HomeMy WebLinkAbout2013-440 AMS - Owens Roofing, Inc. for Roof Replacement F Gordon Battle Courtroom $129,592 All
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[Departmental Use Only]
TITLE Roof Replacement
FY 2014
NORTH CAROLINA
CONSTRUCTION AGREEMENT UNDER$1,000,000.00
ORANGE COUNTY
THIS CONSTRUCTION AGREEMENT(hereinafter called "Agreement"), made as of the 14th day of
October, 2013, by and between Owens Roofing, INc., (hereinafter called the "Contractor"), and Orange
County, a body 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. CONTRACT DOCUMENTS;PRIORITY
The Contract Documents consist of this Agreement, the Request for Proposals, Proposal,
Construction Drawings and Written Specifications. The Contract Documents form the Contract and are fully
incorporated herein. In the event of any inconsistency between or among the Contract Documents the
Contract Documents shall be interpreted in the following order of priority:
a. This Agreement.
b. Designer Approved Bulletins and/or Field Orders.
c. Request for Proposals and addenda thereto.
d. Proposal.
2. SCOPE OF WORIC
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 made a part
hereof as if fully contained herein:
a. Construction Drawings prepared by (Bid #1671 - see Bid Analysis Form (Sheet 2 & 3 dated
Dated September 19,2013)
b. Written specifications prepared by the project engineer.
c. Roof Replacement proposal dated September 19, 2013 which fully describes the work to be
performed,such work(hereinafter called the"Work").
d. Related documents listed under Section 1 above.
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3. TERM AND SCHEDULING
a. The Contractor agrees to commence work pursuant to the written Notice-to Proceed.
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b, The Contractor agrees to complete substantially all Work included by December,2013.
c. Time is of the essence with respect to all dates specified in the Contract Documents as
Completion Dates.
d, 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.
e. 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.
f. Should the Owner determine that the Contractor is behind schedule Owner may require, at no
additional cost to the Owner, 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.
4. 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.
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e. Contractor agrees that Contractor, its employees,agents and its subcontractors, if any, shall be
required to comply with all federal, state and local antidiscrimination 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
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credentials and that such licenses certifications, or credentials are current, active, and not in a
state of suspension or revocation.
5. 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 One Hundred Twenty-Nine Thousand, Five Hundred and Ninety-Two Dollars Dollars
($129,592). Not later than the fifth (5th) day of each calendar month the Contractor shall f
submit to the Owner's Representative, generally the architect if an architect is retained on the
Work, a Request for Payment for work done during the previous calendar month.
i. The Request for Payment shall be in form of a standardized invoice or AIA Document
G702-703 appropriately addressed to Owner's Representative at 9601 Baileywick
Road, Raleigh,NC 27615 and shall show substantially the value of work done during
the previous calendar month.
ii. The amount due for payment shall be ninety-five percent (95%) of the value of work
completed since the last Request for Payment and this amount shall be paid by the
Owner on or before the last business day of the month. Owner shall retain five percent
(5%)•
1. Upon Owner's Representative's certification that ninety percent (90%) of the
Work has been satisfactorily completed retainage may be discontinued.
Retainage may be discontinued, at Owner's Discretion, so long as work
continues to be completed satisfactorily and on schedule. '
iii. Final payment shall not be due to the Contractor until thirty(30) days after one hundred s
percent (100%) of the Work, including punch list work, has been satisfactorily
completed and an appropriate affidavit as required in Section 7(c) below has been
received by Owner.
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 ten (10) days to
cure the breach. Owner may withhold the accompanying payment without penalty until such
time as Contractor cures the breach.
L Should Contractor or its representatives fail to cure the breach within ten (10) 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. I
ii. 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 furnish the Owner documentary evidence showing the materials used and
sales and use tax paid by the Contractor and each of its subcontractors.
6. INSURANCE AND BONDS
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 and evidence thereof submitted to Owner. 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
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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.
7. 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, 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.
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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 6 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. Such indemnification shall be in a form and substance
acceptable to Owner.
d. By executing this Agreement Contractor agrees to abide by and be bound by the
indemnification provisions herein and of Section 7(c)specifically.
