HomeMy WebLinkAbout2012-100 AMS - Nice & Green for Flooring & Wall Renovatrions for SportsplexoZo jz_ ro a
~9~+Z S
[Departmental Use Only] ~ ~ ` ~ 3' s ~ > >
TITLE Sportsplex Locker Flooring ~ J
FY FY11-12
NORTH CAROLINA
ORANGE COUNTY
CONSTRUCTION AGREEMENT UNDER $1,000,000.00
THIS CONSTRUCTION AGREEMENT (hereinafter called "Agreement"), made as of the 27th day of
April, 2012, by and between N.I.C.E. and Green, (hereinafter called the "Contractor"), and Orange County, a
body 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. CONTRACT DOCUMENTS; PRIORITY
The Contract Documents consist of this Agreement, the Request for Proposals, Proposal,
Construction Drawings and Written Specifications. The Contract Documents form the Contract and are fully
incorporated herein. In the event of any inconsistency between or among the Contract Documents the
Contract Documents shall be interpreted in the following order of priority:
a. This Agreement.
b. Designer Approved Bulletins and/or Field Orders.
c. Request for Proposals and addenda thereto.
d. Proposal.
2. 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 made a part
hereof as if fully contained herein:
a. Construction Drawings prepared by N/A (Sheet dated
b. Written specifications prepared by the project engineer.
c. Flooring and wall proposal dated April 2, 2012, responding to bid #1651 (attached) which
fully describes the work to be performed, such work (hereinafter called the "Work").
d. Related documents listed under Section 1 above.
3. TERM AND SCHEDULING
a. The Contractor agrees to commence work pursuant to the written Notice-to Proceed.
b. The Contractor agrees to complete substantially all Work included by June 3rd, 2012.
Revised November 2011
•;
..
~ c. Time is of the essence with respect to all dates specified in the Contract Documents as
Completion Dates.
d. 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.
e. 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.
£ Should the Owner determine that the Contractor is behind schedule Owner may require, at no
additional cost to the Owner, 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.
4. 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 pertnit 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.
Revised November 2011 2
5. 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 One Hundred Nine Thousand Nine Hundred Dollars ($109,900). Not later than the
fifth (Sth) day of each calendar month the Contractor shall submit to the Owner's
Representative, generally the architect if an architect is retained on the Work, a Request for
Payment for work done during the previous calendar month.
i. The Request for Payment shall be in form of a standardized invoice or AIA Document
G702-703 appropriately addressed to Owner's Representative at P.O. Box 8181,
Hillsborough, NC 27278 and shall show substantially the value of work done during
the previous calendar month.
ii. The amount due for payment shall be ninety-five percent (95%) 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. Owner shall retain five percent
~5%)•
1. Upon Owner's Representative's certification that ninety percent (90%) of the
Work has been satisfactorily completed retainage may be discontinued.
Retainage may be discontinued, at Owner's Discretion, so long as work
continues to be completed satisfactorily and on schedule.
iii. Final payment shall not be due to the Contractor until thirty (30) days after one hundred
percent (100%) of the Work, including punch list work, has been satisfactorily
completed and an appropriate affidavit as required in Section 7(c) below has been
received by Owner.
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 ten (10) days to
cure the breach. Owner may withhold the accompanying payment without penalty until such
time as Contractor cures the breach.
i. Should Contractor or its representatives fail to cure the breach within ten (10) 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.
ii. 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.
6. INSURANCE AND BONDS
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 and evidence thereof submitted to Owner. All reyuired
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
Revised November 2011 3
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."
c. Performance Bonds - Contractor shall furnish bonds covering the faithful performance of the
Contract and payment of all obligations arising under any of the Contract Documents or related
in any way to the Work. Contractor shall immediately furnish a copy of such bonds to any
requesting person who appears to be a potential beneficiary of bonds covering payment
obligations arising under any of the Contract Documents. This subsection 6(c) applies only to
Contracts of fifty thousand dollars ($50,000.00) or more where the total cost for the project is
three hundred thousand dollars ($300,000.00) or more.
7. 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 6 above. In
Revised November 2011 4
the event any such lien is filed against Owner's property Contractor shall, through such bonds
and insurance or at Contractors expense, defend Owner against all such claims of lien.
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. Such indemnification shall be in a form and substance
acceptable to Owner.
d. By executing this Agreement Contractor agrees to abide by and be bound by the
indemnification provisions herein and of Section 7(c) specifically.
