ORANGE COUNTY ASSET MANAGEMENT - LITTLE RIVER PARK

301 LITTLE RIVER PARK WAY, ROUGEMONT, NC 27572

CONTRACT PROPOSAL

ITB NUMBER: 367-OC5481(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.

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

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 reject any or all bids.

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)

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

ADVERTISEMENT FOR BIDS

Sealed bids will be received until 2:00 PM EST on May 19th, 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 19th 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 12th at 2:00 PM. The meeting will be a Microsoft Teams meeting hosted by Summit Design and Engineering Services.

Pre-Bid Meeting Link: https://teams.microsoft.com/l/meetup-join/19%3ameeting_NmMxOGI4NjktM2EwNS00ZmJiLThhZmItN2E5ODNlMjQw

Y2I0%40thread.v2/0?context=%7b%22Tid%22%3a%221205635f-9cac-4896-b9ee-

60d306d67314%22%2c%22Oid%22%3a%22430e9299-0a79-4f16-8841-

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.fender@summitde.com.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_NmMxOGI4NjktM2EwNS00ZmJiLThhZmItN2E5ODNlMjQwY2I0%40thread.v2/0?context=%7b%22Tid%22%3a%221205635f-9cac-4896-b9ee-60d306d67314%22%2c%22Oid%22%3a%22430e9299-0a79-4f16-8841-5a23b7278d7d%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NmMxOGI4NjktM2EwNS00ZmJiLThhZmItN2E5ODNlMjQwY2I0%40thread.v2/0?context=%7b%22Tid%22%3a%221205635f-9cac-4896-b9ee-60d306d67314%22%2c%22Oid%22%3a%22430e9299-0a79-4f16-8841-5a23b7278d7d%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NmMxOGI4NjktM2EwNS00ZmJiLThhZmItN2E5ODNlMjQwY2I0%40thread.v2/0?context=%7b%22Tid%22%3a%221205635f-9cac-4896-b9ee-60d306d67314%22%2c%22Oid%22%3a%22430e9299-0a79-4f16-8841-5a23b7278d7d%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NmMxOGI4NjktM2EwNS00ZmJiLThhZmItN2E5ODNlMjQwY2I0%40thread.v2/0?context=%7b%22Tid%22%3a%221205635f-9cac-4896-b9ee-60d306d67314%22%2c%22Oid%22%3a%22430e9299-0a79-4f16-8841-5a23b7278d7d%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NmMxOGI4NjktM2EwNS00ZmJiLThhZmItN2E5ODNlMjQwY2I0%40thread.v2/0?context=%7b%22Tid%22%3a%221205635f-9cac-4896-b9ee-60d306d67314%22%2c%22Oid%22%3a%22430e9299-0a79-4f16-8841-5a23b7278d7d%22%7d

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 19th, 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

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.

BID DOCUMENT

Resurfacing Contract

Little River Park

Proposal of

(hereinafter called “BIDDER”) organized and existing under the Laws of the State of North Carolina, doing business as

*, 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:

BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for the following unit prices or lump sum:

NOTE: BIDS shall include sales tax and all other applicable taxes and fees. Contracts will be awarded on the basis of low bid.

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: __________________________________________________

State of Incorporation: ___________

Type ___________________________

(General Business, Professional, Service, LLC)

By: ____________________________________________

(Signature – attach evidence of authority to sign)

Name(type or print): ___________________________

Title: ___________________________

Attest: __________________________ (CORPORATE SEAL)

Business Address:

Phone: ___________________________Fax:_____________________________

Date of Qualification to do business: ___________

LITTLE RIVER PARK

BID FORM

ITEM SPEC

SECTION

DESCRIPTION QUANTITY UNIT UNIT

PRICE

AMOUNT BID

1 800 Mobilization 1.00 LS

2 610 Asphalt Conc. Surface Course, Type S9.5B 935.00 TNS

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

Stops (4x6)

40.00 EA

7 SD-3 Truncated Domes 2.00 EA

8 SD-2 Install 15” Drainage Pipe 23.00 LF

9 SP Gravel #67 Stone 576.00 SY

10 SD-1 Speed Tables 3.00 EA

11 1205 Handicap Symbols 4.00 EA

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

15 SP 1.5” Borrow 50.00 CY

16 SP Pedestrian Crossing Sign 1.00 EA

TOTAL BID FOR PROJECT:_________________________

ADD ALTERNATE NO 1:

ITEM SPEC

SECTION

DESCRIPTION QUANTITY UNIT UNIT

PRICE

AMOUNT BID

1 600 ASPHALT ADA PARKING PAVEMENT,

S9.5B

8.00 TNS

TOTAL BID FOR ADD ALTERNATE NO. 1 :_________________

CONTRACTOR__________________________________________________________________________________________

ADDRESS______________________________________________________________________________________________

Federal Identification Number_____________________________Contractors License Number_______________________

Authorized Agent______________________________________Title_______________________________________________

Signature_______________________________________________________________Date____________________________

Witness______________________________________________Title_______________________________________________

Signature_______________________________________________________________Date____________________________

LIST OF SUBCONTRACTORS

All Bidders shall provide the following information regarding all subcontractors.

Subcontractor Address Phone

ORANGE COUNTY - LITTLE

RIVER PARK RESURFACING

Kaylee.Fender Text Box

Kaylee Fender

ORANGE COUNTY - LITTLE RIVER PARK RESURFACING

Kaylee Fender Text Box

ORANGE COUNTY - LITTLE RIVER PARK RESURFACING

Kaylee Fender Text Box

Kaylee Fender

Revised 01/24 28

[Departmental Use Only]

TITLE

FY

NORTH CAROLINA

CONSTRUCTION AGREEMENT OVER $250,000.00

ORANGE COUNTY

THIS CONSTRUCTION AGREEMENT (hereinafter called “Agreement”), made as of the day of , 20 , by and between , (hereinafter called the “Contractor”), and Orange County, a political subdivision of the State of North Carolina, (hereinafter called the “County,” “Orange County,” or “Owner”).

W I T N E S S E T H:

That the Contractor and the Owner, for the consideration herein named, agree as follows:

1. CONTRACT DOCUMENTS; PRIORITY

The Contract Documents consist of this Agreement, the General Conditions which are fully incorporated in this Agreement, the Request for Proposals, designer approved communications and field orders, the Proposal, Construction Documents and Drawings and Written Specifications. The Contract Documents form the Contract. In the event of any inconsistency between or among the Contract Documents the Contract Documents shall be interpreted in the following order of priority:

a. This Agreement and incorporated General Conditions attached as Exhibit 1.

b. Designer approved and stamped construction documents and drawings and written specifications.

c. Designer approved communications and field orders.

d. Request for Proposals and addenda thereto.

e. Proposal.

2. SCOPE OF WORK

The Contractor shall furnish and deliver all of the materials, and perform, and be fully responsible for all of the Work required by this Agreement within the time period stipulated in a written Notice-to-Proceed to be executed by the Contractor and Owner and in accordance with the following enumerated documents, which are made a part hereof as if fully contained herein:

a. Construction Drawings prepared by (Sheet dated )

b. Written specifications prepared by the Designer.

c. proposal dated , 20 which fully describes the work to be performed, such work (hereinafter called the “Work”).

Revised 01/24 29

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 , 20 .

c. Time is of the essence with respect to all dates specified in the Contract Documents as Completion Dates.

d. The Contractor shall perform the Work in the time, manner and form required by the Contract Documents and as stipulated in a written Notice-to-Proceed to be executed by the Contractor and Owner.

4. STANDARD OF CARE AND DUTIES OF CONTRACTOR

a. The Contractor shall exercise reasonable care and diligence in performing the Work in accordance with the generally accepted standards of this type of Contractor practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Contractor is solely responsible for the professional quality, accuracy, timely completion, and submission of all work.

b. The Contractor shall not load or permit any part of the Work to be loaded with a weight that will endanger its safety, intended performance or configuration.

c. Contractor shall be responsible for all Contractor, Subcontractor, and Sub-subcontractor errors or omissions, in the performance of the Agreement together with the errors and omissions of any agent or employee of the Contractor or any Subcontractor or Sub-subcontractor.

Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes, or conflicts at no additional cost to the Owner.

d. Contractor is an independent contractor of Owner. Any and all employees of the Contractor engaged by the Contractor in the performance of any work or services required of the Contractor under this Agreement, shall be considered employees or agents of the Contractor only and not of the Owner, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Contractor.

e. Contractor shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal non-discrimination laws, policies, rules, and regulations and the Orange County Non-Discrimination Policy and Orange County Living Wage Policy (each Orange County policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php). Any violation of the Orange County Non-Discrimination Policy is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination.

http://www.orangecountync.gov/departments/purchasing_division/contracts.php

Revised 01/24 30

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.

l. The Contractor shall obtain all necessary permits including all permits required to complete the Work in compliance with local, state, and federal law.

5. PAYMENT & TAXES

a. The Owner hereby agrees to pay to the Contractor for the faithful performance of this Agreement, and the Contractor hereby agrees to perform all of the Work for a sum not-to-exceed Dollars ($ ). 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 and shall show substantially the value of work done during the previous calendar month.

Revised 01/24 31

(ii) The amount due for payment shall be ninety-five percent (95%) of the value of work completed since the last Request for Payment and this amount shall be paid by the Owner on or before the last business day of the 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 (2½%).

(2) Upon Owner’s Representative’s certification that ninety percent (90%) of the Work has been satisfactorily completed Retainage may be discontinued.

Retainage may be discontinued, at Owner’s Discretion, so long as work continues to be completed satisfactorily and on schedule.

(3) The Owner may discontinue withholding retainage in accordance with the provisions of NCGS-143-(b1)(2) when the project is 50% complete.

(iii) Final payment shall not be due to the Contractor until thirty (30) days after Final Completion of the Work, including punch list work, has been satisfactorily (as determined by the County) completed and an appropriate Affidavit, Indemnification, and Release as required in Section 5.4(e) of Exhibit 1 has been received and approved by Owner.

b. Should Owner reasonably determine that Contractor has failed to perform the Work related to a Request for Payment, Owner, at its discretion may provide the Contractor ten (10) days to cure the breach. Owner may withhold the accompanying payment without penalty until such time as Contractor cures the breach.

(i) Should Contractor or its representatives fail to cure the breach within ten (10) days, or fail to reasonably agree to such modified schedule, Owner may immediately terminate this Agreement in writing, without penalty or 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 32

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 Attn:

P.O. Box 8181 Hillsborough, NC 27278

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 33 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 ( ) 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 34

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: __________________________________

Printed Name and Title

Revised 01/24 35

ORANGE COUNTY—INTERNAL USE ONLY

Finance Information Vendor Name: Vendor Contact Person: Phone: Address: City State: Zip:

Department: Amount: Purpose: Budget Code(s): Vendor # Vendor Status with NCSOS: Vendor is a BOCC consultant: Yes No

Contract Details Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment ) Effective Date End Date Notice Date (Notice Purpose )

Award Approved by Board (Agenda Date: ); Made or Administered by

Signature Authority

- BOCC Express Delegation (Agenda Date: )

- Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000

- Budget Policy Section XV (Capital Improvement Project: )

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:

Received for record retention:

Office of the Clerk to the Board __________________________________________Date:_________

G1

Revised 01/24

EXHIBIT 1----GENERAL CONDITIONS

Table of Contents Page

Article 1. Definitions

Article 2. Correlation, Interpretation, and Intent of Contract Documents……

Article 3. Familiarity with Work, Conditions and Laws

Article 4. Bonds

Article 5. Insurance and Indemnity

Article 6. Other Record Documents and Submittals

Article 7. Contractor

Article 8. Owner

Article 9. Construction Manager

Article 10. Designer

Article 11. Testing and Surveying

Article 12. Separate Contracts

Article 13. Contract Time

Article 14. Changes in the Work

Article 15. Change of the Contract Price

Article 16. Unforeseen Conditions

Article 17. Correction of Work before Final Payment

Article 18. Correction of Work after Substantial Completion; Warranties and Guaranties

Article 19. Owner's Right to Do Work

Article 20. Partial Payments

Article 21. Final Payment

Article 22. Contractor, Subcontractor and Supplier Affidavit

Article 23. Assignments and Subcontracts

G2

Article 24. Measurements

Article 25. Contractor and Subcontractor Relationships

Article 26. Use of Premises

Article 27. Cutting, Patching and Fitting

Article 28. Dispute Resolution

Article 29. Taxes

Article 30. Operation of Owner's Facilities

Article 31. Third Party Beneficiary Clause

Article 32. Measurement of Quantities

Article 33. Termination by the Owner for Cause

Article 34. Termination or Suspension by the Owner for Convenience

Article 35. Minority Business Enterprise Program……………………….……………………….46

Article 36 E-Verify, Iran Divestment, Israel Boycott, and Digital.……………………………..46

