The URL can be used to link to this page

Home My WebLink About2012-102 AMS - Clark Poe Construction for Demolition Masonry Sawcutting Hardware Installation Sportsplex $23,82502~/2•/~Z /~ /~'L ~J NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER $25,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this 27th day of April, 2012 by and between Orange County, North Carolina (hereinafter the "Owner") party of the first part; and Clark Poe Construction Company, Inc. (hereinafter the "Contractor"), party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the Owner hereby contracts far the construction services of the Contractor, and the Contractor agrees to provide the construction services to the Owner in accordance with the terms of this Agreement. l. TERM Beginning and ending dates of contract: Apri127~', 2012 through June 4th, 2012. The Project Commencement Date shall be Apri130`", 2012. 2. MAXIMUM AMOUNT PAYABLE Dollar Amount Not to Exceed: Twenty Three Thousand Eight Hundred Twenty Five Dollars, which includes a$2,000 allowance for field verification after demolition ($23,825) 3. SERVICES Contractor agrees to provide the following construction services (the "Work"): for locker room renovations at the Triangle Sportsplex, 101 Meadowlands Drive, Hillsborough NC 27278 per the attached Bid #1653 dated April 13, 2012. Contractor shall not sub-contract all 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 conect any and all errors, omissions, discrepancies, ambiguities, mistakes ar conflicts at no additional cost to Owner. 4. PAYMENT Contractor shall submit an invoice for construction services provided. The invoice shall contain Contractor's name and federal tax identification number and shall be signed and dated 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 perform its duties under the terms of this Agreement, Owner may, without fault 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 1 Contractor is an independent Contractor of the Owner. Contractor represents that it has or will secure, at its own expense, all personnel required in performing the construction services under this Agreement. Such personnel shall not be employees of or have 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 all 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 This Agreement may be terminated by Contractor upon thirly (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 shall 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, harmless from and against any and all claims, liens, 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 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 extent permitted under North Carolina law. 9. NON-ASSIGNMENT ~ Contractor shall 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 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. Revised November 2011 2 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 sha11 automatically terminate without penalty to Owner upon written notice to Contractor of such limitation or change in Owner's legal authority. 11. ENTIRE AGREEMENT The parties have read this Agreement and agree to be baund 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 parties. Modifications may be evidenced by telefacsimile signatures. 12. GOVERNING LAW Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and any action brought under this Agreement shall 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. ORAN~E CO By Frank . Clifton, anag 200 S. Cameron t. P.O. Box 8181 Hillsborough, NC 27278 CONT~C By ~ Clark Poe Construction Com y, Inc. 134 Granger Road Chapel Hill, NC 27516 T' instrument has been approved as to technical content. Pamela Jone , partment Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. C~~~-{,v ,~. 