HomeMy WebLinkAbout2011-254A Housing - Citty's Plumbing and Pools, Inc. - Construction Agreement o?jam'
[Departmental Use Only]
TITLE Rogers Road Infrastructure
FY 2011 -2012
NORTH CAROLINA
CONSTRUCTION AGREEMENT UNDER$250,000.00
ORANGE COUNTY
THIS CONSTRUCTION AGREEMENT (hereinafter called "Agreement"), made as of the 20th day of
July, 2011, by and between Citty's Plumbing and Pool, 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:
a. Construction Drawings prepared by Orange County Staff(Sheet dated 6/7/2011)
b. Written specifications prepared by the project engineer.
c. 1623 proposal dated June 7, 2011 which fully describes the work to be performed, such work
hereinafter called the"Work".
d. Other documents as follows: Bid 1623, Citty's response to Orange County Bid No. 1623, Addendum
1 and Addendum 2.
2. TERM AND SCHEDULING
a. The Contractor agrees to commence work on the date of the executed original of this Agreement
and agrees to complete fully all Work included by September 20, 2011.
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.
Revised December 2010
3. 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/or 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, 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 for a sum not-to-exceed Twenty eight
thousand five hundred and thirty Dollars ($28,530.00). 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 the form of a
standardized invoice or AIA Document G702 and shall show substantially the value of the 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 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
Revised December 2010 2
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
a. 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 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.
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 5 above.
Revised December 2010 3
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 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 in a form and substance mutually acceptable to Owner and Contractor.
d. By executing this Agreement Contractor agrees to abide by and be bound by the indemnification
provisions of Section 6(c)above.
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 Citty Plumbing and Pools,Inc
Attn: Tara L. Fikes Attn: Steve Citty
P.O. Box 8181 1305 Coach Road, Suite C
Hillsborough,NC 27278 Reidsville,NC 27320
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 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
Revised December 2010 4
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 COUNTY CONTRACTOR
_�
Signature Signa
Frank W. Clifton,Manag 5 6 A
Printed Name and Title
This ins ent has been approved as to technical content.
L. Fikes, Departm irector
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control
Act.
Office of the Finance Director
This ' n has been approved as to legal form and sufficiency.
t1t
Offi e of the my A orney
Revised December 2010 5
COUNTY OF ORANGE
FINANCIAL SERVICES— PURCHASING
PO BOX 8181
HILLSBOROUGH, NORTH CAROLINA 27278
ORANGE COUNTY BID NO. 1623
June 7, 2011
ATTENTION:
INTERESTED VENDORS
Orange County requests your competitive quotation to furnish the item(s) listed belowfor Orange County
Housing and Community Development, Hillsborough, NC.
Please transmit this quotation via facsimile or deliver by hand or U.S. Mail, to the Orange County
Purchasing Agent-fax#(919) 644-3324 (NEW!!) , 200 South Cameron Street, Hillsborough, NC 27278
by June 21, 2011 at 11:00 AM
ITEM LUMP SUM
# COMMODITIES/GOODS OR SERVICES COST
LUMP SUM COST FOR FIVE WATER CONNECTIONS IN CHAPEL HILL
1 PER ATTACHED SPECIFICATIONS AND ATTACHMENTS. BASED ON
AN ESTIMATED TOTAL OF 690 LF. PLEASE STATE COST PER LF $
FOR BILLING PURPOSES $ /LF
LUMP SUM COST FOR FIVE SEWER CONNECTIONS IN CHAPEL HILL
2 PER ATTACHED SPECIFICATIONS AND ATTACHMENTS. BASED ON
AN ESTIMATED TOTAL OF 616 LF. PLEASE STATE COST PER LF $
FOR BILLING PURPOSES $ /LF
3 LUMP SUM MOBILIZATION, EXCAVATION, PERMITS, VALVES,
SEEDING, ETC.. $
Total items 1-3 $
Will any people working on this job make less than $10.33 per hour YES
NO If yes, the lowest hourly wage to be paid any employee shall be: $ / HOUR
CAN YOU START IMMEDIATELY? YES NO IF NO WHEN?