8. DISPUTE RESOLUTION AND GOVERNING LAW
a. Owner and Contractor agree that should a dispute arise as to the terms of the Contract
Documents the architect shall serve as the initial decision-maker, unless there is no architect
retrained on the project related to the Work. Owner and Contractor further agree as follows:
i. If there is no architect retained for the Work, Owner and Contractor agree, prior to the
initiation of any civil litigation, to submit to mediation by agreeing on an individual to
serve as mediator to mediate the dispute.
ii. Should the Owner and Contractor fail to mutually agree on an individual to serve as
mediator Owner may select a mediator to mediate the dispute.
iii. Any mediator selected under this section shall be an attorney licensed to practice law in
the State of North Carolina and shall be generally recognized as having experience in
mediating construction disputes.
iv. Owner and Contractor agree to equally share in the cost of a mediator selected under
this section.
b. 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 or the Contract
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.
c. Notice of any claim by Owner or Contractor must be initiated by written notice to the other
Party within thirty (30) days of the occurrence of the event giving rise to the claim or within
thirty (30) days of the discovery of the event or condition giving rise to the claim, whichever is
later.
i. Should any claim be made, regardless of whether such claim is made by Owner or
Contractor, Contractor shall continue to faithfully and diligently perform the Work in
such a manner as to meet all scheduled timelines. Any failure to faithfully and
diligently perform the Work may be deemed, by the Owner, a breach of the Contract.
ii. If a claim is made such claim shall be made to the initial decision maker, if applicable,
who may request more supporting data, reject the claim in whole or in part, approve
the claim in whole or in part or advise the parties the claim is unable to be resolved.
iii. If a claim is made by the Owner the Owner may, but is not obligated to, notify the
surety.
Revised November 2011 5
9. NON-APPROPRIATION
a. 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.
b. 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.
c. 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 N.LC.E. and Green
Attn: Pamela Jones Attn: Chris Weske
P.O. Box 8181 1183 University Drive #105-113
Hillsborough, NC 27278 Burlington, NC 27215
11. MISCELLANEOUS
a. Duties and Obligations imposed by the Contract Documents shall be in addition to any Duties
and Obligations imposed by state, federal or local law, rules, regulations and ordinances.
b. No act or failure to act by the Owner or Contractor shall constitute a waiver of any right or
duty granted them under the Contract Documents, nor shall any act or failure to act constitute
any approval except as specifically agreed in writing.
The Work shall be tested and inspected as required by the Contract Documents and as required
by law. Unless prohibited by law the costs of all such tests and inspections related to state and
federal codes such as ADA, Administrative, Electrical, Plumbing, Mechanical and Building
Codes shall be borne by the Contractor. The costs for material and structural testing shall be
conducted by an independent third party at the expense of the Owner. Delays related to any of
the aforementioned tests and inspections shall not be grounds for delaying the completion of
the work. If any such tests and inspections reveal deficiencies in the Work such that the Work
does not comply with terms or requirements of the Contract Documents and/or the
requirements of any code or law the Contractor is solely responsible for the cost of bringing
such deficiencies into compliance with the terms of the Contract Documents and/or any code
or law.
d. Should the Architect, if an architect is retained for the project involving the Work, or Owner
reject any portion of the Work for failing to comply with the Contract Documents Contractor
shall immediately, at Contractor's expense, correct the Work. Any such rejection may be
Revised November 2011 6
made before or after substantial completion. If applicable, any additional expense borne by the
Architect under this section shall be paid at Contractor's expense.
e. The Contractor shall not assign any portion of this Agreement nor subcontract the Work in its
entirety without the priar written consent of the Owner.
12. CONSEQUENTIAL AND LIQUIDATED DAMAGES
a. Owner and Contractor mutually waive any claim against each other for consequential damages.
Consequential Damages include:
i. Damages incurred by Owner for loss of use, income, financing, or business.
ii. Damages incurred by Contractor for office expenses, including personnel, loss of
financing, profit, income, business, damage to reputation, or any other non-direct
damages.
b. Liquidated damages shall be in accord with the Contract Documents.
