HomeMy WebLinkAboutAgenda 06-02-2026; 8-i - Approval of Construction Contract Award - Resurfacing of Little River Regional Park Driveway, Parking Area, and ADA Walking Trail 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 2, 2026
Action Agenda
Item No. 8-i
SUBJECT: Approval of Construction Contract Award — Resurfacing of Little River Regional
Park Driveway, Parking Area, and ADA Walking Trail
DEPARTMENT: Environment, Agriculture, Parks
and Recreation (DEAPR)
ATTACHMENT(S): INFORMATION CONTACT:
1. Draft Construction Contract Dave Stancil, DEAPR Director, 919-
2. Bid Tabulation 245-2522
3. Bid Response Marabeth Carr, DEAPR Landscape
Architect, (919) 245-2516
Ardra Webster, DEAPR Business
Officer, (919) 245-2660
Jovana Amaro, Finance Manager-
Purchasing, (919) 245-2651
PURPOSE: To:
1) Approve the County entering into a construction contract with Lanier Construction
Company for the resurfacing of the driveway, parking area, and ADA walking trail at Little
River Regional Park and Natural Area; and
2) Authorizing the County Manager to execute the Agreement, subject to final review and
approval 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: Little River Regional Park & Natural Area is a 391-acre partnership between
Durham and Orange counties. Opened in 2004, it offers over 15 miles of trails and a variety of
outdoor recreation opportunities while protecting much of the natural and rural character of the
land. The park's centerpiece is the Little River, recognized as one of North Carolina's cleanest
waterways. Its vibrant ecosystem supports river otters, beavers, and rare freshwater mussels.
Through an interlocal agreement, the park is owned by both counties and managed/operated by
Orange County. The driveway, parking area, and trail have not been resurfaced since their
inception and need repair to ensure visitor safety.
In February 2025, the County contracted with a consulting firm, Summit Engineers, to provide
complete construction plans and specifications to bid re-surfacing the driveway, parking lot, and
walking trail with full-depth asphalt paving. As per the interlocal agreement, Durham County would
pay 50% of the engineering and construction contracts.
An Advertisement for Bids was issued by Orange County in early April 2026. Because the
mandatory three (3) sealed bids were not received by the April 29, 2026, deadline, the project
2
was re-advertised in early May 2026. At the second bid opening on May 19, 2026, three (3)
responsive sealed bids were received (see attached Bid Tabulation). The low bid was $293,110,
which was revised to $287,710 after adjustments for add alternates and asphalt instead of
concrete.
The construction contract to complete the work as designed for the resurfacing of the driveway,
parking area, and ADA walking trail at Little River Regional Park totals $287,710 and is
recommended for award to Lanier Construction Company. The contract stipulates that the work
is to occur in July 2026, with a start date to be determined after July 4, 2026. Paving work is
allowed only between Monday and Thursday. The park will be closed during the days of this work,
and the public will be notified via website, news releases, and social media of the work and closure
once the dates are determined.
FINANCIAL IMPACT: The lowest responsible bid was $287,710 with Lanier Construction Company.
Orange County's share of the project is $143,855. Durham County will fund the remaining 50%.
Funding for this project comes from previously approved funds in the Little River Park capital
project account.
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.
OBJECTIVE 7. Conserve and protect high-priority open space, including Natural
Heritage sites, nature preserves, watershed riparian buffers, and prime/threatened
farmland.
RECOMMENDATION(S): The Manager recommends that the Board:
1) Approve the County entering into a construction contract with Lanier Construction
Company for the resurfacing of the Little River Regional Park driveway, parking area, and
ADA walking trail; and
2) Authorize the County Manager to execute the Agreement, subject to final review and
approval by the County Attorney, and any subsequent amendments for contingent and
unforeseen requirements up to the approved budget amount on behalf of the Board.
3
[Departmental Use Only]
TITLE LRRP Repaving
FY 25-26
NORTH CAROLINA
CONSTRUCTION AGREEMENT OVER $250,000.00
ORANGE COUNTY
THIS CONSTRUCTION AGREEMENT (hereinafter called "Agreement"), made as of the 3rd day of
June, 2026, by and between Lanier Construction Company, 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").
WITNESSETH:
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 and Engineering Services (Sheet
S1,S2,S3,S4,S5,S6,S7 and S8 dated 2-18-2026)
b. Written specifications prepared by the Designer.
c. Resurfacing Contract Little River Park proposal dated May 19, 2026 which fully describes the
work to be performed, such work(hereinafter called the "Work").
Revised 01/24 1
4
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 July 31,2026.
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.oran eg cogg=c. ovg /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.
Revised 01/24 2
5
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 credentials
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 the 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.
1. 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 two hundred eightseven thousand, seven hundred and ten Dollars ($287,710.00). 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
(ii) Hillsborough, NC 27278 and shall show substantially the value of work done during
the previous calendar month.
Revised 01/24 3
6
(iii) 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 month. 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(21/2%).
(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-(bl)(2)when the project is 50% complete.
(iv) 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 incurring 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
Revised 01/24 4
7
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 Lanier Construction Company, Inc.
Attn: Ardra Webster Henry Lanier,President
P.O. Box 8181 1505 Browntown Rd.
Hillsborough,NC 27278 Snow Hill,NC 28580
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, Electrical, 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
Revised 01/24 5
8
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 (Andra Webster) 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 Contractor. 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]
Revised 01/24 6
9
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: By:
Travis Myren, County Manager Henry, Lanier, President Lanier
Construction Company, Inc.
