess over any other insurance available to the insured, whether primary, excess, contingent or on any other basis. (All other provisions of this section remain unchanged) Blanket Additional Insureds - As Required By A. Subject to the Primary and Non-Contributory provision set forth in this endorsement, SECTION II - WHO IS AN INSURED is amended to include as an additional insured: 1. Owners, Lessees or Contrattors/Archtects, Engineers and Surveyors a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in a written contract, written agreement or written permit that such person or organization be added as an additional insured on your commercial general liability  formed the organization.  time off from work.  joint venture.  Contract  with thei following:  policy; and  Copyright, 2021 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.  CG73000622 Page 5of10  INSURED'S COPY    b. Any other person or organization, including any architects, engineers or surveyors not engaged by you, whom you are required to add as an additional insured under your policy in the contract or agreement in Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage". or "personal and advertising injury" caused, in whole or in part, (1) Your acts or omissions; or (2) The acts of omissions of those acting on your behalf; in the performance of your ongoing operations performed for the additional insured in Paragraph a., above. However, this insurance does not apply to: "Bodily injury", "property damage" or personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services by or for you, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and (2) Supervisory, inspection, architectural or Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you in connection with your operations in your capacity as a construction A person or organization's status as an additional insured under this endorsement ends when your operations for the person or organization described in Paragraph a. above Any of the following persons or organizations with whom you have agreed in a written contract, written agreement or written permit that such persons or organizations be added as an additional insured on your commercial general liability policy: a. Lessors of Leased Equipment Any person or organization from whom you lease equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or  With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease b. Managers or Lessors of Premises Any person or organization from whom you lease premises, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by you or those acting on your behalf in connection with the ownership, maintenance or use of that part of the premises leased to you. This insurance does not apply to any "occurrence" which takes place after you cease to be at tenant of that premises. Mortgagees, Assignees or Receivers Any person or organization with respect to their liability as mortgagee, assignee or receiver and arising out of the ownership, maintenance or use of your premises. This insurance does not apply to any occurrence" which takes place after the mortgage is satisfied, or the assignment or d. Any Person or Organization Other Than Any person or organization (other than a joint venture of which you are a member), but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts of omissions of those acting on your behalf in the performance of your ongoing operations or in connection with property owned by you. e. State or Governmental Agency or Political Subdivision Authorizations Any state or govemmental agency or subdivision or political subdivision, but only with respect to: (1) Operations performed by you or on your behalf for which the state or govemnmental agency or subdivision or political subdivision has issued a permit  expires.  Paragraph a, above:  by:  receivership ends. AJoint Venture  specifications; and engineering activities.  contractor.  Permits or  are completed. 2. Other Additional Insureds  ora authorization; or  organization.  Copyright, 2021 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.  CG73000622 Page 6 of10  INSURED'S COPY    (2) The following hazards for which the state or govemmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance (a) The existence, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; (b) The construction, erection or removal ofe elevators; or (c) The ownership, maintenance or use of any elevators covered by this insurance. This insurance does not apply to: "Bodily injury". or "property damage" arising out of operations performed for the federal govemment, state or municipality; or ii. "Bodily injury" or "property damage" included within the products-completed operations hazard".  2. Available under the applicable limits of The insurance provided by this extension shall not increase the applicable limits of insurance. Broad Form Vendors Coverage Subject to the Primary and Non-Contrbutory provision set forth in this endorsement, SECTION Il - WHO IS AN INSURED is amended to include as an additional insured any person or organization (referred to below as vendor) for whom you have agreed in a written contract or written agreement to provide coverage as an additional insured under your policy. Such person or organization is an additional insured only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. However, the insurance afforded the vendor does not a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability ina contract ora agreement; however this exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or b. Any express warranty unauthorized by you; Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the sale of the product; or Products which, after distribution or sale by you, have been labeled or re-labeled or used as a container, part of ingredient of any other thing or substance by or for the vendor; however this insurance does not apply to any insured person or organization, from who you have acquired such products, or any ingredient, part or container, entering into, accompanying or The provisions of this coverage extension do not apply unless the written contract or written agreement has been signed by the Named Insured prior to the injury" or "property damage".  insurance; whichever is less.  applies:  apply to:  agreement;  With respect to Paragraphs 2.b. through 2.d., this insurance does not apply to structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. B. The insurance coverge afforded to the additional insureds in this coverage extension: 1. Does not apply unless the written contract or written agreement has been signed by the Named Insured or written permit issued prior to the "bodily injury" or "properly damage" or "personal and advertising injury"; 2. Only applies to the extent permitted by law; and 3. Will not be broader than that which you. are required by the written contract, written agreement, or written permit to provide to such C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: The most we will pay on insured is the amount of insurance: 1. Required by the written contract, written agreement or written permit you have entered into with the additional insured; or  original container;  additional insured.  containing such products.  behalf  of the additional  "bodily  Copyright, 2021 Selective insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.  CG73000622 Page7of10  INSURED'S COPY    Incidental Malpractice the following:  (2) You have agreed in a written contract, written agreement or written permit that this insurance would be primary and would not seek contribution from any other insurance available to the additional Unintentional Failure To Disclose Hazards The following is added to Paragraph 6. Representations under SECTION MV COMMERCIAL GENERAL LIABILITY CONDITIONS: However, if you should unintentionally fail to disclose any existing hazards in your representations to us at the inception date of the policy, or during the policy period in connection with any additional hazards, we shall not deny coverage under this Coverage Part based upon such failure to disclose hazards. Walver Of Transfer Of Rights Of Recovery The following is added to Paragraph 8. Transfer of Rights Of Recovery Against Others To Us under SECTION MV - COMMERCIAL GENERAL LIABILITY We will waive any right of recovery against a person or organization because of payments we make under this Commercial General Liability Coverage Part. This waiver applies only if thei insured has agreed in a written 1. Waive any right of recovery against that person or 2. Assume the liability of that person or organization pursuant to a written contract or written agreement that qualifies as an "insured contract"; and 3. Include such person or organization as an additional insured on your policy. Such waiver by us applies only to that person or organization identified above, and only to the extent that the insured has waived its right of reçovery against such The following condition is added to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: If we revise this Coverage Part to provide more coverage without additional premium charge, subject to our filed company rules, your policy will automatically provide the additional coverage as of the day the  Subparagraph 2.a.(1)(d) under SECTION II - WHO IS AN INSURED is deleted in its entirety and replaced with (d) Arising out of his or her providing or failing to provide professional health care services. This does not apply to nurses, emergency medical technicians or paramedics if you are not in the business or occupation of providing any such This also does not apply to' "bodily injury" caused by cardio-pulmonary resuscitation or first aid services administered by a Co-'employee". This provision does not apply if you are a Social Service SECTION IV - COMMERCIAL GENERAL LIABILITY Knowledge Of Occurrence, Claim, Suit Orl Loss The following is added to Paragraph 2. Duties in the Event of Occurrence, Offense, Claim or Suit under SECTION IV - COMMERCIAL GENERAL LIABILITY The requirements under this paragraph do not apply until after the occurrence" or offense is known to: 1. You, if you are an individual; 2. A partner, ify you are a partnership; are a corporation;  insured.  professional services.  or Senior Living risk. CONDITIONS - Amendments  CONDITIONS:  CONDITIONS:  contract or written agreement to: organization; or  3. An' "executive officer" or insurance manager, if you Your members, managers or insurance manager, if you are a limited liability company; or 5. Your elected or appointed officials, officers, members, trustees, board members, commission members, agency members, or your administrator or your insurance manager if you are an organization other than a partnership, joint venture, ori limited liability company. Primary and Non-Contributory Provision The following is added to Paragraph 4. Other Insurance, b. Excess insurance under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is primary to and we will not seek contribution from any other insurance available to an additional insured underi this policy provided that: (1) The additional insured is a Named Insured under such otheri insurance; and  person or organization prior to loss.  Liberalization  revision is effective in your state.  Copyright, 2021 Selective insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.  CG73000622 Page8of10  INSURED'S COPY    Two or More Coverage Parts or Policles Issued By (This provision is not Applicable in the state of New' York The following condition is added to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: Itis our intention that the various coverage parts or policies issued to you by us, or any company affiliated with us, do not provide any duplication or overlap of coverage. We have exercised diligence to draft our coverage parts and policies to reflect this intention. However, if the facts and circumstances that will respond to any claim or "suit" give rise to actual or claimed duplication or overlap of coverage between the various coverage parts or policies issued to you by us or any company affiliated with us, the limit of insurance under all such coverage parts or policies combined shall not exceed the highest applicable limit under this coverage, or any one of the other coverage forms or This condition does not apply to any Excess or Umbrella policy issued by us specifically to apply as excess insurance over this coverage part or policy to which this  b. Any act or conduct that results in disparate treatment of, or has disparate impact on, a person, because of that person's race, religion, gender, sexual orientation, age, disability or C. Any act or conduct characterized or interpreted as discrimination by a person based on that person's race, religion, gender, sexual orientation, age, disability or physical Itd does not include acts or conduct characterized or interpreted as sexual intimidation or sexual harassment, or intimidation or harassment based on The following definition is added to SECTION V - "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cell, data processing devices or any other media which are used with electronically controlled equipment. For the purpose of the Electronic Data Liability coverage provided by this endorsement, Definition 17. "Property damage" is deleted in its entirety a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of, loss of use of, damage to, corruption inability to access, or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. All such loss of' "electronic data" shall be deemed to occur at the time of the' occurrence" that caused it. For the purpose of the Electronic Data Liability coverage provided by this endorsement, "electronic data" is not Definition 5. "Employee" under SECTION V "a DEFINITIONS is deleted in its entirety and replaced by 5. "Employee" includes a "leased worker", or a "temporary worker". If you are a School, "Employee" The following definition is added to SECTION V - "Golfing facility" means a golf course, golf club, driving  Us orv Wisconsin).  physical impairment; or  impairment. aj person's gender. Electronic Data DEFINITIONS:  policies.  coverage part is attached. SECTION' V. -I DEFINITIONS Discrimination  and replaced by the following: 17. "Property damage" means:  (This provision does not apply in New York). A. The following is added to Definition 14. "Personal and advertising injury": "Personal and advertising injury" also means "discrimination" that results in injury to the feelings or reputation of a natural person, however only if such' "discrimination" or humiliation is: 1. Not done by or at the direction of: a. The insured; orb. Anyone considered an insured under SECTION II = WHO IS AN 2. Not done intentionally to cause harm to another 3. Not directly or indirectly related to the employment, prospective employment or termination of employment of any person or 4. Not arising out of any "advertisement" by the B. The following definition is added to SECTION V - a. - Any act or conduct that would be considered discrimination under any applicable federal, state, or local statute, ordinance or law;  of,  INSURED; person.  tangible property. Employee Amendment thet following:  persons by anyi insured. insured. DEFINITIONS: "Discrimination" means:  also includes a student teacher.  Golfing Facility DEFINITIONS:  range, or miniature golf course.  Copyright, 2021 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.  CG73000622 Page9of10  INSURED'S COPY    Mental Anguish Amendment (This provision does not applyi in New York). Definition 3. "Bodily injury" under SECTION V DEFINITIONS is deleted in its entirety and replaced with 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. This includes mental anguish resulting from any bodily injury, sickness or disease sustained by a person. (In New York, mental anguish has been determined  Not-for-profit Member DEFINITIONS: compensation.  The following definition is added to SECTION V - "Not-for-profit member" means a person who is a member of a not-for-profit organization, including clubs and churches, who receives no financial or other  the following:  tol be "bodily injury").  Copyright, 2021 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.  CG73000622 Page 10of10  INSURED'S COPY    Contracting, Installation, Service and Repair General Liability Extended ElitePace Endorsement  COMMERCIAL GENERAL LIABILITY  CG79880622  THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.  This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART  With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by  the endorsement.  A. BLANKET ADDITIONAL INSUREDS 1. Ongoing Operations  2. Completed Operations SECTION II - WHO IS AN INSURED is amended toi include as an additional insured: a. Any person or organization for whom you are performing or have performed operations when you and such person or organization have agreed in a written contract, written agreement or written permit that such person or organization be added as an additional insured on your commercial general liability policy; and b. Any other person or organization, including any architects, engineers or surveyors not engaged by you, whom you are required to add as an additional insured under your policy in the contract or agreement in Paragraph 1. above; Such person or organization is an additional insured only with respect to their liability arising out of "your work" performed under that contract, agreement, or permit and included in the produciscompleted operations hazard" when that contract, agreement, or permit requires the additional insured be added with respect to liability arising out of "your work" performed under that contract, agreement, or permit and included in the productscompleted operations Ifthe written contract, written agreement, or written permit does not require that the additional insured be added with respect to liability arising out of "your work" performed under that contract, agreement, or permit and included in the productscompleted operations hazard", then such organization is an additional insured respect to liability for "bodily injury", only damage" or "personal and advertising injury" caused, in whole or in part, by "your work" performed under that contract, agreement, or permit and included in the productscompleted operations  SECTION II - WHO IS AN INSURED is amended toi include as an additional insured: a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in a written contract, written agreement or written permit that such person or organization be added as an additional insured on your commercial general liability b. Any other person or organization, including any architects, engineers or surveyors not engaged by you, whom you are required to add as an additional insured under your policy in the contract or agreement in Such person or organization is an additional insured only with respect to liability arising out of your ongoing operations performed under that contract, agreement, or permit when that contract, agreement, or permit requires the additional insured be added with respect to liability arising out of your ongoing operations. If_the written contract, written agreement, or written permit does not require that the additional insured be added with respect to liability arising out of your ongoing operations, then such person or organization is an additional insured only with respect to "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by your ongoing operations performed under that contract, agreement, or permit.  