PLEASE STATE THE NUMBER OF DAYS TO COMPLETE THE WORK DAYS
PLEASE SEE ATTACHED INSTRUCTIONS TO BIDDERS
FIRM NAME
LICENSE#
BY
(Proposal must be signed in writing)
ADDRESS FAX:
TELEPHONE:
EMAIL:
BID DOCUMENT 1623 PAGE 1 OF 4
COUNTY OF ORANGE
FINANCIAL SERVICES - PURCHASING
PO BOX 8181 11200 South Churton Street
HILLSBOROUGH, NORTH CAROLINA 27278
1.AI1 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 the Orange County Financial Services- Purchasing Division,200 S
Cameron Street, Hillsborough, North Carolina 27278.
2.Orange County reserves the right to award the bid that is in the best interest of Orange County or to reject any
or all bids, and to waive minor irregularities.
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 bid,therefore there will not be a formal opening. Results will be made
available after 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 hold the contractor responsible for any excess cost occasioned thereby.
5.Payment by check 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 not be included in the bid amount.
7.13ids submitted via facsimile shall be accepted.
8.Proposals received after opening date and time shall not be considered.
9.13ids must be signed and submitted on the attached form.
10. All bids must be returned in a sealed envelope with the bid number, opening date and license number
prominently displayed.
11. The successful contractor shall be responsible for obtaining all permits and inspections from Chapel Hill
and/or OWASA. .
12. Contract: Attached is a copy of the County's standardized contract. All insurance requirements are
contained therein. Please read the agreement carefully as that document and this bid shall constitute the
agreement he cost of all insurance shall be included in the price(s) bid.
The Contractor shall not commence work until he has obtained all the insurance required herein. Insurance
shall be maintained in full force and effect until the Contract has been fully and completely performed, as
evidenced by final acceptance payment. Contractor shall provide Certificate of Insurance reflecting
aforementioned coverages as proof of coverage. Certificate of Insurance shall provide for a thirty(30) day
written notice to the Owner in the event of any modifications, cancellation, or expiration of said policies.
Work shall not commence until the contractor has obtained all required insurance and the owner has
approved verifying certificates of insurance in writing.
13. Orange County supports a living wage of $10.33 per hour. Please indicate on the bid form whether any
workers on this job will make less than $10.33 per hour
14. All contractors are hereby notified that they must have proper license under the State laws governing their
respective trades. Please display license number on your submittal.
BID DOCUMENT 1623 PAGE 2 OF 4
15. Please supply a list of 3 commercial references with phone numbers and contact people. If you have not
completed a similar job for Orange County
16. Please direct questions concerning this bid to David Cannell, Purchasing Agent Orange County Financial
Services— Purchasing Division, (919) 245-2651 or via email at dcannell @co.orange.nc.us.
BID DOCUMENT 1623 PAGE 3 OF 4
SPECIFICATIONS
Rogers Road Community Water and Sewer Connection Grant Project
Orange County has received a grant to install water and sewer service connections to serve several houses in
the Rogers Road community, northwest of Chapel Hill, NC. The number of connections and estimated
distance to service main for each is shown in Attachment 1. These water and sewer services will be installed
according to OWASA standard specifications and will require a plumbing permit from the Town of Chapel Hill.
It will be the Contractor's responsibility to comply with OWASA's specifications and with the plumbing code
requirements upheld by the Town of Chapel Hill. In general,the project will consist of the following:
Water Service Connections
• Cut and cap the existing supply line that runs from the existing well to the residence.
• Install a pressure reducing valve and a gate valve on the"house"side of the existing water line.
These valves should be installed in a meter box .
• Install a 3/d'water line between the existing meter base and the pressure reducing valve/gate
valve assembly.
• Install a Watts Ball cock w/pressure release valve in an existing water closet inside the
residence.
• Include all applicable permits to do this work in your bid.
• All valves and lines are 3/a".
• Seed and straw disturbed areas when done.
• Contractor will provide any traffic control or other safety measures according to the most
current NC DOT, OSHA or other safety requirements related to the work being performed.
Sewer Service Connections
• Excavate to existing sewer main.
• Coordinate with OWASA, who will drill tap into ductile iron sewer main and install saddle.