1~,,,,~._ Office of the Finance Officer This i trument has been approved as to legal form and sufficiency. Office of the unty Attorney Revised November 2011 3 FRDM :I~SIDE-ADDITIONS FRX N0. :1-336-372-1627 Apr. 24 2~12 12:28PM P1 ' SP~GlFICA7"~ONS . PROJECT Sl~~C1~7CATIONS _ _, . ~'~'~l~~#~ Locker Ro~m Renovatioris Suifding/Facitity: T~iangle Sportsplex ~ Loca~ion: 109. Meadowfands I~ri~e, F!illsborough, NC 2~27~ ~ . QrangE County requires bids #o rnak~ general Renov~tions to the locker rooms at tha Sportspiex 1`he project shatl consist of ~ft work specified in fhe foilawing table_ The specficatic~ns below are intertded to descrihe Orange CQU~~y's Rveds. Siight devi~tions may be ~ccepted with advan~e approvai by Orar~ge Cpunty p~rch$sing_ pfeasE use th~ sPace provideB in the `VARIANCE' column to identify any prope~sed v~ri~rtces ta #he speoifications. This project wilf be managed by the Orange Coun#y Asse# Managemen# Depar#ment- . AI! wark shall cnmp~r with al! appticable r~atianal, sfate and Iocal buifdpn$ codea- Successfu! Cdntractor ghall be t~sponsible for the Fallawing Y8S ~ N4 7 Remove ~dstin ba#hroom art~tions in x133 and x134 2 R emave existin dressin room artitions in x939 Remove approxirnately 100~F at 4" ceramic base in x137A, x13gA, x938B, x138, x133A, x134A, x134B, and ,~r 3 x434; rovide smobth ~MU sut'face substra#e R~ove approximate~y 5`x3'x4' masonry bench in . x438B; provide smapth coner~ke fldor and CMU ,~ ,,~ 4 substrate w~11 surfaces. , b. Doors, Frames and Harciwa:re: Remove existing tailet partiti~ns and hardware in x138 S and x134 ~1/ !ns#al! new phenatic core t~ilst and dres.sing par~itions and hardware in x133, x134, and x139 per inst~llation . 6 2ttem af ~ revious ir~~-a119d artitipns. ~ bimensions are 3/~" thick panels and 3/4" thick 7 ilasters with stainless steel hardware Alternate: use solid pl~stic {1" inch panels and ~ ~Q d- ~ ~~: 7a ilasters in lieu o# Phenotic Core ~~ ~ ,~ instali new phenolic core shawar parti#ions in x933 and ~.- 8 x137 . bimensi~ns are 3l4" thick panels and pilasters; p~nels ~re appta~dmately 36" x 58", overalpilaster height 9 is 85"- site measul`ement r uired td ver' Include stainless steel hard~rdre with Curhain trck ~ 10 and c.arri~rs/hooks Oa Alternate: use solid p~asbc {~" inCh panels and iiasters in tieu af Phec~~lic Core r/ ~~~t~'~l . 0 U d Gen~ra) Notes 7 9 ACCess 24J7 ~' 't2 Gon;ractors res onsible for removin own trastt. ~v 13 Permit to be ulied b ~rar~ e Count . `/ 74 CYo smokin , np food and drink, no music. ~/' E S.i Notes S_1 }~ttached 5cale 1 bloCk =1 SF f All measurements ta be fieid verified by contractor P#~enolic partition to match toilet, shower, & dressing roorn Material/instalf 2 - include in solid plastic alternate ,- ~3LD DOCUM~~1T 1b53 ~] ~ ~ ,~~ ( ~ nl .I % a r~ FRQM :INSIDE-RDDITIONS FAX N0. :1-336-372-1627 Apr. 24 2012 12:30PM P2 To all Vendors: ~,•""`~ " o ., •« ~ ~i P ~ ~ i~ ~~~l~' L•a[Vlh~i . ~I'811~8 ~.Q~Eii~/ . Financiai Services t]epartment A~DENDUM #7 . Apeit 18, 2092 ; ~id Number - Bid #1653 Mod'+fica~ons to bid documents for tk~e abqve named Requesk for Proposal ~re ~ade as follnws ~nd shall t~e induded in 1~e proposed amoun~ The fallowing qu~stions ha~e been receiv~d: 9. Remave and dispose of aEl benG~es in both men's and wamerr's locker raoms. Cut anchor balts flush wii~ floor ~ 2. R~move al! w~11 hooks in men's and women's shower area, patch ~r~d re mount after wall finish compiete. 