9  policy; and  Paragraph 1. above;  hazard".  person or with "property  hazard".  Copyright, 2021 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.  CG79880622 Page 1of4  INSURED'S COPY    3. The insurance afforded to the additional insureds in a. Does not apply unless the written contract or written agreement has been signed by the Named Insured or written permit issued prior to the "bodily injury", "property damage" or "personal and advertising injury"; b. Only applies to the extent permitted by law; and Will not be broader than that which you are required by the written contract, written agreement, or written permit to provide to such a. With respect to the insurance afforded to additional insureds under a. Ongoing Operations the following is added to 2. Exclusions under SECTIONI- COVERAGE A 1 BODILY INJURY AND PROPERTY This insurance does not apply to "bodily injury", "property damage", or "personal and advertising (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the b. - With respect to the insurance afforded to these additional insureds under a. Ongoing Operations and b. Completed Operations, the following is added to 2. Exclusions under SECTION I - COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE This insurance does not apply to: "Bodily injury", "property damage", or "personal and advertising injury" arising out of the rendering of, or the failure to render, any  professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and (2) Supervisory, inspection, architectural or With respect to the insurance afforded to these additional insureds under a. Ongoing Operations and b. Completed Operations the following is added to Paragraph 4. Other Insurance, a. Primary Insurance under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under this policy provided that: a. The additional insured is a Named Insured under such other insurance; and b. You have agreed in a written contract, written agreement or written permit that this insurance would be primary and would not seek contribution from any other insurance available tothe additional insured. 6. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: agreement or written permit you have entered into with the additional insured; or b. Available under the applicable limits of The insurance provided by this provision shall not increase the applicable limits ofi insurance.  Paragraphs 1. and 2. above:  specifications; or engineering activities.  5. Conditions  additional insured. 4. Exclusions  DAMAGE LIABILITY: injury" occurring after:  completed; or  a. Required  the written contract, written  by  same project.  insurance; whichever is less.  LIABILITY:  Copyright, 2021 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.  CG79880622 Page 2of4  INSURED'S COPY    B. PROPERTY DAMAGE CARE, CUSTODY OR 1. The following is added to Exclusion j. under SECTION 1 COVERAGE Al BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Paragraphs (4) and (5) of this exclusion do not apply for the limited purpose of providing the coverage and sublimits of liability as set forth We will pay those sums that the insured becomes legally obligated to pay as damages because of' "property damage" to: (a) Personal property, including keys, in the care, custody or control of an insured; and (b) That particular part ofr real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out oft those operations. The most we will pay under a. and b. above in any one occurrence" or for all damages during any one policy period is a sub-limit of $100,000. These limits are included in and not in addition to the Limits of Insurance shown in the Declarations of the Commercial General Our right and duty to defend the insured against any "suit" for damages under a. and b. above ends when we have used up the applicable sub-limit of liability in the payment of judgments 2. With respect this provision only, the following is added to Definition 17. under SECTION V - "Property damage" also includes adjustment of locks to fit new keys or the cost of new locks, including their installation, when replacing keys covered in Paragraph 1.(a) above provided that such "property damage" is not a result of any dishonest act on the part of any insured, or the insured's employees or agents, whether acting alone  C. OTHER INSURANCE AMENDMENT SUPPLEMENTAL COVERAGE FOR INSURED'S INVOLVEMENT IN A CONTROLLED (WRAPUP) INSURANCE PROGRAM 1. The following is added to SECTION IV = COMMERCIAL CONDITIONS, Paragraph 4. Other Insurance b. Excess Insurance (1)(a): (V) That is covered by a "controlled (wrap-up) insurance program" in which you are enrolled for your ongoing operations or operations included within the products-completed operations hazard", unless such "controlled (wrap-up) insurance program" is specifically excluded from coverage on this policy. 2. The following is added to SECTION V = DEFINITIONS: "Controlled (wrap-up) insurance program" means a centralized insurance program under which one party has seçured either insurance or self-insurance covering some or all of the contractors or subcontractors performing work on one or more specific project(s). D. FELLOW EMPLOYEE EXTENSION Under SECTION II - WHO IS AN INSURED Paragraphs 2.a. and 2.a. (1) are replaced by the a. Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you. are an organization other than a partnership, joint venture, or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for "bodily injury" or "personal and advertising injury" arising out of his or her providing or failing to provide professional health care services. With respect to this provision only, Subparagraph (1)of Exclusion 2. e. Employer's Liability under SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY does not  CONTROL  GENERAL  LIABILITY  below.  Liability Policy.  following:  ors settlements under it. DEFINITIONS:  ori in collusion.  apply.  Copyright, 2021 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.  CG79880622 Page 3of4  INSURED'S COPY    E. CONTRACTUAL LIABILITY (RAILROADS) Definition 9. under SECTION V DEFINITIONS isa amended as follows: 1. Paragraph C. is deleted in its entirety and replaced by the following: C. Any easement or license agreement; 2. Paragraph f.(1) is deleted in its entirety. F. CONTRACTUAL LIABILITY AMENDMENT - (PERSONAL AND ADVERTISING INJURY) Ifitis required in a written contract, written agreement or written permit with the insured that any contractual liability exclusion for personal injury be removed from the policy, then Exclusion e. Contractual Liability under COVERAGE B PERSONAL AND ADVERTISING INJURY, 2. Exclusions is deleted in its entirety and replaced by "Personal and advertising Injury" for which the insured has assumed liability in a contract or agreement arising out of an "advertisement". This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement".  G. WAIVER OF GOVERNMENTAL IMMUNITY We will waive, both in the adjustment of claims and int the defense of "suits" against the insured, any governmental immunity of the insured, unless the insured requests in writing that we not do so. Waiver of immunity as a defense will not subject us to liability for any portion of a claim or judgment in excess of the applicable limit of insurance. H. DAMAGE TO PREMISES RENTED TO YOU The Limit of Insurance for Damage To Premises Rented To You isi increased to $1,000,000.  thet following: e. Contractual Liability  Copyright, 2021 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.  CG79880622 Page 4of4  INSURED'S COPY    DESIGNATED LOCATION(S) GENERAL AGGREGATE LIMIT  POLICY NUMBER:S 2409345  COMMERCIAL GENERAL LIABILITY  CG25040509  THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.  This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART  SCHEDULE  Designated Location(s):  SUBJECT TO THE TERMS AND CONDITIONS OF THIS POLICY, EACH DESIGNATED LOCATION LISTED ON THE SCHEDULE OF LOCATIONS SHOWN ON THE DECLARATION PAGE FOR THIS POLICY.  Information required to complete this Schedule, if not shown above, will be shown in the Declarations.  A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I - Coverage A, and for all medical expenses caused by accidents under Section I - Coverage C, which can be attributed only to operations at a single designated "location" 1. A separate Designated Location General Aggregate Limit applies to each designated "location", and that limit is equal to the amount of the General Aggregate Limit shown in the 2. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the Products-completed operations hazard", and for medical expenses under Coverage C regardless of the number of: b. Claims made or' "suits" brought; or Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Location General Aggregate Limit for that designated "location". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggregate Limit for any other designated "location" shown in the Copyright, Insurance Services Office, Inc., 2008  4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Location General B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I - Coverage A, and for all medical expenses caused by accidents under Section I = Coverage C, which cannot be attributed only to operations at a single designated "location" 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Location General. Aggregate Limit. C. When coverage for liability arising out of the products-completed operations hazard" is provided, any payments for damages because of "bodily injury' or "property damage" included in the products-completed operations hazard" will reduce the Products-completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Location General Aggregate  shown in the Schedule above:  Aggregate Limit.  Declarations.  shown in the Schedule above:  a. Insureds;  Limit.  Schedule above.  CG25040509 Page 1of2  INSURED'S COPY    D. For the purposes of this endorsement, the Definitions Section is amended by the addition of "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or E. The provisions of SECTION II - Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated.  the following definition:  right-of-way of a railroad.  Copyright, Insurance Services Office, Inc., 2008  CG25040509 Page 2of2  INSURED'S COPY    DESIGNATED CONSTRUCTION PROJECT(S)  GENERAL AGGREGATE LIMIT  POLICY NUMBER:S 2409345  COMMERCIAL GENERAL LIABILITY  CG25030509  THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.  This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART  SCHEDULE  Designated Construction Project(s): PROVIDED UNDER THIS POLICY.  ALL CONSTRUCTION PROJECTS OF YOURS AND LOCATIONS AT WHICH YOU ARE PERFORMING SERVICE WORK FOR WHICH COVERAGE IS  Information required to complete this Schedule, if not shown above, will be shown in the Declarations.  A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I - Coverage A, and for all medical expenses caused by accidents under Section I = Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the products-completed operations hazard", and for medical expenses under Coverage C regardless of the number of: a. Insureds; . Claims made or "suits" brought; or Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any ofher Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above.  4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I = Coverage A, and for all medical expenses caused by accidents under Section I Coverage C, which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the Products-completed operations hazard" will reduce the Products-completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General  General Aggregate Limit.  Aggregate Limit.  Copyright, insurance Services Office, Inc., 2008  CG25030509 Page1of2  INSURED'S COPY    D. Ifthe applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to bet the same construction project. E. The provisions of SECTION HI = Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated.  Copyright, Insurance Services Office, Inc., 2008  CG25030509 Page 2of2  INSURED'S COPY    ElitePace  Commercial Automobile Extension  COMMERCIAL AUTO CA7809NC1117  THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. With respect to coverage provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless  This endorsement modifies insurance provided under thet following:  BUSINESS AUTO COVERAGE FORM modified by the endorsement. COVERAGE  AMENDMENTS TO SECTION II - LIABILITY A. - If this policy provides Auto Liability coverage for Owned Autos, the following extensions are NEWLY ACQUIRED OR FORMED The following is added to SECTION 1, A.1. Who Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no similar insurance available to that 1. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, 2. Coverage does not apply to "bodily injury" or "property damage" resulting from an "accident" that occurred before you acquired or formed the No person or organization is an "insured" with respect to the conduct of any, current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the EXPENSES FOR BAIL BONDS AND LOSS OF Paragraphs (2) and (4) of SECTION H, A.2.a. - Supplementary, Payments are deleted in their entirety (2) Up to the Limit of Insurance shown on the ElitePac Schedule for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" covered under this policy. We do not (4) All reasonable expenses incurred by the' "insured" at our request. This includes actual loss of eamings because of time off from work, which we will pay up to the Limit of Insurance shown on the ElitePac  EMPLOYEE INDEMNIFICATION AND EMPLOYER'S The following is added to SECTION l, B.4. - This exclusion does not apply to a "volunteer worker" who is not entitled to workers compensation, disability or unemployment compensation benefits. FELLOW EMPLOYEE COVERAGE The Fellow Employee Exclusion, SECTION II, B.5.- is deleted in its entirety. CARE, CUSTODY OR CONTROL AMENDMENT The following is added to SECTION I, B.6. - Exclusions: This exclusion does not apply to property owned by anyone other than an "insured", subject to the following: 1. The most we will pay. under this exception for any one accident" is the Limit of Insurance stated in the ElitePac Schedule; and 2. AI per 'accident" deductible as stated in the ElitePac Schedule applies toi this exception. B. If this policy provides Auto Liability coverage for Owned Autos or Non-Owned Autos, the following extension is applicable accordingly: LIMITED LIABILITY COMPANIES The following is added to SECTION II, A.1. - Who Is An Insured: Ifyou are a limited liability company, your members and managers are 'insureds" while using a covered "auto" you don't own, hire or borrow during the BLANKET ADDITIONAL INSUREDS - As The following is added to SECTION ll, A.1. - Who  LIABILITY. AMENDMENT Exclusions  applicable accordingly: ORGANIZATIONS Is An Insured:  organization. However:  whichever is earlier; organization.  Declarations. EARNINGS  course oft their duties for you. Required By Contract Is An Insured:  andi replaced with the following:  have to furnish these bonds.  Schedule.  Copyright, 2017 Selective Insurance Company of America. All rights reserved. includes copyrighted material of insurance Services Office, Inc., with its permission.  CA78 09NC 11 17 Page 1of5  INSURED'S COPY    Any person or organization whom you have agreed ina written contract, written agreement or written permit that such person or organization be added as an additional "insured" on your policy. Such person or organization is an additional "insured" only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by your ownership, maintenance or use of a covered "auto". This coverage shall be primary and non-contributory with respect to the additional "insured". This 1.Itis required in the written contract, written agreement or written permit identified in this 3. The written contract or written agreement has been executed (executed means signed by a named insured) or written permit issued prior to the bodily injury" or' "property damage". C.If_this policy provides Auto Liability coverage for Non-Owned Autos, the following extension is applicable accordingly: EMPLOYEES AS INSUREDS If_this policy provides Auto Liability coverage for Non-Owned Autos, the following is added to SECTION Il, A.1.-Who Is An Insured: Any "employee" of yours is an "insured" while using ao covered "auto" you don't own, hire or borrow in your business or your personal affairs. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name with your permission, while performing duties related to the AMENDMENTS TO SECTION III - PHYSICAL Ifthis policy provides Comprehensive, Specified Causes of Loss or Collision coverage, the following extensions are applicable for those "autos" for which Comprehensive, Specified Causes of Loss or Collision SECTION Il, A.2. Towing is deleted in its entirety and We will pay all reasonable towing and labor costs up to the maximum Limit of Insurance shown on the ElitePac Schedule per tow each time a covered Private Passenger Auto, "Social Service Van or Bus" or "Light Truck" is disabled and up to the maximum Limit of Insurance per tow each time a covered "Medium Truck", "Heavy Truck" or "Extra Heavy Truck" is disabled.  