• Install 4" ductile iron service lateral and cleanout to property line (see OWASA Standard Detail,
Attachment 2).
• Install 4" PVC Schedule 40 service lateral to connect existing residence wastewater system to 4"
ductile iron cleanout at property line.
• Cap existing wastewater line to septic tank.
• Seed and straw disturbed areas when done
• Contractor will provide any traffic control or other safety measures according to the most current
NC DOT, OSHA or other safety requirements related to the work being performed.
Bids will be awarded based on the total project cost. Installation of water and sewer line will be bid on a
per foot basis. The water and sewer line portion of the project cost will be determined by multiplying the
per foot price times the estimated service line distances provided by the County in Attachment 1. The
other portions of the project, e.g. mobilization, excavation, permits, valves, etc., will be bid as a lump
sum. The per foot price included in the bid will be the price used to pay(or deduct) for any differences in
the estimated distances and the actual service line lengths.
BID DOCUMENT 1623 PAGE 4 OF 4
._-.__....._._ _.. .... ... _ .._... ....._ ..y r-........_
-.. —
Name Address WIS Distance
to service
MORE 7718 Rogers Rd. Water 134
7719 Rogers Rd. Water 102
T IM 1706-A Purefoy Dr. Water 268
1712 Purefoy Dr. Water 110
1708 Purefoy Dr. Water 76
1715 Rusch Rd. Sewer 60
1717 Rusch Rd. Sewer 50
1709 Rusch Rd. Sewer 120
1712 Purefoy Dr. Sewer 156
8108 Rogers Rd. I Sewer 1 230
Details Provided by APPIAN Consulting Engineers — WWW.APPIANENGiNEERS,COM IRlext (Rlext)
10 3/4"
US FOUNDRY 7610 FC or
CAPITOL FOUNDRY I i1 I
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ITEM NUMBER VB-9*S
MATERIAL COATING
SPECIFICATION
GRAY IRON BITUMEN
ASTM A48
CLASS 30 g f ��
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PROFILE
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C.I. FERRULE WITH BRASS PLUG ADJUSTABLE CLAMPS—,,,f-,--
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4" DUCTILE IRON PIPE `
4" MJ PLUG
4" DUCTILE IRON PIPE SERVICE CONNECTION MUST BE
SERVICE LATERAL MADE AT THIS POINT, (USE
CONFIGURATION VARIES TRANSITION GASKET WHEN
ATTACHING TO PVC OR CISP
4" DUCTILE IRON PIPE. SERVICE LATERAL.)
ROMAC INDUSTRIES, INC,
EXISTING CS-4.80 (6"-12")
MAIN
EXISTING CB-4.80LS (14"-24")
SEWER SADDLE AT 45'
4" TAP AT 2 O'CLOCK OR 10 O'CLOCK
POSITION, IF GOOSE NECK FITTING IS USED,
I PROVIDE APPROVED SUPPORT METHOD
MAINTAINED BY MAINTAINED BY
—OWASA— PROPERTY OWNER
NOTES;
1. This detail depicts a typical layout. Variations may be approved.
2. Service saddles may be used only on existing sewer mains. Tees / Wyes shall
be used for new construction.
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:sday,June 07,2011 11:40 AM To:mac wray From:David Cannell, 919-6443324(NEW!!) Page:2 of 12
COUNTY OF ORANGE
FINANCIAL SERVICES— PURCHASING
PO BOX 8181
HILLSBOROUGH, NORTH CAROLINA 27278
ORANGE COUNTY BID NO. 1623
June 7, 2011
ATTENTION:
INTERESTED VENDORS
Orange County requests your competitive quotation to furnish the item(s)listed below for Orange County
Housing and Community Development, Hillsborough, NC.
