HomeMy WebLinkAboutOTHER-2026-048-Approval of Construction Contract Award – Resurfacing of Little River regional Docusign Envelope ID : 5A54D6CA 17E6 836A 8308 91DAOC3AF9A1 D \ ` ` Cn P ,r C) (, ..Ot t %
[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 16th 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 frilly responsible
for all of the Work required by this Agreement within the time period stipulated in a written Noticc4o -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- 18w2026)
b . Written specifications prepared by the Designer.
c . Resurfacing Contract Little River Park proposal dated May 19 , 2026 which frilly describes the
work to be performed , such work (hereinafter called the "Work") .
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d . Related documents listed under Section I above .
3 . TERM AND SCHEDULING
a . The Contractor agrees to commence work pursuant to the written Notice4o 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 all 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
coin pensation or other law or contract oil 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 , ►•ides , 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
littp : //www . orangecountync . 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 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 foil 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 .
T'he 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 j
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 suns 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 ,
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(1 ) 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
(11 ) Hillsborough , NC 27278 and shall show substantially the value of work done during
the previous calendar month .
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The amount due for payment shall be ninety- five percent (950/0) 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
(51/o) (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 (2 %z%) .
(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 l has been received and approved
by Owner. I
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 tail to cure the breach within ten ( 10) days , of
fail to reasonably agree to such modified schedule , Owner may immediately terminate
this Agreement in writing , without penalty or incurring further obligation to !
Contractor .
( i1 ) This section shall not be interpreted to limit the definition of breach to the failure to j
perform the Work related to a Request for Payment , j
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 j
responsibility to furnish the Owner documentary evidence showing the materials used and 3
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 .
be In the event that public fiends 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 .
e • 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
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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 .
be 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 writInge
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 sliall 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 , j
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 DoGUIllentS 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 (Ardi •a Webslei) 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 Coin missioners 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 . I
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9 . CONSEQUENTIAL DAMAGES
a . Owner and Contractor mutually waive any claim against each other for consequential damages .
Consequential Damages include :
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( 1 ) 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
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All of the documents listed , referenced oi• described in this Agreement , the written Notice - to - Proceed ,
together with Modifications made or issued in accordance herewith are the Contract Documents , and the wor k ,
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 ol• 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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Docusign Envelope ID : 5A54D6CA- 17E6-836A-8308-91DAOC3AF9A1
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 :
DocuSigned by: DocuSigned by:
By ; fiVaiS Vt to By ,
tTuM1r=Mrtff,4. County Manager AfenIF 4,0E W', President Lanier
Construction Company, Inc .
Printed Name rind Title
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