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HomeMy WebLinkAbout2014-115 AMS - Hillsborough Plumbing, Inc. for installation of break sink and casework at Whitted Bldg. • , . �i2 s NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$50,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement'), is made and entered into this 18th day of November, 2013 by and between Orange County, North Carolina (hereinafter the "Owner") party of the first part; and Hillsborough Plumbing, Inc. (hereinafter the "Contractor"), party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the Owner hereby contracts for the construction services of the Contractor, and the Contractor agrees to provide the construction services to the Owner in accordance with the terms of this Agreement. 1. TERM Beginning and ending dates of contract: November 18, 2013 through December 31, 2013. The Project Commencement Date shall be November 18, 2013. 2. MAXIMUM AMOUNT PAYABLE Dollar Amount Not to Exceed:Nine Thousand Eight Hundred and Five Dollars and zero cents ($9,805.00) 3. SERVICES Contractor agrees to provide the following construction services (the"Work"): as outlined in the attached proposal dated October 16, 2013: R. W. Whitted Building/300 W. Tryon Road, Hillsborough,NC: Break Sink and Casework Install Contractor shall not sub-contract all or any part of the construction services provided for in this Agreement without prior written approval of the Owner. 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 Owner. 4. PAYMENT Contractor shall submit an invoice for construction services provided. The invoice shall contain Contractor's name and federal tax identification number and shall be signed and dated by an officer of Contractor. It shall detail all construction services provided in payment requests. The Owner will make payments to Contractor within thirty (30) days after receipt of and approval of the invoice by the contracting department. In the event the amount stated on an invoice is disputed by Owner, then Owner may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. In addition, should Contractor fail to perform its duties under the terms of this Agreement, Owner may, without fault or penalty, withhold any payment associated with the Work to be performed until such time as said work is completed. 5. RELATIONSHIP OF PARTIES Revised 9/13 1 Contractor is an independent Contractor of the Owner. Contractor represents that it has or will secure, at its own expense, all personnel required in performing the construction services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the Owner. All personnel engaged in work under this Agreement shall be fully qualified and shall be authorized or permitted under state and local law to perform such construction services. It is further agreed that Contractor will obey all State and Federal statutes, rules and regulations which are applicable to provisions of the construction services called for herein. Neither Contractor nor any employee of the Contractor shall be deemed an officer, employee or agent of the Owner. 6. TERMINATION This Agreement may be terminated by Contractor upon thirty (30) days' written notice to the Owner, and the Owner may terminate this Agreement upon thirty (30) days' written notice to Contractor. This or any other written notice shall be delivered via certified mail, return receipt requested to the parties at the addresses as shown on the signature page to this Agreement. 7. INSURANCE REQUIREMENTS Contractor shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by Owner's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://orangeecogRtync.gov/purchasing/contracts.asp). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here N/A (if no additional insurance required mark N/A as being not applicable). Contractor shall not commence construction work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 8. INDEMNIFICATION Contractor agrees to defend, indemnify, save and protect Owner and Owner's lender, if any, harmless from and against any and all claims, liens, 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 negligence, act or failure to act by the Contractor, the Contractor's agents, assigns or employees related to the Work. It is the intent of this section to require Contractor to indemnify the Owner to the full extent permitted under North Carolina law. 9. NON-ASSIGNMENT Contractor shall not assign all or any part of this Agreement, including rights to payments,to any other party without the prior written consent of the Owner. 10.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. Revised 9/13 2 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. 11. E-VERIFY Pursuant to the terms of North Carolina General Statute 153A-449(b) no county may enter into a contract with a contractor unless the contractor and the contractor's subcontractors comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes Contractor's breach of this Agreement. By executing this Agreement Contractor affirms Contractor is in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 12. ENTIRE AGREEMENT The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it, together with specifically referenced documents, constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified by a written amendment to this Agreement signed by the parties. Modifications may be evidenced by telefacsimile signatures. Should any conflict arise in the terms of any documents referenced herein and this Agreement the terms of this Agreement shall be given priority and shall control over all other such documents. Should a request for proposals and a proposal be referenced the terms of the request for proposals shall have priority over the terms of the proposal. 