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Home My WebLink About2012-257 AMS - Mackem Construction LLC $12,400 ,7D/x -02.59' ,4N7'5 NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$25,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this 20th day of July, 2012 by and between Orange County, North Carolina (hereinafter the "Owner") party of the first part; and Mackem Construction, 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: July 20,2012 through August 31, 2012. The Project Commencement Date shall be July 20, 2012. 2. MAXIMUM AMOUNT PAYABLE Dollar Amount Not to Exceed: Twelve Thousand Four Hundred Dollars ($12,400.00) 3. SERVICES Contractor agrees to provide the following construction services (the "Work"): Structural, concrete, and safety repairs on the Eno River Parking Deck, 106 Nash & Kollock Drive, Hillsborough, according to the proposal attached and titled as Attachment A. 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 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 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. ORANGE COU , Y T CONTRACT""' N By By FranV'W_ Cli on, Manager Ian Dalton n 1 200 S. Cam 0 St. Mackern Construction,LLC P.O. Box 81 P.O. Box 1205 Hillsborough,NC 27278 Hillsborough,NC 27510 This instrument has been approve to cal conteg-nit. Je) rhompson, Departme 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. Office oft County Attorney Revised November 2611 3 • Mackem Construction, LLC Bid Proposal PO Box 1205 Carrboro, NC 27510 Date Estimate# 6/28/2012 152 Orange County-Parking Deck Repair c/o Jeff Thompson Description Total 1. Stairwell rail: $3,000 12,400.00 2. Caulking: $1,000 3. Vernal pool grind and topping(top deck level): $1,200 4. Repair spalling at spandrel anchorage: $800 5. Recaulk lower level slab crack: $1,200 6. Vertical expansion joint covers at exp.Joint: $1,200 7. Repair spalling on underside of spandrels/tees: $750 8. Fill cracks on decorative posts: $2,500 9. Repair pops and spalls at top level slab: $500 10. Spray tops of cable rail guides: $250 Total $12,400.00 • ----'41 li, ACCPREI CERTIFICATE OF LIABILITY INSURANCE I DATE,(MIALTONYYTI L,..--:--- 05/17/2012 PRODUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION Risk Insurance Management Servioas,Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P 0 Box 847 HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR Holly Springs,NC 27540 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. John L Myers,919/552-7278 F: 919/552-5661 1 INSURERS AFFORDING COVERAGE 1 NAIC# ------- iNSURED Mackem Construction,LLC I INSURER A: EMC Insurance Companies .INSURER B. P0 Box 1205 Carrboro,NC 27510 i INSURER C: _ ------ —------- _ INSURER 0: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. JusRiAnot I POLICY EFFECTIVE POLICY EiPITIATION LTR INDRO TYPE OF INSURANCE POLICY NUMBER DATE(MM/DDIYYTY) DATE(MMJOOTfl'Yy14 UNITS GENERAL LIABIUTY . 05/05/2012 05/05/2013 EACH OCCURRENCE 1$ 1,000,000 A X COMMERCIAL GENERAL LIABIUTY 403-24-29 PagiigENTE5 ) I$ 100,000, 1 1 CLAIMS MADE X, ,OCCUR MED EXP(Any one person) i$ 5,000 I PERSONAL A.ADV INJURY 15 1,000,000— 1_1 GENERAL AGGREGATE I$ 2,000,000 , i GERI AGGREGATE LJMIT APPLIES PER PRODUCTS-COMP/OP AGO $ 2,000,000 —., X I POLICY 1',la i---7,...c $ AUTOMOBILE IJABIUTY 4E3-24-29 05/05/2012 05/05/2013 COMBINED SINGLE UMIT s 1,000,000 A ANY AUTO (Ea accident) _ ALL OWNED AUTOS BODILY INJURY S : I SCHEDULED AUTOS (Per person) i , I X 1 HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) j PROPERTY DAMAGE 5 (Per accident) GARAGE UABILITY AUTO ONLY-EA ACCIDENT 5 f 1 ANY AUTO "OTHER THAN EA ACC S 1 I AUTO ONLY: Aoc s EXCESS!UMBRELLA umaiLmr EACH OCCURRENCE 5 — OCCUR I 1 CLAIMS MADE AGGREGATE 5 DEDUCTIBLE 5 — RETENTION 5 5 , I VAC STATU- 0TH- WORKERS COMPENSATION AND 05/05/2012 05/05/2013 1 X 1 TORY LIMITS R A EMPLOYERS'Lutalure Y/N 4H3-24-29 ANY PROPRIETOR/PARTNER/EXECUTIRA VE' N i 1 EL EACH ACCIDENT S 1,000,000 OFFICEKEMBER EXCLUDED? E.L DISEASE-EA EMPLOYEE S 1000,000 (Mandatory in NH) It yes,describe under E.L DISEASE-POLICY UMIT 5 1,000,000 SPFrIAI PROVISIONS beInw OTHER DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES!EXCLUSIONS ADDED BY ENDORSEMENT!SPECIAL PROVISIONS _ CANCELLATION 'CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION Orange County DATE THEREOF,THE ISSUING INSURER WILL.ENDEAVOR TO MAIL Y DAYS WRITTEN P 0 Box 8181 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR UABIUTY OF ANY KIND UPON THE INSURER.ITS AGENTS OR ro Hillsbough,NC 27278 ATTN:Jeff Thompson ijethompson @ co.orange,nc.us (:)....•-7.,... -I. T',Alt 410,WW —.L.,..---- 0 1988-2009 . 'ORD CORPORATION. All rights reserved. ACORD 25(2009(01) The ACORD name and logo are registered marks of ACORD