For labor charges to be eligible for reimbursement the labor must be performed at the place of disablement. This coverage extension does not apply to Emergency Services Organizations and Governmental Entities. GLASS BREAKAGE DEDUCTIBLE The following is added to SECTION Ill, A.3. - Glass Breakage Hitting A Bird Or Animal Falling Objects Ifd damaged glass is repaired rather than replaced, no deductible will apply for such repair. This extension does not apply to Emergency Services Organizations and ADDITIONAL TRANSPORTATION EXPENSES SECTION III, A.4.a. - Transportation Expenses is deleted in its entirety and replaced with the following: We will pay up to the maximum Limit of Insurance shown on the ElitePac Schedule for temporary transportation expenses that you incur because of any "loss" to a covered "auto", but only if the covered "auto" carries the coverages and meets the requirements 1. We will pay temporary transportation expenses for total theft of a covered "auto". We will only pay for such expenses incurred during the period beginning 24 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is retumed to use or we pay fori its' "loss". 2. For "loss" other than total theft of a covered "auto" under Comprehensive or Specified Causes of Loss Coverage, or for any "loss" under Collision Coverage to a covered "auto", we will only pay for those temporary transportation expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the number of days reasonably required to repair or replace the covered Paragraph 2. of this extension does not apply while there are spare or reserve "autos" available to you This coverage extension does not apply to Emergency Services Organizations and Governmental Entities.  or Missiles:  provision only applies if: section; 2. Itisp permitted by law; and  Governmental Entities.  described in 1. or 2. below:  conduct of your business. DAMAGE COVERAGE  "auto" or 30 days. fory your operations.  coverage is purchased: TOWING AND LABOR replaced with thet following:  Copyright, 2017 Selective insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.  CA78 09NC 1117 Page 2of5  INSURED'S COPY    HIRED AUTO PHYSICAL DAMAGE COVERAGE The following is added to SECTION IlI, A.4.  Coverage Physical Damage coverage is hereby extended to apply to Physical Damage "loss" to "autos" leased, hired, rented or borrowed without a driver. We will provide coverage equal to the broadest coverage available to any covered "auto" shown in the Declarations. But, the most we will pay for "loss" to each "auto" under this 1. The Limit of iInsurance stated in the ElitePac 2. The actual cash value of the damaged or stolen property as oft the time oft the' "loss";or 3. The actual cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. A part is of like kind and quality when it is of equal or better condition than the pre-accident part. We will use the original equipment from the manufacturer when: (a) The operational safety of the vehicle might otherwise bei impaired; (b) Reasonable and diligent efforts to locate the appropriate rebuilt, aftermarket or used part have been unsuccessful; or (c) A new original equipment part like kind and quality is available and will result in the lowest overall repair cost. For each leased, hired, rented or borrowed "auto" our obligation to pay "losses"willl be reduced by a deductible equal to the highest deductible applicable to any owned "auto" for that coverage. No deductible will be applied to SECTION IV, B. 5. Other Insurance Condition, Paragraph 5.b. is deleted in its entirety and replaced by For Hired Auto Physical Damage Coverage, the following are deemed to be covered' "autos" you own: 1. Any covered "auto" you lease, hire, rent, or borrow; 2. Any covered "auto" hired or rented by your "employee" under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". This coverage extension does not apply to Emergency Services Organizations and Governmental Entities.  HIRED AUTO LOSS OF USE COVERAGE The following is added to SECTION III, A.4. Coverage We will pay expenses for which you are legally responsible to pay up to the Limit of insurance shownon the ElitePac Schedule per 'accident" for loss of use of a leased, hired, rented or borrowed "auto"if it results from This coverage extension does not apply to Emergency Services Organizations, Govermental Entities, and AUTO LOAN/LEASE GAP COVERAGE (Not Available The following is added to SECTION Ill, A.4.-Coverage In the event of a total "loss" to a covered "auto" we will pay any. unpaid amount due on the lease or loan for a 1. The amount paid under the Physical Damage Coverage Section of the policy; and a. Overdue leaselloan payments at the time of b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear, high Security deposits not refunded by the lessor or d. Costs for extended warranties, credit life, health, accident, or disability insurance purchased with e. Carry-over balances from previous leases or You are responsible for the deductible applicable to the The following is added to SECTION III, A.4. Coverage If_this policy provides Comprehensive Coverage for a covered "auto" you own and that covered "auto" is stolen, we will pay up to the Limit of Insurance shownon the ElitePac Schedule, without application of a deductible, for lost personal effects that were in the covered "auto" at the time of theft. Personal effects do not include jewelry, tools, money, securities or valuable papers. This coverage is excess over any other The following is added to SECTION H, B.3.a. - Mechanical breakdown does not include the accidental This coverage extension does not apply to Emergency Services Organizations and Governmental Entities.  Extensions:  Extensions:  an "accident". Schools. in New York) Extensions: covered "auto", less: 2. Any:  coverage extension is the lesser of: Schedule; or  "loss";  of  mileage or similar charges; financial institution; the loan or lease; and loans. "loss" for the covered' "auto". PERSONAL EFFECTS Extensions:  "losses" caused byf fire orl lightning.  the following:  and  business.  collectible insurance. AIRBAG COVERAGE Exclusions: discharge of an airbag.  Copyright, 2017 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.  CA 78 09NC 1117 Page 3of5  INSURED'S COPY    EXPANDED AUDIO, VISUAL, AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III, B.4. - Exclusions This exclusion does not apply to the following: 1. Global positioning systems; 2. Telematic devices"; or  The following is added to SECTION IV, A.2.a. Duties In7 The Event Of Accident, Claim, Suit Or Loss: The notice requirements for reporting "accident" claim, "suit" or "loss" information to us, including provisions related to the subsequent investigation of such 'accident", claim, "suit" or "loss" do not apply until the l"accident", claim, "suit" or' "loss" is known to: 1. You, ifyou are an individual; 2. Ap partner, ifyou are a partnership; 3. An executive officer or insurance are a corporation; you are al  3. Electronic equipment that reproduces, receives or transmits visual or data signals and accessories used with such equipment, provided such equipment a. Permanently installed in or upon the covered "auto" ati the time oft the' "loss"; b. Removable from a housing unit that is permanently installed in the covered "auto" at the time of the' "loss"; Designed to be solely operated by use of power from the' "auto's" electrical system; or d. Designed to be used solely in or upon the covered' "auto". For each covered "loss" to such equipment, a deductible of $50 shall apply, unless the deductible otherwise applicable to such equipment is less than $50, at which point the lower deductible, ifany, will apply. COMPREHENSIVE DEDUCTIBLE TRACKING DEVICE  if manager, you  is:  4. Your members, managers or insurance manager, if 5. Your elected or appointed officials, trustees, board members or your insurance manager, if you are an organization other than a partnership, joint venture orl limited liability company. But, this section does not amend the provisions relating to notification of police or protection or examination of the property that was subject to the "loss". WAIVER OF SUBROGATION SECTION IV, A.5. - Transfer Of Rights Of Recovery Against Others To Us is deleted in its entirety and replaced with the following: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury" or "property damage" resulting from the ownership, maintenance or use of a covered "auto" but only when you have assumed liability for such "bodily injury" or "property damage" in an "insured contract". In all other circumstances, if a person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. MULTIPLE DEDUCTIBLES The following is added to SECTION IV, A. * Loss Conditions: Ifa "loss" from one event involves two or more covered "autos" and coverage under Comprehensive or Specified Causes of Loss applies, only the highest applicable deductible will be applied. CONCEALMENT, MISREPRESENTATION OR FRAUD The following is added to SECTION IV, B.2. - Concealment, Misrepresentation Or Fraud: Ify you should unintentionally fail to disclose any existing hazards in your representations to us prior to the inception date of the policy or during the connection with any newly discovered hazards, we will not deny coverage under this Coverage Form based  limited  liability company;  LOCATION  The following is added to SECTION Hl, D.-[ Deductible: Any Comprehensive Coverage Deductible shown in the Declarations will be reduced by 50% for any "loss" caused by theft if the covered "auto" is equipped with a location tracking device and that device was the sole method used to recover the' "auto". PHYSICAL DAMAGE LIMIT OF INSURANCE SECTION II, C. - Limit Of Insurance is deleted in its entirety and replaced with thei following: The most we will pay for a' "loss" in any one' "accident" is 1. The actual cash value of the damaged or stolen property as of the time of the' "loss"; or 2. The cost of repairing or replacing the damaged or stolen property with other property of like kind and This coverage extension does not apply to Emergency Services Organizations and Governmental Entities. AMENDMENTS TO SECTION IV * BUSINESS AUTO IN THE EVENT OF ACCIDENT, CLAIM, SUIT  the lesser of:  quality.  CONDITIONS DUTIES ORLOSS  period in policy  upon such failure.  Copyright, 2017 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.  CA 78 09NC 1117 Page 4 of5  INSURED'S COPY    POLICY PERIOD, COVERAGE TERRITORY SECTION IV, B.7. - Policy Period, Coverage Territory isc deletedi in its entirety and replaced with the following: Under this Coverage Form, we cover "accidents" and a. During the policy period shown in the Declarations; We also cover "loss" to or "accidents" involving a covered "auto" while being transported between any of TWO OR MORE COVERAGE FORMS OR POLICIES The following is added to SECTION IV, B.8. - Two Or More Coverage Forms Or Policies Issued By Us: Ifa "loss" covered under this Coverage Form also involves a "loss" to other property resulting from the same "accident" that is covered under this policy or another policy issued by us or any member company of ours, only the highest applicable deductible will be AMENDMENTS TO SECTION V- DEFINITIONS BODILY INJURY INCLUDING MENTAL ANGUISH (Not Applicable in New York) The definition of bodily injury is deleted in its entirety and replaced byt the following: "Bodily injury" means bodily injury, sickness, or disease sustained by a person, including death resulting from any of these. "Bodily injury" includes mental anguish resulting from bodily injury, sickness or disease sustained by a person. ADDITIONS TO SECTION V-I DEFINITIONS COVERAGE TERRITORY "Coverage Territory" means; Rico; and  Ifwe are prevented by law, or otherwise, from defending the' "insured" in a' "suit" brought in al location described in Paragraph 2. above, the insured will conduct a defense of that "suit". We will reimburse the "insured" for the reasonable and necessary expenses incurred for the defense of any such "suit" seeking damages to which this insurance applies, and that we would have paid had we been able to exercise our right and duty to defend. EXTRA HEAVYTRUCK "Extra Heavy Truck" means a truck with a gross vehicle weight rating of 45,001 pounds or more. HEAVY TRUCK "Heavy Truck" means a truck with a gross vehicle weight rating of 20,001 pounds to 45,000 pounds. LIGHT TRUCK "Light Truck" means a truck with a gross vehicle weight rating of 10,000 pounds or less. MEDIUM TRUCK "Medium Truck" means a truck with a gross vehicle weight rating of 10,001 pounds to 20,000 pounds. SOCIAL SERVICE VAN OR BUS "Social Service Van or Bus" means a van or bus used by a govemment entity, civic, charitable or social service organization to provide transportation to clients incidental to the social services sponsored by the organization, including special trips and outings. Telematic Device" includes devices designed for the collection and dissemination of data for the purpose of monitoring vehicle and/or driver performance. This includes Global Positioning System technology, wireless safety communications and automatic driving assistance systems, all integrated with computers and mobile communications technology in automotive navigation Volunteer worker" means a person who performs business duties for you, for no financial or other  "losses" occurring: and  b. Within the "Coverage Territory".  these places.  ISSUED BYUS-DEDUCTIBLES  applied.  TELEMATIC DEVICE  systems. VOLUNTEER WORKER compensation.  1. The United States of America (including its territories and possessions), Canada and Puerto 2. Anywhere in the worid, except for any country or jurisdiction that is subject to trade or other economic sanction or embargo by the United States of America, ifa covered "auto" is leased, hired, rented, or borrowed without a driver for a period of 30 days or less, and the insured's responsibility to pay "damages" is determined in a "suit" on the merits in and under the substantive law of the United States of America (including its territories and possessions), Puerto Rico, or Canada, or in a  settement we agree to.  Copyright, 2017 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.  CA 78 09NC 1117 Page 5of 5  INSURED'S COPY    Post Office Box 150005  WORKERS COMPENSATION & EMPLOYERS LIABILITY PWC 1017090 01 03/10/2024 03/10/2025  BUILDERS Raleigh, North Carolina 27624-0005 MUTUAL (800) 809-4859  insurance Policy Policy Number  From Policy Period To 12:01'A.M. Standard" Times atthed describedk location Customer #: Agent  Builders Premier Insurance Company Builders Mutual insurance Company  ENEWAL DECLARATION 1.Named insuredi and Address MOFFAT PIPE INC 701 FINGER LAKES DR WAKE FOREST NC 27587 NCCI Carrier # 63792  JONES INSURANCE AGENCY INC 820 BENSON RD GARNER, NC 27529 Telephone: 919-772-0233 Entity ofl Insured CORPORATION  0000250  FEIN# 562183333  Risk ID# 6120783  Other workplaces not shown above: See Site Location Schedule  2. The Policy Period is from 03/10/2024 to 03/10/2025 12:01 a.m. Standard Time at the Insured's mailing address. 3.A. Workers Compensation Insurance: Part One of the policy applies to the Workers Compensation Law of the states B. Employers Liability Insurance: Part Two of the policy applies to work in each state listed in Item 3A.  listed here: North Carolina  The limits of our liability under Part Two are:  Bodily Injury by Accident $ Bodily Injury by Disease $ Bodily Injury by Disease $  1,000,000 each accident 1,000,000 policy limit 1,000,000 each employee  C. Other States Insurance: Part Three of the policy applies to the states, ifa any, listed here: SC, VA, TN, MD, MS, DC except state(s) listed in Item 3.A. above. D. This policy includes these endorsements and schedules: See attached schedule. All information required below is subject to verification and change by audit.  4.The premium for this policy will be determined by our Manuals of Rules, Classifications, Rates, and Rating Plans.  SEE CLASSIFICATIONS OF OPERATIONS EXTENSION OF INFORMATION PAGE FAILURE TO PAY ANY PAST OR CURRENT PREMIUMS DUE WILL RESULT  IN THE RESCISSION OF THIS OFFER OF COVERAGE.  Minimum Premium $  872  Total Estimated Annual Premium $  65,259 210 7,220  Expense Constant $ Premium Discount $  Premium Adjustment Period:  Annual; Semiannual; D Quarterly; D Monthly  Countersigned this Issued Date: 02/08/2024 WC000001A0721  Day of  elf Authorized Representative  Issuing Office BUILDERS PREMIER INSURANCE CO.  INSURED COPY  Page 1of4    WORKERS COMPENSATION! & EMPLOYERS LIABILITY Policy Number: PWC 1017090 01 Named Insured: MOFFAT PIPE INC Agent: JONES INSURANCE AGENCY INC  BUILDERS PREMIER INSURANCE CO.  Post Office Box 150005 Raleigh, North Carolina 27624-0005  0000250  EXTENSION OF INFORMATION PAGE ENDORSEMENT SCHEDULE -I ITEM 3.D. POLICY PAGE ENDORSEMENT NOTE OF CHG IN OWNERSHIP END DESIGNATED WORKPLACES EXCL END PARTNEROFFICENOTR EXCI END WAIVER OF SUBROGATION EXP RATING MOD FACTOR END PENDING RATE CHG ENDORSEMENT PREMIUM DISCOUNT ENDORSEMENT PREMIUM DUE DATE ENDORSEMENT DOM TERR, EQUAKE, IND ACCEND TRIPRA DISCLOSURE ENDT AUDIT NON-COMPLIANCE CHARGE EN EXP RATING MOD FACTORI END NC AMENDED COVERAGE ENDORSE CANCELLATION AND NONRENEWAL NCI NON-INS GOODS OR SRVI ENDORS  State Form Nbr. Ed. Date US WC000000C (1/15) US WC000414A (1/19) NC WC000302 (4/84) NC WC000308 (4/84) NC WC000313 (4/84) NC WC000403 (4/84) NC WC000404 (4/84) NC WC000406A (7/95) NC WC000419 (1/01) NC WC000421F (8/22) NC WC000422C (1/21) NC WC000424 (1/17) NC WC000425 (1/17) NC WC320301D (7/18) WC320601B (11/19) NC WC320603 (7/18)  Description  Issued Date: 02/08/2024 WC000001A0721  INSURED COPY  Page 4 of 4    WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY  WC 000313 (Ed. 4-84)  WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT  We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.  agreement from us.)  