Article 37. General

G3

ARTICLE 1. DEFINITIONS

1.1 Agreement - The Construction Contract, these General Conditions, and any Supplementary Conditions.

1.2 AIA - The American Institute of Architects.

1.3 ASTM - The American Society for Testing and Materials.

1.4 Beneficial Occupancy – Use of the Project by the Owner after Substantial Completion, but prior to Final Completion..

1.5 Change Order - A written order to the Contractor signed by the Owner and the Designer authorizing an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time issued after execution of the Construction Contract. See paragraph 14.1.

1.6 Completion Date - Those dates identified as Completion Dates in the Contract Construction Schedule or elsewhere in the Contract Documents.

1.7 Construction Contract – The document executed by the Contractor and the Owner to formally memorialize their consent to the terms of the Agreement.

1.8 Construction Change Directive – A written order to the Contractor signed by the Owner and the Designer directing an addition, deletion, or revision in the Work after execution of the Construction Contract, in circumstances when the parties have been unable to agree on an adjustment to the Contract Price or the Contract Time, but the Owner requests that the Contractor proceed with said addition, deletion, or revision in the Work subject to adjustment of the Contract Price or Contract Time under the procedures described herein.

1.9 Construction Manager(s) - The person(s) or firm designated as the Construction Manager in the Contract Documents, or their authorized representatives. The Construction Manager(s), as referred to herein, will be referred to hereinafter as if each were of the singular number and masculine gender.

1.10 Contract Construction Schedule - That schedule described in Article 13 hereof and identified as the Contract Construction Schedule.

1.11 Contract Documents - All of the documents that make up the Agreement, plus the Drawings and Specifications that describe the scope of the Work, plus allowable Modifications to the Contract Documents.

1.12 Contract Price - The total monies payable to the Contractor under the Contract Documents pursuant to paragraph 15.1 of the Agreement.

1.13 Contract Time - The number of calendar days stated in, or computed from, the Contract Documents for the completion of the Work, or any portion thereof. See, particularly, Article 13

G4 hereof and the Contract Construction Schedule. Time of completion as specified therein is of the essence. The time used and referred to on the Project will be that time which is observed in Raleigh, North Carolina, being Eastern Daylight Savings Time (EDT), Eastern Standard Time (EST), or other as designated by the Designer.

1.14 Contractor - The Contractor shall be that party identified as such in the Contract Documents.

1.15 Days - Unless otherwise indicated, the term "days" shall mean consecutive calendar days.

1.16 Daylight Hours - The hours or portions of hours between sunrise and sunset local time.

1.17 Designer(s) – The person or firm designated as the Designer in the Contract Documents, or their authorized representatives. The Designer(s), as referred to herein, shall mean architect, landscape architect, or engineer. They will be referred to hereinafter as if each were of the singular number and masculine gender. On projects for which there is no Designer designated references to approvals or authorizations of or by the Designer shall be interpreted to refer to approvals or authorizations of Owner or Owner’s designee.

1.18 Drawings - The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location, and dimensions of the Work, and generally including plans, elevations, sections, details, schedules and diagrams. A list of the Drawings is contained in the Contract Documents.

1.19 Field Order - A written order issued by the Designer which clarifies or interprets the Contract Documents or orders minor changes in the Work in accordance with the Contract Documents. See paragraph 14.2.

1.20 Final Completion - The point at which the Contractor has completed the Work, with the exception of guaranty and warranty obligations and as determined by the Designer and becomes entitled to final payment upon the recommendation of the Designer and determination by the Owner.

1.21 The words "furnish," "furnish and install," "install," and "provide" or words with similar meanings shall be interpreted, unless otherwise stated, to mean furnish and install complete, in place and ready for service.

1.22 Liquidated Damages – See paragraph 13.18 of these General Conditions.

1.23 Modification - (A) a written amendment to the Contract Documents signed by the Owner and the Contractor and identified therein as such, (B) a Change Order, (C) Construction Change Directive, or (D) a Field Order. A Modification may only be issued after execution of the Agreement.

