HomeMy WebLinkAboutAgenda - 11-08-2012 - 7c 1
ORD-2012-048
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 8, 2012
Action Agenda
Item No. 7-c
SUBJECT: Bid Award — Buckhorn Mebane Phase 2 Water and Sanitary Sewer, and
Approval of Budget Amendment #3-C
DEPARTMENT: Manager, Planning, Financial PUBLIC HEARING: (Y/N) No
and Administrative Services,
Asset Management Services
(AMS)
ATTACHMENT(S): INFORMATION CONTACT:
1) Certified Bid Tabulation Frank W. Clifton, Jr., Manager's Office,
2) Award Recommendation Letter from (919) 245-2300
Hobbs Upchurch John Roberts, Attorney, (919) 245-2318
3) Contract Craig Benedict, Planning, (919) 245-
4) Efland/Buckhorn/Mebane Utility 2592
Planning Area Clarence Grier, Financial and
5) Utility Map from Hobbs Upchurch Administrative Services, (919) 245-
2453
Kevin Lindley, Planning, (919) 245-2583
Jeff Thompson, AMS, (919) 245-2658
David Cannell, Financial and
Administrative Services, (919) 245-
2651
PURPOSE: To consider:
• Awarding the bid and approving a construction contract to J.F. Wilkerson Contracting of
Morrisville, NC in the amount of $4,016,545.74 for the installation of Buckhorn Mebane
Phase 2 water and sanitary sewer system;
• Approve Budget Amendment #3-C for $1,016,546 (last year's Capital Investment Plan
(CIP) cost estimate did not include some cost efficient water and sewer scope additions
that can be completed in this phase rather than during later phases);
• Authorize the Chair to sign the contract on behalf of the Board of County Commissioners,
subject to final review by the County Attorney; and
• Authorize the Manager to execute individual change orders within the limit of the
Manager's authority ($250,000) up to the extent of the project budget.
BACKGROUND: On June 19, 2012 the BOCC authorized staff to proceed with formal
Construction Document preparation and bidding of the Buckhorn Mebane Phase 2 water and
sanitary sewer project.
2
This project area is part of the 3,000 acre Efland/Buckhorn/Mebane Utility Planning Area (see
Attachment 4) and comprises over 800 acres of economic development land use shown as
areas A and D1. This area is generally located along a 3-mile corridor south of 1-85/1-40 and
north of West Ten/Bowman Roads. A gravity sewer `backbone' system is being installed that
will flow back to the City of Mebane. In addition, 16" water mains will be installed that support
an additional 900 acres with new and enhanced water supply and fire flow.
These facilities are strategically placed within prime development areas consistent with
intergovernmental and community planning study areas and agreements. Also, proactive
rezoning through the BOCC in these areas has made the location more competitive when vying
for targeted business and industry. Further, this is an important phase of the utility master plan
that will also create some of the infrastructure to allow the sewer flow from Efland to be
redirected to Mebane.
Funding for this is accomplished thorough the 1/4 cent sales tax initiative from the November
2011 voter referendum. Within less than a year after the referendum, Orange County has
succeeded in two major interlocal utility agreements with Mebane and Durham with various
stages of master planning, design, and construction bid award in progress. The investment in
these prime interstate corridors will position Orange County to diversify the economic tax base
with office, light industrial, manufacturing and retail and associated jobs.
BID INFORMATION
Competitive bids were opened on October 9, 2012 (see Attachment 1 , "Certified Bid
Tabulation"). After a period of review of the bid documents by staff and the County's
engineering consultant, Hobbs Upchurch Associates, J.F. Wilkerson Contracting was
determined to be the lowest responsive, responsible bidder for this project for the base bid
sections 1-4 (see Attachment 2).
Bids received were in excess of the $3.1 million schematic cost estimate for construction
approved by the BOCC as part of the FY2012-13 Capital Investment Plan. Staff and the
consultant conducted a rigorous value engineering exercise with J.F. Wilkerson Contracting and
successfully eliminated $329,595 in costs to the project with minimal impact to the design
scope.
