HomeMy WebLinkAboutAgenda 10-07-2025; 8-o - County-Wide Parking Lot Resurfacing and Sealing Construction Contract Award
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date:October 7, 2025
Action Agenda
Item No.8-o
SUBJECT: County-Wide Parking Lot Resurfacing and Sealing Construction Contract Award
DEPARTMENT: Asset Management Services,
Finance and Administrative
Services
ATTACHMENT(S):
1. Construction Contract
2. Bid Tabulation
3. Bid Response
INFORMATION CONTACT:
Angel Barnes, 919.245.2628
Jovana Amaro, 919.245.2651
Alan Dorman, 919.245.2658
PURPOSE: To:
1) Approve the County entering into a construction contract with Williams Paving, Inc. for the
resurfacing and seal coating of parking lots for nine (9) Orange County facilities; and
2) Authorize the County Manager to execute the Agreement, subject to final review by the
County Attorney, and any subsequent amendments for contingent and unforeseen
requirements up to the approved budget amount on behalf of the Board.
BACKGROUND: In FY 2024-2025, Orange County, along with Summit Design & Engineering
Services, completed a parking lot assessment. The assessment reflected the current conditions
of the parking lots at Orange County facilities, and a recommended plan for maintenance and
replacement schedules.
Based on the assessment, the scope of work for this contract includes parking lot resurfacing at
the:
Efland Cheeks Community Center
Orange County Fuel Center
Robert & Pearl Seymour Center
Southern Human Services Center
Board of Elections
This parking lot resurfacing provides for:
full-depth patching, milling, and paving;
removing and replacing wheel stops; and
parking lot re-striping.
Also as part of the scope, the following parking lots will receive crack sealing and seal coats to
increase the longevity of the parking lots:
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Animal Services
Whitted Dental (East Lot)
Whitted Health (Southwest Lot)
Emergency Services
In March 2025, Orange County published an Advertisement for Bids. On March 12, 2025, at the
bid closing, Orange County did not receive the required three (3) sealed bids to open. The Bid
Advertisement was republished in June 2025. The County received two (2) sealed bids that were
deemed non-responsive.
In July 2025, Orange County published an Advertisement for Bids, and on August 28, 2025, the
County received six (6) sealed bids from paving pontractors.
The construction contract to complete the work as designed for the County-Wide Resurfacing
construction contract totals $358,011.35, and is recommended for award to Williams Paving.
FINANCIAL IMPACT: The construction agreement cost is $358,011.35. The Board previously
approved funding for this project in the FY 2024-25 and FY 2025-26 Capital Investment Plans.
ALIGNMENT WITH STRATEGIC PLAN: This item supports:
GOAL 1: ENVIRONMENTAL PROTECTION AND CLIMATE ACTION
OBJECTIVE 2. Invest in our infrastructure to reduce the environmental impact of the
County fleet/facilities and improve safety.
OBJECTIVE 6. Protect water supply/watersheds.
RECOMMENDATION(S): The Manager recommends that the Board
1) Approve the County entering into a construction contract with Williams Paving, Inc. for the
resurfacing and seal coating of parking lots for nine (9) Orange County facilities; and
2) Authorize the County Manager to execute the Agreement, subject to final review by the
County Attorney, and any subsequent amendments for contingent and unforeseen
requirements up to the approved budget amount on behalf of the Board.
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[Departmental Use Only]
TITLE Parking Lot Resurfacing
FY 2025-2026
NORTH CAROLINA
CONSTRUCTION AGREEMENT OVER $250,000.00
ORANGE COUNTY
THIS CONSTRUCTION AGREEMENT (hereinafter called “Agreement”), made as of the 8th day of
October, 2025, by and between Williams Paving, Inc, (hereinafter called the “Contractor”), and Orange
County, a political subdivision of the State of North Carolina, (hereinafter called the “County,” “Orange
County,” or “Owner”).