Please transmit this quotation via facsimile or deliver by hand or U.S. Mail, to the Orange County
Purchasing Agent-fax# (919) 644-3324 (NEW!!) , 200 South Cameron Street, Hillsborough, NC 27278
by June 21, 2011 at 11:00 AM
ITEM LUMP SUM
# COMMODITIES/GOODS OR SERVICES COST
LUMP SUM COST FOR FIVE WATER CONNECTIONS IN CHAPEL HILL
1 PER ATTACHED SPECIFICATIONS AND ATTACHMENTS. BASED ON
AN ESTIMATED TOTAL OF 690 LF. PLEASE STATE COST PER LF
$ C4�/
FOR BILLING PURPOSES ._/LF
LUMP SUM COST FOR FIVE SEWER CONNECTIONS IN CHAPEL HILL
2 PER ATTACHED SPECIFICATIONS AND ATTACHMENTS. BASED ON
AN ESTIMATED TOTAL OF 616 LF. PLEASE STATE COST PER LF $
FOR BILLING PURPOSES a2Q JLF
3 LUMP SUM MOBILIZATION, EXCAVATION, PERMITS, VALVES,
SEEDING, ETC.. $ � 606
Total items 1-3 $ IX04 a
W any people working on this job make less than $10.33 per hour YES
NO 1Z If yes, the lowest hourly wage to te paid any employee shall be: $ / HOUR
CAN YOU START IMMEDIATELY? YES NO IF NO WHEN?
PLEASE STATE THE NUMBER OF DAYS TO COMPLETE THE WORK DAYS Zo
PLEASE SEE ATTACHED INSTRUCTIONS TO BIDDERS
Q 9� FIRM NAME C_ i'i t IWI G �.fJ +'✓J rl�� .r/C
LICENSE# lD(J `
BY
posal must be sign -writing)
ADDRESS 1305 G FAX:
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TELEPHONE: ��� y 7 —752 2—
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Orange County
Financial Services Department
ADDENDUM#1
June 15, 2011
Bid 1623
Water and Sewer Connections
To all Vendors:
Modifications to bid documents for the above named Request for Proposal are made as follows and shall be
included in the proposed amount.
1. Any asphalt repair or patching will be the responsibility of the Contractor. Asphalt damaged as a result of
making any of the connections associated with this project should be repaired by the Contractor.
2. See below. Also, please refer to the OWASA detail included in the bid package, which requires the
service lateral from the connection to the sewer system to the edge of sewer easement be ductile iron.
3. Please use this specification for the PVC pipe from the edge of sewer easement to the house:
"All sanitary sewer services will be 4" Schedule 40 PVC piping with solvent weld cement joints. All PVC
sanitary sewer service connections will meet or exceed standards set by ASTM D-1785, latest revision.
All PVC compounds used in the manufacture of the Schedule 40 PVC piping will meet or exceed cell
Class 12454-B as described in ASTM D-1784, latest revision.
Solvent cements for joining PVC piping will comply with ASTM D-2564, latest revision, including a
primer that complies with ASTM F-656."
All other terms and conditions shall remain the same
By: David E. Cannell, Purchasing Agent; dcannellC@co.orange.nc.us - (919) 245-2651
A signed copy of this addendum shall be included with the bid submitted by your company
Company Name: ' C ti c
By:
Date Received:
P.O. Box 8181 200 South Cameron Street Hillsborough, North Carolina 27278
Telephones: Area Code 919 245-2651 Fax: 919 644-3324
Page 1
2011 Jun 29 12: 23PM J MICHAEL FRRGIS CPR 3363493000 p. 1
Big CERTIFICATE OF INSURANCE 06
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Insured or the Agent.Umlts shoNa may have been reduced by
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WATER & SEWER LINE INSTALLATION/REMOVAL; PLUMBING MATTERS- POOL WORK.
CANCELLATION FOB IION-MYIMEIIT,CAME 611 NAMED IRiSBREWS 1111011M.When an automobile policy Is canest►ed,wri len notice wIR be mulled to the Celflticate HeNw..When any
ofthe above described policies(other than automobile)are cancelled before the expiration date thereof ERIE will endsavor to man wrlaen notice to the Cettiticate Holder after the decision
cancel.Fairs to mail sorb wiloe shall Impose no ebligullon or liability of any Nod upon ERIE,its AG nts ar repmeentsawas.