Additional value engineering will be conducted, assisted by more in-depth soil borings, that
could further reduce costs. If savings are realized, or additional funds are identified, staff will
bring back additional utility scope increases that were noted as alternates in the bid program.
The following timeline represents the project delivery and completion:
TASK PROPOSED END BY
BEGINNING DATE
DATE
BOCC Action: Buckhorn-Mebane Phase 2 Water and Sewer 11/8/12 11/8/12
Construction Period (est. 12 months) 1/1/13 1/1/14
System Commissioning, Completion of As-Built Drawings 1/1/14 2/1/14
System Turnover to the City of Mebane 3/31/14 N/A
FINANCIAL IMPACT: $3.575 million is available as part of the FY2012-13 Capital Improvement
Project budget, which includes $439,500 in professional services funds for Hobbs Upchurch
3
Associates related to design, construction administration, bidding, and easement procurement.
This project is being funded by the portion of the 1/4 cent sales tax designated for Economic
Development. The CIP budget for future year Buckhorn-Mebane Utility phases 3 & 4 will be
adjusted to reflect the work in this prior year project. Existing funds for general contingency and
property easement procurement amount to $35,500. CIP first year funding estimated a lower
cost by approximately $1,016,546 due to the refined and expanded project scope, competitive
bid amounts and the need for additional contingency funds. Budget Amendment #3-C below
illustrates this in detail:
Revenues for this project:
FY2010-12 Nov 8, 2013 FY 2012-13
Amendments Amendment Revised
Debt Financing 3,100,000 $3,100,000
Transfer from General Fund $475,000 $1,016,546 $1,491,546
Total Project Revenues $3,575,000 $1,016,546 $4,591,546
Appropriated for this project:
FY2010-12 Nov 8, 2013 FY 2012-13
Amendments Amendment Revised
Professional Services $439,500 $0 $439,500
Construction $3,100,000 $916,546 $4,016,546
Contingency, Easements $35,500 $100,000 $135,500
Total Project Appropriation $3,575,000 $1,016,546 $4,591,546
RECOMMENDATION(S): The Manager recommends that the Board:
1.) Award the bid and approve a construction contract to J.F. Wilkerson Contracting of
Morrisville, NC, in the amount of $4,016,545.74 for the installation of Buckhorn Mebane
Utilities Phase 2 water and sanitary sewer system;
2.) Approve Budget Amendment#3-C for $1,016,546;
3.) Authorize the financing of the project and payment of debt service using the 1/4 cent
sales tax revenue;
4.) Authorize the Chair to sign the contract on behalf of the Board of County
Commissioners, subject to final review by the County Attorney; and
5.) Authorize the Manager to execute individual change orders within the limit of the
Manager's authority ($250,000) up to the extent of the project budget.
SUMMARY OF BID OPENING
Bid Opening-October 9 @ 2:00 p.m.
Buckhorn-Mebane EDD Phase 2-Water and Sewer Improvements
Orange County,NC
HUA Project No.:OC1001
LICENSE SUPPLEMENTAL ALTERNATE ALTERNATE ALTERNATE ALTERNATE ALTERNATE
CONTRACTOR ADDRESS INFORMATION TOTAL BASE BID AMOUNT
NO. INCLUDED NO.I NO.2 NO.3 NO.4 NO.5
J.F. Wilkerson Morrisville,NC 4499 X $4,346,140.33 $1,261,719.11 $207,070.82 $224,912.48 $145,869.25 $477,000.00
Contracting
Sanford Contractors Sanford,NC 6301 X $4,392,079.47 $1,209,804.16 $146,786.99 $220,874.69 $184,175.00 $333,900.00
Moffat Pipe Inc. Wake Forest,NC 54906 X $4,494,849.79 $1,079,276.00 $186,371.00 $233,230.00 $177,550.00 $371,000.00
DeVere Construction Raleigh,NC 46097 X $4,562,584.50 $1,164,107.00 $214,802.00 $239,125.00 $151,050.00 $439,900.00
Company
Centurion Construction Raleigh,NC 12332 X
H Company,Inc. $4,746,906.76 $1,072,164.12 $198,655.72 $211,781.99 $147,968.05 $400,809.85
H Dellinger,Inc. Monroe,NC 5992 X $4,774,109.92 $1,263,252.20 $336,933.00 $332,760.00 $153,700.00 $397,500.00
W .