W I T N E S S E T H:
That the Contractor and the Owner, for the consideration herein named, agree as follows:
1. CONTRACT DOCUMENTS; PRIORITY
The Contract Documents consist of this Agreement, the General Conditions which are fully
incorporated in this Agreement, the Request for Proposals, designer approved communications and field
orders, the Proposal, Construction Documents and Drawings and Written Specifications. The Contract
Documents form the Contract. In the event of any inconsistency between or among the Contract Documents
the Contract Documents shall be interpreted in the following order of priority:
a. This Agreement and incorporated General Conditions attached as Exhibit 1.
b. Designer approved and stamped construction documents and drawings and written
specifications.
c. Designer approved communications and field orders.
d. Request for Proposals and addenda thereto.
e. Proposal.
2. SCOPE OF WORK
The Contractor shall furnish and deliver all of the materials, and perform, and be fully responsible
for all of the Work required by this Agreement within the time period stipulated in a written Notice -to-Proceed
to be executed by the Contractor and Owner and in accordance with the following enumerated documents,
which are made a part hereof as if fully contained herein:
a. Construction Drawings prepared by Summit Design & Engineering Services PLLS (Sheet
Attacment A dated August, 2025)
b. Written specifications prepared by the Designer.
c. Williams Paving, Inc proposal dated August 27, 2025 which fully describes the work to be
performed, such work (hereinafter called the “Work”).
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d. Related documents listed under Section 1 above.
3. TERM AND SCHEDULING
a. The Contractor agrees to commence work pursuant to the written Notice-to Proceed.
b. The Contractor agrees to complete substantially all Work included by June 30, 2026.
c. Time is of the essence with respect to all dates specified in the Contract Documents as
Completion Dates.
d. The Contractor shall perform the Work in the time, manner and form required by the Contract
Documents and as stipulated in a written Notice-to-Proceed to be executed by the Contractor
and Owner.
4. STANDARD OF CARE AND DUTIES OF CONTRACTOR
a. The Contractor shall exercise reasonable care and diligence in performing the Work in
accordance with the generally accepted standards of this type of Contractor practice throughout
the United States and in accordance with applicable federal, state and local laws and
regulations applicable to the performance of these services. Contractor is solely responsible
for the professional quality, accuracy, timely completion, and submission of all work.
b. The Contractor shall not load or permit any part of the Work to be loaded with a weight that
will endanger its safety, intended performance or configuration.
c. Contractor shall be responsible for all Contractor, Subcontractor, and Sub-subcontractor errors
or omissions, in the performance of the Agreement together with the errors and omissions of
any agent or employee of the Contractor or any Subcontractor or Sub-subcontractor.
Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes , or
conflicts at no additional cost to the Owner.
d. Contractor is an independent contractor of Owner. Any and all employees of the Contractor
engaged by the Contractor in the performance of any work or services required of the
Contractor under this Agreement, shall be considered employees or agents of the Contractor
only and not of the Owner, and any and all claims that may or might arise under any workers
compensation or other law or contract on behalf of said employees while so engaged shall be
the sole obligation and responsibility of the Contractor.
e. Contractor shall at all times remain in compliance with all applicable local, state, and federal
laws, rules, and regulations including but not limited to all state and federal non-discrimination
laws, policies, rules, and regulations and the Orange County Non-Discrimination Policy and
Orange County Living Wage Policy (each Orange County policy is incorporated herein by
reference and may be viewed at
http://www.orangecountync.gov/departments/purchasing_division/contracts.php ). Any
violation of the Orange County Non-Discrimination Policy is a breach of this Agreement and
County may immediately terminate this Agreement without further obligation on the part of
the County. This paragraph is not intended to limit and does not limit the definition of breach
to discrimination.
