Orange County Transportation Services Bus Stop Sign Upgrades.pdf

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COUNTY OF ORANGE

FINANCE AND ADMINISTRATIVE SERVICES – PURCHASING

PO BOX 8181

HILLSBOROUGH, NORTH CAROLINA 27278

ORANGE COUNTY BID NO. 367-OC5486

June 29, 2026

ATTENTION:

INTERESTED VENDORS

Orange County requests your competitive quotation to furnish the item(s) listed below for Orange County, North Carolina, Transportation Services Bus Stop Sign Upgrades.

By submission of a bid, the contractor acknowledges that/they fully understand the extent of the project.

Please transmit this quotation via email to the Orange County Finance Manager-Purchasing at finance-purchasing@orangecountync.gov, no later than Friday, July 17, 2026, at 2:00 PM

Item # Commodities/Goods or Services 1 The purpose of this project is to ensure that bus stop signs and poles are properly installed, secure, visible, and located in the correct places for riders at approximately 55 locations. Some stops may require sign replacement, new sign and pole installation, or relocation.

Provide pricing for:

Install new bus stop signs and 8-foot, 2-inch diameter poles at designated locations.

• Dig and set poles approximately 2 feet into the ground to ensure they are secure and stable.

• Update existing bus stops as needed by changing out current bus stop signs.

• Relocate selected bus stops to a different location, if needed and approved by OCTS.

• Ensure all signs and poles are secure, visible, and properly placed.

• Provide all labor, tools, and equipment needed to complete the work.

• Report any issues or concerns related to locations, materials, or installation.

Orange County Transportation Services Will Provide

• Bus stop signs.

• 8-foot, 2-inch diameter poles.

• A list of bus stop locations.

• Direction on priority locations.

Project Goal:

The goal of this project is to complete the installation and updates for approximately 55 bus stops.

Some locations will require only sign replacement, some will require a new sign and pole installation, and some may require moving to a different location, as directed or approved by Orange County Transportation Services.

SUBMIT PRICING ON ATTACHMENT A

Will any people working on this job make less than the current adopted Orange County Living Wage Yes _______ No_______ If yes, the lowest hourly wage to be paid to any employee shall be: $_______/ Hour

**SEE ATTACHED INSTRUCTIONS TO BIDDERS**

mailto:finance-purchasing@orangecountync.gov

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ORANGE COUNTY BID NO. 367-OC5486

License _____________ (if applicable) FIRM NAME ________________________________________

BY ______________________________________________

(Proposal must be signed in writing) ADDRESS __________________________ FAX: _____________________________________________

__________________________ TELEPHONE: ______________________________________

EMAIL: ___________________________________________

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COUNTY OF ORANGE

FINANCE AND ADMINISTRATIVE SERVICES – PURCHASING

PO BOX 8181 131 WEST MARGERET LANE

HILLSBOROUGH, NORTH CAROLINA 27278

Instructions to Bidders

1. All bids and proposals shall be for furnishing apparatus, supplies, materials, equipment, and/or work and services in accordance with the applicable plans and specifications prescribed by Orange County. Plans and/or specifications may be obtained at Orange County’s website https://www.orangecountync.gov/Bids.aspx

2. Orange County reserves the right to:

o award to the lowest responsible bidder that is responsive, o to reject any or all bids, o And to waive minor informalities.

3. The successful bidder shall comply fully with the requirements of General Statutes, Section 143-129 and 143-131, as amended. This is an informal range; therefore, there will not be a formal opening. Results will be made available after the award.

4. In the event of default by any contractor or vendor Orange County may procure from other sources whatever service or item is being bid and holds the contractor responsible for any excess cost occasioned thereby.

5. Payment by electronic funds transfer is due thirty days after completion and inspection unless otherwise specifically provided; subject to any discounts allowed.

6. North Carolina sales and use tax shall be included in the bid amount.

7. Bids shall be submitted via email to finance-purchasing@orangecountync.gov

8. Proposals received after the opening date and time shall not be considered.

9. Bids must be signed and submitted on the attached form of the proposal.

10. The successful contractor shall be responsible for obtaining all permits and inspections.

11. The successful contractor shall be required to agree to and sign the Orange County Service Agreement (copy attached). Among the items included in that agreement are the County’s Insurance requirements and sales tax.

