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HomeMy WebLinkAbout2010-040 AMS - Owens Roofing for roof repair at John M. Link, Jr. Government Services Center NORTH CAROLINA CONSTRUCTION AGREEMENT UNDER$100,000.00 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter called "Agreement"), made as of the 23rd day of April, 2010, by and between Owens Roofing, Inc., (hereinafter called the "Contractor"), and Orange County, a body corporate and politic and a political subdivision of the State of North Carolina, (hereinafter called the "Owner"). WITNESSETH: That the Contractor and the Owner, for the consideration herein named, agree as follows: 1. 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 attached hereto and made a part hereof as if fully contained herein: • Construction Drawings prepared by 5thWall Building Diagnostics Consultants (Sheet 1.0.1 dated January 12, 2010) • Minutes of Pre-bid Conference dated January 21, 2010. • Link Government Services Center Remedial Roofing proposal dated February 1, 2010 which fully describes the work to be performed, such work hereinafter called the "Work". 2. TERM AND SCHEDULING a. The Contractor agrees to commence work executed original of this Agreement and agrees to complete fully all Work included by July 16, 2010. b. Time is of the essence with respect to all dates specified in the Contract Documents as Completion Dates. c. 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. d. 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. e. Should the Owner determine that the Contractor is behind schedule, it may require 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 at no additional cost to the Owner. 3. STANDARD OF CARE a. The Contractor shall exercise reasonable care and diligence in performing the Work in Revised January 2010 1 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/or submission of all work related to the Basic Services. 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, 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. Contractor agrees that Contractor, its employees, agents and its subcontractors, if any, shall be required to comply with all federal, state and local antidiscrimination laws, regulations and policies that relate to the performance of Contractor's services under this Agreement. f. If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Contractor represents that it and/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. 4. 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 a sum not-to- exceed twenty seven thousand, seven hundred and seventy seven Dollars ($27,777.00). Not later than the fifth (5th) day of each calendar month the Contractor shall submit to the Owner a Request for Payment for work done during the previous calendar month. The Request for Payment shall be in form of AIA Document G702 and shall show substantially the value of work done during the previous calendar month. The amount due for payment shall be ninety percent (90%) 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. Final payment shall not be due to the Contractor until thirty (30) days after all work has been satisfactorily completed. 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 seven (7) days to cure the breach. Owner may withhold the accompanying payment without penalty until such time as Contractor cures the breach. Should Contractor or its representatives fail to cure the breach within seven (7) days, or fail to reasonably agree to such modified schedule, Owner may immediately terminate this Agreement in writing, without penalty or Revised January 2010 2 incurring further obligation to Contractor. 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. 5. INSURANCE a. Minimum requirements — The Contractor shall obtain, at its sole expense, all insurance required under this Agreement and the Contractor shall not commence work until such insurance is in force nor shall the Contractor allow any Subcontractor to commence work on its subcontract until all insurance required to be procured by Subcontractors hereunder has been so obtained by or for the Subcontractor. All required insurance shall be procured from insurance companies licensed to do business in North Carolina with a Best's Insurance Guide Rating of A- or better. Coverage for the following types of insurance shall be maintained continuously during the life of the Project until Final Completion of the Work. Coverages shall be maintained continuously during the life of the Project until Final Completion of the Work for the following types of insurance in the amounts listed: i. Worker's Compensation Insurance with limits for Coverage A Statutory - State of North Carolina and Coverage B Employers Liability $500,000 each accident and policy limit and disease each employee. ii. Comprehensive General Liability and Property Damage Insurance ($500,000 Each Occurrence; $1,000,000 Aggregate). iii. Contractual Liability (Bodily Injury and Property Damage $500,000 Each Occurrence; Property Damage $1,000,000 Aggregate). iv. Personal Injury,with Employment Exclusion deleted ($1,000,000 Aggregate). v. Comprehensive Automobile Liability Insurance (Bodily Injury $100,000 Each Person/Each Accident, $300,000 Each Occurrence; Property Damage $100,000 Each Occurrence). b. Additional Insured — The Owner shall be named as additional insured on all forms of insurance except Worker's Compensation. Each certificate of insurance and policy required hereunder, except the worker's compensation policy, shall bear the provision that "The policy cannot be canceled or reduced in amount and that coverage cannot be eliminated in less than thirty (30) days after mailing written notice to the Owner of such alteration, cancellation, or elimination, the written notice to be sent by Certified Mail." 6. INDEMNITY The Contractor shall indemnify and hold harmless to the 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 Revised January 2010 3 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. 