8. DISPUTE RESOLUTION AND GOVERNING LAW
a. Owner and Contractor agree that should a dispute arise as to the terms of the Contract
Documents the architect shall serve as the initial decision-maker, unless there is no architect
retrained on the project related to the Work. Owner and Contractor further agree as follows:
i. If there is no architect retained for the Work, Owner and Contractor agree, prior to the
initiation of any civil litigation,to submit to mediation by agreeing on an individual to
serve as mediator to mediate the dispute.
ii. Should the Owner and Contractor fail to mutually agree on an individual to serve as
mediator Owner may select a mediator to mediate the dispute.
iii. Any mediator selected under this section shall be an attorney licensed to practice law in
the State of North Carolina and shall be generally recognized as having experience in
mediating construction disputes.
iv. Owner and Contractor agree to equally share in the cost of a mediator selected under
this section.
b. 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 or the Contract
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.
c. Notice of any claim by Owner or Contractor must be initiated by written notice to the other
Party within thirty (30) days of the occurrence of the event giving rise to the claim or within
thirty(30) days of the discovery of the event or condition giving rise to the claim,whichever is
later.
i. Should any claim be made, regardless of whether such claim is made by Owner or
Contractor, Contractor shall continue to faithfully and diligently perform the Work in
such a manner as to meet all scheduled timelines. Any failure to faithfully and
diligently perform the Work may be deemed,by the Owner,a breach of the Contract.
ii. If a claim is made such claim shall be made to the initial decision maker, if applicable,
who may request more supporting data, reject the claim in whole or in part, approve
the claim in whole or in part or advise the parties the claim is unable to be resolved.
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iii. If a claim is made by the Owner the Owner may, but is not obligated to, notify the
surety.
9. NON—APPROPRIATION
a. 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.
b. 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.
c. 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 Owens Roofing,Inc.
Attn: Jeffrey Thompson
P.O.Box 8181 & cicx3� 1i
Hillsborough,NC 27278 301 W. Cabarrus St.
Raleigh, NC 27601
11. MISCELLANEOUS 919-821-0082
a. Duties and Obligations imposed by the Contract Documents shall be in addition to any Duties
and Obligations imposed by state,federal or local law,rules, regulations and ordinances.
b. No act or failure to act by the Owner or Contractor shall constitute a waiver of any right or
duty granted them under the Contract Documents, nor shall any act or failure to act constitute
any approval except as specifically agreed in writing.
c. The Work shall be tested and inspected as required by the Contract Documents and as required
by law. Unless prohibited by law the costs of all such tests and inspections related to state and
federal codes such as ADA, Administrative, Electrical, Plumbing, Mechanical and Building
Codes shall be borne by the Contractor. The costs for material and structural testing shall be
conducted by an independent third party at the expense of the Owner. Delays related to any of
the aforementioned tests and inspections shall not be grounds for delaying the completion of
the work. If any such tests and inspections reveal deficiencies in the Work such that the Work
does not comply with terms or requirements of the Contract Documents and/or the
requirements of any code or law the Contractor is solely responsible for the cost of bringing
such deficiencies into compliance with the terms of the Contract Documents and/or any code
or law.
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d. Should the Architect, if an architect is retained for the project involving the Work, or Owner
reject any portion of the Work for failing to comply with the Contract Documents Contractor
shall immediately, at Contractor's expense, correct the Work. Any such rejection may be
made before or after substantial completion. If applicable, any additional expense borne by the
Architect under this section shall be paid at Contractor's expense.
e. 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.
12. CONSEQUENTIAL AND LIQUIDATED DAMAGES
a. Owner and Contractor mutually waive any claim against each other for consequential damages.
Consequential Damages include:
i. Damages incurred by Owner for loss of use, income,financing, or business.
mow.
Vd ges-,.incurred by Contractor for office expenses, including personnel, loss of
financing, profit, income, business, damage to reputation, or any other non-direct
damages.
I iqt dat4rd,446jes shall b�in accord with the Contract Documents.