13. COMPLIANCE WITH LAW/GOVERNING LAW Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and any action brought under this Agreement shall be brought in the General Court of Justice of the State of North Carolina in Orange County. Provider shall at all times remain in compliance with all applicable local, state, and federal laws,rules, and regulations including but not limited to all anti-discrimination laws. [SIGNATURE PAGE TO FOLLOW] Revised 9/13 3 IN WITNESS WHEREOF Orange County and the Contractor have signed this agreement, effective as of the day and date first above written. ORANG U CONTRACT By By Co ty an Hillsborough Plumbing, Inc. 200 S. Cameron St. 1020 Highway 57 N P.O. Box 8181 Hillsborough,NC 27278 Hillsborough,NC 27278 919-732-4506== This instrument has been approved as to technical content. Jeffre hompson, Department Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. CA V'4' Office of the Chief Financial Officer This inst ent s en approved as to legal form and sufficiency. Office of th County Attorney Revised 9/13 4 HILLSBOROUGH PLUM, RING CO._,.INC, 1020 Hwy. 57 N. Hillsborough,NC 27278 Proposal N.C.MASTER PLUMBERS LIC.#8461 PHONE: (919)732-4506 FAX: (919)732-5804 I October 16,2413 TO: Orange County Purchasing JOB NAME'/LOCATION: Whitted Building—Break Sink and Casework Install General Construction Scope: - Remove and repair sheetrock as required for plumbing and electrical install - Paint entire wall to match where work is being performed from corner to corner - Install 5' of upper and lower oak casework Install laminate counter top to match existing on third floor break area as close as possible. Install trim around base of new casework Electrical Scope: - Remove(1)existing duplex receptacle - Install(2) duplex receptacles on(2)new circuits from panel in hallway. One receptacle to serve refrigerator and one to be installed above new counter top for i coffee maker/microwave use Plumbing Sc pc: - Install (1)new stairl.Fss steel break sink and make all required water,waste and vent connections. - All water and waste connection to be made to existing in first floor ceiling. Notes: - All appliances furnished by o-.': i,r^ - One existing data outlet will need to be relocated by others. - All permits are included in quoted price. No plans are included. - All work performed during normal working hours - All casework to be accessible - Casework has a 3 week lead time from date of order We Propose hereby to furnish material and labor-complete in accordance with the above specifications,for the sum of: $9,805.00 Payment to be made as follows: Upon Completion_ Pricing valid 30 days from date of proposal. r. ti x I r 4, s f t d in f. F I ' iI k p p ' JA-k q� w H 4 f z I E ® DATE(MMIDDIY AC v CERTIFICATE OF LIABILITY INSURANCE 12/10/2013 13 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 CONTACT NAME: Colonial Insurance Agency Hillsborough PHONE (919)732-2191 a/c o:(919)732-2192 E- A MAIL DRES PO BOX 490 INSURER(S)AFFORDING COVERAGE NAIC# HILLSBOROUGH NC 27278 INSURER 40wners Insurance Company 2700 INSURED INSURER B: Hillsborough Plumbing Company Inc INSURERC: 1020 Nc Highway 57 INSURER D: INSURER E: Hillsborou h NC 27278-8987 INSURER F: COVERAGES CERTIFICATE NUMBER-CL1392700097 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 ADUL15UUKI POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MM/DD/YYYY MMIMIYYYY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ENTED X COMMERCIAL GENERAL LIABILITY PREMISE T R occurrence $ 300,000 A CLAIMS-MADE Fx_1 OCCUR 35256947 /14/2013 /14/2014 M ED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ 2,000,000 X POLICY PRO- LOC $ AUTOMOBILE LIABILITY COMBINED dnt SINGLE LIMIT 11000,000 Ix ANY AUTO BODILY INJURY(Per person) $ A ALLOWNED SCHEDULED 725694701 /14/2013 /14/2014 BODILYINJURY(Peraccident) $ AUTOS AUTOS $HIRED AUTOS X AUTOS EO PROPERTY rraccidentDAMAGE Uninsured/Underinsured $ 1,000,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED RETENTION$ 725694700 /14/2013 /14/2014 $ A WORKERS COMPENSATION WCs LIMIT OH- S I EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ 1 000,000 OFFICER/MEMBER EXCLUDED? 5041871 /14/2013 /14/2014 (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ 1,000,000 If yes,desaibe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$ 1,000,000 A Leased or Rented 35256947 /14/2013 /14/2014 50,000 Equipment I IS DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,N more space is required) Certificate holder is additional insured with respects to General Liability by written contract for project: R.W. Whitted Building 300 Tryon Rd Hillsborough-Break Sink and Casework Install. Waiver of Subrogation applies to Workers Compensation. CERTIFICATE HOLDER CANCELLATION 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 CARLA MOORE/CARLA � r�/�' _ i"7•��� ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. IN9025 nm onsi ni The AnnRr1 name and Inn^and rania+ara'I marka of Arnspn