Printed Name and Title
Revised 01/24
10
ORANGE COUNTY-INTERNAL USE ONLY
Finance Information
Vendor Name: Lanier Construction Company,Inc. Vendor Contact Person: Henry Lanier Phone:252-286-6736 Address:
1505 Browntown Rd City Snow Hill State:NC Zip:28580 Department: DEAPR Amount: $287,710.00 Purpose:
Resurfacing driveway,narking area and ADA trail at Little River Regional Park Budget Code(s): 61370035 880000 20040
Vendor#
Vendor Status with NCSOS: 0083405 Vendor is a BOCC consultant: ❑Yes ®No
Contract Details
Contract Type: ®New ❑Amendment(Original Contract: )(Most Recent Amendment )
Effective Date 6-03-2026 End Date 7-31-2026 Notice Date 7-6-2026(Notice Purpose to rop teed)
Award
® Approved by Board(Agenda Date: 6-2-2026); ❑ Made or Administered by DEAPR
Signature Authority
®BOCC Express Delegation(Agenda Date: 6-2-2026)
- Policy 9.4: ❑Under$5,000; ❑ Service Under$90,000; ❑ Construction Under$250,000
® Budget Policy Section XV(Capital Improvement Project: Little River Phase II 20040)
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 agreement;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,specifications,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:
Revised 01/24 8
11
Received for record retention:
Office of the Clerk to the Board Date:
Revised 01/24 9
12
Little River Park Resurfacing Project# 367-005481(RB-1)
5/19/26, 2:00 PM
Bid Tabulation
Contractor Bid Amount
Lanier Construction Co. Inc. $293,110.0::
Ruston Paving Co. Inc. $360,952.00
Turner Asphalt $410,228.50
Little River Park Resurfacing Project# 367-005481(RB-1)
5/19/26, 2:00 PM
Bid Tabulation
'Bid Alternate`
Contractor Bid Amount
Lanier Construction Co. Inc. $287,710.00
Ruston Paving Co. Inc. $338,552.00
Turner Asphalt $398,388.50
13
ORANGE COUNTY ASSET MANAGEMENT -LITTLE RIVER PARK
301 LITTLE RIVER PARK WAY,ROUGEMONT,NC 27572
CONTRACT PROPOSAL
ORANGE COUNTY
ITB NUMBER: 367-005481(RB-1)
DESCRIPTION: PAVING,INCIDENTAL MILLING,REMOVING ASPHALT/TREE ROOT,
POURING ADA CONCRETE PARKING SPACES,REMOVING AND REPLACING WOODEN
WHEEL BUMP STOPS, INSTALLING TRUNCATED DOMES,INSTALLING 15"DRAINAGE
PIPE,LAYING GRAVEL,INSTALLING SPEED TABLES,AND PARKING LOT RE-
STRIPING
BID OPENING: MAY 19TH, 2026
NOTICE:
ALL BIDDERS SHALL COMPLY WITH ALL APPLICABLE LAWS REGULATING THE
PRACTICE OF GENERAL CONTRACTING AS CONTAINED IN CHAPTER 87 OF THE
GENERAL STATUTES OF NORTH CAROLINA WHICH REQUIRES THE BIDDER TO BE
LICENSED BY THE N.C. LICENSING BOARD FOR CONTRACTORS WHEN BIDDING
ON ANY NON-FEDERAL AID PROJECT WHERE THE BID IS $50,000 OR MORE,
EXCEPT FOR CERTAIN SPECIALTY WORK AS DETERMINED BY THE LICENSING
BOARD OR SBE PROJECT. BIDDERS SHALL ALSO COMPLY WITH ALL OTHER
APPLICABLE LAWS REGULATING THE PRACTICES OF ELECTRICAL, PLUMBING,
HEATING AND AIR CONDITIONING AND REFRIGERATION CONTRACTING AS
CONTAINED IN CHAPTER 87 OF THE GENERAL STATUTES OF NORTH CAROLINA.
r�n'�oy av-�", co L
NAME OF BIDDER N.C.CONTRACTOR'S LICENSE NUMBER
ADDRESS OF BIDDER
RETURN BIDS TO: ORANGE COUNTY FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT
131 WEST MARGARET LANE,SUITE 300,HILLSBOROUGH,NC 27278
ATTN:JOVANA AMARO,FINANCE MANAGER-PURCHASING
14
INSTRUCTIONS TO BIDDERS
PLEASE READ ALL INSTRUCTIONS CAREFULLY BEFORE PREPARING AND
SUBMITTING YOUR BID.
All bids shall be prepared and submitted in accordance with the following requirements. Failure to comply with
any requirement shall cause the bid to be considered irregular and shall be grounds for rejection of the bid.
1. The bid sheet with the proposal shall be used and shall not be altered in any manner. DO NOT SEPARATE THE
BID SHEET FROM THE PROPOSAL!
2. All entries on the bid sheet,including signatures,shall be written in ink.
3. The Bidder shall submit a unit price for every item on the bid form. The unit prices for the various contract items
shall be written in figures.
4. An amount bid shall be entered on the bid sheet for every item. The amount bid for each item shall be determined by
multiplying each unit bid by the quantity for that item and shall be written in figures in the"Amount Bid"column of
the sheet.
5. The total amount bid shall be written in figures in the proper place on the bid sheet. The total amount shall be
determined by adding the amounts bid for each item.
6. Changes in any entry shall be made by marking through the entry in ink and making the correct entry adjacent thereto
in ink. A representative of the Bidder shall initial the change in ink.
7. The bid shall be properly executed. All bids shall show the following information:
a. Name of individual,firm,corporation,partnership,or joint venture submitting bid.
b. Name and signature of individual or representative submitting bid and position or title.
C. Name,signature,and position or title of witness.
d. Federal Identification Number(or Social Security Number of Individual)
e. Contractor's License Number(if Applicable)
8. Bids submitted by corporations shall bear the seal of the corporation.
9. The bid shall not contain any unauthorized additions,deletions,or conditional bids.
10. The bidder shall not add any provision reserving the right to accept or reject an award,or to enter into a contract
pursuant to an award.
11. THE PROPOSAL WITH THE BID SHEET STILL ATTACHED MAY BE PLACED IN A SEALED
ENVELOPE AND SHALL HAVE BEEN DELIVERED TO AND RECEIVED BY:
TIME: 2:00 PM
DATE:MAY 19TH,2026
12, If delivered by mail,the sealed envelope shall be placed in another sealed envelope and the outer envelope shall be
addressed as follows:
ORANGE COUNTY FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT
131 WEST MARGARET LANE,SUITE 300,HILLSBOROUGH,NC 27278
ATTN:JOVANA AMARO,FINANCE MANAGER—PURCHASING
AWARD OF CONTRACT
The award of the contract, if it be awarded,will be made to the lowest responsible Bidder
in accordance with Section 102 (excluding 102-2 and 102-11) of the NCDOT Standard
Specifications for Roads and Structures 2024. The lowest responsible BIDDER will be
notified that his bid has been accepted and that he has been awarded the contract. The
Owner reserves the right to refect any or all bids.
15
Orange County Bid Checklist:
The following forms must be returned with your bid submittal:
�• Completed and Signed Bid Documents
• Bid Bond in the amount of 5%of your total bid (Pgs. 9-15)
E-Verify Affidavit(Pg.47)
Living Wage Documentation (Pg. 48)
Signed Non-Discrimination Ordinance (Pgs. 59-60)
Affidavit A(Listing of Good Faith Efforts)or Affidavit B (Intent to Perform Contract
with Own Workforce) (Pgs. 64-65)
Supplemental Vendor Information, Historically Underutilized Businesses and
Identification of HUB Certified/Minority Business Participation (Pgs. 69-70)
Safety Record (Pgs. 71-74):
o OSHA DART Incident Rate w/OSHA Form 300
o EMR information
o Answers to all yes/no questions
o Written explanation if safety record is not representative of performance
***If the above documents are not provided,your bid will be deemed non-responsive***
Please note:Affidavit C or Affidavit D will be submitted only by the apparent lowest
responsive, responsible bidder.
