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HomeMy WebLinkAboutOctober 14, 2024 Work Session MeetingAGENDA Lillington Board of Commissioners Work Session Meeting Lillington Town Hall 102 E. Front Street Lillington, North Carolina 27546 October 14, 2024 8:30am CALL TO ORDER MAYOR GLENN MCFADDEN NEW BUSINESS Item #1 Item #2 Item #3 Item #4 Discussion and Consideration of Gas Line Easement for the NC 210 Fire Station Shane Cummings, Town Engineer Condemnation Discussion Regarding South Regional Wastewater Project Easement Acquisition Shane Cummings, Town Engineer Discussion and Consideration of Town of Lillington NC 210 Fire Station Sanitary Sewer Main Extension Contract and Supporting Documents Alicia Adams, Administrative Services Director Administrative Reports A.Capital Projects Update Alicia Adams, Administrative Services Director B. Presentation of the Monthly Financial Report Lisa Young, Assistant Town Manager C. Presentation of Town Manager’s Report Joseph Jeffries, Town Manager Item #5 Discussion of Regular Meeting Agenda for October 15, 2024 Joseph Jeffries, Town Manager Item #6 Closed Session to Meet per §143-318.11(a)(5)(6) Joseph Jeffries, Town Manager ADJOURNMENT AGENDA ITEM SUMMARY Date of Meeting: October 14, 2024 Staff Work By: Shane Cummings, Town Engineer AGENDA ITEM Discussion and Consideration of Gas Line Easement for NC 210 Fire Station ITEM SUMMARY Discussion and Consideration of Gas Line Easement for NC 210 Fire Station RECOMMENDED ACTION Approve Gas Line Easement for the NC 210 Fire Station AGENDA ITEM #1 AGENDA ITEM SUMMARY Date of Meeting: October 14, 2024 Staff Work By: Shane Cummings, Town Engineer AGENDA ITEM Condemnation Discussion Regarding South Regional Wastewater Project Easement Acquisition ITEM SUMMARY Discussion regarding property acquisitions for the South Regional Wastewater Project to keep the current project within schedule and to meet funding deadlines. RECOMMENDED ACTION Consensus to Move forward with Condemnation Process AGENDA ITEM #2 AGENDA ITEM SUMMARY Date of Meeting: October 14, 2024 Staff Work By: Alicia Adams, Administrative Services Director AGENDA ITEM Discussion and Consideration of Town of Lillington NC 210 Fire Station Sanitary Sewer Main Extension Contract and Supporting Documents ITEM SUMMARY The purpose of this agenda item is to approve: 1.Notice of Award 2. Contract between the Town of Lillington and Autry Grading Inc. for construction of Town of Lillington NC 210 Fire Station Sanitary Sewer Main Extension 3.Notice to Proceed This project is connected to the agreement between the Town of Lillington and KDP Development that the Town entered into June 14, 2022. The Town’s portion of contribution shall not exceed $400,000. The construction cost of the sewer line extension counts towards the Town’s portion of improvements. RECOMMENDED ACTION Approve Town of Lillington NC 210 Fire Station Sanitary Sewer Main Extension Contract and Supporting Documents AGENDA ITEM #3 TOWN OF LILLINGTON NC 210 FIRE STATION SANITARY SEWER MAIN EXTENSION 11/23 EJCDC C-510 Notice of Award (00510) NA-1 Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 1 Notice of Award Date: __________________ Project: Town of Lillington NC 210 Fire Station Sanitary Sewer Main Extension Owner: Town of Lillington Owner's Contract No.: Contract: General Construction Engineer's Project No.:2022146 Bidder: Bidder's Address: [send Notice of Award Certified Mail, Return Receipt Requested] for the above Contract has been considered. You are the You are notified that your Bid dated 10/8/24 Successful Bidder and are awarded a Contract for [Indicate total Work, alternates, or sections of Work awarded.] The Contract Price of your Contract is Dollars [Insert appropriate data if unit prices are used. Change language for cost-plus contracts.] copies of the proposed Contract Documents (except Drawings) accompany this Notice of Award. sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within [15] days of the date you receive this Notice of Award. 1. Deliver to the Owner [ ] fully executed counterparts of the Contract Documents. 2. Deliver with the executed Contract Documents the Contract security [Bonds] as specified in the Instructions to Bidders (Article 20), General Conditions (Paragraph 5.01), and Supplementary Conditions (Paragraph SC-5.01). 3. Other conditions precedent: Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Contract Documents. Accepted by: Owner Contractor By: Authorized Signature Authorized Signature Title Title Copy to Engineer Town of Lillington Town of Lillington NC 210 Fire Station Sanitary Sewer Main ( $ 294,015.00 ).Two hundred ninety four thousand fifteen PO Box 368 Hope Mills, NC 28348 Autry Grading Inc. 1 TOWN OF LILLINGTON NC 210 FIRE STATION SANITARY SEWER MAIN EXTENSION 11/23 Based on EJCDCC-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) (00520) A-1 Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 10 AGREEMENT THIS AGREEMENT is by and between Town of Lillington (“Owner”) and (“Contractor”). Owner and Contractor hereby agree as follows: ARTICLE 1 – WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The major items of work include: •The construction of approximately 64 LF of 8”DIP and 468 LF of 8” PVC Sanitary Sewer Main Extension, 3, 4’ sanitary sewer manholes and tie into existing sewer system. •Installation of 8” FDJDIP sanitary sewer main inside 39 LF of 16” steel encasement pipe with spiders under Tripp Road via open cut and