12. All contractors are hereby notified that they must have proper licenses as required under the state laws governing their respective trades. General contractors are notified that Chapter 87, Article 1, General Statutes of North Carolina, will be observed in receiving and awarding general contracts. General contractors submitting bids on this project must have license classification for “Unlimited Building” or “Unclassified,” required by the NC General Contractors Licensing Board under G.S. 87-1.

13. Please direct questions concerning this bid document to Jovana Amaro, Finance Manager-Purchasing, (919) 245- 2651, or via email at finance-purchasing@orangecountync.gov. Please direct any questions about the scope, site visit, details of the work, or the proposal to Katrina Wall, Orange County Transit Compliance Coordinator, Orange County Transportation Services, 919-245-2009, email: kwall@orangecountync.gov.

14. By submission of a bid, the contractor acknowledges that/they fully understand the extent of the project.

15. Business Registration: Corporations, LLCs, LLPs, and foreign entities conducting business in North Carolina must maintain an active registration with the NC Secretary of State in order to legally transact business with the County.

16. Minority Business Participation

The following forms are required to be completed and included with your bid:

- Identification of HUB Certified/ Minority Business Participation

- Affidavit A: Listing of Good Faith Efforts or https://www.orangecountync.gov/Bids.aspx mailto:finance-purchasing@orangecountync.gov mailto:kwall@orangecountync.gov

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- Affidavit B: Intent to Perform Contract with Own Workforce (If you intend to complete this project with your own workforce)

*** If the above documents are not provided, your bid will be deemed non-responsive***

Please note: Affidavit C or Affidavit D will be required to be submitted 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)

The following forms must be returned with your bid package.

o Contractor’s Completed and Signed Bid Forms o Living Wage Contractor Policy o E-Verify Affidavit o Orange County Nondiscrimination Certification o Supplemental Vendor Information: Historically Underutilized Businesses o Identification of HUB Certified/ Minority Business Participation o Minority Business Participation Forms – Affidavit A or B

The following document is included in this bid package for your reference.

o Services Contract Sample

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Attachment A

RFP – 367-OC5486

Bid Proposal Form:

1. Bus Stop Upgrades

The contractor agrees to furnish all materials, labor, and any other supplies or equipment necessary to complete the above work, for the sum of:

$____________________________ Labor

$____________________________ Materials

$____________________________ Total BID for Bus Stop Upgrades

• All work must be completed within 130 days of the project start date (approx. August 3, 2026) (anticipated completion date December 11, 2026).

• Contractor is willing to participate in the County’s “DocuSign” digital contracting process and enter into a standard contract with the County.

• No proposal may be withdrawn after the scheduled closing time and date for the receipt of Bids for a period of (60) sixty days.

(Name of firm or corporation making bid)

By: _____________________________________________________ Signature

Name: ___________________________________________________ Print or type

Title _____________________________________________________ (Owner/Partner/Pres./V.Pres)

Address __________________________________________________

License No._________________________________________________

Federal I.D. No. ______________________________________________

Email Address: _______________________________________________

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Addendum(s) received and used in computing bid: (Check or date beside each addendum your firm is using for computing your bid)

Addendum No. 1 _______ Addendum No. 3 _______ Addendum No. 5 _______ Addendum No. 7 _______

Addendum No. 2 _______ Addendum No. 4 _______ Addendum No. 6 _______ Addendum No. 8 _______

Checklist for Items to be returned with the bid.

All items listed below must be returned with your bid package.

� Contractor’s Completed and Signed Form of Proposal � Living Wage Contractor Policy � E-Verify Affidavit � Orange County Nondiscrimination Certification � Supplemental Vendor Information: Historically Underutilized Businesses � MB Participation Forms