Sullivan Eastern Inc. Durham,NC 63673 X $4,845,765.00 $1,212,139.00 $179,655.00 $231,160.00 $172,250.00 $304,750.00
U _
H Ralph Hodge Wilson,NC 6271 X $4,969,789.55 $1,159,974.60 $193,501.00 . $255,807.00 $156,350.00 $410,750.00
E-1 Construction Company
Layne Heavy Civil,Inc. Nashville.TN 27002 X $5,750,766.00 $1,300,057.00 $198,071.00 $237,540.00 $139,125.00 $344,500.00
Park Construction of NC, Morrisville,NC 61200 X
Inc. $5,964,587.00 $1,377,591.90 $217,555.00 $363,226.00 $537,950.00 $549,875.00
Verified as correct by Hobbs,Upchurch&Associates,P.A. , '' 4 tom,.
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Date: g
Attachment 2 5
Hoobs Upchurch Associates
engineering / r/"""/"e / stir"ev`"p
October 26, 2012
Mr. Craig N. Benedict
Orange County Planning& Inspections Director
131 W. Margaret Lane, Suite 201
Hillsborough, NCI7278
RE: Buckhorn-Mebane EDD Phase 2
Water and Sewer System Improvements
Orange County, North Carolina
HUANo.: O[l0O1
SUBJECT: Recommendation of Award
Craig,
Construction bids were received for the above referenced work on Tuesday October 9th, at 2:00 PM.
Bids were received and publicly opened and read in Conference Room 004 of the Orange County
Planning and Inspections Department, Hillsborough, NC.
Ten responsive bids were submitted, opened and read. Submitted bids included prices for a base bid
plus pricing for five alternates. Prices for the base bid ranged from a low bid of$4,346,140.33 to a high
bid of $5,964,587.00. The low, responsive bid was $4,346,140.33, submitted by J.F. Wilkerson
Contracting. A certified summary of the base bids plus alternates is attached to this letter.
The base bid is divided into 4 specific sections of work, referred to as Sections 1 through 4. J.F.
Wilkerson's base bid price of$4,346,140.33 is for these four sections. Value engineering of the project
was performed which resulted in identification of materials savings and a reduction in scope of one of
the sections. These savings total approximately $339,594.59 and reduces ].F. Wilkerson's base bid to
$4,016,545.74.
Based upon a review of contractor qualifications in accordance with the contract documents, Hobbs,
Upchurch & Associates, PA recommends that Orange County make award to ].F. Wilkerson Contracting
in the amount of $4,016,545.74 for construction of the Buckhorn-Mebane EDD Phase 2 Water and
Sewer System Improvements.
Hobbs, Upchurch & Associates, PA appreciates the opportunity to be of continued service to Orange
County and looks forward to working with the County during the construction phase of this project.
Should you have any questions or need additional information regarding the bids or the project in
general, please do not hesitate to contact us at (910) 692-5616.
Sincerely,
HOBBS, UPCHURCH &ASSOCIATES, P.A.
Robert Bernard, P.E.
