February 13, 2023 Work Session Meeting
AGENDA
Lillington Board of Commissioners
Work Session Meeting
Lillington Town Hall
102 E. Front Street
Lillington, North Carolina 27546
February 13, 2023 8:30am
CALL TO ORDER MAYOR GLENN MCFADDEN
NEW BUSINESS Item #1 Call a Special Meeting for the 2023 Town of Lillington Board of Commissioners
Planning Retreat
Lindsey Lucas, Town Clerk/Permitting Technician
Item #2 Discuss and Consider Awarding Contract for NC 210 Wastewater Project
Joseph Jeffries, Town Manager
Item #3 Discussion of Proposed Budget for Fire Station #3
Joseph Jeffries, Town Manager
Item #4 Administrative Reports A. Presentation of the Public Works Monthly Activities Report
Ashley Wimberly, Public Works Director
B. Capital Projects Update
Alicia Gregory, Administrative Services Director
C. Presentation of the Monthly Financial Report
Lisa Young, Assistant Town Manager
D. Presentation of Town Manager’s Report
Joseph Jeffries, Town Manager
Item #5 Discussion of Regular Meeting Agenda for February 14, 2023
Joseph Jeffries, Town Manager
ADJOURNMENT
AGENDA ITEM SUMMARY
Date of Meeting: February 13, 2023
Staff Work By: Lindsey B. Lucas, Town Clerk
AGENDA ITEM
Call a Special Meeting
ITEM SUMMARY
Call a Special Meeting for the 2023 Town of Lillington Board of Commissioners Planning
Retreat.
RECOMMENDED ACTION
Call a Special Meeting
AGENDA ITEM #1
AGENDA ITEM SUMMARY
Date of Meeting: February 13, 2023
Staff Work By: Joseph Jeffries, Town Manager
AGENDA ITEM
Discuss and Consider Awarding Contract for NC 210 Wastewater Project
ITEM SUMMARY
Discuss Awarding Contract for NC 210 Wastewater Project
RECOMMENDED ACTION
No Action Required.
AGENDA ITEM #2
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AGREEMENT
THIS AGREEMENT is by and between the Town of Lillington (hereinafter called
OWNER) and
(Hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, 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:
Contract No. 1: Wastewater Lines & Forcemain
Contract No. 2: Wastewater Pump Station
The work includes construction of about 4,450 linear feet of 12-inch gravity sewer, about
10,650 linear feet of 8-inch forcemain and a 375 gpm duplex pump station with
permanent generator including all site work and all appurtenances for a complete project.
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:
Contract No. 1: Wastewater Lines
Contract No. 2: Wastewater Pump Station
The work includes construction of about 4,450 linear feet of 12-inch gravity sewer, about
10,650 linear feet of 8-inch forcemain and a 375 gpm duplex pump station with
permanent generator including all site work and all appurtenances for a complete project.
ARTICLE 3 - ENGINEER
3.01 The Project has been designed by:
Hiram J. Marziano, P.E.
P. O. Box 278
Asheboro, NC 27204-0278
who is hereinafter called ENGINEER and who 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.
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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 A. The Work will be substantially completed within 300 Consecutive Calendar 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 300 Consecutive Calendar 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 of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the time(s) 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 preceding 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 $200 for each day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. B. 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 $500 for each day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. C. CONTRACTOR and OWNER concur that Liquidated Damages in the amount $500 for each expired day described in Paragraphs A and B above of this section is a reasonable estimation of the OWNERS actual damages that include but may not be limited to fees for professional services resulting from the CONTRACTOR’s delay. 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: A. For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in this paragraph 5.01.B:
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B. As provided in paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03 of the General Conditions. C. For all Work, at the prices stated in CONTRACTOR’s Bid, attached hereto as an exhibit.
Total Bid Price: $_____________________________
Total Bid in Words
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 10th 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 in paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of 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, in accordance with paragraph 14.02 of the General Conditions: a. 95% of Work completed (with the balance being retainage); and b. 95% of cost of materials and equipment not incorporated in the Work 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 (with the balance being retainage). 2. Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 95% of the Work completed, less such amounts as ENGINEER shall determine in accordance with paragraph 14.02.B.5 of the General Conditions.
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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. 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 rate of 8% per annum. 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 in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. F. CONTRACTOR does not consider that any 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.
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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 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. I. 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. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement 2. Performance Bond 3. Payment Bond 4. General Conditions 5. Supplemental General Conditions 6. Special Provisions 7. Specifications as listed in the table of contents of the Project Manual. 8. Drawings consisting of a cover sheet and sheets numbered 1 through _____, with each sheet bearing the following general title: Town of Lillington wastewater lines to serve the Hwy. 210 corridor with pump station. 9. Addenda (numbers _____ to _____); 10. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed. b. CONTRACTOR’s Bid. c. Documentation submitted by CONTRACTOR prior to Notice of Award (if required)
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11. The following, which may be delivered or issued on or after the Effective Date of the Agreement and are, not attached hereto: a. Written Amendments. b. Work Change Directives. c. Change Order(s). 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 3.05 of the General Conditions. ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General 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 bind 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.
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10.05 Other Provisions IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. (signature page follows)
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This Agreement will be effective on ___________________________ , (which is the Effective Date of the Agreement). (This Agreement shall not be effective unless and until concurred in by AGENCYs designated representative.)
OWNER: Town of Lillington CONTRACTOR:
By___________________________ By:__________________________ Town Manager
[CORPORATE SEAL] [CORPORATE SEAL]
Attest ________________________ Attest _________________________
Address for giving notices: Address for giving notices:
_________________________________ _________________________________
_________________________________ __________________________________
License No.________________________
If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Owner-Contractor Agreement)
(If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.)
Designated Representative: Designated Representative:
Name: _____________________ Name:______________________________
Title: ______________________ Title:_______________________________
Address:____________________ Address:____________________________
Phone:______________________ Phone:______________________________
Facsimile:___________________ Facsimile:___________________________
AGENDA ITEM SUMMARY
Date of Meeting: February 13, 2023
Staff Work By: Joseph Jeffries, Town Manager
AGENDA ITEM
Discussion of Proposed Budget for Fire Station #3
ITEM SUMMARY
Discuss the Proposed Budget for Fire Station #3 with the Board
RECOMMENDED ACTION
No Action Required.
AGENDA ITEM #3
AGENDA ITEM SUMMARY
Date of Meeting: February 13, 2023
Staff Work By: Joseph Jeffries, Town Manager
Lisa Young, Assistant Town Manager
Alicia Gregory, Administrative Services Director
Ashley Wimberly, Public Works Director
Frank Powers, Police Chief
Chris Atkins, Fire Chief
William Baker, 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
Soccer Complex/Multi-purpose Field
Irrigation has been installed, electrical panel station, sod, and the fence. The location of the
soccer/multi-purpose field is 311 East Duncan Street. All the documents have been submitted to
the State to close out the SCIF grant. The parking lot finally grading will take place weather
permitting this week, Lockamy Grading is currently on site.
Downtown Facilities
Stewart, Inc. is done with the schematic design for the Downtown Area proposed for
revitalization. The Town held a Community Meeting January 5, 2023 to receive public input on
the schematic design. The meeting was well attended and residents are excited about the changes
coming to Downtown Lillington. Following the approval of the schematic design by the Board of
Commissioners, staff notified Stewart and they are in the beginning stages of construction
drawings.
Resource Institute Stormwater Projects
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. The project was RFQ August
3, 2022. The RFQ’s have been reviewed and McAdams was selected as the firm. Staff received
the funding agreement and will be meeting with the Resource Institute along with McAdams to
finalize the scope of work. McAdams is working on the H + H study and are using the data from
this study to prioritize and select projects to fund with this funding. The Resource Institute
notified staff last week that they are increasing funding for these projects due to increasing
construction cost. Their staff explained that they would also be requesting more funding to cover
this project, as well.
North Carolina Emergency Management Transportation Infrastructure Resiliency Grant
The Town was awarded a grant from the North Carolina Emergency Management Transportation
Infrastructure Resiliency Program for $790,000. This grant will be used to replace the failing
culverts under East Duncan Street, adjacent to the Lillington Recreation Park. Survey work is
complete. Staff met with McAdams and discussed the preliminary designs December 19, 2022.
Staff provided comments and they are moving into construction drawings. Staff is awaiting the
final construction drawings, once received the bids will be let. The project must be complete by
December 31, 2023.
Golden Leaf
Staff was notified by Golden Leaf on June 7, 2022, that the Board of Directors of the Golden
LEAF Foundation has approved funding for the project, “Town-wide Hydrologic + Hydraulic
Analysis,” in the amount of $225,250. The project includes an overall assessment of the Town’s
existing drainage system, including major areas of existing flooding concerns and frequent
drainage problem areas/hot spots. Includes an approximate 4 square mile area of analysis,
including the eastern side of Town (Poorhouse Creek and systems draining southward to the
Cape Fear River) and the primary downtown grid system.
The project kickoff meeting was August 2, 2022. Staff discussed priority areas and the scope of
work with the selected engineering firm McAdams. McAdams is wrapping up the assessment of
current data and field data. They started mapping the Town’s assets, as seen below. They have
also started the modeling. This project will take approximately a year to complete in its entirety.
McAdams has begun the modeling process.
PARTF River Park Phase II
Staff met onsite to discuss with a contractor the installation of the pedestrian bridges. Two
pedestrian bridges will be installed in order to connect the trail at the River Park to Cape Fear
River Adventures. The contractor will be onsite in March to install the bridges. Once the bridges
have been installed the asphalt will be poured. The trails leading to Cape Fear River Adventures
are currently under construction.
Capeton Greenway RFQ Staff reviewed the four proposals for Engineering Services for the Capeton Greenway on February 2, 2022. Staff will be notifying the selected firm to negotiate the price for the
engineering services. If a consensus can be met with the firm, staff will have a contract for Board
approval within the next couple of months. Contracts Executed System Development Fees Contact with Willdan Financial Services. A new system development
fee study has to be done every five years to continue charging system development fees. Willdan
will present to the Board of Commissioners their findings before the FY23-24 budget is approved.
AGENDA ITEM SUMMARY
Date of Meeting: February 13, 2023
Staff Work By: Joseph Jeffries, Town Manager
Lisa Young, Assistant Town Manager
Alicia Gregory, 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 February 14, 2023.
RECOMMENDED ACTION
No Action Required.
AGENDA ITEM #5