patch. •Providing Proper Erosion Control Measures. . ARTICLE 2 – THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Town of Lillington NC 210 Fire Station Sanitary Sewer Extension ARTICLE 3 – ENGINEER 3.01 The Project has been designed by Rivers and Associates, Inc. (Engineer), which is to act as Owner’s representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 – CONTRACT TIMES 4.01 Time of the Essence A.All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion and Final Payment Autry Grading Inc. TOWN OF LILLINGTON NC 210 FIRE STATION SANITARY SEWER MAIN EXTENSION 11/23 Based on EJCDCC-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) (00520) A-2 Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 of 10 A.The Work will be substantially completed within 120 days after the date when the Contract Times commence to run as provided in Paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within 180 days after the date when the Contract Times commence to run. 4.03 Liquidated Damages A.Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $500.00 for each day that expires after the time specified in Paragraph 4.02 above for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $800 for each day that expires after the time specified in Paragraph 4.02 above for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 – CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to Paragraphs 5.01.A, 5.01.B, and 5.01.C below: C.For all Work, at the prices stated in Contractor’s Bid, attached hereto as an exhibit. ARTICLE 6 – PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A.Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A.Owner shall make progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment on or about the 25th day of each month during performance of the Work as provided in Paragraphs 6.02.A.1 and 6.02.A.2 below. All such payments will be measured by the schedule of values established as provided in Paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of TOWN OF LILLINGTON NC 210 FIRE STATION SANITARY SEWER MAIN EXTENSION 11/23 Based on EJCDCC-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) (00520) A-3 Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 10 units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 1.Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions. (a. and b. revised per North Carolina Statutes) a.95% of Work completed (with the balance being retainage). If the Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, and CONTRACTOR has provided written consent of surety, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no retainage on account of Work subsequently completed. The 50% of work completed shall be based on CONTRACTOR’s pay request with off-site materials excluded and a maximum of 20% of on-site stored materials included. b.95% of cost of materials and equipment not incorporated in the Work (with the balance being retainage) but delivered and suitably stored in a location and manner agreed to in writing and pursuant to paragraph 14.02.A.1 of the General Conditions. B.Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.B.5 of the General Conditions and less 200 percent of Engineer’s estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.03 Final Payment A.Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07, less any sum Owner is entitled to set off against Engineer’s recommendation, including but not limited to liquidated damages. 6.04 Consent of Surety A.Owner will not make final payment, or return or release retainage at Substantial Completion or any other time, unless Contractor submits written consent of the surety to such payment, return, or release. ARTICLE 7 – INTEREST 7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum legal rate rate of 8% percent per annum. TOWN OF LILLINGTON NC 210 FIRE STATION SANITARY SEWER MAIN EXTENSION 11/23 Based on EJCDCC-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) (00520) A-4 Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 4 of 10 ARTICLE 8 – CONTRACTOR’S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A.Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B.Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C.Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D.Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in Paragraph SC-4.02 of the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in Paragraph SC-4.06 of the Supplementary Conditions as containing reliable "technical data." E.Contractor has considered the information known to Contractor; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor’s safety precautions and programs. F.Based on the information and observations referred to in Paragraph 8.01.E above, Contractor does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G.Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H.Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. TOWN OF LILLINGTON NC 210 FIRE STATION SANITARY SEWER MAIN EXTENSION 11/23 Based on EJCDCC-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) (00520) A-5 Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5 of 10 I.The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J.Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. ARTICLE 9 – CONTRACT DOCUMENTS 9.01 Contents A.The Contract Documents consist of the following: 1.This Agreement (pages 1 to _13 , inclusive). 2.Performance bond (pages PB-1 to PB-4, inclusive). 3.Payment bond (pages PB-1 to PB-4, inclusive). 