Schedule  ANY PERSON OR ORGANIZATION AS REQUIRED BY WRITTEN CONTRACT  This endorsement changes the policy to which itis attached: and is effective ont the date issued unless otherwise: stated. (The information below is required only when this endorsement isi issued subsequent top preparation oft the policy-)  Endorsement Effective Insured Insurance Company WC 00031 13 (Ed. 4-84)  Policy No.  Endorsement No. Premium $  Countersigned by.  Copyright 1983 National Council on Compensation Insurance.    Vendor Application  PURCHASING DIVISION LEE COUNTY PO Box 1968 Sanford, NC2 27330 Phone: (919)-718-4600 Fax: (919)-718-4631 ForFinance Vendorn UseOnly Date 03/20/2024 PAYA ADDRESS  Please fill outt thisf form ands sendt by e-mail to atemainelesoumynegpvor faxt to (919) 718-4631. Your business will be added to our new vendor list.  Please Type or Print Legibly FederalID# 56-2183333 Vendor Name  SS# N/A  Moffat Pipe, Inc. ORDER ADDRESS  Street 701 Finger Lakes Drive Street City Wake Forest State NC CONTACT PERSON Nadege Anord CONTACT PERSON E-MAIL ADDRESS accountspayable@.otatpipe.com CONTRACTOR'S LICENSE #( (ifa applicable)  Street 701 Finger Lakes Drive POBox City Wake Forest State NC  Zip Code  ZipCode 27587  27587 TELEPHONE NUMBER 919.295.4630 TERMS Net30  FAX NUMBER 919.295.4631 DISCOUNT N/A  SIGNATURE  54906  Odinanas  This firm certifies thati iti isa:(ifa applicable)  Disabled  Minority Business Enterprise  X Women Business Enterprise  Toqualifyf for MWBE: status, 51% oft the company must bec owned ando controlled byr minority groups orv women. Fort thep purpose oft thisc definition, minority groupr members are Black Americans, Hispanic Americans, American! Indians and/or American' Women. Toqualifyf for Disabled: status,  51% oft thec company must bec owned and controlled by disabled persons.  Product(s) and/or Service(s)  Please list the type product(s) and/or Service(s) that your company can provide.  Underground Utilities Construction  1    Request for Taxpayer  Form W-9 (Rev. March2 2024) Deparimento ofthel Treasury intemal Revenue Service  Give form to the requester. Do not send tot the IRS.  Identification Number and Certification Got to www.ir.gowlFommws: for instructions and the latesti information.  Before you begin. For guidance related tot the purpose ofF Form W-9, see Purpose of Form, below.  Name ofe entity/individual. Ane entryi isr required. (Foras soley proprietor orc disregarded entity, enter the owner's name on! line 1, ande entert thet business/disvegarded  entity's name onli line2.) Moffat Pipe, Inc.  2 Business name/disregarded entityr name, ifdifferent from above. only one oft thef following seven boxes. Individual/sole proprietor boxf fort thet tax classification ofi its owner. Other (seei instructions)  3a Check thes appropriate! box forf federalt taxo classification oft the entity/individual whose namei is entered onli line1 1.0 Check 4 Exemptions (codes applys onlyt to  certain entities, noti individuals; seei instructions onp page: 3): Exempt payee code (fa any) N/A Compliance Act (FATCA) reporting code (fany) (Appliest to accounts maintained outside the United States.)  Ccorporation  Scorporation  Partnership  Trust/estate  LLC. Entert thet tax classification (C- Co corporation, S= S corporation, P=F Partnership) Note: Check the" "LLC" box above and, int thes entrys space, entert thes appropriate code (C, S, orF P)f for thet tax 3b Ifoni lines 3ay youd checked" "Partnership" or" Trust/estate," ord checked' "LLC" ande entered" "P" asi itst tax classification, and you are providing this form to a partnership, trust, or estate in which) you have and ownership interest, check  classification oft the LLC, unless itis a disregarded entity. A disregarded entity shouldi instead check thes appropriate Exemption from Foreign Accountl Tax.  N/A  this box ifyouh have anyf foreigng partners, owners, orb beneficiaries. Seei instructions 5 Address (number, street, anda apt. ors suiter no.). Seei instructions.  Requester'sr name ande address (optional)  701 Finger Lakes Drive 6 City, state, andz ZIP code Wake Forest, NC 27587 7 List accountr numberts) here (optional) Part! Taxpayer Identification Number (TIN)  Social security number Employer identification number 5 6 2 1 8 3 3 3 3  Enter your TINI in the appropriate box. The TIN provided must match ther name given onl line 11 to avoid backup withholding. Fori individuals, this is generallys your social security number (SSN). However, fora resident alien, sole proprietor, ord disregarded entity, see thei instructions for Partl, later. For other entities, itisy youre employeri identification number (EIN). Ifyoud dor not have a number, see Howt tos geta or Note: Ift the account is inr moret than oner name, see thei instructions for line 1.S See also What Name and  TIN, later.  Number To Give thel Requester for guidelines onv whose numbert to enter.  Part II Certification Underp penalties ofp perjury,! Icertifyt that: nol longers subject to backup withholding; and 3.lama al U.S. citizen or other U.S. person (defined below); and  1.7 Ther number shown ont this form isr my correct taxpayeri identification number (orl am waiting! for at number to bei issued tor me); and 2.1 lam not subject to backup withholding because (a)! ame exemptf from backup withholding, or (b)! have not been notified byt thel Internal Revenue Service (RS)t that lams subject tot backup withholding as ar result ofaf failuret tor reporta all interest or dividends, or (c) the IRS has notified me that! lam Certification instructions. Your must cross outi item2 abovei fyoul have been notified byt the! IRS that yous are currently subject tot backup withholding because you! have failed tor reports alli interest and dividends ony your taxi return. Forreale estate transactions, item 2 does not apply. Forr mortgagei interest paid, acquisition ora abandonment ofs secured property, cancellation of debt, contributions to ani individual retirement: arrangement (RA), and, generally, payments other thani interest and dividends,) you arer notr required tos signt the certification, buty your must providey your correct TIN. See thei instructions for Part I, later.  4.7 The! FATCA code(s) entered ont this form (if any)i indicating thatl lame exempt from FATCAI reporting is correct.  Sign Signature of General Instructions  Here US. person Ondagnakt Section references aret tot thel Internal Revenue Codel unless otherwise Future deveiopments. For thel latest information about developments related toF Form W-9a and itsi instructions, such asi legislatione enacted after they were published, got tos www.isgouFommwy. Line 3ah has been modified to clarify how a disregarded entity completes this line. AnLCt that isa disregarded entitys should checkt the appropriate box fort thet tax classification ofi its owner. Otherwise,it should check the' "LLC" box ande enter its appropriate tax classification.  Date March 20,2024  New line 3b! has been added tot thist form. At flow-t -through entityis is required to complete this linet toi indicate that it has direct ori indirect foreign partners, owners, orb beneficiaries wheni itprovides the Form W-9 toa anotherf flow-through entityi iny whichi it has and ownership interest. This changei isi intended top provide af flow-through entity with information regarding thes status ofi itsi indirect foreign partners, owners, or beneficiaries, sot thati it can satisfy any applicablei reporting requirements. For example, a partnershipt that has anyi indirect foreign partners may ber required to complete! Schedules K-2 and K-3. Seet the Partnership Instructions for Schedules K-2 and K-3 (Form 1065). Ani individual ore entity (Form W-91 requester) whoi isr required tof file an information retum witht the! IRSi is giving yout this form because they  noted.  What's New  Purpose of Form  Cat. No. 10231X  Form W-9 (Rev. 3-2024)    DEPARTMENT OF FINANCE  Tel: (919)718-4600 P.O. Box1 1968 Sanford, NC27331-1968  Vendor Electronic Payment Authorization Form  For your convenience and benefit, the County of Lee is now processing all vendor payments electronically, rather than by check. Your payments will be deposited intot the checking or savings account of your choice. In addition to having the money deposited electronically, you also will be notified oft the deposit by email. This notice will provide you with all the In1 the event that you change banks, bank account numbers, or email addresses, you must notify the County with the necessary changes. Failure to notify us oft these changes will cause delayed payments to you. Send changes to atemanelecounyncgP.  information that would normally be on your check stub.  Please print thet following information:  Vendor Name: Vendor Address: Vendor Phone Number: Name of Bank: Bank Routing Number: Bank Account Number: Checking or Savings: Authorized Signature: Printed Name: Title: Telephone number: Notification of payment e-mail address:  Moffat Pipe, Inc. Street: 701 Fingeri Lakes Drive 919-295-4630 PNC Bank N.A. 021052053 81195939 8 CheclangAccount Udnhmat Andrea L.J Moffat President 919-295-4630  City, State, ZipCode Wake) Farest, NC27587  D Savings Account  accountspayable@moffatpipe.com  Contact Candace Iceman at atmaneeounypeevert (919)718-4600ext  5512 with questions or changes to above information.  3    OPNC May 11,2023  To Whom It May Concern:  Please accept this letter as confirmation of MOFFAT PIPE INC's account at PNC Bank. We  certify the account details listed below are correct per our records.  Account Title: Account Number: Bank Address:  MOFFAT PIPE INC 81195939  Bank Routing Number: 021052053  PNC Bank, N.A. 249 Fifth Avenue Pittsburgh, PA 15222  Should you have any questions, please contact our Treasury Management Client Care Team at  1-800-669-1518 or via email at tmcc@pnc.com.  Sincerely,  Raecr  6nA8  Rebecca Woodruff Treasury Management PNC Bank  Assistant Vice President, TM Solution Advisor  Member ofl The PNCF Financial Services Group 301 Fayetteville St Raleigh NC 27604 www.Pnc.com    The County of Lee North Carolina Moffat Pipe, Inc  Vendor/Contractor Name:  701 Finger Lakes Dr.; Wake Forest, NC 27587  IRAN DIVESTMENT ACT CERTIFICATION REQUIRED BY N.C.G.S. 147-86.59  As of the date listed below, the Vendor/Contractor listed above certifies that they are not on the Iran Final Divestment List ("List") created by the North Carolina State Treasurer persuant to N.C.G.S. 147-86.58.  Contractor/Vendor shall not utilize any subcontractor that is identified on the list.  E-VERIFY CERTIFICATION  REQUIRED BY N.C.G.S. 143-48.5& 147-33.95(9)  As of the date listed below, the Vendor/Contractor listed above and all Vendor/Contractors subcontractors certify that they are in compliance with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes, including the requirement for each employer with more than 25 employees in North Carolina to verify the work authorization ofi its employees through the federal E-Verify system. The undersigned hereby certifies that helshe is authorized by the entity listed above to make thet foregoing  statement.  March 25, 2024 Date  Signature Jacob S. King Printed Name  Rhs  Chief Financial Officer Printed Title  4    Lee County, North Carolina Terms and Conditions  Bgceptance of this purchase order, the vendor or contractor, (referred to as the Seller), declares that the supplies, materials,  ument, apparatus, or services will bei furnished according tot the following terms and conditions:  1. QUESTIONS CONCERNING THE PURCHASE ORDER: Contact 2. PURCHASE ORDER NUMBER: The purchase order number musta appear ona alli invoices, packing slips, correspondence and bill must notify the ordering Department immediately. All prices are quoted F.O.B. DESTINATION unless specifically indicated 4. INVOICES: All invoices are to be mailed to the Ship To Department. Each purchase order must be invoiced separately. Invoices for partial shipments will be accepted and final invoices should indicate completion ofc order. The Purchase Order Number 5. CASH DISCOUNTS: All cash discounts will be effective from the date of actual receipt of a correct and approved invoice by the invoices Net Thirty (30) days from the date received and approved. The County does not agree to the payment of late charges or finance charges assessed by the Seller for any reason. Invoices County's purchase order may not include tax; however, all applicable taxes shall be paid by the County. Seller shall itemize taxes ont the Seller's invoice. Its should be notedt that the County is QUANTITY: Thes specificquantity ordered must be delivered int full Director's written consent. Any unauthorized quantity is subject to 9. FREIGHT AND PACKAGING: Price quotations shall include freight, transportation, shipping, handling and similar charges. Collect freight shipments will be refused. The Seller shall absorb seller agrees to assume and pay all extra expense occurring on 10. SERVICES PERFORMED: All services rendered under this agreement willl be performed at the Seller's own risk and the Seller expressly agrees toi indemnify and hold harmless Lee County, its damage that they may suffer as a result of claims, demands, actions, damages ori injuries of any kind or nature whatsoever by represents that the goods covered by this order are in full compliance with all applicable local, state or federal laws and regulations and agrees to indemnify and defend Lee County against any loss, cost, liability or damage by reason of Seller's 12. CANCELLATION: Lee County reserves the right to cancel this order, or any part thereof, at any time without penalty. Such cancellation may bel based uponf failure oft the Seller to comply with work with promptness and diligence, failure to make shipment within the time specified, or for any other reason which causes the 13. ACCEPTANCE. AND INSPECTION: All goods shall be subject to the County's right ofi inspection and rejection. Risk ofl loss andt title to all goods shall remain with the Seller until acceptance has been made by the County. Ifgoods are rejected, they willl be retumed at Seller's risk for credit or replacement att the County's option and all  handling and transportations expenses both ways shallb be assumed by the Seller. When goods have been rejected, the County shall have the right to cancel any unshipped portion of this order. Payment for supplies shall not constitute acceptance andi isv without prejudice to claims that the County may have against the Seller. by this order will conform to the specifications, drawings, or samples furnished by the County, be suitable for the purpose intended, and shall be free from defects in material and/or workmanship and shall be merchantable. This warranty shall survive any inspection, delivery acceptance or payment by the County. The Seller also warrants that the goods do not infringe any patent, registered trademark or copyright, and agrees to hold Lee County harmless in the event of any infringement or claim thereof. Additionally, Seller warrants that the goods are free and clear ofa alll liens ande encumbrances, and that Seller has as good and container of a hazardous chemical is labeled, tagged or marked with information required by OSHA's Hazard Communication Standard, Department of Transportation requirements, and any ensure that Lee County is provided an appropriate current MSDS with or prior to the initial shipment of a hazardous chemical, and with or priort tot the initials shipment after the MSDSi is updated. discriminate on the basis of race, color, sex, national origin, references and/or insertions, with the stated terms and conditions thereon shall constitute the complete agreement between the County and Selier. Thet terms and conditions oft this orders shall not be modified by any verbal understanding and shall only be! binding agreed that the Seller is an independent contractor and not an agent ofLee County, and as such, Seller and! his or her agents and employees shallr not be entitled toa any countye employment! benefits, including butr not limitedt to vacation, sickl leave insurance, worker's compensation, pension or retirement benefits. interpreted pursuant to Laws of the State of North Carolina. Any legal actions arising from default of this contract shall be brought onlyi in the County ofLee, State of North Carolina, services, employers and their subcontractors with 25 or more employees in North Carolina as definedi in Article 2 of Chapter 64 of the NC General Statutes must comply with E-Verify requirements to contract with the County. E-Verify is a Federal program operated by the US Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hire thisp purchase order Seller certifies that: (i) Selleri is not listed on the Final Divestment List created by the State Treasurer pursuant to N.C.G.S.S 147-86.58 (the "Final Divestment List"), and (i) Seller will not utilize any subcontractor performing work under this Purchase Order which is listed on the Final Divestment List. The Final Divestment List can be found on the State Treasurer's website at the address wwanctessusrconan and should be  the Ship To Department shown.  of! lading. otherwise.  3. PRICE: If prices or terms do not agree with your quotation, you 14. WARRANTY: The Seller expressly warrants that goods covered  must be referenced on alli invoices. ordering department. are payable in U.S. funds.  marketable title tot the same. applicable EPA requirements.  6. PAYMENT TERMS: The County agrees to pay all approved 15. HAZARDOUS CHEMICALS: The Seller shall ensure that each 7. TAXES: Lee County is not Tax-Exempt. Prices shown on the 16. MATERIAL SAFETY DATA SHEETS (MSDS): The Seller shall exempt from Federal Excise Tax except as required to be paid by 17. NON-DISCRMNATION POLICY: Lee County does not and will not be changedincreased without the Purchasing 18. VERBAL AGREEMENT: This purchase order, including all  law.  religion, age or disability.  rejection and return at Seller's expense.  ifagreed toi in writing by the County.  any increasei inr rates becoming effective after: the datel hereof. The 19. INDEPENDENT CONTRACTOR: It is mutually understood and  account ofi improper packaging.  