13. TERMINATION OR SUSPENSION
a. 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
safe and efficient manner.
i. If Owner orders a delay, suspension or interruption of the Work, and such order is not
due to or as a result of any fault on the part of the Contractor, the Contractor may
recover a per diem amount at a rate calculated by N/A.
ii. If Contractor elects to accept the amount listed in the General Conditions provision of
the Construction Documents Contractor waives any right to further claims for payment
of damages sustained as a result of Owner's order to delay, suspend or interrupt the
Work.
b. Contractor may terminate the Contract if, at the Owner's written direction, the Work is stopped
for thirty (30) consecutive days through no act or fault of the Contractor, their agents or
employees, or a subcontractor or their agents or employees or any other person performing
work pursuant to the Contract Documents. Contractor may terminate the Contract if a Court or
other Public authority having jurisdiction enters a lawful order that requires all work to be
stopped and such stoppage lasts for thirty (30) consecutive days.
14. 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.
Revised November 2011 7
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
(~F~tS ~~~'c. O~v~.J f.2
Printed Name and Title
T s instrument has been approved as to technical content.
GI~YVI~
Pamela Jo partment Director
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal
Control Act.
~~. ,1~' /~~
Office of the Finance Director
This i trument ha e n proved as to legal form and sufficiency.
a
;~~
ice of the County Attorney
Revised November 2011
Attest:
Donna Baker, Clerk to the Bo d
NlCEAND-01 BHOOVER
'`,`°R°~ CERTIFICATE OF LIABILITY INSURANCE °~~`~~°"~"''
M13/2072
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOE3 NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICA7E OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN TNE ISSUING INSURER(S-, AUTHORIZED
REPRESENTATIVE OR PRQDUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: H the certiflcate holder fs an ADDITIONAL INSURED, the pollcy(ies} must be endorsed. If SUBROGATION IS WAIVED, subjest to
the terms and conditions of the policy, certain policfes may requlre an endorsement. A statement on this certlfiwte does not confer rights to the
certificate holdar in lieu of such endorsement{s).
PRODUCER NTACT
NAME:
Winfred C. HarperAgency
1037 3. Main Street PHONE , 336 227-~Z7~ °iX ~; 336 222-9469
PO Box 1867 E'AdA1L
AD°~g'
Burlington, NC 2721&1867
INSURER{8 AFFORDINOCOVERql3E NAICA
INSURERA:Ery@ ~~iSU~811CB EXCF18
INSURED
.
INSURER 8 :
Nice 8 Green Flooring Solutlons
LLC iNSUr~ c:
,
1183 University Drive #105-113 MISURER D:
Burlington, NC 27215
INSURER E :
INSURER R :
COVERAOES CERTIFICATE Nul1AHER~ a~ns~eN N~~ua~R•
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LIS7ED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY COMTRACT OR OTHER DOCUMENT YVITH RESPECT TO WHIGH THIS
CERTlFICATE MAY BE ISSLFED OR MAY PERTAiN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBEO HEREIN IS SUBJECT TO ALL TI1E TERMS,
EXCLUSIONS AND CONDITIpNS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
wsrs
LTR
TNPE OF INSURANCE
POLICY NU~l9ER ra icv ~
MMlDD/YYYY POLICY EXP
IM/DD
~~Tg
OENERAL LIA6ILITY EACH OCCURRENCE $ ~~OOQ~00
/4 X CONriIERCWL 6ENERAL LIABILIiY BD 3/7120~ 2 3/7/2013 pREMISES a occurrence 3 1,~a~~~
CLAIMS-MADE ~ OCCUR MED EXP (My orte pe~son) S 5.~~
PERSONAL&A~VINJURY i ~,~O,OOO
c~wEw~ AGOC~ca~ S Y.OOO,OOO
GEN'LAGGREGATE LIMRAPPLfES PER: PRODUC73 -COAAP/OP AGG S 2~000,000
X POLICY PRo- LOC E
A~T OMOHILE LIABILITY a aoa'dmt~ 1,000,~~~
Q X ANYAUTO Q030730727 ~/2~~2 3/712013 BODlLYINJURY(Perpenon) $
ALLONMED
AUTOS SCHEDULED
AUTOS BODILYINJURY(Peracddent) S
HIREDAUTOS ~~ ~ED P~~~~ $
$
UMBRELLALIAB p~CUR EACH OCCURRENCE S
E%CE3S LIAB ~LqIM$JJIADE A6C,RE~ATE $
pED RETEIdT1pN $ $
WORKERS COMPEMSATION
AND EMPLOYERS' LtABILITY WC STATU- OTH-
~
A ANY PROPRIETOR/PARTNERIEXECUTIVE Y~ N
D
N/A Q870700668 3R/2012 3/7/2013 E.L EACM ACCIDENT S SOO,O
OFFICER/MEMBEREXCLUDED?