13. TERMINATIO1v OiI`SUSPEON
a.', The Owner may, withouI,cause, order the Contractor to terminate, suspend, delay or interrupt
``tli�Work in whole or in part for such period of time as the Owner may determine. In the event
of terminati m Ahe 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.
i. If Owner orders a delay, suspension or interruption of the Work, and such order is not
due to or as a result of any fault on the part of the Contractor, the Contractor may
recover a per diem amount at a rate calculated by
ii. If Contractor elects to accept the amount listed in the General Conditions provision of
the Construction Documents Contractor waives any right to further claims for payment
of damages sustained as a result of Owner's order to delay, suspend or interrupt the
Work.
b. Contractor may terminate the Contract if,at the Owner's written direction,the Work is stopped
for thirty (30) consecutive days through no act or fault of the Contractor, their agents or
employees, or a subcontractor or their agents or employees or any other person performing
work pursuant to the Contract Documents. Contractor may terminate the Contract if a Court or
other Public authority having jurisdiction enters a lawful order that requires all work to be
stopped and such stoppage lasts for thirty(30)consecutive days.
14. 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
Revised November 2011 7
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.
ORANG C U CONTRACTOR
Si a u e Signature
Bert Owens, President
Printed Name and Titl t�-� ROQ��
Attest:
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Donna Baker, Clerk to the Board CORPORATE
This instrument has been approved as to technical content. SEAL
d&trn7 'r (
Jeffrey ompson, Department Director NORTH cP� i
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 i str anent h b6"proved as to legal form and sufficiency.
ice of the County Attorney
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Revised November 2011 8
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Technical Specifications
f
Roof Replacement
Court Street Annex
and
Battle Court
Hillsborough, NC
Orange County Bid 41671
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DUIL DINq DIa(�1106TIC6 C0116ULTANT6
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9601 Baileywick Rd • Raleigh, NC 27615 ww.5thwallbdc.ccm
919/616-4715
NOTICE TO BIDDERS
Roof Replacement
Court Street Annex
and
Battle Court
Hillsborough, NC North Carolina
Bid number 1671
FOR ORANGE COUNTY, N.C.
Sealed proposals will be received by the Office of the Purchasing Agent of the Financial Services
Department, PO Box 8181 (USPS) 200 S Cameron Street Hillsborough,North Carolina 27278, until 2:00
P.M. on September 19, 2013 for Roof Replacement of the Court Street Annex and Battle Court,
Hillsborough..This bid is in within the informal bid limits,therefore there will be no formal bid opening.
Plans and specifications can be downloaded from the County's website at
www.co.orange.nc.us/puchasinq under Current Bids or by calling the 919-245-2651.
A Mandatory Pre-Bid Conference will be held at the Orange County WCOB Room 302, 131 W
Margaret Lane, Hillsborough at 10:A.M. on Thursday, the 5 th day of September 2013.Attendance at
this Pre-Bid Conference is mandatory.
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The successful bidder shall comply fully with the requirements of General Statutes, Section 143-131,as
amended. By placing the bid,the Bidder agrees to allow Orange County to negotiate reasonable
reductions in price with the low bidder if the low bid exceeds the project budget.
After the award of the Contract,a Pre-Construction Conference will be held at a place and time
established by the Engineer.
All contractors are hereby notified that they must have proper license under the State laws governing their
respective trades.
Contractors are notified that Chapter 87, Article 1, General Statutes of North Carolina, will be observed in
receiving and awarding contracts. Contractors submitting bids on this project must have license
classification "S-Roofing".
Orange County reserves the right to reject any and all Bids and to waive minor irregularities
David Cannell
Purchasing Agent
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INSTRUCTIONS TO BIDDERS
For a Proposal to be considered,it must be made in accordance with the following instructions:
1. PROPOSALS
Proposals must be made in strict accordance with the"Form of Proposals"provided therefore,and all
blank spaces for Bids, Alternates and Unit Prices shall be properly filled in. When requested
Alternates are not bid,the Proposals may be considered incomplete. The Bidders agree that Bids on
Forms of Proposals detached from specifications will be considered and will have the same force and
effect as if attached hereto. Numbers shall be stated both in writing and in figures for Base Bids and
any Alternates.
Any Modification to the Form of Proposal(including Alternates and/or Unit Prices) may disqualify
the Bid and may cause the Bid to be rejected.
The Contractor shall fill in the Form of Proposal as follows:
A. If the documents are executed by a sole Owner, that fact shall be evidenced by the word
"Owner"appearing after the name of the person.
B. If the documents are executed by a Partnership,that fact shall be evidenced by the work"Co-
Partner"appearing after the name of the partner executing them.
C. If the documents are executed on the part of a Corporation, they shall be executed by either
the President or the Vice-President and attested by the Secretary or Assistant Secretary in
either case, and the title of the office of such person shall appear after their signatures. The
seal of the Corporation shall be impressed on each signature page of the documents.