Orange County Public Transit Master Stop List

1. Ashbury Blvd/ US 70 (51532)

2. Cates Creek Pkwy (Hillsborough Skate Park) (65444)

3. Churton St/ UNC Dermatology (65478)

4. Churton Street (Hillsborough Police Station) (65342)

5. Coachwood Apts (65475)

6. Columbia Street/ Franklin Street (65947)

7. Columbia Street/ Rosemary Street (65850)

8. College Park Rd (65486)

9. Crawford Rd /US 70 (65413)

10. Durham Tech OC Campus (65938)

11. Durham Tech Park-and-Ride (87171)

12. Efland-Cheeks Community Center (80810)

13. Eno Haven (65498)

14. Faucette Mill Road/Cornelius St (65450)

15. Hwy 86 @ Hampton Pointe (NB) (65494)

16. Hwy 86 @ Hampton Pointe (SB) (65355)

17. Hwy 86 @ Mt. Sinai Rd. (NB) (97289)

18. Hwy 86 @ Mt. Sinai Rd. (SB) (97287)

19. Hwy 86 @ Storey Ln (NB) (97270)

20. Hwy 86 @ Storey Ln (SB) (97286)

21. Hillsborough (North Campus) (97285)

22. King/Nash Streets (65408)

23. Lakeshore Dr/King St (65407)

24. Lakeshore Drive (65453)

25. Lakeside Dr/Cheshire Dr (Gateway Apartments) (65441)

26. Library/Margaret Ln (65459)

27. Mebane City Hall (80811)

28. Mebane Cone Health Park & Ride (97280)

29. Millstone Dr. (OCIM) (65405)

30. MLK Jr. Blvd/Homestead Rd (65860)

31. MLK Jr. Blvd/Shops of Chapel Hill North (NB) (97290)

32. MLK Jr. Blvd/Shops of Chapel Hill North (SB) (65390)

33. NC DMV/ US 70 (85964)

34. North Hills Shopping Center (65334)

35. Orange County Courthouse (87172)

36. Orange County Health Department (65409)

37. Orange County Social Services (65463)

38. Patriots Pointe (65404)

39. Rainey St / DNJ Community Center (65447)

40. Rainey St / US-70 (97281)

41. Rebecca Drive Shopping Area (65465)

42. Revere Road (65337)

43. Scottswood Blvd/ US 70 (65414)

44. Seymour Center (65397)

45. Sitterson Hall/ S Columbia St (97293)

46. State Employees Credit Union (65948)

47. Timbers Mobile Home Park (65472)

48. Triangle Sportsplex (65350)

49. UNC Ambulatory Care Center (97291)

50. UNC Hospital at Manning Drive (65370)

51. UNC Hospital Hillsborough Campus (65483)

52. US 70 / Rainey St (97294)

53. US 70 / Walgreens (65492)

54. Walmart (65427)

55. West Village Apts (97282)

Orange County Minimum Insurance Coverage Requirements Note: An Exception or Waiver of Minimum Coverage may only be granted at the discretion and approval of Risk Management based on assessment of risk posed to the county.

Coverage Low Risk Profile Standard Risk Profile High Risk Profile Specialty Encroachment Premises Lease

Commercial General Liability

Products/Completed Operation Explosion, Collapse & Underground (XCU)

$1,000,000/$2,000,000 Per accident

As above

As Above If any, Limit to be determined.

As above If any, TBD.

$1,000,000*

As Above If any, TBD.

$1,000,000

$1,000,000

Automobile Liability

$1,000,000 (CSL)

Per occurrence

$1,000,000* $1,000,000* $1,000,000* N/A N/A

**Workers’ Compensation Statutory Statutory Statutory Statutory N/A Statutory **Employer’s Liability 100/500/100 500/500/500* 500/500/500 500/500/500* N/A 100/500/100 ** Waiver of Subrogation on WC Required if available Required if available Required Required N/A N/A Umbrella Liability $1,000,000 $2,000,000 $2,000,000+ $9,000,000+ N/A N/A Professional Liability may be required on a risk profile depending on nature of services provided by contract. Coverage required for professional service such as accountant, attorney, architect, design, engineering, health care and most consultants.

$1,000,000 per occurrence

$1,000,000 TBD TBD N/A N/A

Sexual Misconduct (Sexual Abuse/Molestation) may be required for contractors working directly one-on-one with children and elderly or in overnight sheltering capacities.

$1,000,000/$2,000,000 $1,000,000/$2,000,000 TBD TBD N/A TBD

Cyber Liability may be required for contractors having access to personal identifying information, and/or computer networks.

$1,000,000/$2,000,000 TBD TBD TBD N/A

Environmental/Pollution Liability required if demolition, use of

N/A $1,000,000 $1,000,000+* $1,000,000+* N/A N/A

Orange County Minimum Insurance Coverage Requirements Note: An Exception or Waiver of Minimum Coverage may only be granted at the discretion and approval of Risk Management based on assessment of risk posed to the county.

hazardous material or environmentally sensitive Fidelity Bond (loss of money or other property due to dishonest acts). Only for contracts such as Banking, Janitorial, Fundraising, TPA’s and similar, ETA

TBD Amount depends on exposure to loss

TBD TBD N/A N/A

Other Coverage As required TBD TBD TBD TBD N/A N/A Bid, Performance & Payment Bonds TBD TBD TBD TBD N/A N/A

*A combination of Umbrella/Excess and primary limit may be used to provide coverage for the amount shown.