(M3~ldat0ly ill NH) E.L DlSEASE - EA EMPLOYE $ SOO~O
If yes, dacribe un~kr
DESCRIPTION OF OPERATIONS below
E.L OISEASE - POLICY LIMIT
S SOO,OO
DE9CRN'TION OF OAERATIONS ! LOCATtOP1S! VEHICLES (Atlach ACORD 101, Ad~tbnal Remsrks 9ehedule, it more space b requlrotl)
Certlflcafe Holder is named as an Additanal Insured with res~ct to General Liability and CommeraFal Automobile.
Cancellatlon notlce eppUea per Erie form i~ GU-728 attached.
GtK f IhIGA 1 t fIUWtK GAIVGtLLA I IUIV
County of Orange
P.o. Box E781
Hillsborough, NC 27278
SHOULD ANY OF THE ABOVE DESCRIBED POLIClES BE CANCELLED BEFORE
THE EXPIRATfON DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVIStONS.
REPRESENTA7IVE
Cc~ 1988-2010
N. All riahts ~eserved
ACORD 25 (2010/05)
7he ACORD name and logo are registered marks of ACORD
ERIE INSURANCE
GENERAL USE
GU-128 (Ed. 12/11) UF-B002
CANCELLATION NOTICE TO ADDITIONAL INSURED
If we cancel this policy before the expiration date, other than at the request of the Named Insured or for nonpayment of premium,
notice wiIl be mailed to the persons or organizations who are designated as Additional Insureds in the Declarations, but only if that
person or organization designated as an Additional Insured is also identified as subject to this endorsement in the Declarations.
Number of days advance notice: At least 30 days
If the insured requests cancellation or if cancellation is due to nonpayment of premium, we have no obligation to provide advance
notice prior to cancellation. However, we will mail notice to the persons or organizations designated in the Declarations as
Additional Insweds who are also idenrified as subject to this endorsement in the Declarations within 30 days after the insured's
request to cancel or within 45 days after the effective date of canccllation for non-payment of premium. Proof of mailing
constitutes proof of notice.
COIINTY OF ORANGE
P.O. BO% $181
HII.LSBOR{3IIGH, AiC 27278
COUNTY OF ORANGE
FINANCiAL SERVlCES - PURCHASING
PO B~X 8181
MLLSBOROUGH, NORTH CAROLINA 27278
4RANGE COUNTY BID NO. 1651
March 21, 2012
ATTENTION:
INTERESTED VENDORS
Orange County requests your competitive quatatiQn to fumish the item(s} iisted belowfor Orange County
Asset Management Services, Hillsborough, NC.
A MANDATORY pre-bid meeting to review the scope of work wilt be held at the facility. We will meet at Triangle
Sportsplex 101 Meadowlands Drive, Hillsborough, NC 27278 on March 27, 2012 at 2:00 pm.. This is the only
scheduled time for contractors to view the sifie
Please transmit this quotation via facsimile or de(iver by hand or U.S. MaiE, to the Orange County
Purchasing Agent- fax# (919) 644-3324 (NEW!!) , 200 South Cameron Street, Hillsborough, NC 27278
by Apri12, 2012 at 2:00 PM
ITEM
#
COMMODITIES/GOODS OR SERVICES LUMP SUM
COST
LUMP SUM COST FOR FLOOR REPAIRS TO THE 'iRtANGLE SPORTSPLEX
ALT A LOCATED AT 101 MEADOWLANDS DRIVE IN HILLSBOROUGH
PERTHE ATTACHED
,
DRAWINGS AND SPECIFICATIONS. ALi' A- ALTRO MARINE 20 SHEET VINYL UR ~~~ j~~~
EQUAL OR EQUAL
LUMP SUM COST FOR FLOOR REPAIRS TO THE TRIANGLE SPORTSPLEX
ALT B LOCATED AT 101 MEADOWLANDS DRIVE IN HILLSBOROUGH, PERTHEATTACHED ~-g ~~
DRAWINGS AND SPECIFICATIONS. ALT B- DURAFLEX DURAQUARTZ OR CERAMIG ~ f
CARPET 400 DECORATIVE QUARTZ OR EQUAL
LUMP SUM COST FOR FLOOR REPAIRS TO THE 7'RIANGLE SPORTSPLEX
ALT B LOCATED AT 101 MEADOWLANDS DRIVE tN HILLSBOROUGH, PER THE ATTACHED
DRAWINGS AND SPECIFICATIONS. ALT C- COMBINATIaN OF -ALTRO MARINE 20 ~