4.Bid Bond (pages BB-1 to BB-3, inclusive). 5.General Conditions (pages 1 to 62, inclusive). 6.Specifications as listed in the table of contents of the Project Manual. 7.Drawings consisting of 8 sheets with each sheet bearing the following general title: Town of Lillington NC 210 Fire Station Sanitary Sewer Main Extension. 8.Addenda (numbers N/A to N/A). 9.Exhibits to this Agreement (enumerated as follows): a.Contractor’s Bid (pages B-1 to inclusive). b.Documentation submitted by Contractor prior to Notice of Award (pages CQS-1, M-1- MB-5, inclusive). c.[List other required attachments (if any), such as documents required by funding or lending agencies]. d.Letters of Negotiation. 11.The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a.Notice to Proceed (page NP-1). TOWN OF LILLINGTON NC 210 FIRE STATION SANITARY SEWER MAIN EXTENSION 11/23 Based on EJCDCC-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) (00520) A-6 Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 6 of 10 b.Work Change Directives. c.Change Orders. B.The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C.There are no Contract Documents other than those listed above in this Article 9. D.The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. ARTICLE 10 – MISCELLANEOUS 10.01 Terms A.Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A.No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A.Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A.Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor’s Certifications TOWN OF LILLINGTON NC 210 FIRE STATION SANITARY SEWER MAIN EXTENSION 11/23 Based on EJCDCC-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) (00520) A-7 Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 7 of 10 A.Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1.“corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2.“fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3.“collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4.“coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 10.06 Other Provisions A.Adequate Consideration: Both parties hereby agree and stipulate that this contract is supported by fair and adequate consideration. B.Independent Contractor: Contractor shall perform this Agreement as an independent Contractor and shall have and maintain complete control over its employees, agents and operations. Accordingly, Contractor shall be responsible for payment of all Federal, State and Local taxes. Contractor and its agents and employees shall not represent, act, purport to act, or be deemed to be the agent, representative, employee or servant of the Client. C.Worker’s Compensation Insurance: If required under State or Federal law, Contractor shall provide and maintain worker’s compensation insurance covering the work outlined herein and provide satisfactory proof of same to Client prior to commencement of any work. D.Drafting of Document and Reliance by Parties: In negotiation, discussion and drafting of this contract, the parties have been advised to seek legal counsel for representation to the extent they desire and have been given the opportunity to do so. The parties warrant, represent and agree that they are not relying on the advice of any other party to this contract as to the legal or other consequences arising out of the negotiation and execution of this contract other than legal counsel to the extent they have chosen to consult legal counsel. The parties warrant and agree that this contract was not induced by fraud, coercion, compulsion or mistake. This contract shall be deemed to have been drafted by TOWN OF LILLINGTON NC 210 FIRE STATION SANITARY SEWER MAIN EXTENSION 11/23 Based on EJCDCC-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) (00520) A-8 Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 8 of 10 both parties and for purposes of interpretation no presumptions shall be made to the contrary. E.Reading and Signing: The parties hereby further warrant that they have completely read all the terms hereof; that they are competent to sign this contract; that they fully understand the terms of this contract; and that they voluntarily accept the terms of this contract. F.Governing Law and Consent to Jurisdiction and Venue The parties warrant and agree that this Agreement has been executed in the State of North Carolina and shall be subject to, and construed in accordance with, the laws of the State of North Carolina. Any and all actions relating in any way to this contract shall be brought in the General Courts of Justice in the County of Harnett, State of North Carolina in the District Court Division. G.Dispute Resolution: Without waiving the foregoing resolution process discussed in the Savings clause paragraph above, if a party hereto believes it has the right to bring a court proceeding or file an action with the court that relates in any way to the matters in controversy addressed by this contract, said proceeding shall be filed and heard in Harnett County District Court and all parties hereby consent and agree to said exclusive jurisdiction and venue. H.Indemnification/Hold Harmless: To the fullest extent allowable under North Carolina law, Contractor hereby agrees to indemnify, hold harmless and defend Owner from any and all actions which may arise as a result of any damages or claims for damages against Contractor or Owner by any person or entity, including other parties hereto, arising from this contract or performance of the services