Affidavit C: Portion of the Work to be Performed by HUB Certified/Minority Businesses (if
the portion of the work to be executed by minority businesses is equal to or greater than
10%of the bidder's total contract price)
Affidavit D: Good Faith Efforts (if the 10% participation goal is not achieved,the bidder
must provide supporting documentation of their good faith efforts)
16
TABLE OF CONTENTS
SECTION PAGE#
ADVERTISEMENT FOR BIDS 1
INFORMATION FOR BIDDERS 2 -3
BID DOCUMENT 4- 5
BID FORM 6 -7
LIST OF SUBCONTRACTORS 8
BID BOND 9 - 15
PAYMENT BOND 16-24
PERFORMANCE BOND 25 -27
CONSTRUCTION AGREEMENT 28 -35
ORANGE COUNTY GENERAL CONDITIONS G1 -G47
GENERAL PROVISIONS 36 -38
PROJECT SPECIAL PROVISIONS 39 -46
E-VERIFY AFFIDAVIT 47
LIVING WAGE POLICY 48
W-9 FORM 49
DISPUTE RESOLUTION &PROCEDURES 50 -54
NON-DISCRIMINATION ORDINANCE &CERTIFICATION 55 - 60
MINORITY BUSINESS PARTICIPATION REQUIREMENTS 61 - 63
MBE AFFIDAVITS 64 -68
HISTORICALLY UNDERUTILIZED BUSINESSES IDENTIFICATION 69 - 70
CONTRACTOR SAFETY RECORD 71 -74
ORANGE COUNTY MINIMUM INSURANCE REQUIREMENTS 75 -76
PLAN SHEETS S-1 -S-8
17
ADVERTISEMENT FOR BIDS
Sealed bids will be received until 2:00 PM EST on May 19"',2026 for the paving,
incidental milling, removing asphalt/tree root, pouring ADA concrete parking stalls,
removing and replacing wooden wheel bump stops, installing truncated domes, installing
15" drainage pipe, laying gravel, installing speed tables, and parking lot re-striping.
The required Bid Documents may be mailed or hand delivered to the address listed below
before May 19t" at 2:00 PM.
Orange County Finance and Administrative Services Department
131 West Margaret Lane, Suite 300, Hillsborough,NC 27278
ATTN: Jovana Amaro, Finance Manager—Purchasing
A virtual Pre-Bid meeting will be held on May 1211' at 2:00 PM. The meeting will be
a Microsoft Teams meeting hosted by Summit Design and Engineering Services.
Pre-Bid Meeting Link: htti)s://teams.microsoft.com/l/meetup-
ioin/19%3ameeting NmMxOGI4NiktM2EwNS00ZmJiLThhZmItN2E50DNIMiOw
Y210%40thread.v2/0?context--%7b%22Tid%22%3a%221205635f-9cac-4896-b9ee-
60d306d67314%22%2c%220id%22%3a%2243Oe9299-Oa79-4f16-8841-
5a23b7278d7d%22%7d
The scope of work includes: Paving,Incidental Milling, Removing Asphalt/Tree Root,
Pouring ADA Concrete Parking Spaces,Removing and Replacing Wooden Wheel
Bump Stops, Installing Truncated Domes, Installing 15" Drainage Pipe, Laying
Gravel,Installing Speed Tables, and Parking Lot Re-Striping.
Contractors offering proposals on this project must be licensed to do the specified type of
contracting in the State of North Carolina.
Bidders must make positive efforts to utilize minority businesses. The Owner has
developed a goal of ten percent (10%) for participation of minority business
enterprises in construction contracts awarded pursuant to NCGS 143-128(c). Bidder
shall be required to submit identification of firms and Affidavits as required in the
Bid Form.
Complete plans, specifications and contract documents will be open for inspection at
Summit Engineering and Design Services, 320 Executive Court, Hillsborough,NC
27278. Copies of the contract, specifications and plans may be obtained by contacting
Kaylee Fender, with Summit Design and Engineering Services at
kaylee.fender@summitde.com. Hard copies of these contract documents shall require a
$50.00 non-refundable payment. Summit accepts major credit cards and cashier's checks.
Electronic copies are available at no charge by contacting Kaylee Fender, with Summit
Design and Engineering Services at kaylee.ferrder@summitde.com.
1
18
INFORMATION FOR BIDDERS
BIDS will be received by Jovana Amaro at 131 West Margaret Lane, Suite 300, Hillsborough,NC
27278 until 2:00 PM EST on May 191", 2026. BIDS may be mailed or delivered to said address.
Orange County—Little River Park hereinafter will be called the"OWNER"
All BIDS must be made on the required BID form. All blank spaces for BID prices must be filled
in, in ink or typed, and the BID form must be fully completed and executed when submitted. Only one
copy of the BID form is required.
The OWNER may waive any informalities or minor defects or reject any and all BIDS. Any BID
may be withdrawn prior to the above scheduled time for the opening of BIDS or authorized
postponement thereof. Any BID received after the time and date specified shall not be considered. No
BIDDER may withdraw a BID within 60 days after the actual date of the opening thereof. Should there
be reasons why the contract cannot be awarded within the specified period; the time may be extended by
mutual agreement between the OWNER and the BIDDER.
BIDDERS must satisfy themselves of the accuracy of the estimated quantities in the BID
Schedule by examination of the site and review of the drawings and specifications including
ADDENDUMS.
The CONTRACT DOCUMENTS contain the provisions required for the construction of the
PROJECT. Information obtained from an officer, agent, or employee of the OWNER or any other
person shall not affect the risks or obligations assumed by the CONTRACTOR or relieve him from
fulfilling any of the conditions of the contract.
A Bid BOND is required to be submitted along with the completed bid package. The Bid Bond is
to be 5 percent of the total bid amount.
A performance BOND and a payment BOND, each in the amount of 100 percent of the
CONTRACT PRICE, with a corporate Surety approved by the OWNER, will be required for the faithful
performance of the contract.
Attorneys-in-fact who sign payment BONDS and performance BONDS must file with each
BOND a certified and effective dated copy of the power of attorney.
The party to whom the contract is awarded will be required to execute the Agreement and obtain
the performance BOND and payment BOND within ten (10) calendar days from the date when NOTICE
OF AWARD is delivered to the BIDDER. In case of failure of the BIDDER in default, the BOND
accompanying the proposal shall become the property of the OWNER.
Within ten(10) days of receipt of acceptable performance BOND and payment BOND, the
OWNER shall sign the Agreement and return to such party whom the contract was awarded an executed
duplicate of the Agreement. Should the OWNER not execute the Agreement within such period, the
2
19
BIDDER may with WRITTEN NOTICE, withdraw his signed Agreement. Such notice of withdrawal
shall be effective upon receipt of the notice by the OWNER.
The NOTICE TO PROCEED shall be issued within ten (10) days of the execution of the
Agreement by the OWNER. If the NOTICE TO PROCEED has not been issued within the ten (10) day
period or within the period mutually agreed upon, the CONTRACTOR may terminate the Agreement
without further liabilities on the part of either party.
The OWNER may make sure such investigations as he/she deems necessary to determine the
ability of the BIDDER to perform the WORK, and the BIDDER shall furnish to the OWNER all such
information and date for this purpose as the OWNER may request. The OWNER reserves the right to
reject any BID if the evidence submitted proves incompetency of the contractor.
All applicable laws, ordinances, and the rules and regulations of all authorities having
jurisdiction over construction of the PROJECT shall apply to the contract throughout.
Each BIDDER is responsible for inspecting the site and for reading and being thoroughly
familiar with the CONTRACT DOCUMENTS. The failure or omission of any BIDDER to do any of the
foregoing shall in no way relieve any BIDDER from any obligation in respect to his BID.
The Awarded BIDDER shall supply the names and addresses of major material SUPPLIERS and
SUBCONTRACTORS when requested to do so by the OWNER.
3
20
BID DOCUMENT
Resurfacing Contract
Little River Park
Proposal of (b,, ��n C
(hereinafter called "BIDDER") organized and existing under the Laws of the State of North Carolina,
doing business as Ur�br(i, 1),
*, to
Orange County—Little River Park(hereinafter called"OWNER").
*Insert"a corporation," "a partnership," or"an individual" as applicable.
In compliance with your Advertisement for BIDS, BIDDER hereby proposes to perform all
WORK,,in strict accordance with the CONTRACT DOCUMENTS,within the time set forth therein,
and at the prices listed below.
By permission of this BID, each BIDDER certifies, and in the case of a joint BID, each party
thereto certifies as to his own organization,that this BID has been arrived at independently, without
consultation, communication, or agreement as to any matter relating to this BID with any other BIDDER
or with competitor.
BIDDER hereby agrees to commence WORK under this contract on or before a date to be
specified in the NOTICE TO PROCEED and to fully complete the PROJECT within the specified
consecutive calendar days thereafter, as provided in the General Conditions and the Bid Schedule.
BIDDER further agrees to pay as liquidated damages the amount stated in the Bid Schedule for each
consecutive calendar day work is done beyond the completion date, as provided in the General
Conditions.
BIDDER acknowledges receipt of the following ADDENDUM:
Adder,a��, I 41a-31Q(,
BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for the
following unit prices or hump sum:
NOTE: BIDS shall include sales tax and all other applicable taxes and fees. Contracts will be
awarded on the basis of low bid.
4
21
If Bidder is;
An Individual
Name(type or print);
By: (SEAL)
Doing business as:
Business address:
Phone: Fax:
A Partnership
Partnership Name: (SEAL)
By:
(Signature of general Partner—attach evidence of authority to sign)
Name(type or print):
Business Address:
Phone; Fax:
A Corporation
Corporation Name: LUt5r Lz Cz, LvC_
State of Incorporation;
Type ---
(General Business,Professional, Service, LLC)
By:
(Signature— ttach,,``e__vidence of authority to sign)
Name(type or 5ri,-',-,,A
nt): 4"y-.A
Title;
Attest: (CORPORATE SEAL)
Business Address;
Phone; Fax:
Date of Qualification to do business:
5
22
23
LITTLE RIVER PARK
BID FORM
ITEM SPEC DESCRIPTION QUANTITY UNIT UNIT AMOUNT BID
SECTION PRICE
1 800 Mobilization 1.00 LS
2 610 Asphalt one.Surface Course,Type S9.5B 935.00 TNS °® Q l)
3 607 Incidental Milling 40.00 Sy
4 SP Asphalt Removal/Tree Root 155.00 SY .®®
5 SD-3 ADA Concrete Parking Pavement 16,00 CY
6 SP Remove and Replace Wooden Wheel Bump 40.00 EA
Stops 4x6 e
7 SD-3 Truncated Domes 2.00 EA
8 SD-2 Install 15"Drainage Pipe 23.00 LF I,V. �� �, ®•
9 SP Gravel#67 Stone 576.00 SY 75 I 0
4
10 SD-1 Speed Tables 3.00 EA 00,0e 000
11 1205 Handicap Symbols 4.00 EA Got do
12 1205 4"White Pavement Marking Lines 1,075.00 LF
13 1205 24"White Pavement Marking Lines 48,00 LF ®� �•
14 1205 Paint Symbols(Arrows) 4.00 EA o® !A ®�� 6
15 SP 1.5"Borrow 50,00 CY
16 SP Pedestrian Crossing Sign 1.00 EA q co. •� p
TOTAL BID FOR PROJECT: `� 4 1 w l�
6
24
ADD ALTERNATE NO 1:
ITEM SPEC DESCRIPTION QUANTITY UNIT UNIT AMOUNT BID
SECTION PRICE
ITEM
600 ASPHALT ADA PARKING PAVEMENT, 8.00 TNS n6 ► ���
S9.5B 5 "
A 19
TOTAL BID FOR ADD ALTERNATE NO. I : 6
CONTRACTOR-
ADDRESS 1 l )�� (�� c uvmuc vr1 M A'.� t h�� �� C-)
Federal Identification Number 6 6 k(Af�),5 Contractors License Number �l
Authorized Agent �Ven _( Title Tr-P Si A n4
Signature 2�--------� Date 5110\ 14l-
Witness� `fen Title f
Signature` �Q �,�,�. Date s I � lad'
7
25
LIST OF SUBCONTRACTORS
All Bidders shall provide the following information regarding all subcontractors.
Subcontractor I Address Phone
4V I eT OVIS W
cc,
Gt)O l L
26
27
BID BOND
ORANGE COUNTY-LITTLE
RIVER PARK RESURFACING
Principal: Lanier Construction Company, Inc.
Name of Principal Contractor
Surety: The Ohio Casualty Insurance Company _
Name of Surety
Contract Number: 367-005481 _ County: Orange
Date of Bid: May 19, 2026
KNOW ALL MEN BY THESE PRESENTS, That we, the PRINCIPAL CONTRACTOR(hereafter,PRINCIPAL)
and SURETY above named, are held and firmly bound unto the Department of Transportation in the full and just
sum of five (5) percent of the total amount bid by the Principal for the project 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,
NOW, THEREFORE, the condition of this obligation is: the Principal shall not withdraw its bid within sixty (60)
days after the opening of the bids, or within such other time period as may be provided in the proposal, and if the
Board of Transportation shall award a contract to the Principal, the Principal shall, within fourteen (14) calendar
days after written notice of award is received by him,provide bonds with good and sufficient surety,as required for
the faithful performance of the contract and for the protection of all persons supplying labor, material, and
equipment for the prosecution of the work, In the event the Principal requests permission to withdraw his bid due to
mistake in accordance with the provisions of Article 103-3 of the Standard Specifications for Roads and Structures,
the conditions and obligations of this Bid Bond shall remain in full force and effect until the Department of
Transportation makes a final determination to either allow the bid to be withdrawn or to proceed with award of the
contract, In the event a determination is made to award the contract,the Principal shall have fourteen(14)calendar
days to comply with the requirements set forth above. In the event the Principal withdraws its bid after bids are
opened except as provided in Article 103-3, or after award of the contract has been made fails to execute such
additional documents as may be required and to provide the required bonds within the time period specified above,
then the amount of the bid bond shall be immediately paid to the Department of Transportation as liquidated
damages.
