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HomeMy WebLinkAbout2012-396 AMS - W L Bishop Construction Inc 129 E King Stormwater Repair $55,359.00 a0 Ix- .7 s�a [Departmental Use Only] TITLE 129 King Stormwater Repair FY FY12-13 NORTH CAROLINA CONSTRUCTION AGREEMENT UNDER$100,000.00 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter called "Agreement'), made as of the 12th day of November, 2012, by and between W.L. Bishop Construction, Inc., (hereinafter called the "Contractor"), and Orange County, a body corporate and politic and a political subdivision of the State of North Carolina, (hereinafter called the"Owner"). WITNESSETH: That the Contractor and the Owner, for the consideration herein named,agree as follows: 1. SCOPE OF WORK The Contractor shall furnish and deliver all of the materials, and perform all of the work required by this Agreement within the time period stipulated in a written Notice-to-Proceed to be executed by the Contractor and Owner and in accordance with the following enumerated documents, which are attached hereto and made a part hereof as if fully contained herein: a. Construction Drawings prepared by Corley, Redfoot Architects (Sheets C1.0, CLI, and C1.2 dated 9/7/12) b. Written specifications prepared by the project engineer. c. Bid proposal dated October 12, 202012 which fully describes the work to be performed, such work hereinafter called the"Work". d. Other documents as follows: Construction Document Project Manual dated October 8, 2012; Addendum#1 dated 10/19/12. 2. TERM AND SCHEDULING a. The Contractor agrees to commence work on the date of the executed original of this Agreement and agrees to complete fully all Work included by January 15,2012. b. Time is of the essence with respect to all dates specified in the Contract Documents as Completion Dates. c. The Contractor shall perform the Work in the time, manner and form required by the Contract Documents and as stipulated in a written Notice-to-Proceed to be executed by the Contractor and Owner. d. It is expressly understood that the Owner will employ other contractors to perform work as a part of the Project whose work will be performed simultaneously and sequentially with the performance of the Work by the Contractor. It shall be necessary for the Contractor to coordinate its activities with such other contractors, particularly with respect to access to work areas, storage of materials and other common facilities. e. Should the Owner determine that the Contractor is behind schedule, it may require the Contractor to expedite and accelerate its efforts, including providing additional resources and working overtime, as necessary, to perform the Work in accordance with the approved project schedule at no additional cost to the Owner. Revised October 2011 1 3. STANDARD OF CARE a. The Contractor shall exercise reasonable care and diligence in performing the Work in accordance with the highest generally accepted standards of this type of Contractor practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Contractor is solely responsible for the professional quality,accuracy and timely completion and/or submission of all work. b. The Contractor shall not load or permit any part of the Work to be loaded with a weight that will endanger its safety, intended performance or configuration. c. 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 the Owner. d. Contractor is an independent contractor of Owner. Any and all employees of the Contractor engaged by the Contractor in the performance of any work or services required of the Contractor under this Agreement, shall be considered employees or agents of the Contractor only and not of the Owner, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Contractor. e. Contractor agrees that Contractor, its employees, agents and its subcontractors, if any, shall be required to comply with all federal, state and local anti-discrimination laws, regulations and policies that relate to the performance of Contractor's services under this Agreement. f. If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Contractor represents that it and/or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications,or credentials are current,active,and not in a state of suspension or revocation. 