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HomeMy WebLinkAbout2012-123 AMS - Carolina Sunrock LLC for 5501 S Franklin Street Handicapp Access ImprovementsNORTH CAROLINA ORANGE COUNTY Tsai .2-/23 Aq s CONSTRUCTION SERVICES AGREEMENT UNDER $25,000 THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement "), is made and entered into this 18th day of May, 2012 by and between Orange County, North Carolina (hereinafter the "Owner ") party of the first part; and Carolina Sunrock, LLC (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 for 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. 1. TERM Beginning and ending dates of contract: 5/18/12 through 6/30/12. The Project Commencement Date shall be 5/28/12, weather permitting. 2. MAXIMUM AMOUNT PAYABLE Dollar Amount Not to Exceed: Six Thousand Nine Hundred Thirty Dollars ($6,930) 3. SERVICES Contractor agrees to provide the following construction services (the "Work "): Asphalt and concrete repair work on the 501 Franklin Street parking facility per the attached revised proposal dated 5/3/12 entitled "501 Franklin Street Parking Lot Repair Project ". 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 correct any and all errors, omissions, discrepancies, ambiguities, mistakes or 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 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 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 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 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 The parties have 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 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 COUNTY By Frank . Clifton, r 200 S. Cameron St. P.O. Box 8181 Hillsborough, NC 27278 CONTRAeTOR By b911— Carolina ock, LLC 2116 Camden Avenue Durham, NC 27704 This instrument has been approved as to technical content. Pamela o s, Department Director This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. Office of the Finance Officer This instrument has been approved as to legal form and sufficiency. 001ce of the County Attorney Revised November 2011 3 CAROLINA SUNROCK, LLC 2116 CAMDEN AVE, DURHAM, NC 27704 Phone: 919 - 956 -9900 Fax: 919 - 956 -9903 Revised Proposal Date: 5/3/2012 Attn: David Cannell & Jeff Thompson Project: 501 Franklin Street Repair and H/C Access Scope of Work: Concrete Carolina Sunrock Proposes To Complete the Following Items for the 501 Franklin Street Parking Lot Repair Project The Quantities Listed Below are Approximate and will be Confirmed at a Later Date. H/C Access at 501 Franklin Street (Chapel Hill) Demo Curb and Gutter and Repair Concrete: Mobilization Demo Curb and Gutter Dmeo Concrete Pavement (23'x 26') Replace Concrete Paving (6" of 3,000 PSI Concrete) Quantity Unit Rate 1 LS $ 650.00 $ 12 LF $ 25.00 $ 598 SF $ 3.50 $ 598 SF $ 6.50 $ H/C Access at 501 Franklin Street Total: Proposed Cost 650.00 300.00 2,093.00 3,887.00 $6,930.00 Proposed Total: $6,930.00 1) Exclusions: Striping or Signs, Relocate or Adjust Utilities / Manholes, Cap and Demo Existing Utilities, Asphalt Wedging, Surveying, Rock Removal, Landscaping, Permits / Fees, Lights, Water and Sewer, Storm System, Erosion Controls, Demo, Grading, Fine Grading, Stone Base, Curb and Gutter, Backfill, Work Damaged by Other Trades, and Liquidated Damages. 2) Prices Based on 1 Mobilization. Additional Mobilizations will be $650.00 Each. Submitted By: Blake Horning Office: (919) 956 -9900 Fax: (919) 956 -9903 Email: bhorning @bijconstruction.com I SUPPLEMENT TO CERTIFICATE OF INSURANCE I DATE I 04/11/2012 URED: Carolina Sunrock, LLC Additional Description of Operations /Remarks from Pace 1: Additional Information: Named Insureds: Carolina Sunrock LLC; Sunrock Group Holdings Corporation; Rock Resources, LLC; Person Capital, LLC; Safway, LLC; RDU Rock, LLC; Chappell Rock, LLC; Dutchville, LLC; Six Forks Capital, LLC; SPCAR LLC; Granville Investments, LLC; Tar River Farm LLC; Brassfield Capital Resources LLC; Third Rock, LLC; Zebulon Rock, LLC; Butner Properties LLC GENERAL LIABILITY: • Additional Insured -Broad Vendor as Required by Written Contract per form No. HG0001. • Additional Insured - Lessors of Equipment as Required by Written Contract per form No. HG0001. • Additional Insured - Lessors of Land or Premise as Required by Written Contract per form No. HG0001. • Additional Insured -Any Other Party as Required by Written Contract per form No. HG0001. • Primary and Non - Contributory as required by Written Contract