HomeMy WebLinkAbout2013-169 AMS - Ken Moser Company Removal and Replacement of 8 storefront Aluminum & glass Enclosurers at Whitted Building $66,790 g
[Departmental Use Only]
TITLE Whitted Store Front Doors
FY 2013-2014
NORTH CAROLINA
CONSTRUCTION AGREEMENT UNDER$100,000.00
ORANGE COUNTY
THIS CONSTRUCTION AGREEMENT (hereinafter called "Agreement'), made as of the 24th day of
June, 2013, by and between Ken Moser Company, (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").
WITNES SETH:
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: .ISW 6�_(L -5
a. Construction Drawings prepared by Orange County Asset Management Services & Attached to bid
#1665 dated 12/14/2012 (Sheet set 1 of 3, 2 of 3, and 3 of 3 attached Bid #1665 dated December 14,
2012.)
b. Written specifications prepared by the project engineer.
c. Orange County bid proposal dated December 14, 2012 which fully describes the work to be
performed, such work hereinafter called the"Work".
d. Other documents as follows: Bid submission received from Ken Moser Company dated December
14, 2013..
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 August 15, 2013. Vim) 6(-2-0((3
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
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 m 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 Sixty-six
thousand, seven hundred and ninety Dollars ($66,790.00). 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
standardizes 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 dete mine 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
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 Bests 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 perforniance 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 expanse(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 them 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 lions 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.
& NON—,t SSIGNMIENT
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 Ken Moser Company
Revised October 2011 4
Attn: Wayne Fenton David Weber
P.O.Box 8181 3021-8 Stonybrook Drive
Hillsborough,NC 27278 Raleigh,NC 27604
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 descfibed 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 Signature
Frank W.Clifton,M "ager
Printed Name and Title
This ins ent has been approved as to technical content.
Jeff T ho s n, t Director
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control
Act.
Office of the Finance Director
This instrument has been approved as to legal form and sufficiency.
-
Office the Cou Attorney
Revises.!October 2011 5
COUNTY OF ORANGE
FINANCIAL SERVICES—PURCHASING
PO BOX 8181
HILLSBOROUGH, NORTH CAROLINA 27278
ORANGE COUNTY BID NO. 1665
December 14, 2012
ATTENTION:
INTERESTED VENDORS
Orange County requests your competitive quotation to furnish the item(s)listed below for Orange County
Asset Management Services, Hillsborough, C.
A site visit is scheduled for December 20, 2012 @ 2:00 pm. We will meet at 300 West Tryon Street,
Hillsborough, NC.. This is the only scheduled time for contractors to view the site. By submitting a bid
the contractor acknowledges full comprehension of the scope of this project.
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
January 3, 2013 at 11:00 AM
ITEM LUMP SUM
CO O
MMODITIES/GODS OR SERVICES
# COST
LUMP SUM COST FOR REMOVAL AND REPLACEMENT OF EIGHT(8)
"STOREFRONT" ALUMINUM AND GLASS ENCLOSURES AT THE
WHITTED CENTER BUILDING LOCATED AT 300 WEST TRYON $ 66,790.00
STREET IN HILLSBOROUGH, PER THE ATTACHED DRAWINGS AND ALT Deduct:
SPECIFICATIONS. $2,720.00
Will any people working on this job make less than$10,33 per hour YES
NO X If yes, the lowest hourly±22t to be gaid any employee shall be: HOUR
CAN YOU START IMMEDIATELY?YES X NO_IF NO WHEN?
PLEASE STATE THE NUMBER OF DAYS TO COMPLETE THE WORK DAYS
PLEASE SEE ATTACHED INSTRUCTIONS TO 1310DERS
FIRM NAME Ken Moser Company
LICENSE# BY
(Proposal must be signed in writing)
ADDRESS 3021-8 Stonybrook Drive FAX: 919-872-1309
Raleigh,NC 27604 TELEPHONE: 919-872-5939
EMAIL: kmco@nc.rr.com
BID DOCUMENT 1665
Base Bid
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:IPR/30/2013/TUE 07:39 Im A A
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KENMO-1 OP ID: K5
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CERTIFICATE OF LIABILITY INSURANCE [ "'DA04/30/2013
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement an this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER Phone;919-556-3698 0N2ANTKcT Karen Brewer
Hartsfield&Nash PHONE
P.O.afield 1109 Fax:9`19-566-8768 A/c-m.,v,,,:919-556-3698 1(FAOt.N..):919Z58-8758
Wake Forest,NC 27588 ArMss.karengehartsfield-nash.com
Don Stroud,CIC,AAI
INSURERS)AFFORDING COVERAGE NAIC 6
INSURER A:Cincinnati Insurance Companies 10677
INSURED Ken Moser Company, Inc. wsurER e:First Benefits Insurance Co
3021.8 Stonybrook Drive INSURER C:
Raleigh,NC 27604-3783
INSURER D:
INSURER E.
tNSURFP
,F:.
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT 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,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INS R I ADDL$U5 POLIEY EfF r
LTR TYPE OF INSURANCE INSR VMnJ POLICY NUMBER (MMIDDIYYYY) MOM AID LIMITS
GENERAL LIABILITY EACH OCCURRENCE S 1,000,00(
A X COMMERCIAL GENERAL LIABILITY X EPP01 14258 1210612012 12t0612013 _041Z��t1tNTt:' 1 500,061
PREMISES Me occurrence
Fx7OCCUR MED EXP(Any one person) $ 10100(
PERSONAL&ADV INJURY $ 1,000,00(
GENERALAGGRSGATE $ 2,000,000
GIEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/017 AGG $ 2,000,000
1 1 POLICY I XIM F71LOC SINGLE LIMIT S
AUTOMOBILE LIABILITY COMBINED
ANY AUTO BODILY INJURY(Per Person) S
ALLOWNE"WNED SCHEDULED BODILY INJURY(Per accident) S
IUT08 AUTOS
NON-OWNED PROPERTY DAMAGE S
HIRED AUTOS — AUTOS (Paracciftnt)
UMBRELLA UA13 OCCUR EACH OCCURRENCE S
EXCESS LLAS HCLAIMS-MADE AGGREGATE 5
DED I I RETENTIONI S
WORKERS COMPENSATION X WC STATU- I IOTH-
AND EMPLOYERS'LIABILITY YIN I WITS 92.
ANY PROPRIETORIPARTNF-RIEXECUTIvE r--1 WC07972013 01/01/2013 01101/2014 E.L.EACH ACCIDENT $ 1,0OFFICER/MEMBER OFFICEREMBER EXCLUDED? I y I MIA
mandatory in NH) E.L.DISEASE-EA EMPLOYEE S 1,000,060
tf S,RIPTIQN PERATION$below
describe under E.L.DISEASE-POLICY LIMIT S 1,000,000
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DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,AddltlonaJ Remarks Schedule,If Mom space Is required)
Project: Orange County Office Complex (NC) Orange County Go-varnukent is
listed as an additional insured with respects to general liability. 30 days
notice for cancellation for general liability under form TA.4086.
CERTIFICATE HOLDER CANCELLATION
OFZAN131
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEt)BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE r)ELIVERED IN
Orange County Government ACCORDANCE WITH THE POLICY PROVISIONS.
f-919-644-3001
131 West Margaret Lane AUTHORIZED REPRESENTATIVE
Hillsborough,NC 27278
1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25(2010106) The ACORD name and logo are registered Marks of ACORD