** Workers’ Compensation is required if the contractor/vendor has employees. Owner Waiver is acceptable for a Sole Proprietor.

Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid

MBForms 2002-Revised July 2010

Identification of HUB Certified/ Minority Business Participation

I, , (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)

*Minority categories: Black, African American (B), Hispanic (H), Asian American (A) American Indian (I), Female (F) Socially and Economically Disadvantaged (D)

** HUB Certification with the state HUB Office required to be counted toward state participation goals.

The total value of minority business contracting will be ($) .

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

(Name of Bidder) Affidavit of

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 considered responsive. (1 NC Administrative Code 30 I.0101) 1 – (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 before 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 recruitment of minority businesses.

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.

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: Name of Authorized Officer:

Signature:

Title:

State of______________, County of Subscribed and sworn to before me this day of 20 Notary Public My commission expires

SEAL

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:

State of _________ __ , County of ________________________ Subscribed and sworn to before me this day of 20___

Do not submit with bid Do not submit with bid Do not submit with bid Do not submit with bid

State of North Carolina - AFFIDAVIT C - Portion of the Work to be Performed by HUB Certified/Minority Businesses County of (Note this form is to be submitted only by the apparent lowest responsible, responsive bidder.)

If the portion of the work to be executed by HUB certified/minority businesses as defined in GS143- 128.2(g) and 128.4(a),(b),(e) is equal to or greater than 10% of the bidders total contract price, then the bidder must complete this affidavit.

This affidavit shall be provided by the apparent lowest responsible, responsive bidder within 72 hours after notification of being low bidder.

Affidavit of I do hereby certify that on the

(Project Name) Project ID# Amount of Bid $

I will expend a minimum of % of the total dollar amount of the contract with minority business enterprises. Minority businesses will be employed as construction subcontractors, vendors, suppliers or providers of professional services. Such work will be subcontracted to the following firms listed below. Attach additional sheets if required Name and Phone Number *Minority

Category

**HUB

Certified Y/N

Work Description

Dollar Value

*Minority categories: Black, African American (B), Hispanic (H), Asian American (A) American Indian (I), ** HUB Certification with the state HUB Office required to be counted toward state participation goals.

Pursuant to GS143-128.2(d), the undersigned will enter into a formal agreement with Minority Firms for work listed in this schedule conditional upon execution of a contract with the Owner. Failure to fulfill this commitment may constitute a breach of the contract.

The undersigned hereby certifies that he or she has read the terms of this commitment and is authorized to bind the bidder to the commitment herein set forth.

Date: Name of Authorized Officer:

State of , County of

Do not submit with the bid Do not submit with the bid Do not submit with the bid Do not submit with the bid Do not submit with the bid

MBForms 2002-Revised May 2010 -1-

State of North Carolina AFFIDAVIT D – Good Faith Efforts

County of (Note this form is to be submitted only by the apparent lowest responsible, responsive bidder.)

If the goal of 10% participation by HUB Certified/ minority business is not achieved, the Bidder shall provide the following documentation to the Owner of his good faith efforts:

Affidavit of I do hereby certify that on the

(Project Name) Project ID# Amount of Bid $

I will expend a minimum of % of the total dollar amount of the contract with HUB certified/ minority business enterprises. Minority businesses will be employed as construction subcontractors, vendors, suppliers or providers of professional services. Such work will be subcontracted to the following firms listed below. (Attach additional sheets if required)

Name and Phone Number *Minority

Category

**HUB

Certified Y/N

Work Description

Dollar Value

*Minority categories: Black, African American (B), Hispanic (H), Asian American (A) American Indian (I), ** HUB Certification with the state HUB Office required to be counted toward state participation goals.

Examples of documentation that may be required to demonstrate the Bidder's good faith efforts to meet the goals set forth in these provisions include, but are not necessarily limited to, the following:

A. Copies of solicitations for quotes to at least three (3) minority business firms from the source list provided by the State for each subcontract to be let under this contract (if 3 or more firms are shown on the source list). Each solicitation shall contain a specific description of the work to be subcontracted, location where bid documents can be reviewed, representative of the Prime Bidder to contact, and location, date and time when quotes must be received.

B. Copies of quotes or responses received from each firm responding to the solicitation.

C. A telephone log of follow-up calls to each firm sent a solicitation.

D. For subcontracts where a minority business firm is not considered the lowest responsible sub-bidder, copies of quotes received from all firms submitting quotes for that particular subcontract.

