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HomeMy WebLinkAbout2001 S Purchasing - Mellott Construction for Franklin Street Pocket Park $126,742 ORIGINAL, SIGNATURES COPY W _1 c-f 4 NORTH CAROLINA DIST: ORANGE COUNTY "- CONSTRUCTION CONTRACT THIS CONTRACT,made and executed in triplicate this day of October, 2001,by and between ORANGE COUNTY,NORTH CAROLINA, a hereinafter designated as the "COUNTY", and: ham incorpc�re, a5vbdt�iSto„ 044hc;96+e of Nom► Ca.►ro4rna (`ih Mellott Construction hereinafter designated as the "CONTRACTOR": WITNESSETH: That pursuant to the provisions of Section 143-129 as amended, of the General Statutes of North Carolina,proposals were invited for the construction of the improvements hereinafter referred to, and all proposals having been duly opened and as provided by law, the Commisioners of Orange County at a meeting on the 2 day of .tune, ' 2001, awarded the contract for said construction to the aforesaid Contractor,the lowest responsible bidder, at the prices specified in the proposal, said proposal being a part of this Contract: NOW, THEREFORE, in consideration of the payments agreed to be made by the County hereinafter specified,the COUNTY and the CONTRACTOR agree as follows: (1) The CONTRACTOR, at his (its) own proper cost and expense and with skill and diligence, shall furnish all labor, tools,materials, and equipment and do all things necessary for the proper construction and completion as per the Drawings and Specifications: FRANKLIN STREET POCKET PARK (2) The CONTRACTOR shall strictly follow the said Project Manual, dated May 4, 2001, and Drawings dated 2-26-01, and December 2000 (for Streetscape Improvements Plan), and as amended by Addendums#1, #2, and#3, and as further amended below. All work described above shall be performed at the total bid price of: $119,445.00 As broken down into the following amounts: Original Section 1 Bid: $ 45,936.00 Original Section 2 Bid: $ 80,806.00 Original Total Bid : $ 126,742.00 Deduct Alternate#1: Smaller Tree Sizes -$ 6,598.00 Add Alternate#2: Retaining Wall @ Coldwell +$ 3,801.00 Add Alternate#3: Exterior Lighting Fixtures +$ 2,500.00 FRANKLIN STREET POCKET PARK T . .. Add Alternate#4: Planter in Northwest Comer, etc. +$ 2,800.00 -(Except as herewith amended: Instead of the planter in the Northwest Comer, contractor shall build a brick retaining wall from the comer of the Chapel Hill News Building and shall be aligned as shown on the STREETSCAPE IMPROVEMENTS PLAN included in the Plans and Specifications Documents for this project. The wall shall be identical in method of construction and materials to the existing planter wall in front of and attached to the Chapel Hill News Building, 505 West Franklin Street. The lighted bollard shall be constructed as specified,but located next to the end of this wall). This amendment shall change the price of Add Alternate#4 by: 1000.00 Parking Meter Revenue Reimbursement 2,500.00 Street Furniture Credit for Town supplying and installing benches and trash receptacles: -$ 6,300.00 $119,445.00 The originals of the specifications, schedules, drawings and other documents are on file in the office of the Architect, and true copies of which are attached hereto and made a part of this contract as if fully set forth herein, and in accordance with the directions(not inconsistent therewith) given from time to time during the construction by the Architect or such official or employee of the Town of Chapel Hill or COUNTY as the COUNTY may designate. The CONTRACTOR shall accept the prices specified in this Contract and in the proposal in full compensation and satisfaction for the performance of this Contract; and as a part of the consideration connected with the said work; and the CONTRACTOR shall be responsible for faithfully completing the whole work according to the Drawings and Specifications and the terms and conditions of this Contract. The work required by this Contract shall be commenced by the CONTRACTOR not later than the start date indicated on the Notice to Proceed, and the entire work shall be completed not later than 120 days after the start date of the Notice to Proceed. All work under this Contract shall be done and performed to the satisfaction of Orange County,or of such official or employee of Orange County as may be designated by the County, and such official or employee designated by the County shall in all cases of dispute determine the quantity, quality, acceptability and fitness of the work and materials and of the several portions thereof which are to be paid for under this Contract, and shall decide and determine all questions which may arise as to the measurements, lines, levels, and dimensions of the work, and all questions respecting the true construction, interpretation or meaning of the Drawings and Specifications. In case of dispute between the CONTRACTOR and said official or employee of the COUNTY, the decision and determination of the latter shall be taken and shall be final and conclusive. In consideration of the performance of this contract and the full completion of the work required of the CONTRACTOR by the terms and conditions of this Contract,the COUNTY agrees to pay FRANKLIN STREET POCKET PARK to the CONTRACTOR partial payments payable as follows: Partial payments will be made to the CONTRACTOR,by the COUNTY every thirty(30)days after work is commenced to the extent of 90 per cent of the work when completed as estimated by the Contractor and verified and approved by Orange County, or other representatives designated by the COUNTY. Final estimates of the amount due to the CONTRACTOR by the COUNTY of the amounts so determined to be due, in accordance with this Contract, shall relieve the COUNTY from all claims for work done and materials and equipment furnished under this Contract. It is further mutually agreed between parties hereto that no estimate or partial payment made under this Contract shall be conclusive evidence of the performance of this Contract, either wholly or in part, and that no such payment shall be construed to be an acceptance of defective work or improper materials. The CONTRACTOR, in executing this Contract, agrees that he shall be responsible for the maintenance,repair and replacement, as necessary, of any work completed under this Contract that may become defective due to faulty workmanship or materials for a period of one(1)year after final acceptance of the work performed. THE COUNTY OF ORANGE,NORTH CAROLINA BY: COUNTY CbMMISSIONER Maw ATTW. (7 County C1erk SEAL: CONTRA BY: TITLE: ATTEST: TITLE: Se P;s 5��, FRANKLIN STREET POCKET PARK