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f. If activities related to the performance of this Agreement require specific licenses,
certifications, or related credentials Contractor represents that it and its employees, agents and
subcontractors engaged in such activities possess such licenses, certifications, or credenti als
and that such licenses certifications, or credentials are current, active, and not in a state of
suspension or revocation.
g. The Contractor shall supervise and direct the Work efficiently and with the Contractor’s best
skill and attention. Except as specifically set forth in the Contract Documents the Contractor
shall be solely responsible for the means, methods, techniques, sequences , and procedures of
construction, and for safety precautions and programs in connection with the Work. The
Contractor shall be responsible to see that the finished Work complies accurately with the
Contract Documents.
h. The Contractor shall appoint a competent Project Manager with general authority to manage
the Project for the Contractor. The Contractor shall also keep on the Project at all times during
the Work of the Contractor a competent Resident Superintendent and necessary assistants who
shall not be replaced without prior written approval by the Designer or by the Owner if a
Designer is not retained for the Project.
i. If, in the opinion of the Designer, any Subcontractor on the Project is incompetent or otherwise
unsatisfactory, such Subcontractor shall be replaced by the Contractor with no increase in the
Contract Price if and when directed by the Designer.
j. The Contractor shall attend all progress conferences and all other meetings or conferences.
The Contractor shall be represented at these progress conferences by a representative having
the authority of the Project Manager and by such other representatives as th e Designer may
direct.
k. Costs and expenses of providing samples for and assistance in any testing shall be borne by the
Contractor. Any Work in which untested materials are used without written approval or
written permission of the Owner or Designer shall be removed and replaced at Contractor’s
expense.
l. The Contractor shall obtain all necessary permits including all permits required to complete the
Work in compliance with local, state, and federal law.
5. PAYMENT & TAXES
a. The Owner hereby agrees to pay to the Contractor for the faithful performance of this
Agreement, and the Contractor hereby agrees to perform all of the Work for a sum not-to-
exceed Three Hundred Fifty-Eight Thousand, Eleven Dollars and Thirty-Five Cents Dollars
($358,011.35). Not later than the fifth (5th) day of each calendar month the Contractor shall
submit to the Owner’s Representative, generally the Designer if a Designer is retained on the
Work, a Request for Payment for work done during the previous calendar month.
(i) The Request for Payment shall be in form of a standardized invoice or AIA Document
G702-703 appropriately addressed to Owner’s Representative at 320 Executive Court,
Hillsborough NC 27278 and shall show substantially the value of work done during the
previous calendar month.
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(ii) The amount due for payment shall be ninety-five percent (95%) of the value of work
completed since the last Request for Payment and this amount shall be paid by the
Owner on or before the last business day of the mont h. Owner shall retain five percent
(5%) (the “Retainage”).
(1) Upon Owner’s Representative’s certification that fifty percent (50%) of the
Work has been satisfactorily completed Retainage shall be reduced to two and
one half percent (2½%).
(2) Upon Owner’s Representative’s certification that ninety percent (90%) of the
Work has been satisfactorily completed Retainage may be discontinued.
Retainage may be discontinued, at Owner’s Discretion, so long as work
continues to be completed satisfactorily and on schedule.
(3) The Owner may discontinue withholding retainage in accordance with the
provisions of NCGS-143-(b1)(2) when the project is 50% complete.
(iii) Final payment shall not be due to the Contractor until thirty (30) days after Final
Completion of the Work, including punch list work, has been satisfactorily (as
determined by the County) completed and an appropriate Affidavit, Indemnification,
and Release as required in Section 5.4(e) of Exhibit 1 has been received and approved
by Owner.
b. Should Owner reasonably determine that Contractor has failed to perform the Work related to
a Request for Payment, Owner, at its discretion may provide the Contractor ten (10) days to
cure the breach. Owner may withhold the accompanying payment without penalty until such
time as Contractor cures the breach.
(i) Should Contractor or its representatives fail to cure the breach within ten (10) days, or
fail to reasonably agree to such modified schedule, Owner may immediately terminate
this Agreement in writing, without penalty or i ncurring further obligation to
Contractor.