E. Documentation of any contacts or correspondence to minority business, community, or contractor organizations in an attempt to meet the goal.

F. Copy of pre-bid roster

G. Letter documenting efforts to provide assistance in obtaining required bonding or insurance for minority business.

H. Letter detailing reasons for rejection of minority business due to lack of qualification.

I. Letter documenting proposed assistance offered to minority business in need of equipment, loan capital, lines of credit, or joint pay agreements to secure loans, supplies, or letter of credit, including waiving credit that is ordinarily required.

Failure to provide the documentation as listed in these provisions may result in rejection of the bid and award to the next lowest responsible and responsive bidder.

Pursuant to GS143-128.2(d), the undersigned will enter into a formal agreement with Minority Firms for work listed in this schedule conditional upon execution of a contract with the Owner. Failure to fulfill this commitment may constitute a breach of the contract.

Do not submit with the bid Do not submit with the bid Do not submit with the bid Do not submit with the bid Do not submit with the bid

MBForms 2002-Revised May 2010 -2-

The undersigned hereby certifies that he or she has read the terms of this commitment and is authorized to bind the bidder to the commitment herein set forth.

Date: Name of Authorized Officer:

State of , County of

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: April 21, 2016 Revisions: August 1, 2016

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 as reflected in the adopted Orange County Budget and as that budget document is amended from time to time. 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.

10.1.2 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

Acknowledged Receipt by:

Company Name:

Date: __ jamaro Stamp

STATE OF NORTH CAROLINA

AFFIDAVIT

ORANGE COUNTY

I, ____________________________(the individual attesting below), being duly authorized by and on behalf of

________________________________ (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 employees in this State. (mark Yes or No)

a. YES _____, 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 ____ day of _______________, 20__.

Signature of Affiant Print or Type Name: _________________________

State of North Carolina, _________ County

Signed and sworn to (or affirmed) before me, this the _____ day of ________________, 20__.

My Commission Expires:

(Affix O fficial/N otarial Seal)

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

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:________________________________________

Printed Name and Title

On behalf of _________________________________

Company or Corporate name

Supplemental Vendor Information: HISTORICALLY UNDERUTILIZED BUSINESSES

Vendor Name: ____________________________________________________ Date: _________

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? Yes No

If yes, please select from the following:

Ethnicity: Gender Disabled

Black Male Yes

Hispanic Female No

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.

SUBMIT WITH PROPOSAL

http://ncadmin.nc.gov/businesses/hub http://ncadmin.nc.gov/businesses/hub

Revised 01/24 1

[Departmental Use Only]

TITLE

FY

NORTH CAROLINA

CONSTRUCTION AGREEMENT UNDER $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 Request for Proposals, Proposal, Construction 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.

b. Designer Approved Bulletins and Field Orders.

c. Request for Proposals and addenda thereto.

d. Proposal.

2. SCOPE OF WORK

The Contractor shall furnish and deliver all of the materials, and perform 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 project engineer.

c. proposal dated , 20 which fully describes the work to be performed.

Such work will hereafter be called the “Work”.

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 by , 20 .

SAMPLE CONTRACT (DO NOT FILL OUT)

Revised 01/24

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.

e. It is expressly understood that the Owner will employ other contractors to perform work as a part of the Project whose work will be performed simultaneously and sequentially with the performance of the Work by the Contractor. It shall be necessary for the Contractor to coordinate its activities with such other contractors, particularly with respect to access to work areas, storage of materials and other common facilities.

f. Should the Owner determine that the Contractor is behind schedule Owner may require, at no additional cost to the Owner, the Contractor to expedite and accelerate its efforts, including providing additional resources and working overtime, as necessary, to perform the Work in accordance with the approved project schedule.

4. STANDARD OF CARE

a. The Contractor shall exercise reasonable care and diligence in performing the Work in accordance with the highest 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 and 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 errors or omissions caused by its employees, agents, contractors, or assigns in the performance of the Agreement. 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. If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Contractor represents that it or 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.

f. The Contractor is responsible for all physical damage to owned or rented machinery, tools, equipment, forms, and other items owned, rented or used by the Contractor and Subcontractor(s) in the performance of the Work including all of Owner’s property in Contractor’s care, custody, or control, and all such property while it is in transit.

g. The Contractor is solely responsible for obtaining all permits necessary to complete the

Work in compliance with all local, state, and federal laws.

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 architect if an architect 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.