D. If the Proposal is made by a Joint Venture, it shall be executed by each member of the Joint
Venture in the above form for sole Owner, Partnership, or Corporation, whichever form is
applicable.
E. All signatures shall be properly witnessed.
F. Proposal shall be addressed as indicated and shall be delivered enclosed in an opaque sealed
enveloped, marked "Proposal" and bearing the name of Project, name and address of the
Bidder,the Bidders's license number and,if applicable,the designated portion of the Work for
which Bid is submitted.
G. It shall be the specific responsibility of the Bidder to deliver this Bid to the proper official at
the appointed place and prior to the announced time for the opening of Bids. Late delivery of
a Bid for any reason,including delivery by the United States Mail,shall disqualify the Bid.
H. Modifications of previously deposited Bids will be acceptable only if delivered in writing to
the place of the Bid opening prior to the time for opening Bids.
I. Unit prices quoted in the Proposal shall include overhead and profit and shall be the fill
compensation for the Contractor's cost involved in the work.
2. EXANHNATION OF CONDITIONS j
It is understood and mutually agreed that by submitting a Bid the contractor acknowledges that it has t
carefully examined the Bidding Documents pertaining to the work, the location, accessibility and
general character of the site of the work and all existing buildings and structures within and adjacent I�
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to the site;and has satisfied itself as to the nature of the work,the condition of existing buildings and
structures,the conformation of the ground,the character, quality and quantity of the materials to be
encountered; the character of the equipment, machinery, plant and any other facilities needed
preliminary to and during execution of the work, the general and local conditions; the construction
hazards; and all other matters, including but not limited to,the labor situation which can in any way
affect the work under the Contract; and including all safety measures required by the Occupational
Safety Health Act of 1970 and all rules and regulations issued pursuant thereto. It is fiuther mutually
agreed that by submitting a proposal, the Contractor understands the feasibility and meaning of the i
plans, drawings, specifications, and other Contract Documents for the construction of the Work and
that it accepts all the terms, conditions and stipulations contained therein; and that it is prepared to
work in cooperation with the other Contractors performing work on the site.
3. ADDENDA
Any addenda to specifications issued during the time of Bidding will be sent to each Bidder, return
receipt requested and are to be considered covered in the Proposal and in closing a Contract they will
become part thereof. It shall be the Contractor's responsibility to ascertain prior to Bid time the
issuance of any Addenda and see that its Bid includes any changes thereby required.
Should the Bidder find discrepancies in,or omissions from,these drawings or documents or should it
be in doubt as to their meaning,it shall at once notify the Designer,who may send written instruction
in the form of Addenda to all Bidders. Notification shall not be later than three(3) days from the
date set for receipt of Bids. Neither the Owner nor the Designer shall be responsible for any oral
instructions.
All Addenda shall be acknowledged by the Bidders (s) on the Proposal form. Failure to do so may
disqualify the Bid and may cause the Bid to be rejected.
4. RECEIPT OF BIDS
All copies of the Bid,the Bid security,if any,and any other documents required to be submitted with
the Bid shall be enclosed in a sealed opaque envelope. The envelope shall be addressed to the party
receiving the Bids and should be identified with the Project name;Bid Number;time and date of Bid
Opening;the Bidder's name and address;Bidder's license number and, if applicable, the designated
portion of the Work for which the Bid is submitted. If the Bid is sent by mail, the sealed envelope
shall be enclosed in a separate mailing envelope with the notation'SEALED BID ENCLOSED" on
the face thereof.
5. OPENING OF BIDS
Bids shall be opened in private. Once any bid is opened, there shall not be any withdrawal of any
Bidder and no Bids may be returned by the Owner to any Bidder. u
A Bidder may withdraw its formal Bid after the bids are opened without forfeiting its Bid deposit in
certain limited circumstances. Withdrawal after opening is permitted only if all of the following
conditions are met:
A. The Bid was submitted in good faith.
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B. The price Bid"was based upon a mistake,wlvch constituted a substantial error".
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C. Credible evidence is submitted showing that the error(a)was clerical in nature as opposed to a
judgment error, and (b) was actually due to an unintentional and substantial arithmetic
omission of a substantial quality of work, labor, material or services made directly in the
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compilation of the Bid.