(ii) This section shall not be interpreted to limit the definition of breach to the failure to
perform the Work related to a Request for Payment.
c. 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. It shall be the Contractor's
responsibility to furnish the Owner documentary evidence showing the materials used and
sales and use tax paid by the Contractor and each of its subcontractors.
d. Should the Owner receive notice that the Contractor has failed to pay a Subcontractor for the
Work performed related to a Request for Payment, Owner shall have the authority to withhold
payment of the disputed amount until parties resolve their dispute. Failure to pay the
Contractor pursuant to this section of the Agreement shall not be deemed to be a breach of the
Agreement.
6. NON–APPROPRIATION
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a. Contractor acknowledges that Owner is a governmental entity, and the validity of this
Agreement is based upon the availability of public funding under the authority of its statutory
mandate.
b. In the event that public funds are unavailable or not appropriated for the performance of
Owner’s obligations under this Agreement, then this Agreement shall automatically expire
without penalty to Owner immediately upon written notice to Contractor of the unavailability
or non-appropriation of public funds. It is expressly agreed that Owner shall not activate this
non-appropriation provision for its convenience or to circumvent the requirements of this
Agreement.
c. In the event of a change in the Owner’s statutory authority, mandate or mandated functions, by
state or federal legislative or regulatory action, which adversely affects Owner’s authority to
continue its obligations under this Agreement, then this Agreement shall automatically
terminate without penalty to Owner upon written notice to Contractor of such limitation or
change in Owner’s legal authority.
7. NOTICES
Any notice required by this Agreement shall be in writing and delivered by certified or registered mail,
return receipt requested to the following:
Owner: Contractor:
Orange County Williams Paving, Inc
Attn: A. Barnes Attn: Gloria Williams
P.O. Box 8181 PO Box 383
Hillsborough, NC 27278 Bailey, NC 27807
8. MISCELLANEOUS
a. Duties and Obligations imposed by the Contract Documents shall be in addition to any Duties
and Obligations imposed by state, federal or local law, rules, regulations and ordinances.
b. No act or failure to act by the Owner or Contractor shall constitute a waiver of any right or
duty granted them under the Contract Documents, nor shall any act or failure to act constitute
any approval except as specifically agreed in writing.
c. The Work shall be tested and inspected as required by the Contract Documents and as required
by law. Unless prohibited by law the costs of all such tests and inspections related to state and
federal codes such as ADA, Administrative, Electr ical, Plumbing, Mechanical and Building
Codes shall be borne by the Contractor. The costs for material and structural testing shall be
conducted by an independent third party at the expense of the Owner. Delays related to any of
the aforementioned tests and inspections shall not be grounds for delaying the completion of
the work. If any such tests and inspections reveal deficiencies in the Work such that the Work
does not comply with terms or requirements of the Contract Documents and the requirements
of any code or law the Contractor is solely responsible for the cost of bringing such
deficiencies into compliance with the terms of the Contract Documents and any code or law.
d. Should the Designer, if a Designer is retained for the project involving the Work, or Owner
reject any portion of the Work for failing to comply with the Contract Documents Contractor
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shall immediately, at Contractor’s expense, correct the Work. Any such rejection may be
made before or after substantial completion. If applicable, any additional expense borne by the
Designer under this section shall be paid at Contractor’s expense.
e. The County has designated (Angel Barnes) to act as the County's representative with respect to
the Project and shall have the authority to render decisions within guidelines established by the
County Manager or the County Board of Commissioners and shall be available during working
hours as often as may be reasonably required to render decisions and to furnish information.
f. The Contractor shall not assign any portion of this Agreement nor subcontract the Work in its
entirety without the prior written consent of the Owner.
g. In the event of a breach by Contractor Owner has sole authority to determine the
reasonableness of Contractor’s actions to remedy such breach or complete the performance of
its obligations.
h. Upon request of the Owner, the Contractor shall submit to County all relevant documentation,
including but not limited to, job cost records, to support its claims for final compensation and
if such request is made final compensation shall not be due until all relevant documentation is
received, reviewed, and approved by Owner.