4, PAYMENT&TAXES a. The Owner hereby agrees to pay to the Contractor for the faithful performance of this Agreement, and the Contractor hereby agrees to perform all of the Work for a sum not-to-exceed Fifty Five Thousand Three Hundred Fifty Eight Dollars ($55,358). Not later than the fifth (5th) day of each calendar month the Contractor shall submit to the Owner a Request for Payment for work done during the previous calendar month. The Request for Payment shall be in the form of a standardized invoice or AIA Document G702 and shall show substantially the value of the work done during the previous calendar month. This amount may be paid by the Owner on or before the last business day of the month. Final payment shall not be due to the Contractor until thirty (30) days after all work, including punch list work, has been satisfactorily completed. b. Should Owner reasonably determine that Contractor has failed to perform the Work related to a Request for Payment, Owner, at its discretion may provide the Contractor seven (7) days to cure the breach. Owner may withhold the accompanying payment without penalty until such time as Contractor cures the breach. Should Contractor or its representatives fail to cure the breach within seven (7) days, or fail to reasonably agree to such modified schedule, Owner may immediately terminate this Agreement in writing, without penalty or incurring further obligation to Contractor. This section shall not be interpreted to limit the definition of breach to the failure to perform the Work related to a Request for Payment. c. The Contractor has included in the Contract Price and shall pay all taxes assessed by any authority on the Work or the labor and materials used therein. It shall be the Contractor's responsibility to Revised October 2011 2 t furnish the Owner documentary evidence showing the materials used and sales and use tax paid by the Contractor and each of its subcontractors. 5. INSURANCE a. Minimum requirements — The Contractor shall obtain, at its sole expense, all insurance required under this Agreement and the Contractor shall not commence work until such insurance is in force nor shall the Contractor allow any Subcontractor to commence work on its subcontract until all insurance required to be procured by Subcontractors hereunder has been so obtained by or for the Subcontractor. All required insurance shall be procured from insurance companies licensed to do business in North Carolina with a Best's Insurance Guide Rating of A- or better. Coverage for the following types of insurance shall be maintained continuously during the life of the Project until Final Completion of the Work. Coverages shall be maintained continuously during the life of the Project until Final Completion of the Work for the following types of insurance in the amounts listed: i. Worker's Compensation Insurance with limits for Coverage A Statutory - State of North Carolina and Coverage B Employers Liability $500,000 each accident and policy limit and disease each employee. ii. Comprehensive General Liability and Property Damage Insurance ($500,000 Each Occurrence; $1,000,000 Aggregate). iii. Contractual Liability (Bodily Injury and Property Damage $500,000 Each Occurrence; Property Damage $1,000,000 Aggregate). iv. Personal Injury,with Employment Exclusion deleted($1,000,000 Aggregate). v. Comprehensive Automobile Liability Insurance (Bodily Injury $100,000 Each Person/Each Accident, $300,000 Each Occurrence; Property Damage $100,000 Each Occurrence). b. Additional Insured — The Owner shall be named as additional insured on all forms of insurance except Worker's Compensation. Each certificate of insurance and policy required hereunder, except the worker's compensation policy, shall bear the provision that "The policy cannot be canceled or reduced in amount and that coverage cannot be eliminated in less than thirty (30) days after mailing written notice to the Owner of such alteration, cancellation, or elimination,the written notice to be sent by Certified Mail. c. Performance Bonds — Contractor shall furnish bonds covering the faithful performance of the Contract and payment of all obligations arising under any of the Contract Documents or related in any way to the Work. Contractor shall immediately furnish a copy of such bonds to any requesting person who appears to be a potential beneficiary of bonds covering payment obligations arising under any of the Contract Documents. This subsection 6(c) applies only to Contracts of fifty thousand dollars($50,000.00)or more where the total cost for the project is three hundred thousand dollars($300,000.00)or more. 6. INDEMNITY a. The Contractor shall indemnify and hold harmless to the extent permitted by law the Owner and its agents and employees from and against any and all claims, damages, losses and expenses, including attorney's fees, arising out of or resulting from the performance or nonperformance of the Work, provided that any such claim, damages, loss or expense (A) is attributable to bodily injury, sickness, disease or death or injury to, or destruction of, property, including the loss of use resulting therefrom; and (B) is caused in whole or in part by any breach of any provision of the Agreement or by any