as called for herein. I.Awareness of Hazards: Contractor represents that it understands the currently known hazards to persons, property and the environment resulting from the services called for in this contract. Contractor further represents that it will perform all services under this Agreement in a safe, efficient and lawful manner, using industry-accepted practices and methods. J.Waiver Only for Specific Occurrence: Any waiver by either party of any provision or condition of this Agreement shall not be construed or deemed to be a waiver of any other provision or condition of this Agreement, nor a waiver of a subsequent breach of the same provision or condition. K.Waiver of Less Than Strict Performance: Failure to require strict performance of any of the provisions hereof shall not be considered a waiver of future right to demand strict performance with the provisions of this Agreement. L.No Third Party Beneficiaries: Nothing contained in this Agreement shall create a contractual relationship with or cause of action in favor of a third party against either Party. TOWN OF LILLINGTON NC 210 FIRE STATION SANITARY SEWER MAIN EXTENSION 11/23 Based on EJCDCC-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) (00520) A-9 Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 9 of 10 M.Guarantee: Contractor represents that it is familiar with this type of work and hereby provides a guarantee that, absent unforeseen circumstances, the services will be performed to reasonably accepted standards within their profession. N.Collection Costs and Reasonable Attorney Fees: In the event either party is caused to engage the services of an attorney to enforce the terms of this Agreement, the prevailing party shall be entitled to recover the costs of such enforcement including, but not limited to, reasonable attorney’s fees, court costs and other fees and costs reasonably incurred. O.Headings: The subject headings of the paragraphs are included for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions. P.Authority: The undersigned persons hereby verify that they have the actual and apparent authority to enter into this contract and that any and all action necessary to approve this contract has been undertaken and approved by said entities. TOWN OF LILLINGTON NC 210 FIRE STATION SANITARY SEWER MAIN EXTENSION 11/23 Based on EJCDCC-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) (00520) A-10 Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 10 of 10 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. Counterparts have been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or have been identified by Owner and Contractor or on their behalf. This Agreement will be effective on (which is the Effective Date of the Agreement). OWNER: CONTRACTOR: By: Title: (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: Title: By: Title: Town Manager Attest: Title: Address for giving notices: Address for giving notices: License No.: (Where applicable) (If Owner is a corporation, attach evidence of authority to sign. If Owner is a public body, attach evidence of authority to sign and resolution Agent for service of process: or other documents authorizing execution of this Agreement.) Town of Lillington Attn: Alicia L. Adams PO Box 296 102 East Front Street Lillington, NC 27546 TOWN OF LILLINGTON NC 210 FIRE STATION SANITARY SEWER MAIN EXTENSION 11/23 EJCDC C-550 Notice to Proceed (00550) NP-1 Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 1 Notice to Proceed Date: _________________ Project: Town of Lillington NC 210 Fire Station Sanitary Sewer Main Extension Owner: Town of Lillington Owner's Contract No.: Contract: General Construction Engineer's Project No.: 20022146 Contractor: Contractor's Address: [send Certified Mail, Return Receipt Requested] You are notified that the Contract Times under the above Contract will commence to run on . On or before that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 4 of the Agreement, the date of Substantial Completion is , and the date of readiness for final payment is [(or) the number of days to achieve Substantial Completion is , and the number of days to achieve readiness for final payment is ]. Before you may start any Work at the Site, Paragraph 2.01.B of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insureds and loss payees) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. Also, before you may start any Work at the Site, you must: __________________________________ [add other requirements]. Accepted by: Owner Contractor Given by: Authorized Signature Authorized Signature Title Title Date Copy to Engineer 1 Autry Grading Inc. PO Box 368 Hope Mills, NC 28348 Town of Lillington Town Manager AGENDA ITEM SUMMARY Date of Meeting: October 14, 2024 Staff Work By: Joseph Jeffries, Town Manager Lisa Young, Assistant Town Manager Alicia L. Adams, Administrative Services Director Ashley Wimberly, Public Works Director Frank Powers, Police Chief John Bethune, Fire Chief William Baker, Parks & Recreation Director Brandon Harris, Assistant Parks & Recreation Director Josh Perry, Planning & Inspections Christy Norris, Youth Programs AGENDA ITEM Administrative Reports. ITEM SUMMARY Monthly reports covering administrative and department activities, financial summaries and public utility usage information RECOMMENDED ACTION Receive information and direct staff, if applicable. AGENDA ITEM #4 CAPITAL PROJECTS UPDATE SCIF Grants Downtown Facilities Stewart, Inc. is