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HomeMy WebLinkAbout2000 S Purchasing -Bid Award–Orange County Landfill Phase 4 Construction – Geosynthetics RETURN THIS COPY TO THE CLERK'S G 7-oQ • OFFICE FOR THE PERMANENT AGNEDA FILE SECTION 00500-AGREEMENT BETWEEN COUNTY AND CONTRACTOR THIS AGREEMENT is dated as of the 2Q`43 day of Jy►\e- in the year 2000 by and between the County of Orange, North Carolina(hereinafter called COUNTY)and Clary Hood Inc. (hereinafter called CONTRACTOR). COUNTY and CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Supply and installation of geosynthetic lining and drainage materials for the construction of Phase 4 at the Orange Regional Landfill as indicated on the plans and specifications. Article 2. ENGINEER Elements of the project have been designed by Draper Aden Associates, 8090 Villa Park Drive, Richmond, Virginia 23228. Draper Aden Associates, who is hereinafter called ENGINEER and will assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME 3.1. The Work will be substantially completed within 90 days from the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within 120 days from the date when the Contract Time commences to run. 3.2. liquidated Damages. COUNTY and CONTRACTOR recognize that time is of the essence of this Agreement and that COUNTY will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions, thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by COUNTY if the Work is not completed on time. Accordingly, instead of requiring any such proof, COUNTY and CONTRACTOR agree that the CONTRACTOR shall pay COUNTY Six Hundred Dollars ($600.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. May 23,2000 00500-1 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 COUNTY, CONTRACTOR shall pay COUNTY Six Hundred Dollars ($600.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE 4.1. COUNTY shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds as follows: Contract Price in Words Three Hundred Forty Six Thousand And No/100 Contract Price in Figures $ 346,000 Article 5. PAYMENT PROCEDURES 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. 5.1. Progress Payments. COUNTY shall make progress payments on account of the Contract Price on the basis of CONTRACTORS Applications for Payment as recommended by ENGINEER, on or about the 15th day of each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.9 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. 5.1.1. Prior to Final 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 shall determine, or COUNTY may withhold, in accordance with paragraph 14.7 of the General Conditions. 95%of Work completed. 95% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to COUNTY as provided in paragraph 14.2 of the General Conditions). 5.1.2. Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, COUNTY shall pay the remainder May 23,2000 00500-2 of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. 5.2. An'Any subcontract which provides for progress payments shall be subject to the same limitations as section 5.1. therein, Article 6. INTEREST Not Used. Article 7. CONTRACTOR'S REPRESENTATION In order to induce COUNTY to enter into this Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost,progress,performance or furnishing of the Work 7.2. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof,by ENGINEER is acceptable to CONTRACTOR. 7.3. During the performance of this contract, the CONTRACTOR agrees as follows: (a) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the CONTRACTOR. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment,notices setting forth the provisions of this nondiscrimination clause. (b) The CONTRACTOR, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, will state that such CONTRACTOR is an equal opportunity employer. (c) Notices,advertisements and solicitations placed in accordance with federal law, Pule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. (d) The CONTRACTOR will include the provisions of the foregoing paragraphs a, b and c in every subcontract so that the provisions will be binding upon each subcontractor or vendor. May 23,2000 00500-3 Article 8. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between COUNTY and CONTRACTOR concerning the Work consisting of the following, in their stated order of precedence: 8.1. This Agreement(pages 1 to 7, inclusive). 8.2. Exhibits to this Agreement (including the August 23, 2000 letter from Clary Hood, Inc. , to David Cannell, a copy of which is Exhibit A to this Agreement).4 8.3. Supplementary Conditions 8.4. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All written Amendments and other documents amending, modifying,or supplementing the Contract Documents pursuant to paragraphs 3.4 and 3.5 of the General Conditions. 8.5. Addenda numbers to inclusive. 8.6. General Conditions 8.7. Notice of Award. 8.8. Drawings bearing the following general title: Orange Regional Landfill, Phase 4 Construction. 8.9. Specifications consisting of the sections as listed in the table of contents thereof. 8.10. CONTRACTOR'S BID 8.11. Documentation submitted by CONTRACTOR prior to Notice of Award. 8.12. Performance and other Bonds identified. There are no Contract Documents other than those listed in this Article 8. Article 9. MISCELLANEOUS 9.