9. CONSEQUENTIAL DAMAGES
a. Owner and Contractor mutually waive any claim against each other for consequential damages.
Consequential Damages include:
(i) Damages incurred by Owner for loss of use, income, financing, or business.
(ii) Damages incurred by Contractor for office expenses, including personnel, loss of
financing, profit, income, business, damage to reputation, or any other non-direct
damages.
10. ENTIRE AGREEMENT
All of the documents listed, referenced or described in this Agreement, the written Notice -to-Proceed,
together with Modifications made or issued in accordance herewith are the Contract Documents, and the work,
labor, materials, and completed construction required by the Contract Documents and all parts thereof is the
Work. The Contract Documents constitute the entire agreement between Owner and Contrac tor. This
Agreement may be amended only by written instrument signed by both parties. Modifications may be
evidenced by facsimile signatures. If any provision of the Agreement or General Conditions shall be declared
invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect.
[SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and date
first above written in a number of counterparts, each of which shall, without proof or accounting for other
counterparts, be deemed an original contract.
ORANGE COUNTY: CONTRACTOR:
By: _________________________________
Travis Myren, County Manager
By: __________________________________
Samuel Barefoot, Preconstruction
Coordinator
Printed Name and Title
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ORANGE COUNTY—INTERNAL USE ONLY
______________________________________________________________________________
Finance Information
Vendor Name: Williams Paving, Inc Vendor Contact Person: Gloria Williams Phone: 252-235-3586 Address: PO Box 383
City Bailey State: NC Zip: 27807 Department: AMS Amount: $358,011.35 Purpose: Parking Lot Resurfacing at multiply
county facilities Budget Code(s): 61370035-880000-11003 Vendor # TBD
Vendor Status with NCSOS: Current - Active Vendor is a BOCC consultant: Yes No
Contract Details
Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment )
Effective Date 10/08/2025 End Date 06/30/2026 Notice Date (Notice Purpose )
Award
Approved by Board (Agenda Date: 10/7/2025); Made or Administered by AMS
Signature Authority
- BOCC Express Delegation (Agenda Date: 10/7/2025)
- Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000
- Budget Policy Section XV (Capital Improvement Project: 11003 Paving)
Bidding
Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# )
Department Affirmation
This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this
project has not been initiated prior to execution of the agreemen t; OR
This agreement is approved as to technical form and content . Services related to this agreement have already begun or been
completed. Description of the nature of the emergency condition that was addressed:
Department Director’s Signature ________________________________________ Date: ________
Information Technologies
This agreement has been reviewed and is approved as to information technology content and specifications:
Office of the Chief Information Officer___________________________________ Date: ________
Inapplicable because no hardware/software purchases or related services
Risk Management
This agreement is approved for sufficiency of insurance standards, specification s, and requirements:
Office of the Risk Management Officer___________________________________ Date: _________
Financial Services
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act:
Office of the Chief Financial Officer ____________________________________ Date: _________
Legal Services
This agreement is approved as to legal form and sufficiency:
Office of the County Attorney __________________________________________Date: ________
Clerk to the Board
All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov
The following signature block is for hard copies only and is not required for Docusign contracts:
Received for record retention:
Office of the Clerk to the Board __________________________________________Date:_________
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Bid Amount
$409,020.00
$358,011.35
Non-Responsive Bid Received
Ruston Paving
Fred Smith Company
Triangle Grading and Paving
Rose Paving
Orange Co. Parking Lot Resurfacing
Bid Tabulation
Project Num: 367-OC5453(R-2)
8/28/25, 11:00 AM
Williams Paving
Contractor
Turner Asphalt
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