Enclosures
T:910.692.5616 | F:910.692.7342 I 300 SW BROAD STREET I SOUTHERN PINES,NC 28387 | wWw,HnaasupuxunCH.now
'SUPERIOR PERFORMANCE THROUGH wwovAnveDESIGN
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SUGGESTED FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR FOR
CONSTRUCTION CONTRACT (STIPULATED PRICE)
Prepared by
ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE
and
Issued and Published Jointly By
National Society of
fProessoal Engieers American oci ASE
/ Private of Engineers
r'�AMIIM,PR( N,Ni'n(di�N4,1,4 i RPM.G�PAtiRX V,ff r Professional Enai eery in f A" to P dice
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
a practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMERICAN COUNCIL OF ENGINEERING COMPANIES
AMERICAN SOCIETY OF CIVIL ENGINEERS
This document has been approved and endorsed by
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aYCSusldnng
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EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price)
Copyright 8 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
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EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price)
Copyright 8 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
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Introduction
This Suggested Form of Agreement between Owner and Contractor for Construction Contract (Stipulated Price)
("Agreement") has been prepared for use with the Guide to the Preparation of Instructions to Bidders ("Instructions")(C-200,
2002 Edition) and with the Standard General Conditions of the Construction Contract ("General Conditions")(C-700, 2002
Edition). Their provisions are interrelated, and a change in one may necessitate a change in the others. For guidance in the
preparation of Supplementary Conditions and coordination with Instructions to Bidders, see Guide to the Preparation of
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This form and the other Bidding Documents prepared and issued by the EJCDC assume acceptance of the Project Manual
concept of the Construction Specifications Institute which provides for an organizational format for location of all bound
documentary information for a construction project, namely: Bidding Requirements (which term refers to the Advertisement
or Invitation to Bid, the Instructions, and any Bid Form that may be suggested or prescribed, all of which provide information
and guidance for all Bidders) and the Contract Documents (defined in Article 1 of the General Conditions),which include the
Agreement, bonds and certificates, the General Conditions, the Supplementary Conditions, the Drawings, and the
Specifications. The Bidding Requirements are not considered part of the Contract Documents because much of their
substance pertains to the relationships prior to the award of the Contract and has little effect or impact thereafter and because
many contracts are awarded without going through the bidding process. In some cases, however, the actual Bid may be
attached as an exhibit to the Agreement to avoid extensive retyping. (The terms "Bidding Documents" and "Bidding
Requirements" are defined in Article 1 of the General Conditions.) The Project Manual concept is explained in the Manual of
Practice issued by the Construction Specifications Institute.
Suggested language is presented herein with "Notes to User" to assist in preparing the Agreement. Much of the language
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language or writing additional provisions, the user must check the other documents thoroughly for conflicts and coordination
of language usage and make appropriate revisions in all affected documents.
Refer to the discussions in EJCDC's Recommended Competitive Bidding Procedures for Construction Projects ("Bidding
Procedures") (No. 1910-9-D, 1987 Edition) (to be reissued in 2002) on the particular paragraphs of which frequent reference
is made below.
For brevity, paragraphs of the Instructions to Bidders are referenced with the prefix "I," those of the Bid Form are
referenced with the prefix"BF,"and those of this Agreement are referenced with the prefix"A."
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EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price)
Copyright 8 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00520-i
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EJCDC
SUGGESTED FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR FOR
CONSTRUCTION CONTRACT(STIPULATED PRICE)
THIS AGREEMENT is by and between Orange County
(Owner)and
(Contractor).
Owner and Contractor, in consideration of the mutual covenants set forth herein, agree as follows:
ARTICLE 1 -WORK
1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally
described as follows:
Orange County Buckhorn-Mebane EDD Phase 2 Water and Sewer Improvements
ARTICLE 2-THE PROJECT
2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described
as follows:
The Work is generally described as follows: The proposed sewer improvements include the
installation of approximately 923 lf of 8-inch, 5,093 lf of 12-inch, and 8,976 lf of 18-inch gravity sewer
and 73 manholes.
Proposed water improvements include the installation of approximately 14,020 lf of 16-inch water
main.
ARTICLE 3 -ENGINEER
3.01 The Project has been designed by Hobbs,Upchurch&Associates,P.A.-300 S.W. Broad Street,Southern Pines,
North Carolina 28387(Engineer),who is to act as Owner's representative, assume all duties and responsibilities, and
have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the
Work in accordance with the Contract Documents.