D. The error can be clearly shown by objective evidence drawn from inspection of the original
work papers,documents or materials used in the preparation of the Bid.
E. The request to withdraw(a)is made in writing to the Owner and(b)is made prior to the award
of the Contract,but not later than seventy-two(72)hours after the opening of Bids.
The Owner reserves the right to reject any and all Bids,to waive all technicalities and irregularities,
and to make the award as considered in the best interest of the Owner. Reasons for rejection may
include,but shall not be limited to,the following:
A. If the form of Proposal furnished to the Bidder is not used or is altered.
B. If the Bidder fails to insert a price for all Bid Items,Alternatives and Unit Prices requested.
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C. If the Bidder adds any provisions reserving the right to accept or reject any award.
D. If there are unauthorized additions or conditional Bids,or irregularities of any kind which tend
to make the Proposal incomplete,indefinite,or ambiguous as to its meaning.
E. If the Bidder fails to complete the Proposal forms where information is requested so the Bid
may be properly evaluated by the Owner. t
F. If the Unit Prices contained in the Bid Schedule are unacceptable to the Owner. i
G. If the Bidder fails to comply with other instructions stated herein.
6. PRE-QUALIFICATION
The Owner may require the Contractor to qualify itself to be a responsible Bidder by furnishing any
or all of the following information. Such information shall be furnished prior to attendance at the
Pre-Bid Conference:
A. The latest financial statement showing assets and liabilities of the company or other
information satisfactory to the Owner.
B. A listing of similar completed Projects of similar size.
C. Permanent name and address of place of business. Contractor must be able to show a
minimum of 3 years in business under current name performing work of similar scope.
D. The number of regular employees of the organization and length of time the organization has
been in business under present name.
a) Qualifications of key employees assigned to this Project.
E. The name and home office address of the Surety proposed and the name and address of the
responsible local claim agent.
F. The names of members of the firm who hold appropriate trade licenses,together with license
numbers.
Failure or refusal to furnish any of the above information shall constitute a basis for disqualification
of any Bidder.
Page 3 of 4
Bids will be accepted only from bidders who have been pre-qualified in accordance with the
requirements set forth in the specifications.
7. PERFORMANCE BOND-NOT REQUIRED
The successful Bidder,upon award of Contract,shall furnish a Performance Bond in an amount equal
to one hundred percent(100%)of the Contract price.
8. PAYMENT BOND-NOT REQUIRED
i
The successful Bidder,upon award of Contract,shall furnish a Payment Bond in an amount equal to
one hundred percent(100%)of the Contract price.
9. PRE-BID CONFERENCE
i
I
A Pre-Bid Conference will be held on September 5,2013 at 10:00 am. at the Orange County WCOB
Room 302, 131 W Margaret Lane, Hillsborough,North Carolina. Attendance is Mandatory
11. INFORMATION TO BIDDERS
All questions concerning the plans and specifications should be directed to the Designer.
SthWall Building Diagnostics Consultants
9601 Baileyivicic Rd.
Raleigh,North Carolina 27615
919/616-4715
End of Instructions to Bidders
Page 4 of 4
l3UfLr�lh��17�ru;rlv.�lc:•5 GvrJouLTaf�•p
September 20,2013
David Cannell iff
Office of the Purchasing Agent of the Financial Services Department f
PO Box 8181 (USPS)
200 S Cameron Street s
Hillsborough,North Carolina 27278,
3
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Y
RE: Roof Replacement
Battle Court and Court Street Annex
Hillsborough,North Carolina '•J
5thWall Job No. 12-58
i
Dear Nlr. Cannell:
Bids for the referenced project were received September 19, 2013 fi•om five contractors as listed below.
Bids are summarized on the attached Analysis.
Contractor Total Bid
Owens Roofing,Inc $129,592
Raleigh,NC
Hamlin Roofing Company $147,616
Garner,NC
Baker Roofing Company $150,210
Raleigh,NC
BIRS $180,044 j
Greensboro,NC
CFE,Inc $180,373 f
Apex,NC
We have reviewed bids and have the following comments.
Owens Roofing,Inc
• License number not noted.
• E-Verification form not included with the proposal. Owens Roofing was contacted by David Cannell
via email regarding the missing form and requested that the form be submitted via email. Owens
Roofing submitted the form.