3. Fumish and instalf nsw door (nate A) rather than reuse existing 4. Approximate floorplan of wamen'$ dressing room parfrtions attached. Intent Is to use standard pattitions and pilasters. lnclude $2,000 atlowance for any partitian ~nd piiasf.er adjustments based on field measurements prior to ordering_ A cqlpr caded draw~ng 9s included that d'rffi~rentiates between new and demolition 5. Remove and sfpt'e ansi~e, mirrors in locker rooms and unisex bathroom, as weil as baby chan~ing t~ble. 6_ Inst~fl block lentit over door, other masonry demoiition ~rough ceiling, ceiling grid workout by others. Atty sprinklar movement by others. 7. A durnpsber may be ~laced in th~ handicapped p~rking spat nearest the main entrance 8. I~ravide per squ~re ft costs for t}~e foflowing a. Demoli~on and dispasal of gray ceramic tile above cove base $~! ~ ~ ^/~q~ I~l'.Lt~i p~~J' #~b. ~emnlition ~r~d di~posal of block waEl $$!~~ ~ Isqft ~ C~,IA'7"~1 ~6 a Gonstrucfion of standard sf~eetrack waA (ready for paint) ~ ~~ ~ /sqft F111 nther terms and candi#ians shafl remain the satne By: Qavid ~. annell, Purcha ing Agent; dcannell a cd.oran e.n~.us -- (~19) 245-2651 .~t~~~ ~~~i' ~ ~ ' ,~,/ . A signed co of this sddendum sh~fl be included witlz the bid sabmitted by yaur company Campany Name: ~~~ ~ ~1~/y,~M~ ~~~~..-~/Y~, • ~ Date F2eceived: P.4. Box 8989 200 Soufh Gameran Sfreet Hillsbarough, North Carolina 2727$ Telephones: Area Code 919 245~-2851 Fax_ 918 ~443~24. ~ ~ , ~ ~ Page 1 FROM :INSIDE-ADDITIONS FAX N~. :1-336-372-1627 Apr. 24 2~12 12:31PM P3 New standard drywall partition; paint #o match specificatian 3 - Base ta be installed by floaring cantr~ctor R~move wall, door $c frame; relocate doar and hardwar~ from "A" to "B" 4 - Patch & rep~ir ma54nry edge5; prepare for paint 5 Remove masanry section to 7'0" AFF; secure header with (intel, prep~re edges far paint Remove Chas~ Wall; instail standard drywall ready for paint, 6 - Base to be instalied by flaoring contractor Demo dpening for standard 3070 welded frame, provide and instaN frame match€ng door, hardware 7 and rivacy lack ta match existing 8 [?~mo M~sonry bench ..~-l- ~ BIp DQCC.~lVIENT i653 . 04125/2612 11:60 9199330155 LEE-h90~RE INSURANCE PA6E 02/'03 ~yIN' ID: AM ~"`~'~'~.°_--12°F CERTIFICATE OF L1ABIL.ITY INSUR DATE{MNUPI)IYYYY) ANCE oar<:E~a~z THIS CERTIFICATE 18 13SUED AS A MATTER OF INFORMAtION ONLY AIVD CONFERS NO RIGiiTS UPON THE CERTIFICATE HOL[113R. THIS C E R T I F f C A T E D ~ E S N O T A F F I R M A T I V E L Y O R N E G A T I V~~, Y A M E N O, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE F'tILICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE 15SUING INSURER(S), /1UTFIC:iR12~D REPRESENTATIVE OR PRODUCER, AND THE CERTIFIGATE HOLDER. IMPOR7ANT: If the certl~cate holder Is an ADDfTiONAL INSURED, the polioy(fes) must be endorsed. If SUBRQGATION IS WAIVED, :;iah~~ect to the terms and condltfons of the pollcy, certaln policlas may requlre an endorsement A statement on th;s certlilcate does not confer rlgt t~s to the ~ certificate holder in Hou of such p~a~,sen,e~+re~ PRODIJCQR s~ o-s73~n~ Lee-Moore Insurance Agency I~c P.O. Box 667 West End, NC 27376 Alex Maiolo ~"s"~~ Clark Poe Constructlon, inc 134 Gra~ger Rd Chapel HIII, NC 27516 X --- • NAIC p . _ ~ 18 9~t13 --.