IN TESTIMONY WHEREOF,the Principal and Surety have caused these presents to be duly signed and sealed.
Thisthe 19th dayof _Mair_ 20 26
The Ohio Casualty Insurance Company
Surety
4I`f INs&
�JA4O{lPOggr
F y �,Jlzhp&
o By
y0 2�'aAMPg�'�da�o eneral Agent or Attorney-in-Fact Signature
Seal of Surety Elizabeth D. Drum,Attorney-In-Fact
Print or type Signer's Name
9
28
29
BID) BOND
CORPORATION
SIGNATURE OF CONTRACTOR(Principal)
Lanier Construction Company, Inc.
Full name of Corporation
1505 Browntown Rd., Snow Hill, NC 28580
Address as prequalified
By ,
Signature i sid�ee,,,,�,_.pprqpriate
President, ssistant Vice President
title
Henry Lanier
Print or type Signer's name
Affix Corporate Seal
Attest ^
Signature
Select appropriate title
Prentice Lanier
Print or type Signer's name
10
30
31
10� i ert . POWER OF ATTORNEY
Mutual., Liberty Mutual Insurance Company
SURETY The Ohio Casualty Insurance Company
West American Insurance Company
KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly
organized under the laws of the State of Indiana(herein collectively called the"Companies'),pursuant to and by authority herein set forth,does hereby name,constitute and appoint
Elizabeth D.Drum all of the city of Charlotte ,state of NC its true and lawful attorney-in-fact,with full power and authority hereby conferred to sign,
execute and acknowledge the following surety bonds,undertakings,recognizances,contracts of indemnity,and all other surety obligations related thereto,the execution of which shall
be binding upon the Companies as if it had been duly signed and executed by its own officers:
Principal Name: Lanier Construction Company Inc
Obllgee Name: Orange County
Surety Bond Number: Bid Bond Bond Amount:.See.Bond Form
IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 19th day of, May 2026
Liberty Mutual Insurance Company
�V tNsu� ,�v ws& 1NSUR4 The Ohio Casualty Insurance Company
�a1 t°moo r��ci J onRPD�,r�r SVP Sot PDR,'Ro 2 West American Insurance Company
s
Um tn
91912,x" ° s$ 1919 4� a d 1991
vi dg��sacwus�N�a ��hAMv�N�if �S�rNv�ANPaa3� By: C-
W 7 ` t ti� ` M ' Nathan J.Zangede,Assistant Secretary o
C STATE OF PENNSYLVANIA ss �?
co COUNTY OF MONTGOMERY 0-Co
M c�
m On this 19th day of May 2026 ,before me personally appeared Nathan J.Zangede,who acknowledged himself to be the Assistant Secretary of Liberty o E
a) Mutual Insurance Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing Instrument
ofor the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
> •—
@ IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written.
0
>�
' Commonwoa,"of Ponnsg6vania•Notary Seal CO
p Teresa Pastella,Notary Public ®�
CL 0
Montgomery County [,G (yL T
My ournm;ssion expires March 28,2029 By:
a)
Commission number 1128044
'<p
Teresa Pastei'la,Notary Public
C N P Member,PennsAvarna Association of Nota6es p
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company,Liberty Mutual q o
m Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: o 0
ARTICLE IV-OFFICERS:Section 12.Power of Attorney. —N
o 00
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the o
CZI
President may prescribe,shall appoint such attorneys-in-fact,as maybe necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety tl 0')
M any and all undertakings,bonds,recognizances and other surely obligations.Such attomeys-in-fact,subject to the limitations set forth in their respective powers of attorney, o 0
'a >, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such
W c instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attomey-in-fact under the m
provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority, z,m
cs
Z U ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. o
Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, -0 `r'
shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, T
bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall have full power to bind LL QL
the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding
as if signed by the president and attested by the secretary.
Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes Nathan J.Zangede,Assistant Secretary to appoint such
attomeys-infact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recogrnzances and
other surety obligations.
Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary
of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the
Company with the same force and effect as though manually affixed.
I,Renee C.Llewellyn,the undersigned,Assistant Secretary,of Liberty Mutual Insurance Company,The Ohio Casualty Insurance Company,and West Arnerican Insurance Company
do hereby certify that this power of attorney executed by said Companies is in full force and effect.and has not been revoked.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 19th day of May 2026
P4 VN8U'? PSI,( INS& �1NSU'?
4oaP0q,�ro2�r�+ c01'`—'I'U' VP6oµPorrgr 9+
F U $ rn q 3 vo�'tt
1912 1919¢ o 4 1991 o By
y�nt 'ND,Aot- as Renee C.Llewellyn,Assistant Secretary
LMIC,OCIC,WAIC-SutePath_012025
32
33
STATE OF NORTH CAROLINA
AFFIDAVIT
ORANGE COUNTY
I, H O X1lS�,,( (the individual attesting below), being duly authorized by and on behalf of
I
l CtiYIIO C � ,�'l �ny C�ki�n L,1►)c (the entity bidding on project hereinafter"Employer") after first being duly
sworn hereby swears or affirms as follows:
1. Employer understands that E-Verify is the federal E-Verify program operated by the United States
Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify
the work authorization of newly hired employees pursuant to federal law in accordance with NCGS§64-25(5).
2. Employer understands that Employers Must Use E-Verify. Each employer,after hiring an employee to work
in the United States,shall verify the work authorization of the employee through E-Verify in accordance with
NCGS§64-26(a).
3. Employer is a person, business entity, or other organization that transacts business in this State and that
employs 25 or more�mployees in this State. (mark Yes or No)
a. YES '�1 , or
b. NO
4. Employer's subcontractors comply with E-Verify, and if Employer is the winning bidder on this project
Employer will ensure compliance with E-Verify by any subcontractors subsequently hired by Employer.
This Iiq day of M( , 203
Signature offiant
Print or Type ame: �_
State of North Carolina, LP V10 i r- County
Signed and sworn to (or affirmed) before me,this the
ph
day of , 2020
Z
t7a .
My Commission Expires: vk
eJ)o a®Z 0 ofjzo(ao,�
Notary Publi
47
34
Section I: General Government and Administration
Policy 10.0: Living Wage Contractor Policy
Reviewed by: County Attorney/County Manager
Approved by: County Manager
Original Effective Date: July 1,2017
Revisions:
Policy Statement
It is the policy of Orange County to ensure its employees, and all individuals who provide services for Orange
County, are paid a living wage.
Purpose
To encourage all vendors and contractors to pay a living wage to all employees who perform work pursuant to a
contract with Orange County,
Applicability
Applies to all Orange County contracts and purchases.