9601 Baileywick Rd•Raleigh, NC 27615 www.5thwallbdc.com
919/616-4715
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Roof Replacement
Battle Court and Court Street Annex
Hillsborough,North Carolina
SthWall Job No. 12-58
September 20,2013
Page 2
Hamlin Roofing Company
• License number not noted.
• Bid form included line items for replacement of metal deck and painting of metal deck. The project
does not include metal deck.
• No line item included for replacement of deteriorated wood
Baker Roofing Company
• No continent—the proposal is in order.
s
BIRS
i
• No corrunent—the proposal is in order.
CFE,Inc
i
• No comment—the proposal is in order.
With regard to the noted discrepancies, it is our opinion that all are minor in nature and should not affect
the bid process or award of contract. License numbers can be provided prior to award of contract.
Based upon our review, it appears that Owens Roofing,Inc has submitted the lowest responsive bid. It is
our recommendation that the project proceed and that contract award be made accordingly.
Please advise of your concurrence with our reconunendation at your earliest opportunity. We will advise
the contractor accordingly. Should you have any questions please contact our office at your convenience.
Sincerely,
SthWall
Building Diagnostics Consultants
Jeffrey L.Spady,RRC
enc
i
i
9601 Baileywick Rd Raleigh, NC 27615 www.5thwallbdc.com
919/616-4715
OWENS-1 OP ID:TL
CERTIFICATE OF LIABILITY INSURANCE
DATE
10/07/2013Y)
10/07/2013
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 on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER C NTACT
Senn Dunn-Raleigh Phone:919-719-9570 NAM
HONE Tammy Coolidge FAx
4700 Falls of Neuse Rd,St 190 Fax:919-719-9571 A/c No Ext;919-791-9861 A/C No): 919-372-3716
Raleigh,NC 27609-2521 AUlilless:tcoolidge@senndunn.com
AA Benjamin T.Singleton,A
INSURERS AFFORDING COVERAGE NAIC p
INSURER A:Builders Premier Insurance Co. 13036
INSURED Owens Roofing,Inc. INSURER B:Builders Mutual Ins.Co. 10844
Owens-Hart,LLC INSURER C:
301 W.Cabarrus Street
Raleigh,NC 27601 INSURER D:
INSURER E:
INSURER 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.
INSR TYPE OF INSURANCE ADDL UB POLICY EFF POLICY EXP
LTR POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00
A X COMMERCIAL GENERAL LIABILITY PCP000244001 05/01/2013 05/0112014 PREMISES Ea occurrence $ 100,00
CLAIMS-MADE Fx_1 OCCUR MED EXP(Any one person) $ 5,00
PERSONAL&ADV INJURY $ 1,000,00
GENERAL AGGREGATE $ 2,000,00
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,00
POLICY X PRO LOC $
AUTOMOBILE LIABILITY EOMaBI ED SINGLE LIMIT $ 1,000,00
A X ANY AUTO PCA000733701 05/01/2013 05101/2014 BODILY INJURY(Per person) $
ALL OWNED SCHEDULED BODILY INJURY Per accident $
AUTOS AUTOS ( )
X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $
AUTOS Per accident
X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,00
B EXCESS LIAB CLAIMS-MADE UMB002114401 05101/2013 05/01/2014 AGGREGATE $ 4,000,00
DED X RETENTION$ 1 O OOO $
WORKERS COMPENSATION X WCSTATU- I JOTH-
AND EMPLOYERS'LIABILITY YIN I TORY LIMITS I ER
B ANY PROPRIETOR/PARTNER/EXECUTIVE FN— WCP102219700 01/0112013 01/01/2014 E.L.EACH ACCIDENT $ 1,000,00
OFFICER/MEMBER EXCLUDED? NIA
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,00
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,00
A Intallation COV. PCP000244001 05/0112013 05113/2014 Job Site 1,050,00
Max Loss 3,150,00
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required)
Roof Replacement Battle Court&Court Street Annex, Hillsborough, NC
Job No. 12-58
CERTIFICATE HOLDER CANCELLATION
ORANINS
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Orange County ACCORDANCE WITH THE POLICY PROVISIONS.
PO Box 8181
Hillsborough,NC 27278 AUTHORIZED REPRESENTATIVE
-- v���
I
C 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 26(2010/05) The ACORD name and logo are registered marks of ACORD