officers, agents, and employees from any and all liability, loss or 20. GOVERNING LAW: This agreement shall be governed and 11. APPLICABLE LAWS: By the acceptance of this order, Seller 21. E-VERIFY: For purchase orders that include construction or  ort to any and all persons orp property.  violation ofa any laws.  employees pursuant tof federal law.  the terms and conditions oft this transaction, failure to perform the 22. IRAN DIVESTMENT ACT CERTIFICATION: By acceptance of  Seller not toy perform as agreed.  updated every 180 days.  5    NORTH CAROLINA SALES AND USE TAX  CONTRACT:  I hereby certify that, during the period North Carolina sales and use taxes aggregating $ water or sewer system as constructed by  to paid with respect to for Lee  Pipeline Appurtenances and equipment which have become a part of the Lee County County, and that the vendors from whom the property was purchased, the dates and numbers of the invoices covering the purchases, the total amount of the invoices of each vendor, the North Carolina sales and use taxes paid thereon, the cost of property withdrawn from warenouse stock and North Carolina sales or use taxes paid thereon, are  set forth below and/or attached hereto:  4.75% STATE TAX  2.25% COUNTY COUNTY TAX  INVOICE INVOICE MATERIAL  VENDOR  NO.  DATE  COST  Signed  Title  Date  Lee County, NC  NC Sales andl Use Tax Form  Sanitary Sewer Extension tol New County Library  Pageiofi    GENERALSPECFCATONS SECTION 100 -S SUMMARY OF WORK  The purpose of this project is to provide gravity sanitary sewer access to the new county library (not yet under construction) in Sanford, NC. The major tasks for this project include:  Pavement Removal Temp. Erosion Control Asphalt Paving Pavement Marking  Gravity Sanitary Sewer Installation (public line)  Included with the Contract Documents is as set of Construction Drawings.entitled "SANITARY SEWER EXTENSION TO NEW COUNTY LIBRARY" prepared byJThomas Engineering, Inc. and  dated February 1, 2024.  SECTION 200 -ADHERENCE TO CONTRACT DOCUMENTS  The Contractor shall follow the project specifications, construction drawings, and any addenda enclosed in these Contract Documents. Where any discrepancies are found, the Contractor shall discuss with the Owner. Any work required to complete the project that is not covered in the project specifications should be discussed with the Owner prior to performing. The Contractor is responsible for construction staking to assure conformance with the construction drawings. Construction staking shall be considered incidental to the work (i.e. no  separate payment will be made).  SECTION 300-INSPECTION OF WORK  All materials and each detail of work shall be subject to inspection by the Owner and City of Sanford (utility owner). The Owner and Cityi inspectors shall be allowed access to all parts of work and assistance shall be provided by the Contractor as necessary fori inspections to be Any work covered prior to inspection by the Owner may have to be uncovered, as requested by  carried out.  the Owner fori inspection, at the Contractor's expense.  SECTION 400- - MATERIALS  All materials used on this project shall meet the quality requirements provided in the Contract Documents. All materials shall be first approved by the Owner prior to installation. The Contractor shall submit up to three (3) copies of shop drawings and/or material certificatesas  Lee County, NC  General Specifications Page 1of4  Sanitary Sewer Extension to! New County! Library    well as the other Submittals required ini the Technical Specifications for approval by the Owner priort to the Contractor purchasing and installing any materials on this job. Any material used not meeting the approval oft the Owner shall be removed and replaced with an acceptable Materials are to be: stored in accordance with the Specifications as well as the: supplier's recommendations and requirements. Material storage area(s) are: specified on the construction Materials are to bel handled in accordance with the Specifications as well as the supplier's  material.  drawings. Any other locations shall first be approved by the Owner.  recommendations and requirements.  SECTION 500 - ACCEPTANCE OF WORK  Any work that does not reasonably conform to the requirements of the Construction Documents shall be considered unacceptable and shall be removed and replaced at the Contractor's Expense. Unacceptable work, as determined by the Owner, may be poor workmanship, use of Upon notice from the Contractor, the Owner will make al Final Inspection oft the work deemed byt the Contractor to be substantially complete. Ifthe Owner finds any part of the work as being unsatisfactory, the Owner will provide the Contractoral list of the corrections necessary. Once these corrections, ifany, are completed to the satisfaction of the Owner, the Owner will make the 'Notice of Acceptability of Work to the Contractor and Owner. Upon issuance of the 'Notice ofA Acceptability of Work, the remainder of the Contract Price, including retainage, shall be paid Ift the Contractor determines that additional compensation is due for work that is deemed not covered in the contract (or by Owner's Change Order), the Contractor shall notify the Owner in writing of anyi intentions to make a claim. Contract disputes shall be handled by' Dispute  defective materials, or damaged work.  by the Owner tot the Contractor.  Resolution' provided as Exhibit A of the Contract.  SECTION 600 - GENERAL COORDINATION  The Contractor shall plan on attending the following meetings with the Owner and/or Owner: pre-construction meeting, periodic progress meetings, and project close-out. The Contractor may be asked to attend other meetings as deemed necessary by the Owner. The Contractor shall contact the Owner on any discrepancies found in the Contract Documents prior to proceeding with work. The Contractor will be liable for work performed in an The Contractor shall coordinate with Owner prior to performing any material tests required under the specifications of these Contract Documents. The Contractor is responsible for making  unacceptable manner.  Lee County, NC  General Specifications Page2of4  Sanitary Sewer Extensiont to! New County Library    thet tests required by these contract documents under the supervision of the Owner. Testing shall be observed by the Engineer or the Owner's Geotechnical consultant.  SECTION 700- - COORDINATION WITH UTILITY COMPANIES  A survey and limited utilityl locates were performed for this project. The Contractoris responsible for protecting utilities during construction. The Contractor shall call NC 'One Call" Center NC811, prior to beginning any excavation. The Contractor is responsible for any utilities damaged during construction. The power company shall be notified when excavating within 15  feet of their utility poles.  SECTION 800- - TRAFFIC CONTROL  The Contractor is responsible for providing appropriate traffic control as may be necessary during the course of the project. The Contractor shall prepare ai traffic control plani ifso required by the City of Sanford or NCDOT for worki in their R/W. Traffic control shall be considered incidental toi the work (i.e. no separate payment willl be made for traffic control).  SECTION 900-ENVIRONMENTAL AWARENESS  Contractor shall minimize disturbance to the extent practicable. Siit fence and/or other erosion control measures as shown on the drawings, as indicated in the Technical Specifications, and/or as directed by the Owner shall be installed just below disturbed areas to help prevent sediment from leaving the project. site. Where earth is exposed and will not be covered by asphalt or concrete, the Contractor shall stabilize within seven (7) calendar days with seed and straw per Contractor to provide sufficient dust control when warranted or as directed by the Owner. Contractor shall also take measures to prevent mud tracking onto the public streets or other  the Specifications. paved areas.  SECTION 1000- - UNIT PRICE BASIS FOR MEASUREMENT. AND PAYMENT  All costs associated with successful completion of the project, including furnishing all materials, equipment, supplies, and appurtenances; providing all construction, equipment and tools; and performing all necessary labor and supervision to fully complete the project shall be included in the unit prices bid. The cost of any incidental work needed to successfully complete the project Estimated item quantities stipulated on the Bid Form or Contract Documents are approximate and are to only be used as al basis for estimating probable cost oft the project and for purposes of comparing bids. The actual item quantity amount needed to complete the project may differ from the estimated item quantity. Where the quantities provided by the Owner are  but not included as a unit bid item, shall bei included in a related item.  Lee County, NC  General Specifications Page3of4  Sanitary Sewer Extensioni tol New County Library    substantially different than what is needed to complete the project, the Contractor shall notify the Owner. The basis for payment will bei for the actual in-place quantities. The Contractor is responsible for submitting material invoices and documentation oft field measurements made as his basis for payment. The Owner will make his own measurements' for comparison with the Contractor's measurements. The Contractor's documentation shall be  submitted to the Owner with the Application for Payment.  SECTION 1100 = CLOSEOUT SUBMITTALS  The contractor shall maintain a set of 'red-lined' drawings for any changes approved in thet field byt the Owner. At the conclusion of the construction, and prior toi final payment, the contractor shall submit the 'red-lined' drawings as well as at field survey (in AutoCad and PDF format) of as- built conditions (as prepared by Professional Land Surveyor) to the Owner. The closeout submittals shall be considered incidental to the work (i.e. no: separate payment willl be made).  Lee County, NC  General Specifications Page 4of4  Sanitary Sewer Extension to New County Library    GENERAL SPECIFICATIONS  GRAVITY SEWER MAINS & MATERIALS  FEBRUARY 2021  EHETEE I  SEAT -233513  CITY OF SANFORD SANFORD, NORTH CAROLINA    C111/21.11, as manufactured by US Pipe, American, McWane Ductile, or approved equal. Mechanical joints shall be constructed per ANSI/AWWA C111/21.11. Bolted mechanical joints shall be used under all concrete structures and between all treatment structures ii) Flanged joints shall be constructed of ductile iron pipe conforming to ANSI/AWWWA C115/A21.15 screwed into flanges drilled and faced per ASME/ANSI B16.1 for both 125 Lb. or 250 Lb. working pressure. The pipe shall extend completed through the screwed-on flange. The flange face shall be flat and perpendicular to the pipe center line. Flanged joints shall be used for all exposed (non-buried)    for underground piping.  ductile iron piping.  3.  Restrained Joints for Ductile Iron Pipe and Fittings:  a.  Restrained joint pipe and fittings, where called for, shall consist of  one of the following:  i) ii)  Bolted retainer rings and welded retainer bars Boltless type which include ductile iron locking segments and  rubber retainers  b. C.  Bolts for restrained joints, if applicable, shall conform to ASME Restrained pipe and fittings shall be Flex-Ring or Lok-Ring as manufactured by American Cast Iron Pipe Company, TR Flex or Bolt- Lok as manufactured by US Pipe, or approved equal.  B18.2.1.  4.  PVC Pipe All PVC pipe shall be manufactured in accordance with ASTM D3034 for Type PSM polyvinyl chloride (PVC) sewer pipe and fittings. All PVC pipe shall be SDR 21 or 26 wall thickness pipe, unless otherwise specified. PVC sewer pipe shall be used only for eight-inch (8") diameter sewer mains which will serve residential areas where further main extensions are not possible. No commercla/industna. applications shall be All bell-and spigot joints shall meet ASTM D3212. All fittings shall use rubber gaskets which conform to the requirements of ASTM F477. 5. Fittings - All DIP fittings shall be manufactured in accordance with ANSIIAWWA C110/A21.10. Fittings shall be all bell mechanical joint per ANSI/AWWA C110/A21.10 unless otherwise noted, and shall have interior cement mortar lining in accordance with ANSIAWWA C104/A21.4.  permitted.  GRAVITY MAINS ANDI MATERIALS STANDARD: SPECIFICATIONS  SMGS-3    and overlay the midpoints of previous tape widths. Polyethylene backed coatings shall be protected from sunlight at all times. The wrapping shall terminate 6" from outside field weld sites. The tape wrap system shall be the YG III system as manufactured by the Polyken Division of Kendall Co., The outside of exposed exterior steel pipe and fittings shall receive, over the inorganic zinc prime coat, 3 mils of modified acrylic latex which shall be Carboline 3359 as manufactured by Carboline or equal, and 1 1/2 mil top coat of modified acrylic which shall be Carboline 4685 as manufactured by Interior Welded Pipe: Finish wrap or heat shrink sleeves per. AWWA C216 shall be applied to each joint oft the pipe for continuous wrapping of all steel piping. Weld after backfill process shall require 105 mil minimum heat shrink sleeve to be applied prior to backfilling. Backfill shall be a minimum of 3 feet over the pipe prior to welding in order to prevent excess heat from damaging Exterior' Welded Pipe: Tape wrapping at welded joints shall be held back six inches from each end and the joints shall be field coated in accordance with AWWA Standard C209. The, joint coating shall consist of a primer and two The interior of all steel pipe and fittings shall receive a cement mortar lining conforming to AWWA C602 for in-place lining, or AWWA C205 for shop lined applied lining, unless otherwise shown on the drawings. Shop lining of welded joint pipe shall be held back as required to facilitate welding. Inside field joints shall be prepared and lined as described by appropriated Encasement pipe shall be spiral welded steel pipe conforming to all the requirements of ASTM A139, Grade B, with a minimum yield strength of 35,000 psi. The minimum casing and wall thickness are as follows:  Boston MA, or equal.  Carboline, or equal.  the linings or sleeve.  wrap layers of Polyken 934-50, Aqua-ShieldTM, or equal.  Appendices of AWWA C602 and C205.  GRAVITY MAINS ANDI MATERIALS STANDARD: SPECIFICATIONS  SMGS-5    minimum vertical load resistance of 400 pounds and a minimum pull out strength of2,000 pounds when tested according to ASTM C497. All joints shall be sealed with ConSeal and exterior mastic wrap meeting or exceeding ASTM C990 and ASTM C972 standards. Grout shall be applied to the interior joints, exterior joints, and lift  holes, unless otherwise specified by the Engineer.  The manhole top elevations shall be set to the required elevation as indicated on the plans. Concrete grade rings or brick up to ten inches (10") and metal rings up to three inches (3") for a total of ten inches (10") may be The design for the reinforced concrete manhole sections shall conform to ASTM C478. The manhole sections shall have a standard tongue and groove joint. Shop drawings in accordance with the General Conditions of  used for final grade adjustment.  these Contract Documents will be required.  11. Concrete Block Manholes shall only be used when approved by Engineer. a. Concrete Manhole Bases shall have a 28-day compressive strength of 2500 psi and slump of not greater than four inches (4"). b. Block Manhole Units - shall be steamed cured and shall have an individual compressive strength of 2500 psi of the cross-sectional area of the unit as laid up in the wall. The maximum average absorption shall not exceed 7% by weight nor exceed 8% by weight ofanyindividual unit. Test for strength and absorption shall be made on not less than two (2), nor more than three (3), specimens consisting of whole undamaged units and based on a twenty-four Mortar used for sewer block masonry shall be composed of one (1) part Portland cement and two (2) parts sand. Portland cement shall meet the requirements oft the latest ASTM C150, Type 1. Sand shall meet requirements of ASTM C144. Mortar shall be mixed in a clean tight mortar box or mechanical mixer, and shall be used within forty- Manhole exteriors shall be plastered with a minimum of 3/4" of an  (24) hour immersion test.  C.  five (45) minutes after mixing. appropriate, watertight cement mortar.  d. Manholes- shall be constructed with eccentric tops, standard manhole rings and covers, and slip-resistant, plastic-coated cast-iron manhole steps equally spaced not to exceed sixteen inches (16") clc not more than twelve inches (12") below rim (see detail). Steps shall  GRAVITY MAINS ANDI MATERIALS STANDARD: SPECIFICATIONS  SMGS-7    13. Gravity Sewer Lines and Manholes Required to Meet Water Main Design  Standards a. b.  Designs, materials and construction methods shall meet this Part and/or current NCDEQ standards, whichever are more stringent. Manholes shall be pre-cast concrete. Manhole lift holes and grade adjustment rings shall be sealed with non-shrinking mortar or other Manholes shall be constructed to be watertight per Section A. 15of  material approved by the NCDEQ.  C.  this specification.  d. Gravity sewer pipe shall be constructed of water main equivalent pipe materials, as designated on the plans, such as Class 50 DIP (if 16" or less) and SDR 21 PVC water main rated pipe. In any event Materials must meet the requirements of this Part andlor current NCDEQ standards, whichever is more stringent. Special pipe testing requirements for such purposes are listed in Section C.5of  this specification.  14. Water Tight Manhole  a.  Manhole frames and covers shall be made watertight by eliminating the vent holes, installing a rubber O-ring gasket seal or a side seal gasket, and installing either four countersunk stainless-steel hex head bolts with rubber gaskets or using a cam-loc style ring and  cover.  b. Manholes noted to be water tight shall receive a watertight exterior joint seal using either butyl joint wrap or an asphalt sealant.  i)  Butyl joint wrap shall be a minimum width of 12-inches and li) Asphalt sealant shall be Carboline, Bitumastic 300m;  comply with ASTM C877. Tnemec, Tneme-Tar; or equal.  