Policy
10.1 Living Wage
10.1.1 Orange County is committed to providing its employees with a living wage and encourages all
contractors and vendors doing business with Orange County to pursue the same goal. Orange County's
living wage is $14.95 per hour. To the extent possible, Orange County recommends that contractors
and vendors seeking to do business with Orange County provide a living wage to their employees.
10.L2 Prior to final execution of a contract with Orange County all contractors and vendors seeking to
do business with Orange County shall submit to the County's representative a statement indicating
whether those employees who will perform work on the Orange County contract are paid at least the
living wage amount set out above. If such employees do not make at least the living wage amount set
out above the contractor or vendor shall indicate in the statement the actual amount paid to such
employees. For bid projects this statement should be submitted as part of the bid packet.
This policy may be reviewed annually and updated as needed by the Manager's Office
48
35
FORM W-9
[Rev,1-92; Rev. 10-94
for Division Contract Use]
Pursuant to Internal Revenue Service Regulations, vendors must furnish their Taxpayer
Identification Number (TIN) to the State. If this number is not provided,you may be
subiect to a 3l% withholding on each payment. To avoid this 31%withholding and to
insure that accurate tax information is reported to the Internal Revenue Service and the
State, please use this form to provide the requested information exactly as it appears on
file with the IRS.
Legal Business Name
Address
9 Digit Taxpayer Identification Number
Social Security Number
Federal Employer Identification Number Flo- ��r0\SSS
Business Designation (Check One) Individual (Soc.Sec. #)
Sole Proprietorship (Soc.Sec. #)
Partnership (Fed. ID)
Estate/Trust(Fed. ID)
V Corporation(Fed. ID)
Public Service Corporation(Fed. ID)
Governmental/Non-Profit(Fed. ID)
Under penalties of perjury, I declare that I have examined this request and to the best of
my knowledge and belief, it is true, correct, and complete. I have not been notified by the
IRS that I am subject to backup withholding for failure to report income.
Name(Print or Type name of individual-not company) Title(Print or Type)
Signature Date Telephone Number
49
36
37
ORANGE COUNTY NONDISCRIMINATION CERTIFICATION
The undersigned bidder or proposer hereby certifies and agrees that the following
information is correct:
1. In preparing its enclosed bid or proposal, the undersigned bidder or proposer has
considered all bids and proposals submitted from qualified, potential subcontractors and
suppliers, and has not engaged in discrimination as defined in Section 12-52 of the
Orange County Non-discrimination Ordinance.
2. Without limiting any other remedies that Orange County may have for a false
certification, it is understood and agreed that, if this certification is false, such false
certification will constitute grounds for Orange County to reject the bid or proposal
submitted with this certification, and terminate any contract awarded based on such bid
or proposal. It shall also subject the bidder or proposer to disqualification from
participating in county contracts or bid processes for up to two years.
3. As a condition of contracting with Orange County, the undersigned bidder or
proposer agrees to promptly provide to Orange County all information and
documentation that•may be requested by Orange County from time to time regarding
the solicitation and selection of suppliers and subcontractors in connection with this
solicitation process. Failure to maintain or failure to provide such information constitutes
grounds for Orange County to reject the bid or proposal and to terminate, without
penalty to Orange County, any contract awarded on such bid or proposal. All such
information and documentation shall be maintained for a period of three years after the
expiration of the contract.
4. As part of its bid or proposal, the undersigned bidder or proposer shall provide to
Orange County a list of all instances within the past ten years where a complaint was
filed or pending against bidder or proposer in a legal or administrative proceeding
alleging that bidder or proposer discriminated against its subcontractors, vendors,
suppliers, or commercial customers, and a description of the status or resolution of that
complaint, including any remedial action taken.
5. As a condition of submitting a bid or proposal to Orange County the undersigned
bidder or proposer agrees to comply with the Orange County Non-discrimination
Ordinance. Falsification of this certification shall constitute a violation of the Orange
59
38
County Non-Discrimination Ordinance and shall be grounds for rejection of the bid or
proposal or termination of an existing contract, without fault or further obligation to
Orange County.
6. As a condition of submitting a bid or proposal to Orange County the undersigned
bidder or proposer agrees that Orange County may consider the information submitted
as part of this certification in its determination of the responsibility of the undersigned
bidder or proposer. The undersigned bidder or proposer, as the case may be, waives
the right to challenge the rejection of a bid or proposal when such rejection is based, in
its entirety, on information submitted as part of this certification.
The bidder or proposer certifies the undersigned has full authority to sign on its behalf.
By: 6�. �.
o
Printed Na e and Title
On behalf of
Company orC ro porate name
Date: � l� ���
60
39
MINORITY BUSINESSES PARTICIPATION REQUIREMENTS
Orange County has established a verifiable ten percent(10%) minority business participation
goal for the total monetary value of this project. Verifiable goal means that the awarding
authority has adopted written guidelines specifying the actions that the prime contractor must
take to ensure a good faith effort in the recruitment and selection of minority businesses for
participation in contracts awarded; the required actions must be documented in writing by the
contractor to the appropriate awarding authority. These guidelines are published to accomplish
that end.
DEFINITIONS:
Minority- a person who is a citizen or lawful permanent resident of the United States and
who is:
a. Black, that is, a person having origins in any of the black racial groups in Africa;
b. Hispanic, that is, a person of Spanish or Portuguese culture with origins in
Mexico, South or Central America, or the Caribbean Islands, regardless of race;
c. Asian American, that is, a person having origins in any of the original peoples of
the Far East, Southeast Asia and Asia, the Indian subcontinent, the Pacific Islands;
d. American Indian or Alaskan Native, that is, a person having origins in any of the
original peoples of North America; or
e. Female.
Socially and Economically Disadvantaged Individual:
Socially disadvantaged individuals are those who have been subjected to racial or ethnic
prejudice or cultural bias because of their identity as a member of a group without regard
to their individual qualities. Economically disadvantaged individuals are those socially
disadvantaged individuals whose ability to compete in the free enterprise system has been
impaired due to diminished capital and credit opportunities as compared to others in the
same business area who are not socially disadvantaged.
Minority Business - means a business:
a. In which at least fifty-one percent (51%) is owned by one or more minority
persons, or in the case of a corporation, in which at least fifty-one percent (51%)
of the stock is owned by one or more minority persons; and
b. Of which the management and daily business operations are controlled by one or
more of the minority persons who own it; and
c. is certified in one of the MWBE categories as defined by the NC Department of
Administration/Historically Underutilized Business (HUB) and the NC
Department of Transportation/Disadvantaged Business Enterprise (DBE).
Bidder Responsibilities:
Under the single prime contract system, the prime contractor will:
a. Attend the scheduled Prebid conference.
b. Identify or determine those work areas of a contract where MBEs may have an interest in
performing contract work.