- THIS IS TO CERT~FY THAT TryE POLICIES OF INSURANCE I,ISTCD 6ELOW HAVE BEEN ISSUHD TO fHE INSURED NAMED ABO E~ OR THF_ POLIC'Y:F'C-RlOD INf~ICATED. NOTWITHST~NDING ANY REQUIREMENT, T~RM OR CONpITION OF ANY CONTRACT aR OTHER DOCUMENT WITI•I RESPECT TO WHICIy T111S CERTfFIGATE MAY BE ISSUED OR MAY PER7AIN, THE INSURANCF. AFFORDED BY TI~IE POLICIES D@SCRIBED NEREIN IS SUBJECT TO ALL THF. i'~,RhllS, EXCLUSIONS AND CONDITI~NS OF SUCH PO~(CIF_S. LIMITS SHOWN MAY HAV~ BEEN REDUCED BY PAID CIAIMS. LTR 7YPE Of INSURANCE POUCY NUM9ER. MMI~p~DY Y MM~lpDK LIMITS ~ v QF.NERAL LIA61U1Y Q x COMM[RCIALGENGRAI,LIABILITY X 35963340 ~~~~12 0~,~13 ~^'OCHOCCURRENCE g ,_^T~000~~ PRF,(~A~SE3 Ea~ g $ 'IOO,~ . J c~.aians-nnnor: ^X occuR ----•• MED EXP tAnv enn nnnnM 4 ~~~ Ai OEP!'L AGGRF,pATE LIMIT qppLl£S FER: nuronnoaiLE LIABiu7r ANY AUTO nLl OWNED AUTOS x ~ sCHEDU~ED nuTpg Ia1RFD AUroS NON-OWNF,O AUTOS UMDRBLLA LIq9 OCCUR PaCCEBA I.IAB CIAIMS DEDUCTIRI.E I AND EMPLOYL+RS' LIq9161TY A ANYFRaPRIET[fw~oanrniren E~~: Zto n.: CLARK-3 INSURER(9) AFFORDINO COVBRApE ; Auto-0wners Insuranee _ _ E: o2nen2 ~ ozr~a~~a Yj~ I N~ A I I3503B096 ~410'1112 I o4J01/13 L~I D[SCRIPTION OF OPERqrON3 / LOC4'ryONS / V2NICLES (AReeh ACORD 701, AAaltlonel Rmm~rke 3ehedute, If maro apace ~e nppulrod) Certificate Holder is names as an Additionat Insured with respect to General LiablRty and Auto. Cartcellation notlce applies per faX atteched. PEFSONAL 8 ADV INJURY $ GENFRALAGGREQATE ~ PRODUCTS • COMP/OF' AGG $ ~ ~ COM61NEq SINGLE uMIT (Eq aecldenl) ~ BODILY INJURY (Per petton) q BOD~LY IN,IURY (Per acc~dnm) PRpPER'IY DnnMCiE fPer omlaanq _ S ~ .. ~ . __ '_~_ EACH OCCURRENCC- 5 AGGREC+ATE $ _ __ '~ e•L. 4AGFi ACCID~NT $ F,.L. ~ISE/wF • EA EMPLOYEE fl~ E t_ o~c~e~e _ ani irv ~ uem a 1,D00 ~,000 2„000 500, --- ~~ fl~~l 'U ~D0.1 ORANGE1 ""'-" SHOULD ANY OF THE ABOVE DEgCRBED pOLICIES 6E CANCELLEO 9EPORE Orange County THE EXPIRATION DATE THEREOF, NOTICE WI~~ BE DELIVEftE.L'i IN Asset Management Services AecoaoANCe w~rN rHE Po~icY PROVisioNS. West Margaret Lane '- Hillsborough, NC 27278 AUTHORIZED R~RE9f,NfATpi~ `~ Alex Maiolo~ 91988-2 PORATION. All rights resoi~red. ACORD 26 (2009/09) The ACORD name and logo ar~ registered marks of ACORD ~ 04/2~12612 11:00 9199330155 LEE-h900RE INSURANCE PAGE 61103 . ~ LEE-MQ41~E INS CE AGENCY Attention: Jetf Thompson Company: Orange County Fax Numbex: 919-6~4-300]. From: Chr9_s Ste~hen~on Date: 09/26/2012 Phone: 919-932-9990 Re: COI for C~lark Poe Constru.cL-icn I Ntunber of Pages: 3 Cal•A7ENT8 : Jeff, Her~ i.s the COI for Clarlc Poe con~t.ruc•Lion. I have attached thE fax which was subma.tted to Auto-Owner_s Tnsura.nce re: th~ 30 day advanced noLificata.on endorsement. As Auto-Owners appointEd ageni:s, we ha~;e ba.nding auth.ority over the po],icy, making thi.s ~ndorscment effccti~~e immediately (4/26/2012). I wou,ld be ~appy to sEnd you the updated policy informati.on once thE request a.s processed at Auto-Owners. PJ.ease ,f.ecl fr.ee to con~L~ct me wit,h any questions. Than~ you, ~ ~ ~ ~~~ ~ _ - % r i s~`~.`~p~en s ~n ._% ~ ^~~ ~~-~ -,. ,. ~ ..~ ~ ,.~~,,,., 5~ ~ ~•r-.s~ ~~ §.t~'r ~e.~,.f ."~._ Lee-Moore Insur~,n.ce Agen,cy PO Box 284, C~rrboro, NC 27510 919.932.9990 (ph) ~ 91,g.933.0].55 (f) leemooreinsur~nce@gmail.com ~' ~4P26/2012 11:60 9199336155 LEE-h900RE INSURANCE PAGE 03163 ' I I~EE -MOQRE INSUI~;ANCE AGENCY Agency Code: 15543 At~ention: policy pror_e3sing From: Chz~i~ Steph~n,,^on Comp~y; Aui~~-Owncrs Date: O~Jl26/2012 Fax Number: 7Qg-549-4499 Phoae: 919-932-9990 Re: ~olicy~} 359G334~ Number oP Pages, Irlcluding Cover: ]. C~ URG~';NT ^ RrPLY ASAF ^ pLEASE COMMENT ^ PLFASE R~VIrW cor~rrrs : Effective immediately (4/26/20~.2) , pl~ase ez~dorse Clark Poe Construction's policy (#35963340) to inclu.de a 30 day advanced cancellation notiee ~Lo the person or organiza~ion that has been ].is~ted in the a,ddit~.onal insur_ed schedule. Please contact me with any questions. Thank you Chr. is ~eph~z~son ~` ~ ~ T ~~~ ~ .~~ ~,,.rt ~~,•~ ~ ~ JI.._ Lee-Moore Insuran.ce Agency PO $ox 284, Carrboro, NC 27510 919.932.9990 (ph) I 919.933.0155 (f)