C.  Manholes shall be provided with a full waterproof interior  coating/ining.  GRAVITY MAINS ANDI MATERIALS STANDARD SPECIFICATIONS  SMGS-9    ili) Class II Soil Fine sand and clayey gravels, including fine sands, sand clay mixtures, and gravel clay mixtures. Soil types GM, GC, SM, and SC are included in this class. iv) Class IV: Soil Silt, silty clays, and clays, including inorganic clays and silts of medium to high plasticity and liquid limits. Soil types MH, ML, CH, and CL are included in this class. These materials are not recommended for bedding, Class V Soil - Includes the organic soils types OL, OH, and PT, as well as soils containing frozen earth, debris, rocks larger than 1% inches in diameter, and other foreign materials. These materials are not recommended for bedding, haunching, ori initial backfill for any ofi the accepted Suitable soils for backfill of pipe trenches shall be Classes 1- III unless otherwise specified by the Engineer. The Contractor shall be responsible for obtaining suitable backfill material ifiti is not available  haunching, or initial backfill.  v)  pipe materials.  on site.  B. CONSTRUCTION METHODS  1. Trench Excavation The Contractor shall perform all excavation of whatever substances are encountered to the depths shown on the plans or as directed by the Engineer. The width of the trench, one foot (1) above the top of the pipe to be installed at bell end shall not exceed the outside diameter of the pipe plus twenty-four inches (24"). Where unsuitable material or rock is encountered, the trench shall be excavated six inches (6") below the bottom oft the pipe and this depth shall be refilled with suitable All excavation is unclassified. Cost of unsuitable material or rock excavation and backfill to grade shall be included in unit price bid per foot When foundation material has poor supporting value, the pipe foundation a. Byr replacing the unsuitable materiali to an minimum depth ofs sixi inches (6"), or such other depth as directed by the Engineer, with gravel or  material and thoroughly tamped.  for sewer pipe, complete and in place.  shall be reinforced by one of the following methods:  crushed stone;  GRAVITY MAINS ANDI MATERIALS STANDARD SPECIFICATIONS  SMGS-11    C.  The City shall not be responsible for making the Contractor adhere to OSHA regulations and standards. However, the City may report known violations or unsafe practices to the appropriate enforcement  agency.  3.  Bypass Pumping Plan Where connections are to be made to existing sanitary sewer currently in operation a sewer bypass pumping plan must be submitted to the Engineer for approval prior to beginning construction activities requiring pumping operations. Pumps should be sized for 2.5 times the projected average daily flow for major outfall lines (12" and greater) and 4.5 times the projected average daily flow for all other sewer lines with a minimum of 50 gpm for the line or area of work. The Contractor shall secure pumps from a pump supplier according to the provided flowi information. Pumping operations must be monitored 24 hours per day for each day of the pumping operation by qualified personnel in order to respond to problems or failures. 100% redundancy is 4. Laying Pipe Gravity flow sewer pipe shall be laid using an approved laser under the direction of a qualified operator. The trench shall be shaped by hand to line and grade, and the bedding surface shall provide a firm foundation for the full length of the body. Grooves shall be cut in the trench for the bells sO that each joint of pipe shall be bedded for its full length. Pipes shall be laid with bells up grade and ends fully and closely jointed. All proposed gravity sewer lines shall have a maximum reach of four hundred (400) linear feet between manholes. All 8-inch gravity sewer lines shall have a slope of not less than 0.55 percent (0.55%) and not greater than 10.0 percent (10.0%). The minimum slope allowed for 6-inch sewer Pipe connections to new and existing manholes shall be made using a flexible pipe boot per these specifications, and in such a manner that the finished work will conform as nearly as practicable to the essential applicable requirements specified for new manholes, including all necessary concrete work, cutting, and shaping. The connection shall be centered on the manhole. Holes for the new pipe shall be of sufficient diameter to allow for the boot connection to be made but no larger than 1% times the diameter of the pipe. Cutting the manhole shall be done in a manner that will cause the least damage to the walls, such as using a concrete core saw. Use of pneumatic hammers, chipping guns, or sledge hammers is not permitted to form newi inverts. The Contractor shall prevent any construction debris from entering the existing sewer line when making  required for pumping operations.  shall be 0.75%.  the connection.  GRAVITY MAINS ANDI MATERIALS STANDARD SPECIFICATIONS  SMGS-13    barriers prevent a 10-foot horizontal separation, then abide by one of the  following: a.  The water main shall be laid in a separate trench, with the water main  at least 18" above the sewer line  b. The water main shall be laid in the same trench as the sewer, with the water main located at one side on a bench of undisturbed earth, with the water main at least 18" above the sewer line Ina all sections where the sewer line and the water main do not maintain the minimum 18" vertical separation, they shall be constructed according to  Section B6, Water Main Crossing Sewer.  8. Aerial Crossings  a. Ino cases where aerial crossings are used to cross streams, piers shall generally be located at a uniform spacing of 201 feet or 1 pier for  every joint of pipe.  b. All pier footings shall be designed by a licensed NC Professional Engineer and the assumptions for the footing design included on the plans. At a minimum, the footing design shall include: The allowable soil bearing capacity Design concrete compressive strength  i) ii)  ii) Plan for reinforcing steel with sizing and location on bars iv) Force diagram including buoyant forces and stream velocity  impacts from scour  v)  Depth of installation to prevent frost heaving and compromise  vi) Bedding design to prevent differential settlement vii) Factors of safety for unanticipated loads such as trees falling Appropriate joint technology, such as flanged or restrained, adequate supports to prevent excessive flexion, ora combination of  across the aerial crossing  C.  both, shall be provided for all aerial pipe crossings.  GRAVITY MAINS ANDI MATERIALS STANDARD SPECIFICATIONS  SMGS-15    v) Verify that installed manholes meet required alignment and  grade  vi) Cut pipe flush with interior of structure Doghouse Manholes and Structures  i) ii)  Carefully excavate around existing sewer line to adequate  depth for foundation slab installation Protect existing pipe from damage  in) Replace soft soil with granular fill compacted to 95 percent iv) Install manhole structure around existing pipe; manhole structure shall be supported fully by compacted crushed stone bedding or a support system, as indicated on the Drawings. Grout the pipe entrances sO as to provide a watertight seal. vi) Coordinate connection to existing pipe with the Owner and the  maximum density  v)  Engineer. Concrete Block Manholes  i) ii)  Base- Concrete masonry manholes shall be built on a slab as Laying the Masonry Units - Manhole masonry units shall be laid plumb and in a full bed of mortar. A running bond will be used and the block will be laid to form a true circle (oblong or oval-shaped manholes will not be permitted unless approved by the Engineer). One (1) or two (2) courses of 2%4" high concrete brick may be used at the top of the manholes to adjust height for placing the manhole ring and cover. Concrete brick may also be used for closing openings around pipes and inverts. Buttering the manholes masonry unit on the end is not required. The cylinder which is formed when the ends of the masonry units meet must be completely filled with mortar so as to form a water-tight lock and joint. The thickness of the horizontal mortar joint will be left to the discretion of the Contractor, but shall not be less than 3/8" thick or more than 3/4" thick. The joints shall be completely filled with mortar. No spalls or bats shall be used except for shaping around irregular openings or when unavoidable to  specified and shown on the drawings.  GRAVITY MAINS ANDI MATERIALS STANDARD: SPECIFICATIONS  SMGS-17    2. Test for Displacement of Sewers Upon completion of sewer line construction, a displacement test shall be conducted by the Contractor, in the presence of the Engineer. The Contractor shall provide all labor, required confined space entry permit documents, and test apparatus. The test shall be conducted according to one or! both of thei two following options: 1)A light will be flashed between manholes; if the illuminated interior ofi the pipe shows any misalignment, displaced pipe, or any other defects, they shall be corrected by the Contractor at his expense; 2) The interior of the line will be surveyed using CCTV, and the recording reviewed for any sags, misalignment, displaced pipe, or other defects; the video recording shall be submitted to the City of Sanford and the Engineer for review. Infiltration Tests Where ground water is encountered during construction, all pipe joints for the sewer line shall be of such quality that there shall be no perceptible infiltration of ground water into the sewer from any single joint. The Engineer may conduct infiltration testing ifitis where deemed The Contractor shall furnish all labor and equipment, and shall assist the Engineering in making these tests. The length of line to be tested at a time shall be subject to the approval of the Engineer. Total infiltration in one (1) twenty-four (24) hour period shall not exceed one hundred (100) Pressure Tests - All gravity sewer pipe required to meet water main standards based on NCDEQ requirements shall be pressure tested to water main standards of 1.5 times working pressure. This shall be based on the maximum depth of the pipe in feet within the project area times 1.5 divided by 2.31. For example, 20-foot cut X 1.5/ 2.31 = 13 psi, or NCDEQ 5. Vacuum Testing - All manholes shall be tested in accordance with ASTM C1244 prior to backfill. Plug pipe openings a minimum of six inches beyond the manhole wall and position the vacuum tester according to the manufacturer's recommendations. Drawa vacuum of 10 inches of mercury, close the valve on the vacuum line and shut off the vacuum pump and measure the time for the vacuum to drop to 9 inches of mercury. The manhole shall pass when the time to drop to 9 inches of mercury meets or  3.  necessary.  gallons/inch of diameter, per mile of sewer.  4.  requirements, whichever is more stringent  exceeds the table below:  GRAVITY! MAINS AND MATERIALS STANDARD! SPECIFICATIONS  SMGS-19    7.  Protection of Construction When and where deemed appropriate by MUTCD or OSHA standards, the Contractor shall provide and maintain warning signs, lights, flagmen, and barricades at his own expense and cost, and shall take all necessary precautions to adequately protect life and  property.  D. METHOD OF MEASUREMENT  1. Sewer Pipe - Measurement of sewer pipe shall include the total linear feet of pipe installed, complete, in place, tested, and accepted by City or Engineer, including the trenching, backfilling, clear and grubbing right-of- ways, furnishing labor tools, materials and equipment necessary for installing pipe, and for backfilling and all other necessary incidentals. Depth shall be measured from the existing ground surface to the bottom of the Manholes - For manholes, by actual count at the various depths stated in the proposal, depth shall be measured from the top of manhole casting to 3. Service Taps - Taps will be counted by unit, complete in place, and accepted including the restoration of pavement, curb, gutter, sidewalks,  pipe.  2.  the invert.  grass, etc.  E. BASIS OF PAYMENT  Payment will be made for all items based on the unit and lump sum prices stated int the proposal and measured as previously described. Any costs for cleanup and seeding shall be included in the price per linear foot for installation of the sewer line. Construction of the sewer line shall be considered as ninety percent (90%) complete until such time as the cleanup for that section of line is completed to the satisfaction of the City. Therefore, payment shall only be ninety percent (90%) of the price per linear foot until the cleanup, seeding, etc., for that section of line is completed to the City's satisfaction. The prices stated in the proposal shall cover all work required to properly install the sewer mains, complete with all necessary  appurtenances, in accordance with the plans and specifications.  GRAVITY MAINS ANDI MATERIALS STANDARD SPECIFICATIONS  SMGS-21    C.A American Welding Society:  1. AWS D1.1- Structural' Welding Code-s Steel.  D. ASTM International:  1. ASTM A36 - Standard Specification for Carbon Structural Steel.  2. ASTM A139 - Standard Specification for Electric-Fusion (Arc)-Welded Steel Pipe  (NPS 4 and Over)  3. ASTM C33 - Standard Specification for Concrete Aggregates. 4. ASTM C150 - Standard Specification for Portland Cement.  E.N National Utility Contractors Association:  1. NUCA- Guide to Pipe Jacking and Microtunneling Design. F. State of North Carolina Department of Transportation  1. Standard Specifications for Roads and Structures, latest revision  2. Policies and Procedures for Accommodating Utilities on Highway Rights of Way  G.C Occupational Safety and Health Administration 1. Safety and Health Regulations for Construction  COORDINATION  A. For all work within the Department of Transportation right-of-way, notify the appropriate office of the Department of Transportation at least 72 hours prior to B. No blasting will be done without prior written approval of the Department of Transportation. If requested, furnish the Department of Transportation with details of C.Ata all times, ensure the free and unobstructed use ofi the right-of-way for the passage  beginning construction.  the proposed blasting method.  of traffic without delay or danger to life, equipment, or property.  PREINSTALLATION MEETINGS  GRAVITY MAINS ANDI MATERIALS STANDARD SPECIFICATIONS  SMGS-23    CLOSEOUT SUBMITTALS  A. Project Record Documents: Record actual locations of casing, carrier pipe, and invert B.I Identify and describe unexpected variations to subsoil conditions or discovery of  elevations. uncharted utilities. QUALITY ASSURANCE  A. Perform Work according to AREMA, NUCA, OSHA, and AASHTO guidelines. B. Comply with all Federal, State, and local laws, ordinances, rules, and regulations C.V Where applicable, perform Work according to State of North Carolina Department of D.A All welding procedures used to fabricate and install steel casings shall be performed  affecting the work under this section. Transportation standards.  ina accordance the provisions of ANSI/AWS D1.1.  QUALIFICATIONS  A. Installer: Company specializing in performing Work of this Section with minimum five B. Welders: AWS qualified by an independent local, approved testing agency within 1. A minimum of 3 years recent experience within the last 5 years with welding C.L Licensed Professional: Professional ENGINEER experienced in design of specified  years' documented experience.  previous 12 months for employed weld types. procedures required on this project. Work and licensed in State of North Carolina. DELIVERY, STORAGE, AND HANDLING  A. Inspection: Accept materials on Site in manufacturers original packaging and inspect for damage. If any defective material is discovered, remove it and replace with sound pipe or repair defective material in an approved manner and at the CONTRACTOR'S B. Handling: Support casing and carrier pipes with nylon slings during handling. Do not place pipe within pipe of a larger size and do not roll or drag pipe over gravel or rock.  expense.  GRAVITY MAINS. ANDI MATERIALS STANDARD: SPECIFIÇATIONS  SMGS-25    CASING AND JACKING PIPE A. Steel Casing Pipe:  1. Comply with ASTM A139, Grade B. 2. Minimum Yield Strength: 35,000 psi.  3. Welded Joints:  a. Comply with AWS D1.1. b. Full circumference. 4. Interior and exterior coating.  a. Additional coating requirements, if any, may be included in the encroachment agreement. The encroachment agreement is included and made a part of the  Contract Documents.  5. Pipe Sizing:  a. The encasement pipe shall be of the diameter and wall thickness indicated on the drawings, but in no case shall they be less than required by authorities  having jurisdiction. B. Performance and Design Criteria: 1. Casing Pipe: Leakproof. 2. Loading: a. Highways: 1) Earth cover.  2) H-20 live loading, according to AASHTO HB-17. 3) Impact loading according to AASHTO HB-17.  b. Railways: 1) Earth cover.  2) Comply with AREMA - Manual for Railway Engineering. 3) Impact loading according to AREMA guidelines.  GRAVITY MAINS. AND MATERIALS STANDARD SPECIFICATIONS  SMGS-27    a. Casing spacers shall be spaced a maximum of eight (8) feet apart along the length ofi the carrier pipe with one casing spacer within two (2) feet of each side b. The casing spacer polymer shall contain ultraviolet inhibitors and shall have a minimum compressive strength of 3,000 psi, an 800' Volts/mil dielectric strength and impact strength of1.51 ft-Ibs/inch. Each casing spacer shall havei full length, integrally molded skids extending beyond the bell or mechanical joint of the  of a pipe joint and the rest evenly spaced.  carrier pipe.  B. Steel Strapping: Comply with ASTM A36.  C. Casing End Seals  1. Casing end seals shall be used to completely close both openings on either side 2. End seals shall be 1/8-inch thick synthetic rubber secured with stainless steel banding straps. Other end seals may be constructed only as pre-approved by the  oft the casing.  ENGINEER or as required by authorities having jurisdiction.  