continuing to work on the construction drawings for Downtown. Staff has received cost estimates from Duke Energy for relocation of utilities. The Town has entered into a contract with Duke Energy including a non-refundable deposit of $90K. The Town is awaiting actual cost for construction for underground utilities. Staff is continuing to work closely with Ducke Energy and Pike. McAdams has incorporated Stewart’s drawings, the Golden Leaf Project will be the first completed in Downtown. There are a few final comments/adjustments but they are minor and will not take long to complete. Duke Energy has completed the drawings and are currently being reviewed. Staff will be meeting with Duke Energy and Pike Engineering in the coming weeks to determine next steps. Pike Engineering is continuing to work on pedestrian and roadway lighting. Pike Engineering is doing both the roadway lighting and the parking lot lighting. Currently, Pike is deployed in the Western part of NC and are unsure of their return date. This will impact the Town’s project. Stormwater Resiliency Funds Staff was notified that the State allocated $3.5 million for Stormwater infrastructure improvements and stream restoration, to provide more efficient stormwater management and flood resiliency. Project components will include stormwater management, replacing undersized culverts, and stabilizing streambanks to improve flood resiliency. Projects: 1. Downtown Stormwater Improvements • Design construction documents have been submitted to the Town and are currently under review. • Consultants are coordinating with the railroad RJ Corman to put in an additional crossing. • Environmental consultants are currently studying the proposed location for the pond. 2. Duncan Street • The contractor is making additional repairs on Duncan Street outside of the original scope to fix some other outstanding stormwater issues in the area 3. Railroad Crossing • Staff is currently waiting on 100% construction drawings to present to RJ Corman to determine what portion of the project they are willing to partner with. The pipe under the railroad belongs to RJ Corman and they are responsible for the replacement and maintenance. 4. 13th Street Reservoir • McAdams is recommending upsizing the northernmost culvert crossing on S 13th Street to dual RCBC box culverts to eliminate roadway overtopping for the 10 and 25-Year design storms. Although this recommendation is a slight deviation from the 15’W x 6’H RCBC, which is listed as the preferred design alternative (#2) in the previous Town of Lillington Stormwater Assessment, it will better maintain existing stream geometry and lend to more feasible construction and procurement of materials. • Working towards obtaining 401/404 permitting • Easement exhibits are underway and must be obtained before soliciting for bid • Staff submitted damages from Hurricane Debby to the North Carolina Department of Emergency Management in hopes the project will be covered under Hurricane Debby damages, but the state decided to not pursue a major disaster declaration. ***During Hurricane Debby Golden Leaf Application Stormwater Harnett Street Project Description: The proposed storm drainage improvements would include removal and replacement of existing storm drainage pipe, ranging from 15” RCP to 30” RCP, and removal and replacement of storm drainage structures, including catch basins, drop-inlets, storm drainage manholes, and storm drainage headwalls. The proposed storm drainage infrastructure will effectively capture storm runoff, convey stormwater efficiently inside public right-of-way, and increase the level of service of the storm drainage system. In addition, private storm drainage infrastructure would be relocated to the Town Right-of-Way to allow for easier access for future maintenance and inspections. The probable cost of this project is $1.3 million, the Town has agreed to contribute $250,000 to the project. The Golden Leaf Grant Agreement was approved in June. A project ordinance confirming the Town’s financial contribution was approved at the August Regular Meeting. Staff is working closely with McAdams to get the project moving forward. Construction Drawings are mostly completed for this project and has already undergone one review by staff. Fire Station #3 Town staff has finalized the design of Fire Station #3. Construction of Fire Station #3 will be solicited for bid and a CMP will be presented to the Town for approval. Currently, Davenport is working with Town staff to get LGC approval in January for the financing of the station. ARPA S.L. 2022-74 Appropriated Projects All documentation was submitted to the State to fund the Hwy 210 sewer line expansion and Southern Regional Sanitary Sewer/Poorhouse Creek installation of new sanitary sewer interceptor and regional pump station. The total allocation was $9,250,000. Staff has received the offer and acceptance letter from the Department of Water Infrastructure. a. Hwy 210 Sewer line Project Temple Grading signed the NTP August 14, 2023. Construction has begun and is on- going. Force main has been pressure tested and construction is complete. Pump station structures are complete and electrical. Gravity work is currently underway. All work is now scheduled to be complete by the end of December, after approval of change order #3. Temple has now submitted Change Order #3 for contract #1. Change order #3 includes increasing the contract by 85 calendar days and a price