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions. 9.2. No assignment by a party hereto of any rights under or interests in the contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, monies that may become due and monies May 23,2000 00500-4 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. 9.3. COUNTY and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representative in respect of all covenants, agreements and obligations contained in the Contract Documents. 9.4 The CONTRACTOR shall furnish the COUNTY certified statements setting for the cost of the materials purchased from each vendor and the amount of North Carolina sales and use taxes paid thereon. In the event the CONTRACTOR makes several purchases from the same vendor, such certified statement shall indicate the invoice number, the inclusive date of the invoices, the total amount of the invoices, and the North Carolina sales and use taxes paid thereon. Such statement shall also include the cost of any tangible personal property withdrawn from the CONTRACTOR'S warehouse stock and the amount of North Carolina sales or use tax paid thereon by the CONTRACTOR. The CONTRACTOR shall furnish such additional information as the commissioner of Revenue of the State of North Carolina may require to substantiate a refund claim of the COUNTY for sales or use taxes. The CONTRACTOR shall obtain and furnish to the COUNTY similar certified statements by the subcontractors. The certified statements to be furnished shall be in the form of the standard CONTRACTOR'S SALES TAX REPORT and shall be submitted with each request for payment. The COUNTY shall not make payments to the CONTRACTOR until the required CONTRACTORS Sales Tax Reports are submitted. The CONTRACTOR shall not be entitled to any portion of the refund received by the COUNTY from the State for sales and use taxes. Article 10 OTHER PROVISIONS IN WITNESS WHEREOF, COUNTY AND CONTRACTOR have signed four (4) copies of this Agreement in triplicate. One counterpart each has been delivered to COUNTY, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by COUNTY and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on U one -9 , 2000. CONTRACTOR By: Corporate Seal Title: ' Address: (Lot) rj)nu-n Ij Bar)(- Lad May 22 3,2000 00500-5 Attest BC� Title: Office Manager Address: 421 Thompson Chapel Road Spartanburg, SC 29307 Address for giving notices 160 Conway Black Road Spartanburg, SC 29307 License No. 13407 Agent for service to Process /�10� (If CONTRACTOR is a corporation, attach evidence of authority to sign) May 23,2000 00500-6 OUNTY OF ORANGE L411AIX4 Moses Carey, Jr., C air Beverly LAB F,erk This is to certify that I have examined the attached Contract Documents, other than the Detailed Specifications and Appendices thereto; that after said examination I am of the opinion that such documents conform to the Laws of the State of North Carolina and, that execution of the Contract and the Performance and payment Bonds are in due and proper form and; that the County Signators are duly authorized to execute said Contract. G TY T Y This instrument has been pre-audited in a manner required by the Local Government Budget and Fiscal Control Act. FINANCE DIRECTOR END OF SECTION May 23, 2000 00500-7 STATE OF NORTH CAROLINA ORANGE COUNTY 1, a Notary Public for said County and State, do hereby cer,9fy that Beverly A. Blythe personally appeared before me this date and acknowledged that she is the Clerk to the Board of Commissioners of Orange County, and that by authority duly given and as the act of Orange County, the foregoing instrument was signed in its name by Moses Carey Jr., Chair, sealed with its official seal, and attested by herself as its Clerk. Witness my hand and official seal, this the ,V day of 2000. Notary Public My Commission expires: --.-- OFFICIAL SEAL Notary PubYc-North Cerollna ✓�1 p��/(/ 7 ORANGE COUNTY EVELYN M.CECIL My commission Expiresyd'/---'! � STATE OFD CAROLINA COUNTY OF- id6E APR fz- ARo��W.-9 I, , a Notary Public for said County and State, do hereby certify that R personally appeared before me this day and ac0 owledged 1 that Qh0she is the 7 Reid tw' � of C IPcR.u, E}cod , Yroe . , Inc., and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal, and attested by a►ac oar--p, D as its Witness my hand and official seal this the day of -r)LkOE1 , 2000. tary Public My commission expires: a(R—II— D3 Exhibit A Clary Hood Inc. 160 Commmy Black Road SparWbUM SC 29307 August 23,2000 W.David Cannell Orange County Public Works Departzn mt 132 East King Street Hillsborough,NC 27278 Re: Ohmage Rzgional Landfill-Phase 4 Crcosynthedcs Dr.Caancll: As per your request,Clary Hood Iona cw=t NC License active nwanber is 13447. This license mnober will remain active for the duration of the c unmet which we are paforauing for the Orange County Public Works Diem. We further understand and agree that the County of Orange is acting as the general contactor on this project. Should you need additional information,please,feel f=to contact Michael Warren at (407)51&.0808 as he is our qualifying agmt for the state of Forth Carolina. Sincerely, Clary Inc_ Clary Hood President.