EXAMINATION  A. Verify that connection to existing piping system, sizes, locations, and invert elevations B. Examine the areas and conditions under which the boring is to be installed and become familiar with the conditions under which the work will be performed, all necessary details, and the suitability of the proposed equipment and methods for the C.Do not proceed with the work until unsatisfactory conditions have been corrected in D. Notify the ENGINEER immediately if conditions do not permit a bore and jack  are as indicated on Drawings.  orderly prosecution of the work. an acceptable manner. installation. PREPARATION  A. identify required lines, levels, contours, and datum locations.  B. Existing Utilities:  1. Locate and identify utilities indicated to remain and protect from damage. 2. Notify ENGINEER of any potential utility conflicts immediately.  GRAVITY MAINS ANDI MATERIALS STANDARD SPECIFICATIONS  SMGS-29    6. Where necessary, trenches shall be securely sheeted and braced to prevent 7. The pits or trenches shall be backfilled immediately after the operation has been  caving. completed. D.C Casing Pipe:  1. The driven portions of the casing shall be advanced from the lower end of the casing unless specificpermissiont to do otherwise is obtained from the ENGINEER.  2. Boring:  a. Boring operations shall be continuous to their completion, and unnecessary or prolonged stoppages shall not be allowed to prevent the pipe from becoming b. Steel rails or beams embedded in concrete shall be used in the pit for placement and alignment of each piece of casing during installation operations. C. - Push pipe into ground with boring auger rotating within pipe to remove soil. d. Do not advance cutting head ahead of casing pipe, except for distance necessary to permit cutting teeth to maintain clearance for pipe. e. Arrange machine bore and cutting head to be removable from within pipe. f. Arrange face of cutting head to provide barrier to free flow of soft material. g. Ifunstable soil is encountered during boring, retract cutting head into casing to permit balance between pushing pressure and ratio of pipe advancement to  firmly set in the embankment.  quantity of soil.  3. Abandonment of Bore: In the event that an obstruction is encountered during the dry boring operation, the casing shall be inspected by the ENGINEER and a. Ifan obstruction is encountered during the dry bore operation which prohibits further extending ofi the bore, terminate the bore if approved by ENGINEER as  determined if it may be removed or left in place.  follows:  1) Remove the boring auger and the casing pipe.  GRAVITY: MAINS ANDI MATERIALS STANDARD SPEÇIFIÇATIONS  SMGS-31    C. No blocks or spacers shall be wedged between the carrier pipe and the top of 4. The carrier pipe shall extend a minimum of 2 feet past casing pipe on each end. 5. Install an end seal on each end of the casing pipe so that annular space between  the casing.  the casing and carrier pipe is sealed.  TOLERANCES A. Excavation:  1. Minimize overbore by matching the cutter diameter to the diameter of the encasement pipe as closely as practicable. Do not overcut excavation by more B. The alignment and grade of the encasement pipe shall be carefully maintained and the encasement pipe installed in a manner that will allow of the installation of the  than 1 inch greater than OD of casing pipe.  carrier pipe to the lines and grades shown on the plans. C. Casing Pipe Vertical and Horizontal Alignment:  1. Horizontal: Variation in the final position of the pipe from the line and grade established by the ENGINEER will be permitted only tot the extent of 0.5% in lateral 2. Vertical Alignment: Where the carrier pipe is to be laid on a uniform grade (i.e. gravity sewer line or gravity storm drain) the variation in vertical alignment will be  alignment.  as follows:  GRAVITY MAINS ANDI MATERIALS STANDARD: SPECIFICATIONS  SMGS-33    B. Protect bench marks, survey control points, existing structures, fences, sidewalks,  paving, and curbs from excavating equipment and vehicular traffic.  END OF SECTION  GRAVITY MAINS ANDI MATERIALS STANDARD: SPECIFICATIONS  SMGS-35    SECTION 02270 EROSION CONTROL  PARTI-GENERAL 1.01 SCOPE  A. This Specification: shall include the work necessary to install and maintain erosion control measures shown on the Plan. Also, prior to completing the construction project, to remove the erosion control measures that are specified as temporary measures. B. The Contractor is responsible fori implementing the Erosion Control Plan provided in the Plans as well as complying with the North Carolina Department of Environmental Quality (NCDEQ) Erosion Control Permit (ifany) and associated NPDES Stormwater Permit during the entire  duration of the construction period.  1.02 REFERENCE: SPECIFICATIONS, CODES, AND: STANDARDS  A. All work shown on the Plans shall comply with the applicable sections of the following standards. All referenced items shall refer to the most recent issue at the time of Bidding. 1. North Carolina Department of Transportation NCDOT)Standard. Specifications for Roads  and Structures.  2. NCDEQ Erosion and Sediment Control Planning and Design Manual. 3. American Society for Testing and Materials (ASTM).  PART2-PRODUCTS 2.01 MATERIALS A. Erosion Control Stone  1. Rock that will remain after the project is complete, such as the outlet of permanent pipes and ditches, shall conform to NCDOTS Standard Specifications 876 and 1042. Refer to the 2. Rock used for temporary erosion control measures. shall conform to NCDOT Standard  Plan for the Class Rip Rap required. Specification 1610. B. Filter Fabric and Hardware Cloth  1.F Filter Fabric shall comply with NCDOT Standard Specification 1056.  2. Filter Fabric used for silt fence shall be Type 3 under the NCDOT: Standard Specification  1056.  02270-1  LEE COUNTY, NC  SANITARY SEWERI EXTENSION TOI NEW COUNTYLIBRARY    3. Filter Fabricu used under rock shall be Type 2 under the NCDOT: Standard Specification 4. Hardware cloth used for temporary inlet protection shall have X" openings and  1056.  constructed from 24 gauge wire.  Rolled Matting  1. Rolled Matting used to stabilize. steep slopes, ditches, temporary diversions, etc. shall be installed after seeding andi in accordance with NCDOT: Standard Detail 1631.01 and shall  comply with NCDOT: Standard Specification 1060-8 and 1631.  D. Temporary Silt Fence  1. Temporary Silt Fence shall comply with NCDOT Standard Specification 1605. 2. Temporary Silt Fence 'Outlet' shall comply with NCDOT Standard Specification1606. 1. Coir Fiber' Wattles are specified as perimeter barrier protection (similar function as silt fence) and inl low volume ditches and swales (similar function as check dams) shall comply with NCDOT Standard Details (Coir Fiber Wattle and Coir Fiber Wattle Barrier).  E. Coir Fiber Wattle  PART3-EXECUTION 3.01 PERMIT COMPLIANCE  A. The NCDEQ Erosion Control Permit and NPDES Stormwater Permit (if obtained for this project) shall be adhered to and all monitoring and reporting requirements shall be completed byt the Contractor for the duration oft the construction period. Any changes to the Site Erosion Control Plan shall bet first approved by the Engineer and NCDEQ. B. The Erosion Control Measures shown on the Plan: shall be fullyi implemented. The Contractor must not disturb any area outside the limits of disturbance as shown on the Plan without approval from the Owner and modification to the NCDEQ Permit (if The Construction Sequence', if provided on the Plan, shall be adhered to. IfE Erosion Control Permit is obtained for this project, notify the regional NCDEQ office at the D.A Any instance where thei installed measures are not providing adequate erosion control protection, the Contractor: shall make the Engineer aware oft the problem so additional  applicable).  specified times in the Construction Sequence'.  measures can bei implemented.  02270-2  LEE COUNTY, NC  SANITARY SEWERE EXTENSION TOI NEW COUNTYLIBRARY    3.02 INSTALLATION, MAINTENANCE, AND REMOVAL  A. The Contractor is responsible for the installation, maintenance, and removal of erosion control measures in accordance with the requirement of the NCDEQ Erosion Control Permit and B. The Contractor shalli install erosion control measures in accordance with this Specification: and the Plan and Plan Details. The Contractor shalli follow the Construction Sequence', ,ifp provided The Contractor shall maintain erosion control measures so they function properly throughout the project duration. The Contractor shall maintain measures in accordance with the D. The Contractor shall remove temporary erosion control measures in accordance with the Construction Sequence', if provided int the Plans or as directed by the Owner. Temporary erosion control measures shall not be removed too early in the construction period which may cause undue erosion and sedimentation. Once temporary erosion control measures are removed the area shall be graded or left in a manner that is consistent with the final site condition shown int the Plans. This includes establishing vegetation, or landscape cover for  NPDES-Stormwater Permit, if necessary' for the project.  int the Plans.  Maintenance Plan', if provided in the Plans.  these areas, as specified in the Plans.  END OF SPECIFICATION 02270  02270-3  LEE COUNTY,NC  SANITARY SEWER EXTENSION" TOI NEW COUNTYLIBRARY    SECTION 02741 ASPHALT PAVING  PART1-GENERAL 1.01 SCOPE  A. This specification shalli include both pavement patch and pavement overlay. Work shall include compaction and preparation necessary1 to provide proper subgrade. B. Crushed Aggregate Base Course (CABC) and Superpave Asphalt Concrete shall be used.  1.02 REFERENCE SPECIFICATIONS, CODES, AND: STANDARDS  A. All work shown on1 the Plans shall comply with the applicable sections of the following standards. All referenced items shall refer to the most recent issue at the time of Bidding. 1. North Carolina Department of Transportation (NCDOT)Standard. Specifications for Roads  and! Structures.  2, NCDOT Quality Management System 3. American Society for Testing and Materials (ASTM).  1.04 SUBMITTALS  A. Manufacturer's Certificate showing company is registered and approved by NCDOT for  supplying materials for asphalt paving.  B. Job Mix Formula (JMF). With the. JMF, a certificate indicating the. JMF meets the specifications I Evidence the Contractor is familiar with and maintains a Quality Management System as specified in NCDOT Standard Specification Section 609, as requested by Engineer.  fort this project.  PART2-PRODUCIS 2.01 MATERIALS  A. Crushed Aggregate Base Course (CABC) shall conform to the composition and materials of B. Asphalt Concrete Base Course Type B25.0B shall conform toi the composition and materials of  NCDOT: Standard Specification Section 520. NCDOT Standard Specification Section 610.  LEE COUNTY, NC  02741-1  SANITARY! SEWER EXTENSION TOI NEW COUNTYLIBRARY    Asphalt Concrete Intermediate Course Type 19.0(B/C) shall conform to the composition and D. Asphalt Concrete! Surface Course Type SF9.5A or $9.5(B/C). shall conform to the composition . Tack Coat shall conform toi the composition and materials of NCDOT Standard Specification , Prime Coat shall conform to the composition: and materials of NCDOT Standard Specification G. Asphalt Surface Treatment shall conform to the composition and materials of NCDOT Standard  materials of NCDOT Standard Specification Section 610. and materials of NCDOT: Standard Specification Section 610.  Section 605. Section 600.  Specification Section 660.  PART3-EXECUTION  3.01 ESTABLISHMENT OF GRADES  A. Establish grades shown on the Plans and Details. Notify Engineer of any conflicts or concerns B. No surface gradient for the asphalt pavement. shall bel less than 1%, unless approved by  prior to paving. Engineer in field. 3.02 PAVEMENT REMOVAL  A. Where existing pavement is specified to be removed, the Contractor shall provide a neat edge at the limits of removal by saw cutting fora a depth ofapproximately: 2 inches. Saw cut lines shall be neat and: straight. Remove pavement and subsurface material along the utility to width and depth shown ont the Plan or as specified by the Engineer ini thei field. Properly dispose of removed material, ifi it unsuitable for re-use. Undercut, backfill, and compact in accordance with the Plan and Specification for 'Gravity Sewer Mains'.  3.03 PREPARATION OF SUBGRADE  A. Remove spongy or otherwise unsuitable material to a depth as directed by the Engineer and replace with approved material. To help prevent future pavement cracking, care should be B. Compact subgrade using mechanical rollers and tamps to the satisfaction of the Engineer.  taken to obtain a subgrade of uniform bearing capacity.  LEE COUNTY,NC  02741-2  SANITARY SEWERI EXTENSION TOI NEW COUNTYLIBRARY    Maintain subgrade in satisfactory condition and properly drained until pavement has been  placed.  3.04 MILLING TRANSITIONS  A. Where the new pavement limits will abut existing pavement, the existing pavement. shall be milled (min. 4' width)a along the perimeter to create as smooth and uniform transition.  3.05 PLACING CABC AND. ASPHALT  A. Place CABC on newly prepared subgrade in accordance with NCDOT Standard Specification Section 520. Refer to the Plan and the Plan Detail for Asphalt Pavement fort the extents of CABC required for the project. The CABC thickness shalll be as indicated ont the Plan Detail. The CABCsurface shall be uniformly and well compacted to the satisfaction of the Engineer. B. Place Superpave Concrete. Asphalt in accordance with NCDOT Standard Specification Section 1. The Owner wille employ an independent testing firm as described in Section. 3.06 oft this 2. The Contractor shall maintain a pavement gradient of 1% minimum, unless approved by 4. Smoothness testing will only be required to be performed where Engineer requires one :. - Where asphalt concrete willl be placed over soil subgrade (full depth asphalt), the Contractor shall first apply a prime coat in accordance with NCDOT Standard Specification 600 ata a rate of D. Where asphalt concrete will be placed over existing asphalt the existing asphalt shall be swept clean and all existing grass, weeds, and other vegetation in the area to be paved shall be removed or killed with herbicide. Unless the existing asphalt will bet treated with mat coat, the Contractor shall first applya a tack coat to the existing asphalt in accordance with NCDOT Standard Section 605. Tack coat is not necessary if the existing asphalt was placed no more :. Use the correct size roller for the type and thickness of asphalt being placed. Rolling for the final surface course shall continue until all roll marks are removed and the pavement surface is smooth. Where the roller cannot access or is not effective in rolling the placed pavement such isin corners or around manhole rings, al hand steel roller shall be used to smooth these areas. Placement of CABC: and asphalt shall not be performed during rainy weather or when there is  610, with the following exceptions. Specification. Engineer.  3. Surface variation shall be limited to 1/4" in 101 feet.  based on visual inspection.  0.4 GAL/SY.  than 6 months prior.  significant moisture on1 the surface to receive pavement.  LEE COUNTY, NC  02741-3  SANITARY SEWER EXTENSIONTO NEW COUNTYLIBRARY    3.05 PAVEMENT DESIGN  A. Refer toi the Plan for areas to be paved and the pavement design required fort this project.  Fort this project: 1. 2.  Asphalt Patch: Per Plan Detail Pavement Overlay:  1.5" Asphalt Surface Course (Type 59.5B)  B. Where areas are to be covered with CABC only, an Asphalt Surface Treatment (AST) may be required to be applied toi the surface in accordance with NCDOT Standard Specification 660.  The NCDOT mix design to be approved by the Engineer.  3.06 TESTING  A. The Owner may employ independent materials testing firm and laboratory to perform tests on the work performed under this Specification. Ifre-testing is required due to a failed first test, the Contractor shall pay the cost of the re-testing. Testing willl likely consist of compaction tests with nuclear gage and/or core. samples. However, any test required under NCDOT Standard Specification Section 610 may be conducted for the work performed under this  Specification.  END OF SPECIFICATION 02741  LEE COUNTY,NC  02741-4  SANITARY SEWER EXTENSION TOI NEW COUNTYLIBRARY    SECTION 02935 ESTABLISHING GROUND COVER  PART1-GENERAL 1.01 SCOPE  A. This Specification shall include the work necessary for preparing seedbeds, liming, fertilizing, B. This Specification is for establishing temporary and permanent grass vegetation. This Specification does noti include planting of flowers, shrubbery, or trees (if applicable).  seeding, mulching, sodding, and installing rolled matting.  D. This Specification does noti include the irrigation system (ifapplicable).  1.02 REFERENCE: SPECIFICATIONS, CODES, AND STANDARDS  A. All work shown on the Plans shall comply with the applicable sections of the following standards. All referenced items shall refer to the most recent issue at the time of Bidding. 1. North Carolina Department oft Transportation (NCDOT) Standard Specifications for Roads 2. North Carolina Division of Environmental Quality (NCDEQ) Erosion and Sediment Control  and Structures.  Planning and Design Manual. 3. American Association of Nurserymen (AAN)  PART2-PRODUCIS 2.01 MATERIALS A. Lime  1. Lime shall be dolomitic agricultural limestone containing not less than ten percent  magnesium oxide.  B. Fertilizer  1. Fertilizer shall be standard commercial product. All fertilizer: shall be delivered in bags bearing the manufacturer'si name, the chemical composition, and weight. Ifnot used immediately after delivery, the fertilizer shall be stored in a manner: that will not allowi itt to  harden or degrade.  LEE COUNTY,NC  02935-1  SANITARY SEWERI EXTENSION TOI NEW LIBRARY    2. Fertilizer shall be a commercial 10-10-10 grade, or equivalent quantity on a 1-1-1 ratio 1. Grass seed shall be an approved mixture based on regional and seasonal considerations as 2. Purity oft the seed shall be a minimum of ninety percent and the germination shall be a minimum of eighty-five percent. The seed label shall be a "certified seed", inspected by a. Mixture of tall fescue 40#/acre and red fescue 30#/acre; August 15 thru October 30; b. Mixture of talli fescue 60#/acre and rye 25#/acre; November 11 thru. January 31; d. Mixture of talli fescue 60#/acre and 20#/acre brown top millet; June 1 thru August 15. 