CANCEtLafflii FOR SPEIMAL MM UM f f ttre hoe is xdreoled,this CoM abr hlvWm a special conbwet and the foiawing eaxaRatlae trasidoas apply)when an automobile PcI4 Is
cancelled,written W11ce vA be milled to the CoMfic to Holder.When any ofthe above described policies owthan wamol ft we ceneeiled before the woraft daM thereof,ERE WI endmvw
to mail 1 d days wrRlen Woos to the Mitillcate Molder after the decision to aanael.Failure In nail such notice shell kipme no ob%Wm or labpllr of art►idnd upon ERIE,RB Agents or
reptsaenEalhAls.
HOLDER
ORANGE COUNTY FINANCIAL SERVICES FI�iEROLOER
208 S. CAMERON STREET Iceyour ted, of hilturarim fw them Odw policies WHI
HILLSBOROUGH, NC 27278-2505 bGftwww Ito you assomtagthiywe
bTMO 11107
oRa®oi;Pe Mrs .
Addendum 2
HUD Clauses
Department of Housing and Urban Development Documents
The Contractor for the Rogers Road Infrastructure Project agrees to comply and conform with
the following HUD Regulations:
1. Conflict of Interest Provisions. The Contractor shall not have any interest, direct or
indirect, present or perspective, in any dwelling described in this agreement which
conflict in any manner or degree with the construction work. The Contractor and any
employees of the Contractor so long as they are employed by the Contractor will not
acquire any such interest. Further, no member of the governing body of the County, and
no other officer, employee, or agent of the County who exercises any functions or
responsibilities in connection with the carrying out of the work to which this agreement
pertains shall have any personal interest, direct or indirect, in this agreement. Immediate
family members of said members; officers, employees and officials are similarly barred
from having any financial interest in the program.
2. Legal Remedies. Time is of the essence, and it is agreed that any delay beyond the time
specified for completion stipulated herein shall result in the Contractor being charged
with liquidated damages for the delay in the sum of two-hundred dollars ($200.00) per
day for each working day beyond the time limit agreed upon.
3. Termination Provision. In the event of breach of any condition or circumstances beyond
the control of the Contractor, Orange County, NC shall have the right, by prior notice to
the Contractor, to terminate this employment hereunder and cancel this agreement and
have the work called for hereby otherwise performed, without prejudice to any other
rights or remedies of Orange County, NC. The Contractor shall be entitled to receive
compensation for all work completed and accepted prior to such termination or
cancellation.
4. Nondiscrimination Clause. No person in the United States shall on the grounds of race,
color, national origin or sex be excluded from participation in, be denied the benefits of,
or be subjected to discrimination under any program or activity funded in whole or in part
with funds available under this title (Section 109, Housing and Community Development
Act of 1974).
5. Nondiscrimination on the Basis of Age. No qualified person shall on the basis of age be
excluded from participation in, be denied the benefits of, or otherwise be subjected to
discrimination under any program or activity which receives or benefits from Federal
financial assistance
6. Nondiscrimination on the Basis of Handicap. No qualified handicapped person shall, on
the basis of handicap be excluded from participation in, be denied the benefits of, or
otherwise be subjected to discrimination under any program or activity which receives or
benefits from Federal financial assistance.
1
7. Executive Order Clause for Contracts $10,000 and over. During the performance of this
contract, the Contractor agrees as follows:
(a) The Contractor will not discriminate against any employee or applicant
for employment because of race, color, religion sex or national origin.
The Contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without
regard to their race, color, religion, sex, or national origin. Such action
shall include but not be limited to the following: employment,
upgrading, demotion or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and
selection for training including apprenticeship. The Contractor agrees
to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the contracting officer setting
forth the provisions of this nondiscrimination clause.
(b) The Contractor will, in all solicitations or advertisements for employees
placed by or on behalf of the Contractor, state that all qualified
applicants will receive consideration for employment without regard to
race, color, religion, sex or national origin.
(c) The Contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other
contracting officer, advising the labor union or workers' representative
of the Contractor's commitments under Section 202 of Executive Order
11246 of September 24, 1965, and of rules, regulations, and relevant
orders of the Secretary of Labor.
(d) The Contractor will comply with all provisions of Executive Order No.
11246 of September 24, 1965, and of rules, regulations, and relevant
orders of the Secretary of Labor. Executive Order 11246 provides that
no person shall be discriminated against on the basis of race, color,
religion, sex or national origin in all phases of employment during the
performance of Federal or federally assisted construction contracts. As
specified in Executive Order 11246 and the implementing regulations,
contractors and subcontractors on Federal or federally assisted
construction contracts shall take affirmative action to ensure fair
treatment in employment, upgrading, demotion or transfer, recruitment
or recruitment advertising, layoff or termination, rates of pay, or other
forms of compensation and selection for training and apprenticeship.
(e) The Contractor will furnish all information and reports required by
Executive Order No. 11246 of September 24, 1965, and by the rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto,
and will permit access to his books, records, and accounts by the Town
of Chapel Hill, Orange County and the Secretary of Labor for purposes
of investigation to ascertain compliance with such rules, regulations and
orders.
(f) In the event of the Contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of such rules,
regulations, or orders, this contract may be cancelled, terminated or
suspended in whole or in part and the contractor may be declared
ineligible for future government contracts in accordance with
2
procedures authorized in Executive Order 11246 of September 24, 1965
and such order sanctions may be imposed and remedies involved as
provided in Executive Order No. 11246 of September 24, 1965, or by
rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
(g) The Contractor will include the provisions of paragraphs (a) through (g)
in every subcontract or purchase order unless exempted by rule,
regulations or orders of the Secretary of Labor issued pursuant to
Section 204 of the Executive Order 11246 of September 24, 1965 so
that such provisions will be binding upon each subcontractor or vendor.
The Contractor will take such action with respect to any subcontract or
purchase order as the contracting agency may direct as a means of
enforcing such provisions including sanctions for noncompliance.
Providing however, that in the event the Contractor becomes involved
in or threatened with litigation with a subcontractor or vendor as a result
of such direction by the contracting agency, the Contractor may request
the United States to enter into such litigation to protect the interest of
the United States.
8. Federal Labor Standards. The Contractor agrees to comply with the requirements of the
Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions
of Contract Work Hours and Safety Standards Act (40 US Code 327-330), the Copeland
"Anti-Kickback" Act (40 U.S.C. 276a-276a-5; 40 USC276c) and all other applicable
Federal, state and local laws and regulations pertaining to labor standards insofar as those
acts apply to the performance of this contract.
The Contractor shall maintain documentation that demonstrates compliance with hour
and wage requirements of this part. Such documentation shall be made available to the
Town or the County for review upon request. According to the terms of the Copeland
"Anti-Kickback" Act Provision, the Contractor shall be prohibited from inducing by and
means, any person employed in the construction, completion or repair of public work, to
give up any part of the compensation to which he is otherwise entitled. The grantee shall
report all suspected or reported violations to the grantor agency(DCA).
The Contractor agrees that, except with respect to the rehabilitation or construction of
residential property containing less than eight (8) units, all contractors engaged under
contracts in excess of $2,000 for construction, renovation or repair work financed in
whole or in part with assistance provided under this contract, shall comply with Federal
requirements pertaining to such contracts and with the applicable requirements of the
regulations of the Department of Labor, under 29 CFR Parts 1,3,5 and 7 governing the
payment of wages and ratio of apprentices and trainees to journey workers; provided, that
if wage rates higher than those required under the regulations are imposed by state or
local law, nothing hereunder is intended to relieve the Contractor of its obligation, if any,
to require payment of the higher wage. The Contractor shall cause or require to be
inserted in full, in all such contracts subject to such regulations, provisions meeting the
requirement of this paragraph.
9. Access to Records and Record Retainage Clause. In general, all official project records
and documents must be maintained during the operation of this project and for a period of
3
five years following close out. The Contractor is also required to maintain these records
for a period of three years following close out of this project. The U. S. Department of
Housing and Urban Development, the Comptroller General of the United States, the NC
Division of Community Assistance or any of their duly authorized representatives, shall
have access to any books, documents papers and records of the Administering Agency for
which are pertinent to the execution of the Agreement, for the purpose of making audits,
examinations, excerpts and transcriptions.
10. Lead Base Paint Clause. The Contractor will comply with the following lead based paint
regulations: (1) Prohibition of the use of lead based paint; (2) Elimination of immediate
lead-based paint hazards; and (3) Notification to Orange County of any structures
constructed prior to 1978 of the hazards of lead based poisoning. Orange County will
notify the residents of the lead-based paint hazards in structures constructed prior to
1978. To the extent that the subject matter of this contract involves residential structures,
the Contractor will comply with the lead based paint regulations.
11. Clean Water, Clean Air, Executive Order 11738 and EPA Regulations Provision
Compliance with Air and Water Acts
This agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC
1857 et seq., the Federal Water Pollution Control Act, as amended 33 USC 1251 et seq.
and the regulations of the Environmental Protection Agency with respect thereto, at 40
CFR Part 15, as amended from time to time.
The Contractor and any of its subcontractors for work funded under this agreement which
is in excess of$100,000, agree to the following requirements:
(1) A stipulation by the contractor or subcontractors that any facility to be utilized in
the performance of any nonexempt contract or subcontract is not listed on the
List of Violating Facilities issued by the Environmental Protection Agency
(EPA)pursuant to 40 CFR 15.20.
(2) Agreement by the Contractor to comply with all the requirements of Section 114
of the Clean Air Act, as amended (42 USC 1857c-8) and Section 308 of the
Federal Water Pollution Control Act, as amended (33 USC 1318) relating to
inspection, monitoring, entry, reports and information, as well as all other
requirements specified in said Section 114 and Section 308, and all regulations
and guidelines issued thereunder.
(3) A stipulation that as a condition for the award of the contract prompt notice will
be given of any notification received from the Director, Office of Federal
Activities, EPA, indicating that a facility utilized or to be utilized for the contract
is under consideration to be listed on the EPA list of Violating Facilities.
(4) Agreement by the Contractor that he will include or cause to be included the
criteria and requirements in paragraphs (1) trough (4) of this section in every
nonexempt subcontract and requiring that the Contractor will take such action as
the Government may direct as a means of enforcing such provisions.
4
In no event shall any amount of the assistance provided under this Agreement be utilized with
respect to a facility which has given rise to a conviction under Section 113(C) (1) of the Clean
Air Act or Section 309 (c) of the Federal Water Pollution Control Act.
12. Lobbying Clauses
Required by Section 1352, Title 31, U.S. Code
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment or modification of any Federal
contract, grant, loan or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract,
grant, loan or cooperative agreement, the undersigned shall complete and submit
Standard Form—LLL, Disclosure Form to Report Lobbying," in accordance with
its instructions.
This is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352,
Title 31, US Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
13. Federal State and Local Regulations. The Contractor agrees to abide by all Federal, State
and Local Regulations that may pertain to this project including fire safety codes,
building and zoning codes and housing quality standards.
5
Section 3 Clause
A. The work to be performed under this contract is subject to the requirements of section 3 of the
Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The
purpose of Section 3 is to ensure that employment and other economic opportunities generated by
HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent
feasible, be directed to low-and very low-income persons, particularly persons who are recipients
of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which
implement Section 3.As evidenced by their execution of this contract, the parties to this contract
certify that they are under no contractual or other impediment that would prevent them from
complying with the part 135 regulations.
C. The contractor agrees to send to each labor organization or representative or workers with
which the contractor has a collective bargaining agreement or other understanding, if any, a notice
advising the labor organization or workers'representative of the contractor's commitments under
this Section 3 clause, and will post copies of the notice in conspicuous places at the work site
where both employees and applicants for training and employment positions can see the notice.
The notice shall describe the Section 3 preference, shall set forth minimum number and job titles
subject to hire, availability of apprenticeship and training positions, the qualifications for each; and
the name and location of the person(s) taking applications for each of the positions; and the
anticipated date the work shall begin.
D.The contractor agrees to include this Section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided
in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the
subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not
subcontract with any subcontractor where the contractor has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR part 135.
E. The contractor will certify that any vacant employment positions, including training positions, that
are filled (1) after the contractor is selected but before the contract is executed, and (2) with
persons other than those to whom the regulations of 24 CFR part 135 require employment
opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR
part 135.
F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination
of this contract for default, and debarment or suspension from future HUD assisted contracts.
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