per form No. HG0001. • Waiver of Subrogation as Required by Written Contract per Form No. HG0001. AUTOMOBILE: Auto Liability: Trucks /Tractors /Trailers $1,000 Ded. Comp 4 Coll; $2,000 Dad. for Comp & Coll for Private Passenger Vehicles valued over $40,000. • Additional Insured Lessor as Required by Written Contract Form No. HA 99 16 09 10. • Additional Insured as Required by Written Contract Form No. HA 99 16 09 10. • Primary and Non - Contributory as required by written contract Form No. HA 99 16 09 10. • Waiver of Subrogation as Required by Written Contract per Form No. HA 99 16 09 10. • MSC 90 - $1,000,000 WORKERS' COMPENSATION: * Waiver of Subrogation as Required by Written Contract. Form No.WC 00 03 13. A.J AdditionaLl nsuredsWhen_Required_By Written_ C. ontract�W _ritten_Agr_eement_or.Permit_— Vendors Reference: HG0001, Section H,6,f The following person(s) or organization(s) are an additional insured when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement. A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. However, no such person or organization is an insured under this provision if such person or organization is included as an insured by an endorsement issued by us and made a part of this Coverage Part. f. Any Other Party Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respects to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf (1) In the performance of your ongoing operations; (2) In connection with your premises owned by or rented to you; or (3) In connection with "your work" and included with the "products- completed operations hazard ", but only if (a) The written contract or agreement requires you to provide such coverage to such additional insured, and (b) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products- completed operations hazard ". With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. Additional Insureds When Required. By Written Contract, W_ ritten Agreement or P_ ermit — Lessors of Equipment Reference: HG0001, Section II,6,b The following person(s) or organization(s) are an additional insured when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement. A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. However, no such person or organization is an insured under this provision if such person or organization is included as an insured by an endorsement issued by us and made a part of this Coverage Part. b. Lessors of Equipment (1) Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily injury ", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. (2) With respect to the insurance afforded to these additional insureds this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. A`i) O ll® INUA i t OF LIABILITY INSURANCE 04/11/2012 ' THIS CERTIFICATE IS ISSUED 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 certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1113- 623 -2330 CONTACT Arthur J. Gallagher Risk Management Services, NAME: Beverly Peaks Inc. PHONE 1900 West Loop South No 713- 358 -5826 F' E,. A/C No: 713- 358 -5827 E-MAIL E- Suite 1600 ADDRESS: Beverly Peska @aig.com Houston, TX 77027 - INSURERS AFFORDING COVERAGE Rena Dees 713- 358 -5758 NAICN INSURED INSURERA: HARTFORD FIRE IN CO 19682 Carolina Sunrock, LLC INSURERS: GREAT AMER INS CO 16691 INSURERC: HARTFORD UNDERWRITERS INS CO 30104 200 Horizon Drive Suite 100 INSURER D: Raleigh, NC .27615 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: 26584132 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE INSR BEEN REDUCED BY PAID CLAIMS. A TYPE ADOL SUER INSURANCE POLICY NUMBER MMIDDY/YY1 Y hPjfNpp IXP LIMITS A ry GENERALUA61LrrY X 61UENOC1082 03/01/1 03/01/13 EACH OCCURR 1'000'000 X ENCE $ COMMERCIAL GENERAL LIABILITY G O X PREMISES Ea ooclsra ce $ 500,000 CLAIMS -MADE OCCUR MED EXP (Airy one person) $ 10,000 PERSONAL& ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X PRO _ PRODUCTS- COMP /OP AGG $ 2,000,000 POLICY LOC $ A AUTOM0131LELIABILITY X 61UENOC1407 SINGLE LM A X 61UENOC1081 Ea acednt 1,000,000 ANY AUTO 03/01/1 03/01/13 ALL OWNED SCHEDULED BODILY INJURY (Per person) $ AUTOS AUTOS X NON -OWNED BODILY INJURY (Per accident) $ HIRED AUTOS 8 AUTOS PReOPE�Rd Y DAMAGE $ X $250 Ded, g $500 Ded. H X OCCUR TUU557817404 03/01/1 03/01/13 EACH OCCURRENCE $ 20,000,000 ��RETENTION EXCESS CLAIMS -MADE AGGREGATE $ 20,000,000 $ 10, 000 C WORKERS COMPENSATION AND EMPLOYERS'LUU31L1TY 61WEDC1080 03/01/1 03/01/13 X WC STATU- OTH- TORY UMITS ER $ YIN ANYPROPRIETOR/PARTNER/EXECUiIVE OFFICERIMEMBER