increase of $16,202.17. The change order accounts for the Tripp Road changes and adjustments. b. Poorhouse Creek Meyers Engineering submitted all construction drawings and permits to DWI. The construction portion of the project was approved by DWI, as long as all easements are acquired. Easement acquisition is underway and progressing. Currently, the Town is solicitating for bids for the project. The bid opening took place at Town Hall on September 24, 2024 at 10:00 am. Staff only received two bids, since the project is in the formal bidding range three bids must be received in order to hold the bid opening. Bids were resolicited and the new proposed bid opening date is October 14, 2024 at 2:00pm. Any bids accepted will be opened, the three bid requirement is eliminated once the project is resolicited. LASII Grant Staff submitted the LASII grant application October 2, 2023 requesting $500,000 to develop and implement a new stormwater utility to provide a predictable, equitable and ongoing funding source for its stormwater program. The activities that the Town seeks to accomplish with the funding that the utility will provide include: • Increasing the flood resiliency of the transportation system in and through the Town; • Funding stormwater Capital Improvement Projects (CIPs) to address stormwater quantity and quality issues; • Handling critical maintenance needs and operations; and • Meeting planning and implementation needs. The scoping document was approved by DWI, the grant agreement and the acceptance of funding resolution was approved at the August meeting. The McAdams engineering services contract was approved at the August meeting. The project schedule is two years, with a completion date of August 2026. Staff had the kick off meeting September 20th with McAdams and staff is working to gather the information needed to start the evaluation process. S.L. 2023 Appropriated Funds The Town was appropriated $11,062,500 through Session Law in 2023. Administrative cost for the funds is $331,875.00. Available funds remaining are $10,730,625. Additional Proposed projects with remaining funds: 1. Water Tank $4.5 million • Request for Qualifications were accepted at Town Hall July 16th at 2:00pm • Four firms submitted and are currently under review • Request for funding have been approved by DWI and all required documents are on the consent agenda for approval. • Project Ordinance has been approved 2. Downtown utility rehabilitation approximately $3.1 million 3. WWTP project $3.1 million • Request for funding have been approved by DWI and all required documents are on the consent agenda for approval. • Project Ordinance has been approved Staff completed request for funding forms to the Division of Water. Following completion of the required documents staff can begin the projects. North Harnett WWTP Capacity Upgrade Harnett County has begun the process of submitting reimbursement requests to the Town for the Town’s portion of the WWTP. Currently, there are two outstanding invoices that Town staff is waiting for DWI to approve. HWY 210 Fire Station Sewer line Extension Town staff received bids October 8, 2024, Autry Grading Inc. was the lowest bidder. Rivers has submitted a recommendation to the Town to accept the bid. AGENDA ITEM SUMMARY Date of Meeting: October 14, 2024 Staff Work By: Joseph Jeffries, Town Manager Lisa Young, Assistant Town Manager Alicia L. Adams, Administrative Services Director Lindsey B. Lucas, Town Clerk AGENDA ITEM Discussion of Regular Meeting Agenda ITEM SUMMARY The purpose of this agenda item is to allow the Town Board an opportunity to ask questions regarding the Regular Meeting agenda for October 15, 2024. RECOMMENDED ACTION No Action Required. AGENDA ITEM #5 AGENDA ITEM SUMMARY Date of Meeting: October 14, 2024 Staff Work By: Joseph Jeffries, Town Manager AGENDA ITEM CLOSED SESSION ITEM SUMMARY The purpose of the closed session per NCGS §143-318.11(a)(5)(6) § 143-318.11. Closed sessions. (a)Permitted Purposes. - It is the policy of this State that closed sessions shall be held onlywhen required to permit a public body to act in the public interest as permitted in this section. A public body may hold a closed session and exclude the public only when aclosed session is required: (5)To establish, or to instruct the public body's staff or negotiating agents concerning the position to be taken by or on behalf of the public body in negotiating (i) the price and other material terms of a contract or proposed contract for the acquisition of real property by purchase, option, exchange, or lease; or (ii) the amount of compensation and other material terms of an employment contract or proposed employment contract. (6)To consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee; or to hear or investigate a complaint, charge, or grievance by or against an individual public officer or employee. General personnel policy issues may not be considered in a closed session. A public body may not consider the qualifications, competence, performance, character, fitness, appointment, or removal of a member of the public body or another body and may not consider or fill a vacancy among its own membership except in an open meeting. Final action making an appointment or discharge or removal by a public body having final authority for the appointment or discharge or removal shall be taken in an open meeting. AGENDA ITEM #6 RECOMMENDED ACTION Approve motion to move into closed session discussion.