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%).

1. 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.

iii. Final payment shall not be due to the Contractor until thirty (30) days after one hundred percent (100%) of the Work, including punch list work, has been satisfactorily (as determined by the County) completed and an appropriate affidavit as required in Section 7(c) below has been received 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.

6. INSURANCE AND BONDS

a. Minimum requirements – Contractor shall obtain, at its sole expense, Commercial General

Liability Insurance, Automobile Insurance, Workers’ Compensation Insurance, and any additional insurance as may be required by Owner’s Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php). If Owner’s Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here (if no additional insurance required mark N/A as being not applicable). Contractor shall not commence construction work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager.

b. Performance Bonds – Contractor shall furnish bonds covering the faithful performance of the Contract and payment of all obligations arising under any of the Contract Documents or related in any way to the Work. Contractor shall immediately furnish a copy of such bonds to any requesting person who appears to be a potential beneficiary of bonds covering payment obligations arising under any of the Contract Documents. This subsection 6(b) applies only to Contracts of fifty thousand dollars ($50,000.00) or more where the total cost for the project is three hundred thousand dollars ($300,000.00) or more.

7. INDEMNITY

a. To the extent authorized by North Carolina law the Contractor shall indemnify, without limitation, and hold harmless to the maximum extent permitted by law the Owner and its agents and employees from and against any and all claims, damages, losses and expenses, including attorney's fees, arising out of or resulting from the performance or nonperformance of the Work, provided that any such claim, damages, loss or expense (A) is attributable to bodily injury, sickness, disease or death or injury to, or destruction of, property, including the loss of use resulting therefrom; and (B) is caused in whole or in part by any breach of any provision of the Agreement or by any negligent or wrongful act or omission of the Contractor, any Subcontractor, or supplier of the Contractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The indemnification obligation under this paragraph shall not be limited in any way by any limitation of the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' compensation acts, disability benefits acts or other employee benefit acts. It is the intent of this section that the Contractor shall indemnify the County to the maximum extent allowed by law.

b. The Contractor shall indemnify and hold harmless Owner from any lien of whatever type through the purchase of appropriate bonds and insurance as designated in Section 6 above.

In the event any such lien is filed against Owner’s property Contractor shall, through such bonds and insurance or at Contractors expense, defend Owner against all such claims of lien.

c. Upon completion of the Work the Contractor shall execute an affidavit stating there are no unpaid debts for any work that has been done or materials that have been furnished to the http://www.orangecountync.gov/departments/purchasing_division/contracts.php project prior to and as of the date of substantial completion and further stating that Contractor shall indemnify, save and protect Owner and Owner’s lender, if any, harmless from and against any and all claims, liabilities, losses, damages, causes of action, and expenses (including court costs and reasonable attorney’s fees related thereto) arising out of, in connection with, or resulting from any such debts and liens. Such indemnification shall be in a form and substance acceptable to Owner.

d. By executing this Agreement Contractor agrees to abide by and be bound by the indemnification provisions herein.

8. DISPUTE RESOLUTION AND GOVERNING LAW

a. Any dispute with respect to any provision of, or the performance or non-performance of, this Agreement shall be subject to the Dispute Resolution Rules and Procedures for Orange County Design, Building Construction, Renovation, and Repair Projects. The policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php).

b. The laws of the State of North Carolina shall apply to the interpretation and enforcement of this Agreement. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or nonperformance of, this Agreement or the Contract shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina and it is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions.

c. Notice of any claim by Owner or Contractor must be initiated by written notice to the other

Party within thirty (30) days of the occurrence of the event giving rise to the claim or within thirty (30) days of the discovery of the event or condition giving rise to the claim, whichever is later.

i. Should any claim be made, regardless of whether such claim is made by Owner or Contractor, Contractor shall continue to faithfully and diligently perform the Work in such a manner as to meet all scheduled timelines. Any failure to faithfully and diligently perform the Work may be deemed, by the Owner, a breach of the Contract.

ii. If a claim is made such claim shall be made to the initial decision maker, if applicable, who may request more supporting data, reject the claim in whole or in part, approve the claim in whole or in part or advise the parties the claim is unable to be resolved.

iii. If a claim is made by the Owner the Owner may, but is not obligated to, notify the surety.

9. NON–APPROPRIATION

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.

10. 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

11. 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 Architect, if an architect 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 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 Architect under this section shall be paid at Contractor’s expense.

e. 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.

f. By executing this Agreement Contractor affirms that…