negligent or wrongful act or omission of the Contractor, any Subcontractor, Revised October 2011 3 or supplier of the Contractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The indemnification obligation under this paragraph shall not be limited in any way by any limitation of the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' compensation acts, disability benefits acts or other employee benefit acts. b. The Contractor shall indemnify and hold harmless Owner from any lien of whatever type through the purchase of appropriate bonds and insurance as designated in Section 5 above. In the event any such lien is filed against Owner's property Contractor shall, through such bonds and insurance or at Contractors expense,defend Owner against all such claims of lien. c. Upon completion of the Work the Contractor shall execute an affidavit stating there are no unpaid debts for any work that has been done or materials that have been furnished to the Project prior to and as of the date of substantial completion and further stating that Contractor shall indemnify, save and protect Owner and Owner's lender, if any, harmless from and against any and all claims, 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 such debts and liens in a form and substance mutually acceptable to Owner and Contractor. d. By executing this Agreement Contractor agrees to abide by and be bound by the indemnification provisions herein and of Section 6(c)specifically. 7. GOVERNING LAW The laws of the State of North Carolina shall apply to the interpretation and enforcement of this Agreement. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or nonperformance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina and it is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. 8. NON—ASSIGNMENT The Contractor shall not assign any portion of this Agreement nor subcontract the Work in its entirety without the prior written consent of the Owner. 9. 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. 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. 10. NOTICES Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Owner: Contractor: Orange County W.L. Bishop Construction, Inc. Revised October 2011 4 Attn: Jeff Thompson 2221 Leah Drive P.O. Box 8181 Hillsborough,NC 27278 Hillsborough,NC 27278 11. TERMINATION The Owner may, without cause, order the Contractor to terminate, suspend,delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. In the event of termination by the Owner under this Agreement,the Contractor shall be entitled to receive its reasonable and documented direct costs prior to termination, including the cost of materials purchased for the Work which purchases cannot be canceled or which material cannot reasonably be used by the Contractor on other work, and the cost of closing down the work in a safe and efficient manner. 12. ENTIRE AGREEMENT All of the documents listed, referenced or described in this Agreement, the written Notice-to-Proceed, together with Modifications made or issued in accordance herewith are the Contract Documents, and the work, labor, materials and completed construction required by the Contract Documents and all parts thereof is the Work. The Contract Documents constitute the entire agreement between Owner and Contractor. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. If any provision of the Agreement shall be declared invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and date first above written in a number of counterparts, each of which shall, without proof or accounting for other counterparts, be deemed an original contract. ORANGE COUNTY CONTRACTOR Signature ignature Frank W. Clifton,Ma ger Printed Name na d Title This instrument has been approved as to tec co ent. 01411t, �' �(. Jeff Thompson, or, Department Dir t This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. `"Z- � At--- Office of the Finance Director T=ihas been approved as to legal form and sufficiency. Office of t e ounty Attorney Revised October 2011 5 COUNTY OF ORANGE FINANCIAL SERVICES-PURCHASING PO BOX 8181 HILLSBOROUGH, NORTH CAROLINA 27278 ORANGE COUNTY BID NO. 1662 October 12, 2012 ATTENTION: INTERESTED VENDORS Orange County requests your competitive quotation to furnish the item(s) listed below for the Orange County Asset Management Department, Hillsborough, NC. Please transmit this quotation via facsimile or deliver by hand or U.S. Mail, to the Orange County Purchasing Agent-fax#(919)636-4913(NEW!!) , 200 South Cameron Street, Hillsborough, NC 27278 by October 24, 2012 at 3:00 PM ITEM QTY COMMODITIES/GOODS OR SERVICES TOTAL COST LUMP SUM COST FOR STORMWATER REPAIRS TO 129 EAST 1 1 KING STREET, HILLSBOROUGH, NC PER ATTACHED SPECS $ $S, 3 •`P AND DRAWINGS Please confirm receipt of addendum