1. Mulch shall consist of dry, small grain straw, dry hay, and other suitable material. Mulch material shall conform to NCDOTS Standard Specification 1060-5. 2. Tack shall consist of undiluted emulsified asphalt or other approved binding material. 3. Netting can be lightweight plastic, cotton, jute, wire, or paper material.  Grass Seed  well ast the local project conditions.  the North Carolina Crop Improvement Association.  3. Required seeding mixture:  Same mixture as (a); February 11 thru May 30;  D. Mulch, Tack and Netting (to cover and hold seed)  E. Rolled Matting  1. Rolled Matting used to stabilize steep slopes, ditches, temporary diversions, etc. shall be installed in accordance with NCDOT: Standard Detail 1631.01 and shall comply with NCDOT  Standard Specification 1060-8 and 1631.  PART3 -B EXECUTION  3.01 ESTABLISHING TEMPORARY GROUND COVER  A. Temporary ground cover (seeding) must be established if an areal has been disturbed, grading operations have ceased, and the area and will not receive permanent ground cover within the  timeframes specified ini the Plans or as follows. Permanent Ditches-lr Immediately Slopes 4:1 and steeper- -7days 3. All other areas-140 days  1. 2.  B. Establish temporary ground cover in accordance with the specifications on the Plan. The seeding mixture shall be chosen' by a qualified landscape contractor based on the season and C. Maintain temporary ground cover in accordance with the Plan - Erosion Control Notes Sheet.  project conditions. The mixture shall be approved by the Engineer.  LEEC COUNTY, NC  02935-2  SANITARY SEWERI EXTENSION TOI NEWI LIBRARY    3.02 ESTABLISHING PERMANENT GROUND COVER  A. Permanent ground cover must be established if an area has been disturbed, grading operations have ceased, and the area and will not receive temporary! ground cover within the  timeframes specified in the Plans or asi follows. Permanent Ditches-1 Immediately Slopes 4:1 and steeper-7c days All other areas- - 14 days  1. 2. 3.  B. All roots, stones, and debris shall be removed and the area. shaped to level out high and low spots. The soil shall be scarified to a depth oft three inches and worked into a suitable seed bed by discing, harrowing, raking, or by other approved means. The preparation shall not be done when the soil is frozen, wet, or otherwise in an unfavorable condition. D. Apply fertilizer at the rate of 800 pounds per acre min. Lime shall be applied at a rate of 4,000 pounds per acre min. Distribute fertilizer and lime over the prepared seed bed at the specified application rate and shall be harrowed, raked, or otherwise worked into the seed bed. E.A Apply seed uniformly overt the seed bed and immediately harrowed, raked, or dragged to cover the seed with a layer of soil. After the seed is covered, the seed bed shall be compacted by F. Mulch of approximately two inches loose measurement depth shall be applied to newly seeded areas. Use 1501 to 200 gallons per acre asphalt emulsion when necessary for anchoring F. The Contractor will be responsible fore establishing a dense, vigorous grass cover for a period of three (3) months after the final acceptance by the Owner. Irrigation at the Contractor's G. Areas to receive landscape material such as shredded hardwood mulch, shrub and tree plantings, etc., the installation shall bei in accordance with the Plan-L Landscape Plan and H. Irrigation, if required, shall be at a rate of approximately 0.25 inches/hour. AllI landscaping material shall be ing good condition at the end of the warranty period.  means ofar roller or drag as deemed necessary by the Engineer.  mulch and keep in place until grass roots are growing.  expense may be required.  separate specification (if applicable).  END OF SPECIFICATION 02935  LEE COUNTY, NC  02935-3  SANITARY SEWER EXTENSION1 TOI NEWL LIBRARY    LEE COUNTY GOVERNMENT NORTH CAROLINA  This instrument has been preaudited in the manner required byt the Local Government  Budget and Fiscal Control Act. Caudu Buman Candace Iceman, Finance Director  43/24 Date  NW  7offatApe far Woauy Sanitavy Swer Eylenno  P.O. Box 1968-S Sanford, North Carolina 27331 I (919)718-4605 I LeeCountyNC.gov I @LeeCountyNC    COUN  PROCLAMATION CELEBRATINGTHE CITY OFSANFORD'S 150th ANNIVERSARY  WHEREAS, the City of Sanford (formerly referred to as the "Town of Sanford") was first incorporated WHEREAS, Sanford was named in honor of railroad engineer Col. C.O. Charles Ogden Sanford; and, WHEREAS, while initially located in Moore County, Sanford later became the County seat with the WHEREAS, the Town of. Jonesboro merged tol be included as aj part of Sanford on July 1, 1947; and WHEREAS, the City ofSanfordi is uniquely located int the center ofthe Statel between thel Piedmont-Triad, WHEREAS, Sanford is a prime industrial location and economic hub of central North Carolina with a strong history of manufacturing and current advances in fields such as pharmaceutical, biosciences, and WHEREAS, the City has made significant investments in quality of life improvements including future plans for launching a Central Green-space concept incorporating the Farmers Market on Charlotte. Avenue, restoration ofLittle Buffalo Creek, as well as providing a walkable greenway to the Municipal Center on NOW, THEREFORE, BE ITI PROCLAIMED, that the Lee County Board of Commissioners recognize AND BE IT FURTHER PROCLAIMED, the Lee County Board of Commissioners hereby recognize April 6, 2024 as the official celebration of the City of Sanford's Sesquicentennial and encourage all residents to enjoy and support "the Sanford 150t Birthday Bash" hosted by the City of Sanford this  February 11, 1874 with the Charter going into effect on April 1,1 1874; and,  establishment ofLee County on March 6, 1907; and  Raleigh-Durham Research Triangle Park, and the U.S. Army Fort Liberty; and  other advanced fields; and  Weatherspoon Street;  and celebrate Monday, April 1,2 2024 as the City of Sanford's Sesquicentennial;  Saturday, April 6, 2024 from 10:00 a.m. to 4:00 p.m. at the Lee County Fairgrounds.  Adopted the IS day of April, 2024.  Lee County Board of Commissioners  MaDbde  ATTEST: Whitney  COUNT EL.1SET BR  Parvish, Deputy Clerk to thel Board  wen    BOARD OF COMMISSIONERS COMMUNITY EVENTS POLICY  Lee County Board of Commissioner members are elected to represent all citizens in their district ora at large, and are encouraged to attend community events to familiarize themselves with all In determining what community events to attend, Commissioners must adhere to their adopted 1.1 Which community events to attend are at the discretion of the Commissioner. These events can include training sessions meant to inform or educate the public on issues  constituents opinions and positions.  Ethics Policy. The following also apply to all Commissioners:  relevant to Lee County.  1.2 Commissioners are free to express their opinions at the event but must be cautious not to give the impression that they speak for the whole board unless the board has  considered and voted on the issue.  1.3 The Clerk toi the Board will arrange payment of any admission fee in advance or reimburse the commissioner as requested to defray the cost of admission for the commissioner  when attending community events if the budgeted funds are available.  1.4 The County Manager will include an amount in the Commissioners travel line item  annually to provide funds for community event attendance.  a COUN  Adoptedt thist the-1siday of April, 2024. IRAL  aR  Smith, Chair AAeegan ayCenielasaas  WhimeyPorian, Depuhe/-byw.pard    AN ORDINANCE. AMENDING THE OFFICIAL ZONING MAP  OF THE LEE COUNTY, NORTH CAROLINA  WHEREAS, a request to amend the Official Zoning Map has been received from Jason Wellons to rezone four (4) parcels of land totaling 26.1 +/- acres, owned by Judy R. Wellons and the Charles R. Wellons, II Estate, off of Cox Maddox Road (SR 1527), identified as Lee County Tax Parcels 9661-85-5459-00, 9661-85-3128-00, 9661-85-3300-00, and 9661-85-1128-00, as depicted on Tax Map 9661.02 and 9661.04, from Residential Agricultural (RA) to Residential WHEREAS, said request has been presented to the Planning Board of] Lee County; and WHEREAS, the Lee County Board of Commissioners conducted aj public hearing on March 18, 2024 to: receive citizen input on the requested zoning map amendment; and WHEREAS, the Lee County Board of Commissioners approves the request to amend the NOW, THEREFORE, BE IT ORDAINED BY THE LEE COUNTY BOARD OF The Official Zoning Map is hereby amended to rezone four (4) parcels of land totaling 26.1 +/- acres, owned by Judy R. Wellons and the Charles R. Wellons, II Estate, off of Cox Maddox Road (SR 1527), identified as Lee County Tax Parcels 9661-85-5459-00, 9661-85-3128-00, 9661-85-3300-00, and 9661-85-1128-00, as depicted on Tax Map 9661.02 and 9661.04, from Residential Agricultural (RA) to Residential Restricted (RR). See Exhibit A included for Inr making this decision, the Lee County Board of Commissioners hereby determined that the request was not consistent with the Plan SanLee long range plan designation of Countryside because the recommended density is one unit per two acres, which is larger than the current RA  Restricted (RR); and,  Official Zoning Map ofLee County;  COMMISSIONERS:  reference.  and proposed RR zoning districts require.    ADOPTED this the 1st day of April 2024  COUNTI   AmDomtl KirkD. Smith, Chairman Lee County Board of Commissioners  ATTEST:  Awrym ayHaRCKeAERN  MAplwDAp.hWt iuBwd  APPROVED ASTOFORM: Won  Whitney Parrish, Lee County Attorney    EXHIBIT A 3114 a 3130 E 170  03185  a 38003 SANFORD7 FFGATION TURF  EImn  3b  SITE  USRIHIY  B.  D  0. Elr.  Da  la lE  03565  3837 BNUN  8 1  a  91a sn DD  H A  REZONINGAPPLICATION off of Cox Maddox Road from RAto RR  Rezone four tracts ofland totaling 26.1 acres  PINs: 9661-85-5459-00, 9661-85-3128-00,9861-85-3300.00, and 9661-85-1128-00  This is a graphic illustration and not a legal document.  All information is comprised of layers of data that may or may not align correctly.    MEMORANDUM OF AGREEMENT  THIS MEMORANDUM OF AGREEMENT (MOA) is made and entered into, as oft the date oft the last signature below (the "Effective Date") by and between the City of Sanford and Lee  County.  WITNESSETH  THAT WHEREAS, the City of Sanford Parks Department is holding a July 4, 2024 celebration at the City's portion of Kiwanis Family Park, located at 1800 Wicker Street; and WHEREAS, the City of Sanford's July 4 celebration is set to be held on July 4, 2024 date from the hours of 12:00 p.m. until event cleanup has been conducted by the City; and WHEREAS, the County' 's Parks and Recreation Department is not co-sponsoring the event and WHEREAS, the City of Sanford has requested to use a portion of the County' 's owned park to NOW, THEREFORE, the City of Sanford and Lee County agree to the following terms and THE TERMS AND CONDITIONS OF THIS. AGREEMENT ARE AS FOLLOWS: 1. The City of Sanford is responsible for promoting the event and ensuring the promotion 2. The City of Sanford is wholly responsible for ensuring proper traffic control for people entering and exiting the Park, both during the event, and prior to the event. Ifthe event starts while the County" 's portion oft the park is still open to the public, the City must ensure visitors oft the County park can exit the park prior to the start oft the City'se event. 3. The City has worked with County staff to request the fireworks launch pad to be the grassy area across the bridge at the entrance oft the County' 's walking trails. The launch pad will be fully enclosed and closed off to any persons not working with the fireworks vendor at all times. The grassy area has the Library's Story Walk and outdoor fitness equipment. The pad is expected to be set up in the vicinity ofthe equipment. The City will ensure that no damage occurs to any County structures erected at the park and will 4. Thc City is requesting to begin setting the launch pad site around noon the day of the event. As such, the County will close its park no later than noon to ensure the City has sufficient time to set up the barriers surrounding the launch site. City staff must barricade all trail entrances to the fireworks launch pad. City must ensure no member oft the public can walk into the area where the fireworks will be launched or might land.  will not have staff located at the event; and discharge fireworks for its event; and  conditions:  does not include Lee County Government as a sponsor in any way.  replace any damaged items at City's expense.  1    5. The City must receive all necessary permits to discharge the fireworks and pyrotechnics and provide a copy to the County. The City must purchase the fireworks from a fully licensed vendor. The City must also require the vendor to include the County as an additional insured on the insurance procured for this event. The City shall provide this paperwork to the County thirty days prior to the event start date. Ifthe City fails to provide this paperwork, the County can terminate this agreement. The vendor must be a professional firework company trained, experienced and North Carolina licensed for the pyrotechnics selected. The Vendor and all on-site assistants for the vendor must be permitted or on-site certified, including all subcontractors. No personnel on-site shall be under the influence ofa any alcohol, narcotics or any medication that could adversely 6. The City must provide a copy oft the fully executed agreement with the fireworks vendor tot the County once the contract has been fully executed, but at least sixty days prior July 4, 2024. The City must also provide a full site map showing where each event will take place, including any designation of street closures, designation of parking for the event, and designations of where the trails will be barricaded so no citizen/pedestrian can enter near the launch site. This map must be provided to the County at least sixty days prior to 7. The City, and/or fireworks vendor, shall also list the County as an additional insured for this event. The City shall provide this paperwork to the County thirty days prior to the event start date. Ifthe City fails to provide this paperwork, the County can terminate this 8. After the event begins, but before discharging the fireworks, the City must ensure the weather is appropriate. It must confer with its fire department, the City Fire Marshall, and the County Fire Marshall. Ifthe weather is not in good condition for discharging fireworks, the City shall not discharge the fireworks, and will forgo using the County's property, unless another agreement is executed between the two parties. The City recognizes and acknowledges there are many trees located where they have requested to shoot the fireworks and ifthe conditions oft the trees make it unsafe to shoot the fireworks, the City shall forgo the fireworks for the event. City staff shall use reasonable care when deciding whether to discharge the fireworks based on the safety ofits employees, the attendees, and potential damage to the park property. 9. After the event ends, the City shall clean the site of where the fireworks were discharged, and all County property used during the event. This includes the County' 's park trails and parking lots. This clean up should include any and all trash left by attendees. The fireworks discharge pad shall be restored to the same condition or better condition as to before the event began. The City also agrees to timely clean its own property and parking 10.Ifany debris or ashes are blown off the launch site, the City is responsible for this clean up as well, The City must keep watch oft the site pad for twenty-four hours after the discharge oft the fireworks to. make sure no flown embers creates a fire on City or County  impact judgment, mobility or stability.  July 4, 2024.  agreement.  lot area from any debris after the event.  property.  2    11. The City shall provide appropriate emergency, EMS, and law enforcement personnel at 12.7 The City shall immediately notify the County of any damage to County property that occurred during the event, and the City will be responsible for fixing any and all damage to the County property to the same condition or better condition as to before the event 13. The City of Sanford is solely responsible for any and all liability in connection with this event, and to the extent allowed by law, fully indemnifies and holds Lee County, its officers, agents and employees harmless from any and all liability for any actions, subcontractor disputes, damages, liabilities. costs, injuries, fires, explosions, or any other claims of any kind, directly or indirectly, relating to this event or to the discharge of 14. Lee County is ini no way responsible for the administration and supervision of the City of Sanford'so officers, employees, agents or subcontractors, which are stipulated are not 15.Ifprior to the start of the event, the event is postponed due to weather, the City staffs shall work with County staff to determine a date satisfactory to the County' 's Parks and Recreation Director, and all terms of the agreement will remain in effect until the end of the event on the newly scheduled date. Ifthe parties cannot mutually agree on a date, the request must go to the Board of Commissioners who will retain full decision making  the event at its own expense.  began.  fireworks or to the debris/ash from the fireworks. officers, employees or agents ofLee County.  authority on a newly scheduled date.  This Agreement is effective upon the signatures oft the officials listed below.  Signatures anDates  4/112024 Date  of  TRAL  4-2-2024 Date  - Mayor of Sanford City  Rebecca  Pll  WyhofSalmon,  NORTHCAROLINA, LEEC COUNTY Presented for registration ont this 136ay oMay m,24_#9:SDAMPM recorded In Book 31 Page430 Pamela G. Bilt, Register ofl Deeds  3