7. GOVERNING LAW 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 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. 8. NON—ASSIGNMENT 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. 9. NON—APPROPRIATION 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. In the event that public funds are unavailable and 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 and 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, but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the Owner's statutory authority, mandate and/or mandated functions, by state and/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 Owens Roofing, Inc. P.O. Box 8181 301 West Cabarrus Street Hillsborough,NC 27278 Raleigh,NC 27601 11. TERMINATION The Owner may, without cause, order the Contractor to terminate, suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. In the event of termination by the Owner under this Agreement, the Contractor shall be entitled to receive its reasonable and documented direct costs prior to termination, including the cost of materials purchased for the Work Revised January 2010 4 which purchases cannot be canceled or which material cannot reasonably be used by the Contractor on other work, and the cost of closing down the work in a safe and efficient manner. 12. ENTIRE AGREEMENT All of the documents listed, referenced or described in this Agreement, the written Notice-to- Proceed,together with Modifications made or issued in accordance herewith are the Contract Documents, and the work, labor, materials and completed construction required by the Contract Documents and all parts thereof is the Work. The Contract Documents constitute the entire agreement between Owner and Contractor. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. If any provision of the Agreement shall be declared invalid or unenforceable,the remainder of the Agreement shall continue in full force and effect. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and date first above written in a number of counterparts, each of which shall, without proof or accounting for other counterparts, be deemed an original contract. ORANGE TY CONTRACTOR Owens Roofing,Inc. L_ Federa ID b 56-1533544 Signature Signature I/CC te,1218 Bert Ow /N Valerie Foushee, Chair Print e and Title This instrument has been approved as to technical content. Pamela K o , epartment Director y_IYORTN.G� This instrument has been pre-audited in the manner required by the Local rnment Budget and Fiscal Control Act. IAi` Clarence G. Grier, Finance Director -2 This instrument has been approved as to legal form and sufficien LZ J n L. Roberts, County Attorney Revised January 2010 5 CERTIFICATE OF LIABILITY INSURANCE OP ID SW DATE(MMIDDIYYYY) OWENS-1 04/26/10 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Senn Dunn - Raleigh HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 4505 Falls of Nauss Rd, St 650 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Raleigh NC 27609-2521 Phone: 919-719-9570 Fax: 919-719-9571 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA p�nn,ylv�ol•K�clawl Kutu�l INSURER B: Stonewood Insurance Co. 11828 Owens Roofing, Inc. INSURER C: Rockhill Insurance Company 301 West Cabarrus St. INSURER D: Raleigh NC 27601-1712 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR D'L POLICY EFFECTIVE POLICY EXPIRATION LTR NERD TYPE OF INSURANCE POLICY NUMBER DATE(MMSTONM) DATE(MMIODIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGETO RENTED A X COMMERCIAL GENERAL LIABILITY CX90639485 05/01/09 05/01/10 PREMISES(E—) $ 100,000 CWMS MADE Fx_�OCCUR MED EXP(Any one Person) E 10,000 A X Blanket Add Insd CX9063485 05/01/09 05/01/10 PERSONAL SADVINJURY E 1,000,000 GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG E 2,000,000 PRO- POLICY X 1E T LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT E 1,000,000 A X ANY AUTO AU90639485 05/01/09 05/01/10 (Ee wxid.nQ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per pereon) E A X HIREDAUTOS BODILY INJURY $ A X NON-OWNED AUTOS (Per mcid-t) • X Comp-Various Ded PROPERTY DAMAGE • X Coll-Various Dad er (Pecddere) E GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC E AUTO ONLY: AGO $ EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE 5 4,000,000 A X OCCUR ❑CLAIMS MADE UL90639485 05/01/09 05/01/10 AGGREGATE E 4,000,000 S DEDUCTIBLE $ X RETENTION E 0 S WORKERS COMPENSAl10N WC STATU- OTH- ANDEMPLOYERS'LIABILTY YIN X TORVLIMITS ER B ANY PROPRIETORIPARTNERIEXECUTIVE WC100 0002387-2009A 01/01/10 01/01/11 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N (Madrtory in NH) E.L.DISEASE EA EMPLOYEE E 1,000,000 I yea,d.sO under SPECIAL PROVISIONS be E.L.DISEASE POLICY LIMIT $ 1,000,000 OTHER • Pollution Liab RCPL E 002561-00 03/03/10 03/03/11 1,000,000 2,000,000 • Builders Risk CX90639485 1 05/01/09 1 05/01/10 1,000,000 1000 Ded DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION OPA8181 DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF MY KIND UPON THE INSURER,ITS AGENTS OR Orange County REPRESENTATIVES. PO Box 8181 illsborou h NC 27278 ' ... �lL'�R.... ACORD 25(2009/01) v Tyoo-cuvs Aaa,umw%,vmr-um aTION. All rights reserved. The ACORD name and logo are registered marks of ACORD