Addendum#1 _ Addendum#2 �^ Addendum#3 /• Will any people working on this job make less than $10.33 per hour YES NO If yes, the lowest hourly wage to be paid any employee shall be: $ /HOUR TIME IS OF THE ESSENCE AND MAY BE CONSIDERED WHEN MAKING AWARD! PLEASE STATE START DATE IF YOU ARE AWARDED THE JOB t 1-\-Vz- 40o e ss-n„ ') PLEASE STATE THE NUMBER OF DAYS TO COMPLETE THE WORK - 30 DAYS PLEASE SEE ATTACHED INSTRUCTIONS TO BIDDERS License NC- S'�y'� I FIRM NAME T3is4,o owe BY roposal must be signed in writing) ADDRESS 72-2 1` t- �` �� FAX: �� ^l32"30�1� =•��S�ra�x,�. N L TELEPHONE: "i °*\ 3 W �+��t�[►OY? w �U' tvy EMAIL: e.s�r�� @_ cla Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid State of North Carolina AFFIDAVIT A-Listing of Good Faith Efforts County of 4 droa- ' b � (Name of Bidder) Affidavit of W- i-►•�k`�t►�,o C- a zcvc .dat I have made a good faith effort to comply under the following areas checked: Bidders must earn at least 50 points from the good faith efforts listed for their bid to be considered responsive. (1 NC Administrative Code 30 1.0101) --(10 pts)Contacted minority businesses that reasonably could have been expected to submit a quote and that were known to the contractor,or available on State or local government maintained lists,at least 10 days before the bid date and notified them of the nature and scope of the work to be performed. --(10 pts)Made the construction plans,specifications and requirements available for review by prospective minority businesses,or providing these documents to them at least 10 days before the bids are due. ❑ 3—(15 pts)Broken down or combined elements of work into economically feasible units to facilitate minority participation. ❑ 4—(10 pts)Worked with minority trade,community,or contractor organizations Identified by the Office of Historically Underutilized Businesses and included in the bid documents that provide assistance In recruitment of minority businesses. 5—(10 pts)Attended prebid meetings scheduled by the public owner. ❑ 6—(20 pts)Provided assistance in getting required bonding or Insurance or provided alternatives to bonding or insurance for subcontractors. ❑ 7—(15 pts)Negotiated in good faith with interested minority businesses and did not reject them as unqualified without sound reasons based on their capabilities. Any rejection of a minority business based on lack of qualification should have the reasons documented in writing. ❑ 8—(25 pts)Provided assistance to an otherwise qualified minority business in need of equipment,loan capital, lines of credit,or joint pay agreements to secure loans,supplies,or letters of credit, Including waiving credit that Is ordinarily required. Assisted minority businesses in obtaining the same unit pricing with the bidder's suppliers in order to help minority businesses in establishing credit. ❑ 9—(20 pts)Negotiated joint venture and partnership arrangements with minority businesses in order to increase opportunities for minority business participation on a public construction or repair project when possible. 0-(20 pts)Provided quick pay agreements and policies to enable minority contractors and suppliers to meet cash-flow demands. The undersigned,if apparent low bidder,will enter into a formal agreement with the firms listed in the Identification of Minority Business Participation schedule conditional upon scope of contract to be executed with the Owner. Substitution of contractors must be in accordance with GS143-128.2(d) Failure to abide by this,statutory provision will constitute a breach of the contract. The undersigned hereby certifies that he or she has read the terms of the minority business commitment and is authorized to bind the bidder to the commitment herein set forth. Date:A9 Z�j—IZ Name of Authorized Officer: IiII$,If � Signature: ,': Title: �4 iy© ;r ;_ cot State nrNn-«,. ~,;~a,of Hl County of Utc-�+ti"yt m, day�s 2Qxp co~' Subscribed and sworn to before me this Z�l day of Oa* 20%1- i C G Notary Public SA*.6N& �ati►►a,a.«.` �.»�'� F�Q� My commission expires ) `S, �o 5 o ms2b 2-Revised March,2005 Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bld Attach to Bid Attach to Bid Attach to Bid Identification of Minority Business Participation (Name of Bidder) do hereby certify that on this project,we will use the following minority business enterprises as construction subcontractors,vendors, suppliers or providers of professional services. Firm Name,Address and Phone# Work type Winority Category X27 U s �•✓ G 't( N'4- ?3v 06as " *Minority categories:Black,African American(B),Hispanic(H),Asian American(A)American Indian(1), Female(F)Socially and Economically Disadvantaged(D) The total value of minority business contracting will be ($) 3�)0b°- o* MBForms 2002-Revised March.2005