EXCLUDED? NN N/A E.L. EACH ACCIDENT $ 1,000,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEO $ 1, 000, 000 yes, d If es, describe under DESCRIPTION OF OPERATIONSbeI— E.L. DISEASE - POLICY LIMIT 1 $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS f VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate Holder is named Additional Insured where required by written contract on all policies except Workers Compensation. Orange County, NC is granted 30 Days Written Notice of Cancellation, Non - Renewal or material change in coverage as required by written contract. See attached for additional coverage information. r`CDTICIPATC L1111 - W 1 Uoo -cu 1 U HL,UKLI L UKt'UKA I IUN. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD bevpesk 26584132 LLLr1 1 1 V IY Orange County; NC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 8181 AUTHORIZED REPRESENTATIVE Hillsborough, NC 27278 USA W 1 Uoo -cu 1 U HL,UKLI L UKt'UKA I IUN. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD bevpesk 26584132 Additional Insureds Other Insurance Reference: HG0001, Section IV,2,e If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non - contributory with the additional insured's own insurance. an(a -1�.3 ORANGE COUNTY — CONTRACT CONTROL SHEET Routing Order: (1) Department, (2) IT, (3) Risk Management, (4) Financial Services, (5) Attorney, (6) Manager, (7) Clerk This Document shall accompany all contracts and shall be submitted for signature in the Routing Order specified above. If the Manager determines the contract is not appropriate for Manager approval the Manager shall submit the contract for BOCC approval. Contracts for BOCC approval must be submitted through, and complete, the routing process prior to agenda review. Contracts for legal review should be completed through the legal review process prior to being routed for signature. Department Party/Vendor Name: Camilina Sunrock, LLL (formerly Barrett, Irvin & Jordan Pavement & Grading) Party/Vendor Contact Person: Blake Horning Contact Phone: 919 - 956 -9900 Party/Vendor Address: 2116 Camden Avenue City Durham State: NC Zip: 27704 Department: AMS Amount: $6,930 Purpose: Handicap access improvements at 501 Franklin Street (Chapel Hill) Budget Code(s): 1024- 0320 - 570000 Vendor # 52169 (N /A if new vendor) Vendor is a BOCC consu taut? Yes NoN Contract Type: (Check one) New ® Renewal ❑ Amendment ❑ Effective Date 5/18/2012 Approved by Board Yes[] No❑ Agenda Date: Title of Contract: If this is a Grant Agreement, pre- application has been approved by the Board of Commissioners Yes❑ No❑. If submitted for bid were bids/RFPs received Yes® No❑ Bid/RFP number 5168, unit prices for Landfill Paving contractThis contract has been reviewed and approved by the Department Director as technical content: Department Director's Signature: Date: S • ,7- Z Z IT Director (Applicable only to hardware /software purchases or related services) This contract has been reviewed and approved by the Information Technology Director as to technical content and information technology specifications: IT Director's Signature: Date: Risk Management Include the following coverages: aCGL; [9-Auto; aWC; ❑ Professional; ❑ Property; OR No Insurance Required ❑. Hold Contract pending receipt of Certificate of Insurance El. With incorporation of Insurance provisions as shown, this contract is approved by the Risk Manager: Risk Manager's Signature: Date: 5-.Z Z • (Zi Financial Services This Contract is conditioned on appropriation by the Board of Commissioners Yes❑Nz A budget amendment is necessary before approval Yes❑ NoIf budget amendment is necessary, please attach to this form. This instrument has been pre - audited in the manner required by the Local Government Budget and Fiscal Contr Act:: � , /y►- Date: Financial Services Director's Signature: — � 2 Countv Attorne Approval by Board ❑ (Contracts $90,000.00 ore for goods or services, $250,000.00 or more for construction, or any BOCC consultant contract). Approval by Manage (All other contracts). This contract has been reviewed and approved by the Attorney as to legal form and sufficiency: Attorney's Signature Date: t 1 Countv Manager This contract has been reviewed and is approved by the County Manager Yes'No❑. This contract has been reviewed and is for signature by the hair Yes❑NoEj - Manager's Signature: Date: —� Clerk to the Board Approved by BOCC on the _ day of 20 . Submitted for Chair signature on the day of , 20 Clerk's Signature: Revised November 2011 Date: