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Home My WebLink About2012-070 AMS - Penn-Davis Coating Inc for Resurface Kennel walls @ Animal Services $24570~~~~-a~~a ,~ r~l 5 NORTH CAROLINA ORANGE COUNTY CONSTRUCTION SERVICES AGREEMENT UNDER $25,000 THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this 9th day of March, 2012 by and between Orange County, North Carolina (hereinafter the "Owner") party of the first part; and Penn-Davis Coatings, Inc. (hereinafter the "Contractor"), party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinaf#er set forth, the Owner hereby contracts for the construcdon services of the Contractor, and the Contractor agrees to provide the construction services to the Owner in accordance with the terms of this Agreement. 1. TERM Beginning and ending dates of contract: 3-9-12 through 4-30-12. The Project Commencement Date shall be Mazch 19, 2012 or as coordinated between the Owner's and the Contractor's representatives. 2. MAXIMUM AMOUNT PAYABLE Dollar Amount Not to Exceed: Twenty-four Thousand Five Hundred Seventy Dollazs ($24,570.00) 3. SERVICES Contractor agrees to provide the following construction services (the "Work"): Wall resurfacing at Orange County Animal Shelter per estimate E030512A attached Contractor sha11 not sub-contract a11 or any part of the construction services provided for in this Agreement without prior written approval of the Owner. 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 Owner. 4. PAYMENT Contractor sha11 submit an invoice for construction services provided. The invoice shall contain Contractor's name and federal tax identification number and sha11 be signed and da.ted by an officer of Contractor. It shall detail all construction services provided in payment requests. The Owner will make payments to Contractor within thirty (30) days after receipt of and approval of the invoice by the contracting department. In the event the amount stated on an invoice is disputed by Owner, then Owner may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. In addition, should Contractor fail to perfonm its duties under the terms of this Agreement, Owner may, without fau~t or penalty, withhold any payment associated with the Work to be performed until such time as said work is completed. 5. RELATIONSHIP OF PARTIES Revised November 2011 Contractor is an independent Contractor of the Ovcmer, Contractor represents that it has or will secure, at its own expense, a11 personnel required in performing the construction services under this Agreement. Such personnel shall not be employees of or ha.ve any contractual relationship with the Owner. All personnel engaged in work under this Agreement shall be fully qualified and shall be authorized or permitted under state and local law to perForm such construction services. It is further agreed that Contractor will obey a11 State and Federal statutes, rules and regulations which are applicable to provisions of the construction services called for herein. Neither Contractor nor any employee of the Contractor shall be deemed an officer, employee or agent of the Owner. 6. TERMINATION T'his Agreement may be terminated by Contractor upon thirty (30) days' written notice to the Owner, and the Owner may terminate this agreement upon thirty (30) days' written notice to Contractor. 7. INSURANCE REQUIREMENTS Contractor sha11 obtain, at its sole expense, all insurance as required in the Owner's risk management policy and shall not commence construction work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. Such insurance shall name the Owner as Additional Insured under both General Liability and Auto Liability policies. 8. INDEMNIFICATION Contractor agrees to defend, indemnify, save and protect Owner and Owner's lender, if any, haimless from and against any and all claims, liens, liabilities, losses, damages, causes of action, and expenses (including court costs and reasonable attomey's fees related thereto) arising out of, in connection with, or resulting from any negligence, act or failure to act by the Contractor, the Contractor's agents, assigns or employees related to the Work. It is the intent of this section to require Contractor to indemnify the Owner to the eartent pernutted under North Carolina law. 9. NON-ASSIGNMENT Contractor sha11 not assign all or any part of this Agreement, including rights to payments, to any other party without the prior written consent of the Owner. 10. 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 sha11 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. Revised November 2011 2 In the event of a change in the Owner's statutory authority, mandate and/or manda.ted functions, by state and/or federal legislativ~ or regulatory action, which adversely affects Owner's authority to continue its obligations under this Agreement, then ttris Agreement shall automatically terminate without penalty to Owner upon written notice to Contractor of such limitation or change in Owner's legal authority. 11. ENTIRE AGREEMENT T'he parties ha.ve read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified by a written amendment to this Agreement signed by the parkies. Modifications may be evidenced by telefacsimile signatures. 12. GOVERNING LAW Both parties agree that this Agreement sha11 be govemed by the laws of the State of North Carolina and any action brought under this Agreement sha11 be brought in the General Court of Justice of the State of North Carolina in Orange County. IN WITNESS WHEREOF Orange County and the Contractor have signed this agreement, effective as of the day and date first above written. ORANGE COUNTY BY Z - ?i F . Clifto ager 200 S. Cameron . P.O. Box 8181 CONTRACTO By Hun er Lumsden P.O. Box 575 Garner, NC 27529 Hillsborough, NC 27278 's instrument has been approved as to technical content. ~ !~- ti t~- , Dep ent Director This instrument has been pre-audited in the manner required by the Loca1 Government Budget and Fiscal Control Act. CQ ~G,,c~..c~c. O /Q~ Office of the Finance Officer This instrument has been approved as to legal form and su -i~iciency. Office of e ounty Attorney Rev;sea xo~ember zoi i 3 penn-davis coatings, inc. p.a box 5~5 garner, north carolina 2~s29 phone (~v) nv-o2n Orange County Animal Services TO: 1601 Eubanks Rd. Chapel, Hill, NC 27516 Attn: Robert Marotto ESTIMATE & AGREEMENT ~D3~~1~A,. ~A3'~: ~Vlagc~ 5, ~i~ BID: We propose to furnish labor and/or materiai to compiete the work outlined herein for the suxn of: Twenty-four Thousand Five Hundred Seventy Dollars ($24,570.00) Payment to be made as follows: Net 30 Days We hereby submit specifications and bid for: Orange County Animal Shelter - Wall System Furnish and install wall resurfacing "Option 1" per letter to Ellen Weinstein dated 1-3-12 to 4 foot high walls in adoption area. Wa11s to be prepped and primed with Macropoxy 920 Pre Prirne. Surfaces to be skimmed with 3513 Epoxy Mastic. Walls to then receive two coats of Polysiloxane XLE-80. Removal of all stainless steel to be by the owner. Work td be done during normal business hours. CONTRACTOR'SGUARANTEE We guarantee all materials used in this contract to be as specified above and the entire job to be done in a neat, workmanlike manner. Any variations from plans or alterations requiring e~ctra labor or material will be performed only upon written order and billed in addition to the above sum. ements with our work- men are not cogni Signed: Date: 03-05-12 7'his contract is void 30 days from date unless signed and returned ro bidder Insurance certificates aro availabte upon request r , . ~ c f ~-~ ACCEPTANCE OF BID The above specifications, terms, and contract are satisfactory, and I hereby authorize this work to be performed. SHERW/N-W/LLIAMSs ~ w~ Protective & Marine Coatings Scott Davis Protective Coatings Representative 3820 Forsyth Park CouA Winterville, NC 28590 (919)795-6480 (919) 882-9778 f January 3, 2012 Ellen Weinstein Weinstein Friendlein Architects 601A West Main Street Carboro, NC 27510 Re: Orange County Animal Shelter Concrete Block Wall System Dear Ms. Weinstein, This letter is in regards to our meeting today at the above referenced site. The waterbased epoxy appears to be peeling down to the block filler applied during construction. Possible causes include coating the block before too early (moisture) and / or use of a filler that is not capable of handling the regular washdowns. These walls also see regular physical abuse from the animals. Below I will list two options or recommendations for application of a high performance wall system. I highly recommend applying a"test" wall to evaluate the stability of the existing system since this would be left in place in this scenario. The removal of the current applied system would be costly and require blasting which could damage the block. If total removal is desired, the surFace would be sandblasted to remove existing coatings and the High Performance System listed in the spec for other parts of the building could be used. Option 1: Wall Resurfacinq - Trowel Epoxv (Smooth Finish) Surface Preparation Thoroughly pressure wash to remove contaminants and loose coatings. Abrade the surFace thoroughly with power sanding to dull sheen and create a mechanical profile. Wipe dust free. Coatings Wall Surfacing: 3513 Epoxy Smooth Mastic Skim tooled mortar joints and allow to set 4-6 hours. Apply by trowel at 1/16-1/8 as needed to smooth walls. Allow to cure 12 hours minimum. Intermediate: Polysiloxane XLE-80 at 3.0-5.0 mils DFT Sealcoat: Polysiloxane XLE-80 at 3.0-5.0 mils DFT SHERW/N-W/LL/AMS~ ~ " ~~ Protective & Marine Coatings Scott Davis Protective Coatings Representative 3820 Forsyth Park Court Winterville, NC 28590 (919)795-6480 (919) 882-9778 f Option 2: Hiah Build Epoxv Coatinq Surface Preparation Thoroughly pressure wash to remove contaminants and loose coatings. Abrade the surFace thoroughly with power sanding to dull sheen and create a mechanical profile. Wipe dust free. Coatings Primer: 3462G Sanifiber Coating at 10.0-15.0 mils WFT Intermediate: 3462G Sanifiber Coating at 10.0-15.0 mils WFT Sealcoat: Polysiloxane XLE-80 at 3.0-5.0 mils DFT Should you require assistance or have any questions or concerns, please contact me at (919) 795-6480 or email at swrep4656 _sherwin.com. Thank you for using Sherwin Williams Protective Coatings! Sincerely, Scott Davis Senior Protective Coatings Representative Sherwin Williams Protective & Marine General Polymers Flooring NACE Certified Coating Inspector #11114 , A /~~~1 ~7 r~ ~ `~'~= "' CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 03I09/12 THIS CERTIFICATE IS ~SSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS . CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER S ( ), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED subject to , the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certiflicate does not confer rights to the certificate holder in lieu of such endorsement s. PRODUCER 919-772-0233 Jones insurance ~qency ~f1C NAMEACT , . P O Box 407 919-779-4025 PHONE qX a~ No EM : A/C No : Garner, NC 27529 -n~aa~ Jerry E. Jones, CIC ADDRESS: cusTOenER io a: PENND-1 INSURER S AFFORDING COVERAGE NAIC # INSURED Penn Davis Coating, inc. ~NSUReRn:Cincinnati Insurance Com an ~~67] P O Box 575 Garner NC 27529 iNSUReR e: Builders Premier insurance Co 13036 , INSURER C : INSURER D : INSURER E : ~ ~ INSURER P : --" ° rtcv~a~Vn rvVrvICiGK: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TH E POIICY 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 POI.ICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TR TYPE OF INSURANCE POLICY NUMBER Y PO~ CY EXP LIMITS GENERAL LIABILITV EACH OCCURRENCE $ 'I,OOO.~OO A x COMMERCIAL GENERAL LIABIUTV CPP0738957 07/25/12 01/2$/13 pREMISES Ea occurrence $ 50~,~0 CLAIMS-MADE ~ OCCUR MED EXP (My one person) $ ~ ~,~~ PERSONAL 8 ADV INJURY $ 'I OOO OO , ~ GENERALAGGREGATE OOO OO S Z , , GEN'L AGGREGATE LIMIT APPLIES PER: PR~ PRODUCTS - COMP/OP AGG $ Y,OOO,OO POLICY X LOC Em Ben. s 100/30 AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT $ ~ OOO OO A X ANVAUTO CPA0738957 01/25/12 01/25/13 ~Eaaccident) ~ , ALL OWNED AUTOS BODILY INJURY (Per parson) 5 SCHEDULEDAUTOS BODILVINJURY(Peraccitlent) $ X HIRED AUTOS PROPERTY DAMAGE (Per accident) $ X NON-OWNEDAUTOS g X Comp Ded $ s UMBRELLA LIAB X OCCUR EACH OCCURRENCE OOO OO $ S A EXCESS LIAB CLAIMS-MADE AGGREGATE , ~ OOO OO S S CCC4453037 01/25/12 01/25/13 , , DEDUCTIBLE $ RETENTION 5 . $ WORKERS COMPENSATION WC STATU- OTH- x AND EMPLOYERS' LIABILITY Y~ N ~ B ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? ^ N ! A PWCOOZOH~ O O'IIZS/'IZ 01/25/13 E.L. EACH ACCIDENT $ 'I OO,OO (Mandatory in NH) If yes describe under E.~. DISEASE - EA EMPLOYE S ~ 0~,~~ , DESCRIPTION OF OPERATIONS r below E.L. DISEASE • POLICY LIMIT JOO,OO $ Q Leased/Rented CPA0738957 01/25112 01/25/13 Limit 80,00 Ded t,oo DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES ~Attach ACORD 107, Additional Remerks Schedule, if more epace ia requirad) RE: Orange County Animal Services I.LR 1 11'11.Y 1!' 1"I( ll I IFK f+A \I/+CI 1 I~TIfl~1 ORANGEI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Of8ng2 COU11ty PUbI1C ACCORDANCE WITH THE POLICY PROVISIONS. WO~ICS Wayne Fenton AUTHORIZED REPRESENTATIVE 131 W Margaret Lane Ste 101 ~~Q L~~~ Hilisborou h NC 27278 CU 7988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD Fwm W~9 Request for Taxpayer (Rev.Novemberppp6) Identification Number and Certification DePertrnem of ihe rreaeury Int9mal Ravanue SarWrw N m ~~q a c ~ ~~ ~~ 0 ~ N a~ ~ ~ Name (as ahown o~ your income tax retum) Business nama, if diHerent from above Penn-Davis Coatings, Inc. Give form to the requester. Do not send to the IRS. Individual! Cheok appropriate box: ~ Sole proprietor ~~R~ration ~ Partnerahip [] pther - ~ Exempt (rom backup ~ . . . . . ~ . ~ . . . . . . " . withholding Address (number, street, and apt. or suite no.) 3 4 01 Jo n e s S a u s a e Rd . Requester's name and address (optional) g P.O. Box 575 City, state, and ZIP cocfe Garner NC 27529 Llat account number(s) here (optional) Enter your TIN in the eppropriate box. The TIN provided must match the name given on L(ne 1 to avoid backup withholding. For Individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part 1 instructions on page 3. For other entitles, it is your employer identificaUon number (EIN). If you do not have a number, see How to gef a TIN on page 3. Note. If the account Is In more than one name, see the chart on page 4 for guidelines on whose number to enter. Soeial security number or Under penaltfes of pe~jury, I certify that: 1. The number shown on this form is my correct taxpayer identificatlon number (or I am waiting for a number to be issued to me), and 2. i am ~ot subJect to backup withholding because: (a) 1 am exempt from backup withholding, or (b) I have not bsen notifled by the internal Revenue Service (IRS) that I am subject to backup withholding as a res,ult of a faiiure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. person (including a U.S. resident ailen). Certificatton instn,ctions. You must cross out item 2 above if you have been notified by the IRS that you are currently subJect to backup withholding because you have failed to report all interest and divldends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisitio~ or abandonment of secured property, cancellation of debt, contributions to an Individual retirement arrangement (IRA), and generaily, payments other than interest and divi~y ou are not required to sign the Certification, but you must provide your correct TIN. (See the Instructions on psee 4.1_ / / Sign I s~ynatu.e or Here u.s. ~-son - Purpose of form A person who is required to file an information return with the IRS, must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interesT you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. U.S. person. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. In 3 above, if applicabie, you ere also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantialiy similar to this Form W-9. For federal tax purposes, you are considered a person if you tates is in the following cases: are: • The U.S. owner of a disregarded entity and not the entity, Ca1. No. 10231X Form -9 (Rev. 11-2005) oat. - - -l'J ~- ~ Z.~ • An individual who is a citizen or resident of the United States, • A partnership, corporatlon, company, or association created or organized in the United States or under the laws of the United States, or • Any estate (other than a foreign estate) or trust. See Regulations sectlons 301.7701-6(a) and 7(a) for additional information, Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certaln cases where a Form W-9 has not been receiVed, a partnership is required to presume that a partner Is a forelgn person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provlde Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who gives Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on lts allocable snare of net income from the Sartnership conducting a trade or business in the United