SHEET VINYL OR EQUAL 8~ DURAFLEX DURAQUARTZ OR CERAMIC CARPET 400
DECORATIVE QUARTZ OR EQUAL
Will any people working on #his job make less than $10.33 per hour YES
NO If es, the lowest hourl wa e to be aid an em lo ee shall be: $ ! HQUR
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
LfCENSE #
ADDRESS ~ 2-v `'1 A-n.~ ;~,,~ y L i S
~v^~Lr~kib~. i'~-+~. 2-'J`1.t ~''
FtRM NAME C.F. t~ r~.1 ~'LCx~r~c,t,~ ~-,~l ,(.,L.~
~
BY C.t-f~2.~ ~ ~.J~ . t
(Proposal must be signed in writing)
FAX:
TELEPHONE: ~?,('„ - KD~(-~C~f ~
EMAIL GC-~(I,,c.S~~ ,v rC~thv~~ CC~ ~I~~~NQ '> f7
BIDD~CUMENT 1651: BIDDERNAME: ~~.~~,..{~ ~,~1~.~~ PAGEI
COUNTY OF ORANGE
FINANCIAL SERVICES - PURCHASING
PO BOX 8181 ^ 200 South Churton Street
u~i i ccxnRni i~i.a n~nQ-ru r~eQn~ inre ~~'~Q
Cameron Street, Hillsborough, North Caro(ina 27278.
Z. Orange County reserves the right to award the bid that is in the best interest ofi Orange County or to feject
any or all bids, and #o 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, there#ore there w~ll not be a formal opening. Results will be
made available after award.
4. In the event af default by any contractor or vendor Orange Counfy may procure from other sources whatever
service or item is being bid and hoid the contractor responsible for any excess cost occasioned thereby.
5. Payment by check is due thirty days after comp(etion and inspection unless otherwise specifiically provided;
subject to any discounts allowed.
6. North Carolina sates and use tax shall not be included in the bid amoun#.
7. Bids submitted via facsimile shall be accepted.
8. Praposals received after apening date and time shall not be considered.
9. Bids 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 ficense number
prominently displayed.
11. Contract: Attached is a copy of the County's standardized con#raet. 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 untii he has obtained all fihe insurance required herein. Insurance
shall be maintained in fuil force and effect un~il the Contract has been fully and completely performed, as
evidenced by final acceptance payment. Con#ractor 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 mQdifications, cancellation, or expiration of said policies.
Work shall not commence until the contractor has obtained al! required insurance and the owner has
approved verifying certificates ofi insurance in writing.
12. Orange County supports a living wage of $10.33 per hour. Please indicate on the bid form whether any
workers on this job wifl make less than $10.33 per hour
13. All contractors are hereby notified that they must have proper ficense under the State laws governing their
respective trades. Please display license number on your submittal.
BID DOCUMENT 1651: BIDDER NAME: ("~~,fvu,~, G~,1 ~.~tl.E PAGE2
14. Please suppiy a list of 3 commercial references with phone numbers and contact peaple. If you have not
completed a simitar job for Orange County
15. Please direct questions concerning this bid to David Cannell, Purchasing Agent Orange County Financial
Services - Purchasing Division, (919) 245-2651 or via email at ~canneil{c~3va.arar~cte.nc.us.
16. A MANDATORY pre-bid meeting to review the scope of work will be held at the faciEity. We will meet at
Triangle Sportsplex 101 Meadowlands Drive, Hillsboraugh, NC 27278 on March 27, 2012 at2;00 pm.. This
is the only scheduled time for contractors to view the site. By submitting a bid the contractoracknowledges
full comprehension of the scope of this project.
BID DOCUMENT 1651: BIDDER NAME: ~..crzf,S ~~1r~5 ~,, PAGE3
SPECIFICATIONS
I PROJECT SPECIFICATIONS I
Proiect: Floorina at Snortsnlex
Orange County requires bids to make floor covering at the Sportsplex. Orange County has ident~ed three acceptable solutions
(products) fior the project. The County is soliciting pricing on all three solutions
1. Alt A- Altro Marine 20 sheet vinyl or equal (spec 1-14 below)
2. Alt B- Quraflex Duraquartz or Ceramic Carpet 400 Decorative Quartz or equal (spec 1-8 & 15-18 be(ow)
3. Alt C- Combination ofi Aitro Marine 20 sheet vinyl or equal Duraflex Duraquartz or Ceramic Carpet 400 Decorative
Quartz or equai (spec 1-8 & 19-25 below)
The project shal! consist of all work specified in the following table. The specifications belaw are intended to describe Orange
County's needs. Slight deviations may be accepted with advance approval by Orange Gounty Purchasing. Please use the
space provided in the `VARIANCE" column to identify any proposed variances to the specifications. This project will be
managed by the Or.ange County Finarrce and DEAPR Departments.
All work sha11 camply with all applicable na#ional, state and local buiiding codes. Successful Gontractor Shall be responsible for
the Following
ITEM DESCRIPTION Yes No Variance
Floor/wall renovation - base bid
Grind approximately 4,000 SF of existing epoxy floor to a /
1 condition to receive either vin I or epo floorin i~
Grind and skimcoat smooth appr. 720LF of existing epoxy ~
2 cove to receive vin I ar e o covin
Achieve correct sloping to eliminate standing water ~
3 uddlin
Remove ths 2x2 ceramic coving in x133A, x134, x134b,
137A, x138, x138A, x1388; smooth and skim coated #o ,/ ~3 ~! 4~- :
3 receive vin I or epo covin
Floor prep material shall be Ardex P-82 or equal; Skim
4 coatin material shall be Ardex Feather Finish or e ual
Contractor responsible for RH requirements per ASTM ~
5 970 check and floorin manufacturer re uirements
County will arrange for product manufacturer's
representative to inspect and ~erify that the products are ~
6 installed to manufiacturer's specifications
Debris removal the responsbility of the subcontractar ~
7 per County specifications
Staging areas will be identified for laydown, material ~
8 prep, and acdimation
ALT A floorin installation:
The area around all drains needs to be ground down
appnc. 9/8" smooth and beveled to receive new vinyi or ., f
9 e o floorin
Install Altro Marine 2Q sheet vinyl {note attached spec) or ~
equal in x133, x133A, x134, x134A, x134B, x132, x132A,
10 x132B, x137, x137A, x138, x138A, x138B, x139, x139A
BID DOCUMENT ] b5 i: BIDDER NAME: C~:~n,~.~ ~J~.S,c,~- PAGE4
PLEASE STATE PRODUCT BID
Heat weld seams including weiding rod and cove stick #a
manufiacturer's standards; manufacturer's rep to verify ~
11 ro er a lication
Fl
h
i
i
as
cov
ng
s installed per manufacture~s standards with
12
vin 1 cove ca ; manufacturer's re to veri ~
Viny! flooring must be terminate inside drain a minimum of
1/4"; floor drain covers to clamp over vinyi flooring; existing ,~
13 floor drain covers to remain
Adhesive shall be an epoxy or polyurethane system per
flooring manufacturer's specification; manufacturer's rep to ~
14 veri ro er ap lication
ALT B floorin installation:
The area around all drains needs to be ground down
apprx. 1f8" smooth and beveled to receive new vinyl or J
15 e o floorin
Install Duraflex Duraquartz (note attached spec) or
Ceramic Carpet 400 Decorative Quartz (nots attached
spec) or equal in x133, x133A, x134, x134A, x134B, x132, 1
x132A, x132B, x137, x~ 37A, x138, x138A, x138B, x139, ~~
x139A PLEASE STATE PRODUCT BID
16
Flash coving is installed per manufacturer's stan~iards with
vinyl cove cap; manufacturer's rep to verifiy proper ~
17 a lication
Epoxy flooring must be terminate to tfie drain; existing ~
18 floor drain covers to remain
ALT C floorin installation:
The area around all drains needs to be ground down
apprx. 1/8" smooth and beveled to, receive new vinyl or ,~
19 epo floorin
lnstall Duraflex Duraquartz (note attached spec) or
Ceramic Carpet 400 Decorative Quartz (note attached ~
spec) or equal in x133, x133A, x134, x134R, x134B, x~ 37,
20 x137A, x138, x138A, x138B
Install Altro Marine 20 sheet vinyl (note attached spec) or J
21 e ual in x132, x132A, x132B, x139, x939A /
Heat welded seamsincluding welding rod and cove stick 1
product to manufacturer's standards; manufacturer's rep ~f
22 to veri ro er a lication
Flash coving is installed per manufacturer's standards with
' 1
vinyl cove cap; manufacturer
s rep to verify proper ~,1
23 a lication
Epoxy flaoring must be terminate to the drain; existing ~
24 floor drain covers to remain
Transition from vinyl to epoxy be be achieved with an Altro
25 ull an le a lication or equal
BID DOCUMENT l 651: BIDDER NAME: ~~t,~~~ t,t~~r<„c~ PAGES
~~c' ynt b :% ~~P
~+ tS;
'. ', a",.Y,~.~.~ .~ s-
; -p~s,.9'~
~art"#:! ~ at ~~ ~
Orange County
Financial Services Department
ADDENDUM #1
March 30, 2012
S orts iex floorin /walls Bid Number - Bid #1641
To a11 Vendors:
Modifications to bid documents for the above named Request for Proposal are made as fallows and shall be
included in the proposed amount. The following questions have been received:
1. Bidders can submit "equivalents" prior to the due date of the bid
2. On page 4, lin~ item #5 s{~ould re~d ASTM ~710.
3. When wainscoting, apply 6" trowel base on walls and up to locker base on locker islands
4. See note A on attached drawing for transitions for Alt C
5. County to demo all ceramic wall tile and bench tile in x134b in Men's locker room. Contractor to fumish 6"
cove to block table in x13b for epoxy solu#ion
6. Contractor to fir out existing wall #o install Altro white rock or in equal in room x133 & x137
7. Time is of the essence and may be considered when making award. Please clearly state your days to
complete any of the options. Please note the successfu! cantractor may have 24/7 access to the worksite.
8. Demolition and floor prep can begin as early as mid ApriL Floor and wall installation are scheduled to be fhe
last discipline completed in the project..
All other terms and conditions shall remain the same
By: David E. Cannell, Purchasing Agent; dcannell~c~.c~r~ra~.ne.us ~(919) 245-2651
A signed copy of this addendum shall be included with the bid submitted by your company
Company Name: d'~'t~~ tt-s~.-~~ t~-r~~„~r~..~' ~~-~~~ r~.i~ ~~L.:,,; rc~~, L-~~
By: C~~ t 5 C-~t.~d_"~S~Cti
Date Received: ~ ~'~,~~ i 7
P.O. Box 8181 200 South Cameron Street Hillsborough, North Carolina 27278
Telephones: Area Code 919 245-2651 Fax: 919 644-3324
Page l
Add Item #2
ITEM
#
COMMODITIES/GOODS OR SERVICES LUMP SUM
COST
2 LUMP SUM COST FQR WALL REPAIRS TO THE TRIANGLE SPORTSPLEx ~OCATED
AT 101 MEADOWLANDS DRIVE IN HILLSBOROUGH, PER THE ATTACHED
DRAWINGS AND SPECIFICATIONS BELOW. ALTRO WHITE ROCK 2.SMM
THICKNESS, 4'X10' PANELS (NOTE ATTACHED SPEC) OR EQUAL
~~~, d~~
~ Z~ ~~
ADDITIONAL SPECIFICATIONS
~j(L To.~ ~. ~
~~
~
.. r:,n _ rJ _ _ ,.~n
. . . .. l~('~/v- - -- ~cf.cJ. - -
i q,g~° --5
ITEM DESCRIPTION Yes No a~ance ~~
walt renovation
install Altro White Rock 2.5mrn thickness, 4'x10' paneis (note
attached spec) or equal to approximately 9.5' a.f.f. in x133 and ~
1 x137 er attached s ecification
Instali A~tro White Rock 2.5mm thickness, 4'x10' panels (note
attached spec) or equal for wainscoting appr 4' above 6" coving ~
in x133A, x134A, x134B, x132, x132A, x132B, x138A, x138B,
2 x139, x139A
Thermoform inside and outside corners of Altro White Rock
3 roduct ar e ual
Ali exposed edges must be covered wi#h Altro C7 Cove Cap ~
3 or e ua(
Altro White Rock (or equal) to be joined with Altro waterproof
4 T-Channef or e ual
5 Products must installed b s stem certified insta{lers ~
Adhesive shall be an epoxy system per manufacturer's ,
/ ~
fi s ecification; manfacturer's re to veri ro er a iication ~
Page 2 of 2