1.24 Notice of Award - The written notice by the Owner to the Contractor that the Contractor is the successful Bidder and that upon compliance with the conditions precedent to be fulfilled by the Contractor within the time specified, the Owner will execute and deliver the Agreement to him.

G5

1.25 Notice to Proceed - See paragraph 13.3.

1.26 Owner - The Owner is the person designated as such in the Agreement.

1.27 Owner's Representative - A person, or persons, authorized and employed by the Owner and designated from time to time by written notice to the Contractor to administer the Contract Documents, and to observe and monitor the Work on behalf of the Owner with authority and responsibility as herein specified.

1.28 Notice - The term "notice" or "written notice" as used herein shall mean and include all written notices, demands, instructions, and claims approvals and disapprovals furnished by the Owner or the Designer to obtain compliance with the requirements of the Contract Documents, as well as all written notices, demands, instructions and claims furnished by the Contractor as required by the Contract Documents. Where notice is required under the terms of the Contract Documents written notice shall always be required, and oral or "constructive" notice shall be insufficient and ineffective as notice. Email or other electronic delivery shall be insufficient and ineffective as notice unless specifically allowed by the Supplementary Conditions or a Modification to the Agreement. Written notice shall be deemed to have been duly served on the date that it is delivered in person to the individual or to a member of the firm, to an officer of the corporation for whom it is intended, to an authorized representative of such individual, firm, or corporation, or on the date that it is mailed by registered or certified mail, return receipt requested, addressed to the last business address of such individual, firm, or corporation known to the person giving the notice. Written notice may also be given by facsimile transmission, provided that proof of delivery is obtained. In the case of delivery in person, such delivery shall not be effective unless and until a written and signed receipt showing the date and time of delivery is obtained.

1.29 Project - The total construction of which the Work performed under the Contract Documents may be the whole or a part.

1.30 Project Expediter – As used herein, is an entity stated in the Contract Documents, designated to effectively facilitate scheduling and coordination of Work activities. For the purpose of a single prime contract, the single prime contractor is designated as the Project Expediter. For the purpose of a project involving separate prime contracts, the Contractor for general work shall be designated as the Project Expediter unless otherwise indicated in the Supplementary General Conditions. See paragraph 7.27.

1.31 Project Manager - That person designated by the Contractor in accordance with paragraph

7.2 who shall be in general charge of the Work and its performance and who shall have the authority set forth in the last sentence of paragraph 7.2.

1.32 Request for Information - A written communication from the Contractor to the Designer for any interpretation of, or information needed, required, or desired under the Contract Documents.

The Owner reserves the right to determine the reasonable format and contents required for a Request for Information. In any Request for Information, the Contractor shall state a reasonable date by which a response is necessary in order to avoid delay in progress on the Work and shall make such request sufficiently in advance of such date as to avoid any such delay. The Designer shall respond in writing to the Request for Information by the date stated by the Contractor unless he cannot reasonably do so, in which case he shall prior to that date notify

G6 the Contractor of the date by which he can reasonably respond. The Contractor shall not be entitled to any additional time for the completion of the Work or any portion thereof by reason of the Designer's failure to respond if he has not submitted his Request for Information sufficiently in advance to allow the Designer a reasonable time within which to respond.

1.33 Request for Payment - The form, in the form of AIA Document G702 (latest ed.) or other published document approved by Owner, which is to be used by the Contractor in requesting progress payments and which is to include a Schedule of Values as required by the Contract Documents and an affidavit of the Contractor that progress payments theretofore received from the Owner on account of the Work have been applied by the Contractor to discharge in full all the Contractor's obligations incurred in connection with Work covered by all prior applications for payment. See paragraph 20.2.

1.34 Resident Superintendent - That person designated by the Contractor in accordance with paragraph 7.2 who has day-to-day responsibility for the prosecution of the Work and the obtaining of proper materials and equipment, and adequate labor and who shall have the authority set forth in the last sentence of paragraph 7.2.

1.35 Schedule of Values - Any breakdown of the Contract Price which may be required by the Contract Documents, and designated as such. See paragraph 20.1.

1.36 Specifications - That portion of the Contract Documents consisting generally of the written requirements for materials, equipment, construction systems, standards, and workmanship for the Work and performance of related services.

1.37 Subcontractor - A person, firm, or corporation who has entered into a direct contract with the Contractor to perform any of the Work at the…