ARTICLE 4-CONTRACT TIMES
4.01 Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated
in the Contract Documents are of the essence of the Contract.
4.02 Days to Achieve Substantial Completion and Final Payment
A. The Work will be substantially completed within 365 consecutive calendar days after the date when the Contract
Times commence to run as provided in Paragraph 2.03 of the General Conditions, and completed and ready for final
payment in accordance with Paragraph 14.07 of the General Conditions within 395 consecutive calendar days after the
date when the Contract Times commence to run.
EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price)
Copyright 8 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00520-1
12
4.03 Liquidated Damages
A. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss
if the Work is not completed within the times specified in Paragraph 4.02 above,plus any extensions thereof allowed
in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and
difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not
completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated
damages for delay (but not as a penalty), Contractor shall pay Owner$500_00 for each day that expires after the time
specified in Paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial
Completion, if Contractor shall neglect, refuse,or fail to complete the remaining Work within the Contract Time or
any proper extension thereof granted by Owner, Contractor shall pay Owner$500.00 or each day that expires after the
time specified in Paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready
for final payment.
B. Failure of the Contractor to commence construction within ten (10) days of the Notice to Proceed shall begin a daily
penalty to the Contractor at a rate of fifty percent(50%)of the daily liquidated damages specified in Paragraph 4.03(A).
ARTICLE 5-CONTRACT PRICE
5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in
current funds equal to the sum of the amounts determined pursuant to Paragraphs 5.01.A, 5.01.B, and 5.01.0 below:
A. For all Work other than Unit Price Work, a Lump Sum of:
($ )
(words) (numerals)
All specific cash allowances are included in the above price and have been computed in accordance with paragraph
11.02 of the General Conditions.
B. For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of
Unit Price Work times the estimated quantity of that item as indicated in this paragraph 5.01.B:
As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations
of actual quantities and classifications are to be made by Engineer as provided in Paragraph 9.07 of the General
Conditions. Unit prices have been computed as provided in Paragraph 11.03 of the General Conditions.
UNIT PRICE WORK
SEE ATTACHED SCHEDULE OF BID ITEMS
TOTAL OF ALL ESTIMATED PRICES:
(words) (numerals)
EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price)
Copyright 8 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00520-2
13
C. For all Work, at the prices stated in Contractor's Bid, attached hereto as an exhibit.
ARTICLE 6-PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions.
Applications for Payment will be processed by Engineer as provided in the General Conditions.
6.02 Progress Payments;Retainage
A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for
Payment on or about the 10th day of each month during performance of the Work as provided in Paragraphs
6.02.A.1 and 6.02.A.2 below. All such payments will be measured by the schedule of values established as provided
in Paragraph 2.07.A of the General Conditions(and in the case of Unit Price Work based on the number of units
completed)or, in the event there is no schedule of values, as provided in the General Requirements:
1. Prior to Substantial Completion,progress payments will be made in an amount equal to the percentage indicated
below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may
determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph
14.02 of the General Conditions:
a. 5%percent of Work completed(with the balance being retainage). If the Work has been 50 percent
completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to
Owner and Engineer, Owner,on recommendation of Engineer,may determine that as long as the character
and progress of the Work remain satisfactory to them,there will be no additional retainage; and
b. 5%percent of cost of materials and equipment not incorporated in the Work(with the balance being
retainage).
6.03 Final Payment
A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions,
Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph
14.07.
ARTICLE 7-INTEREST
7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of
L5% percent per annum.
ARTICLE 8—CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce Owner to enter into this Agreement Contractor makes the following representations:
A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the
Bidding Documents.
B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions
that may affect cost,progress, and performance of the Work.
C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost,
progress, and performance of the Work.
EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price)
Copyright 8 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
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D. Contractor has carefully studied all: (1)reports of explorations and tests of subsurface conditions at or contiguous to
the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or
contiguous to the Site(except Underground Facilities)which have been identified in the Supplementary Conditions as
provided in Paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental
Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in Paragraph 4.06
of the General Conditions.
E. Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional or supplementary
examinations, investigations, explorations,tests, studies, and data concerning conditions (surface, subsurface, and
Underground Facilities)at or contiguous to the Site which may affect cost,progress,or performance of the Work or
which relate to any aspect of the means,methods,techniques, sequences, and procedures of construction to be
employed by Contractor, including any specific means,methods,techniques, sequences, and procedures of
construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto.
F. Contractor does not consider that any further examinations, investigations, explorations,tests, studies,or data are
necessary for the performance of the Work at the Contract Price,within the Contract Times, and in accordance with the
other terms and conditions of the Contract Documents.
G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the
Work as indicated in the Contract Documents.
H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to
the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations,
explorations,tests, studies, and data with the Contract Documents.
I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities,or discrepancies that Contractor has
discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.
J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for
performance and furnishing of the Work.
ARTICLE 9-CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents, in the order of priority for resolving conflicts,consist of the following:
1. This Agreement(pages 1 to 7, inclusive).
2. Drawings consisting of all sheets with each sheet bearing the following general title: Buckhorn-Mebane EDD
Phase 2 Water and Sewer Improvements [or] the Drawings listed on attached sheet index.
3. Specifications as listed in the table of contents of the Project Manual.
4. Addenda(numbers to , inclusive).
5. General Conditions(pages 1 to 41, inclusive).
6. Supplementary Conditions (pages 1 to 4, inclusive).
7. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not
attached hereto:
a. Notice to Proceed(pages 1 to 1, inclusive).
EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price)
Copyright 8 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00520-4
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b. Work Change Directives.
c. Change Order(s).
8. Exhibits to this Agreement(enumerated as follows):
a. Contractor's Bid (pages 1 to 9, inclusive).
b. Documentation submitted by Contractor prior to Notice of Award (pages NA to NA, inclusive).
9. Performance bond(pages 1 to 2, inclusive).
10. Payment bond (pages 1 to 3, inclusive).
11. Other bonds
a. Bid Bond (pages 1 to 2, inclusive).
b. (pages NA to NA, inclusive).
c. (pages NA to NA, inclusive).
B. The documents listed in Paragraph 9.01.A are attached to this Agreement(except as expressly noted otherwise above).
C. There are no Contract Documents other than those listed above in this Article 9.
D. The Contract Documents may only be amended,modified,or supplemented as provided in Paragraph 3.04 of the
General Conditions.
ARTICLE 10-MISCELLANEOUS
10.01 Terms
A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary
Conditions.
10.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party
hereto without the written consent of the party sought to be bound; and, specifically but without limitation,moneys
that may become due and moneys that are due may not be assigned without such consent(except to the extent that
the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written
consent to an assignment,no assignment will release or discharge the assignor from any duty or responsibility under
the Contract Documents.
10.03 Successors and Assigns
A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party
hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and
obligations contained in the Contract Documents.
10.04 Severability
EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price)
Copyright 8 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
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A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall
be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor,
who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a
valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.
10.05 Other Provisions
IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in duplicate. One counterpart each has been
delivered to Owner and Contractor. All portions of the Contract Documents have been signed or identified by Owner and
Contractor or on their behalf.
EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price)
Copyright 8 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
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This Agreement will be effective on , (which is the Effective Date of the Agreement).
OWNER: CONTRACTOR:
ORANGE COUNTY
By: By:
Title: Title:
[CORPORATE SEAL] [CORPORATE SEAL]
Attest: Attest:
Title: Title:
Address for giving notices: Address for giving notices:
131 W.Margaret Lane
Hillsborough,North Carolina 27278
License No.:
(If Owner is a corporation,attach evidence of authority to sign. If Owner (Where applicable)
is a public body, attach evidence of authority to sign and resolution or
other documents authorizing execution of Owner-Contractor Agreement.)
Agent for service or process:
(If Contractor is a corporation or a partnership, attach evidence
of authority to sign.)
EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price)
Copyright 8 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00520-7
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