61
40
C. At least ten (10) days prior to the scheduled day of bid opening,notify certified MBEs of
potential contracting opportunities listed in the proposal. The notification will include the
following:
1. A description of the work for which the bid is being solicited.
2. The date,time and location where bids are to be submitted.
3. The name of the individual within the agency/institution who will be available
to answer questions about the project.
4. Where bid documents may be reviewed.
5. Any special requirements that may exist, such as insurance, licenses,bonds and
financial arrangements.
d. During the bidding process, comply with the contractor(s)requirements listed in the
proposal for minority participation.
e. Submit with the bid a description of that portion of the work to be executed by MBEs
expressed as a percentage of the total price.
f. Identify the MBEs the bidder intends to use on the contract, along with the dollar amount
of the work to be performed by each minority business.
g. Submit an affidavit that details the good faith efforts taken to procure minority business
participation.
h. Upon being named the apparent low bidder, the bidder shall provide the necessary
documentation as listed in the contract documents.Failure to comply with procedural
requirements as defined in contract documents may render that bid as non-responsive and
may result in rejection of the bid and award to the next lowest responsible and responsive
bidder.
i. Upon being named apparent low bidder, the bidder shall provide an affidavit that lists the
proportion of the work to be performed by MBEs. If the MBEs do not account for ten
percent (10%) of the contract price, the bidder must submit an affidavit that verifies
the bidder's good faith efforts by certifying that it has undertaken at least five of the
following ten (10) steps:
1. Contacted minority businesses that reasonably could have been expected to
submit a quote and that were known to the contract or available on these State or
local government-maintained lists at least ten (10) days before the bid or proposal
date and notifying them of the nature and scope of the work to be performed.
2. Made the construction plans, specifications, and requirements available for review
by prospective minority businesses, or providing these documents to them at least
ten (10) days before the bid proposals are due.
3. Broke down or combined elements of work into economically feasible units to
facilitate minority participation.
4. Worked with minority trade, community, or contractor organizations identified by
the Office of Historical Underutilized Businesses and included in the bid
documents that provided assistance in recruitment of minority businesses.
5. Attended any prebid meetings scheduled by the public owner.
62
41
6. Provided assistance in getting required bonding or insurance or providing
alternatives to bonding or insurance for subcontractors.
7. Negotiated in good faith with interested minority businesses and did not reject
them as unqualified without sound reasons based on their capabilities. Any
rejection of a minority business based on lack of qualifications should have the
reasons documented in writing.
8. Provided assistance to an otherwise qualified minority business in need of
equipment, loan capital,lines of credit, or joint pay agreements to secure loans,
supplies, or letters of credit, including waiving credit that is ordinarily required.
Assisted minority businesses in obtaining the same unit pricing with the bidder's
suppliers in order to help the minority businesses in establishing credit.
9. Negotiated joint venture and partnership arrangements with minority businesses
in order to increase opportunities for minority business participation on a public
construction or repair project when possible.
10. Provide quick pay agreements and policies to enable minority contractors and
suppliers to meet cash-flow demands.
j. During the construction of the project, if it becomes necessary to replace an MBE
subcontractor, advise the owner of the circumstances involved.
k. If, during the construction of a project, additional subcontracting opportunities
become available, make a good faith effort to solicit subbids from MBEs.
63
42
Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid
State of North Carolina AFFIDAVIT A- Listing of Good Faith Efforts
County of Ger -n,V_
(� (Name of Bidder)
Affidavit of ( �5 L_ 1� � �� CqJ t--,C_
I have made a good faith effort to comply under the following areas checked:
Bidders must earn at least 50 points from the good faith efforts listed for their bid to be
Lsidered responsive. (1 NC Administrative Code 30 1.0101)
-(10 pts)Contacted minority businesses that reasonably could have been expected to submit a quote and
that were known to the contractor, or available on State or local government maintained lists, at least 10 days
efore the bid date and notified them of the nature and scope of the work to be performed.
2--(10 pts) Made the construction plans, specifications and requirements available for review by prospective
minority businesses, or providing these documents to them at least 10 days before the bids are due.
❑ 3-(15 pts) Broken down or combined elements of work into economically feasible units to facilitate minority
participation.
❑ 4-(10 pts)Worked with minority trade, community, or contractor organizations identified by the Office of
Historically Underutilized Businesses and included in the bid documents that provide assistance in
,r-e-cruitment of minority businesses.
�.I 5-(10 pts)Attended prebid meetings scheduled by the public owner.
❑ 6-(20 pts) Provided assistance in getting required bonding or insurance or provided alternatives to bonding
or insurance for subcontractors.
❑ 7-(15 pts) Negotiated in good faith with interested minority businesses and did not reject them as
unqualified without sound reasons based on their capabilities. Any rejection of a minority business based on
lack of qualification should have the reasons documented in writing.
❑ 8-(25 pts) Provided assistance to an otherwise qualified minority business in need of equipment, loan
capital, lines of credit, or joint pay agreements to secure loans, supplies, or letters of credit, including waiving
credit that is ordinarily required. Assisted minority businesses in obtaining the same unit pricing with the
bidder's suppliers in order to help minority businesses in establishing credit.
❑ 9-(20 pts) Negotiated joint venture and partnership arrangements with minority businesses in order to
increase opportunities for minority business participation on a public construction or repair project when
,-,
possible.
LJ/10-(20 pts) Provided quick pay agreements and policies to enable minority contractors and suppliers to
meet cash-flow demands.
The undersigned, if apparent low bidder, will enter into a formal agreement with the firms listed in the
Identification of Minority Business Participation schedule conditional upon scope of contract to be
executed with the Owner. Substitution of contractors must be in accordance with GS143-128.2(d)
Failure to abide by this statutory provision will constitute a breach of the contract.
The undersigned hereby certifies that he or she has read the terms of the minority business
commitment and is authorized to bind the bidder to the commitment herein set forth.
Date: S �q Name of Authorized Officer: r
Signature:
t>ostop x�
Title:
Ile
❑ m State of County of (�f10t r
SEAL Subscribed and s t to before me its day of /`�Cr 20 -2,6
Notary Public
My commission expires
r �
MBP -ftQ_2Q02-Revised July 2010
64
43
Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid
State of North Carolina --AFFIDAVIT B-- Intent to Perform Contract
with Own Workforce.
County of
Affidavit of
(Name of Bidder)
I hereby certify that it is our intent to perform 100% of the work required for the
contract.
(Name of Project)
In making this certification, the Bidder states that the Bidder does not customarily subcontract elements
of this type project, and normally performs and has the capability to perform and will perform all
elements of the work on this project with his/her own current work forces; and
The Bidder agrees to provide any additional information or documentation requested by the owner in
support of the above statement. The Bidder agrees to make a Good Faith Effort to utilize minority
suppliers where possible.
The undersigned hereby certifies that he or she has read this certification and is authorized to bind the
Bidder to the commitments herein contained.
Date: Name of Authorized Officer:
Signature:
STitle:
SEAL
State of County of
Subscribed and sworn to before me this day of 20_
Notary Public
My commission expires
MBForms 2002-Revised July 2010
65
44
45
Supplemental Vendor Information: HISTORICALLY UNDERUTILIZED BUSINESSES
Vendor Name: G11 1'lC Date: 0 ljW
Per G.S. 143-128.4, Historically Underutilized Businesses(HUBs)consist of minority,women and disabled
business firms that are at least fifty-one percent (51%) owned and operated by an individual(s) who are
members of the following groups: Black, Hispanic, Asian American, American Indian, Female, Disabled,
Disadvantaged.
The Vendor shall respond to question No 1 and No 2 below.
1) Is Vendor a Historically Underutilized Business? S2/Yes ❑ No
If yes, please select from the following:
Eth 'city: :,male
er Disabled
�4lack VN
❑ Hispanic El Female
❑ Asian American
❑ American Indian
2) Is Vendor Certified with North Carolina as a Historically Underutilized Business? Yes ❑ No
If so, state HUB classification:
Any questions concerning NC HUB certification, contact the North Carolina Office of Historically
Underutilized Businesses at(919)807-2330.
69
46
Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid
Identification of HUB Certified/ Minority Business Participation
(Name of Bidder)
do hereby certify that on this project, we will use the following HUB Certified/minority business as
construction subcontractors, vendors, suppliers or providers of professional services.
Firm Name, Address and Phone# Work Type *Minority **HUB
Category Certified
Y/N
pin L'r- 00 MAV U41 on Co, )ix
5 3 r n act
*Minority categories: Black, African American (B), Hispanic(H), Asian American (A)American Indian (1),
Female (F) Socially and Economically Disadvantaged (D)
**HUB Certification with the state HUB Office required to be counted toward state participation goals.
p4
The total value of minority business contracting will be
MBForms 2002-Revised July 2010
70
47
Contractor's Safety Record Information
The Contractor's safety record shall be reviewed and evaluated in addition to other quality and
performance criteria as part of bid evaluation process. Failure to provide the requested
information and documentation may result in rejection of your bid as non-responsive.
Accordingly, all bidders must submit the following information regarding their safety record.
The following definitions shall apply to this section:
"DART incident rate"—Acronym for"Days Away, Restrictions and Transfers". The
DART incident rate may be used to show the relative level of injuries and illnesses within
a firm compared to the industry. It is based only on those injuries and illnesses severe
enough to warrant"Days Away, Restrictions and Transfers", The DART incident rate is
calculated using OSHA's Form 300 and the following formula:
((Number of entries in column H (days away from work) + column I (job transfer or
restriction) x 200,000)/(Number of hours worked by all employees) =DART Incident
rate.
"EMR"—Acronym for"Experience Modification Rate,"is an indicator of a contractor's
past safety performance, widely used by the insurance industry as an equitable means of
determining premiums for workers' compensation insurance. The rating system considers
the average workers' compensation losses for a given firm's type of work and amount of
payroll and predicts the dollar amount of expected losses to be paid by that employer in a
designated rating period,usually three years. The rating is based on comparison of firms
doing similar types of work, and the employer is rated against the average expected
performance in each work classification. Losses incurred by the employer for the rating
period are then compared to the expected losses to develop an experience rating.
"OSHA"—Acronym for the Federal Occupational Health and Safety Administration.
The term"OSHA"as used in this Policy also refers to any state or local agency having
jurisdictional authorization to enforce worker safety requirements and assess fines or
warnings for violation of worker safety standards.
1. OSHA DART Incident Rate. Provide the bidder's DART Incident Rate
calculated from OSHA's Form 300 for the last three years and the other required
information shown in the example table below. The bidder-must attach all suppol°ting
documentation and calculations including certified OSHA forms.
71
48
YEAR CONTRACTOR INDUSTRY INDUSTRY FIELD AND CODE
DART DART
INCIDENT RATE INCIDENT RATE
o
rLb
2. Experience Modification Rate (EMR). Provide the bidder's most recent
Experience Modification Rate (EMR)based on insurance claims history. The bidden
must provide the source of the EMR information and contact information of insurer entity
providing the EMR.
YEAR CONTRACTOR INDUSTRY FIELD AND NAME AND CONTACT
EMR CODE INFO FOR EMR
IN,F�ORMATION
3. Answer the following OSHA Specific Questions:
(a) Within the last 2 years, has the bidder received any citations classified by
OSHA as being(1) serious, (2) willful and/or(3)repeat violations where your
company operates? e /1
Yes No
If yes, attach a copy of each such citation and violation.
(b) Has the bidder experienced any work-related fatalities within the last five
years? ,/
Yes No
72
49
(c) Has the bidder had any citations issued by OSHA as a result of work
related fatalities within the past 5 years?
Yes No
(d) Is the bidder under'investigation for any work-related fatalities?
nv
Yes No "'
(e) If your answer is "yes" to 3(b), (c)or(d),provide a copy of the citation(s),
list of number(s) of fatalities and documented explanation of the fatality.
4. Safety Plan:
(a) Does the company have a written safety program that includes
responsibility for all aspects of safety management?
Yes No
(b) Does the company have a written plan for safety training of new
employees and ongoing training of existing employees?
Yes V No
(c) Does the company have documented evidence of safety training that they
have condl�cted?
Yes No
(d) If the company has employees with limited English ability, does the
company have a written plan for ensuring that their employees understand the
training they are being given?
Yes r No
(e) Do all supervisors have an appropriate documented level of OSHA training
(e.g., a minimum of 30 hour OSHA construction safety training)?
Yes— No
73
50
(f) Do employees have documented basic OSHA 10 hour construction safety
training?
Yes V No
(g)Does the company have a documented Hazard Communication Program?
Yes No
5. Required Written Explanation of Safety Record. If the bidder has any of the following:
(a) DART incident raterg_eater than its industry average, (b) an EMR greater than 1.0, (c)
answered"yes"to any of the OSHA Specific Question above, or(d) answered"no"to any of the
Safety Plan questions, the bidder shall provide the County, in its bid, a detailed written
explanation of its safety record and the reasons why such safety history is NOT representative of
its future performance and what specific actions it has taken to improve its overall safety record.
Failure to provide a written explanation of its safety record pursuant to this paragraph may be
deemed as non-responsive by the County.
74
51
Orange County Asset Management
Little River Park Resurfacing Project # 367-005481
ORANGE COUNTY
NORITI CAROLINA
Addendum #1
Item #1 —The date of completion has been extended to June 30th, 2026.
Item #2 —Work should be performed on Mondays — Thursdays, as Little River
Park cannot close on Fridays — Sundays.
Item #3 —Line item #10, "Surface Mounted Speed Bumps," has been replaced
with "Speed Tables." Please use the attached revised bid form with your bid
submittal.
By signing below, I acknowledge that I have read and understand the content of
the above addendum. I also agree to submit the attached bid form with my bid
submittal.
Reviewed By: Date:
' r 51,C 1