HomeMy WebLinkAbout2014-268 AMS - State Contracting for asphalt paving, milling and overlay at 144 E. Margaret Lane $56,280 `4 rns
[Departmental Use Only]
TITLE Asphalt Patching
FY 2014
NORTH CAROLINA
ORANGE COUNTY CONSTRUCTION AGREEMENT UNDER$250,000.00
THIS CONSTRUCTION AGREEMENT(hereinafter called "Agreement"), made as of the 6th day
of June, 2014, by and between State Contracting, (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. 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 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 made a part hereof as if fully contained herein:
a. Construction Drawings prepared by Wayne Fenton(Sheet 2 dated May 13, 2014)
b. Written specifications prepared by the project engineer.
c. State Contracting proposal dated May 13, 2014 which fully describes the work to be
performed, such work (hereinafter called the "Work").
d. Related documents listed under Section 1 above.
3. TERM AND SCHEDULING
Revised 9/13
a. The Contractor agrees to commence work pursuant to the written Notice-to Proceed.
b. The Contractor agrees to complete substantially all Work included by September 30, 2014.
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 I
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 antidiscrimination laws, regulations
and policies that relate to the performance of Contractor's services under this Agreement.
Revised 9/13 2
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.
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 Fifty Six Thousand, Two Hundred and Eighty Dollars ($56,280.00). Not later
than the fifth (5th) day of each calendar month the Contractor shall 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 131 W.
Margaret Lane, Suite 301, Hillsborough, NC 27278 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 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.
i. 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.
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— Contractor shall obtain, at its sole expense, Commercial General
Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any
Revised 9/13 3
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://orangecopD.t�c.gov/purchasing/contracts.asi)). 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.
b. 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(b) 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.
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.
Revised 9/13 4
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. Provider shall at all times
remain in compliance with all applicable local, state, and federal laws, rules, and i
regulations including but not limited to all anti-discrimination laws.
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.
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.
Revised 9113 5
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.
1
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.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.
11. 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 State Contracting
Attn: Jeffrey Thompson P.O. Box 1934
P.O. Box 8181 Wake Forest,NC 27588
Hillsborough,NC 27278 919-453-2755
12. MISCELLANEOUS
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
Revised 9/13 6
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.
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 I{
refection 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.
I
13. 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.
ii. Damages incurred by Contractor for office expenses, including personnel, loss of
financing, profit, income, business, damage to reputation, or any other non-direct
damages.
b. Liquidated damages shall be in accord with the Contract Documents.
14. TERMINATION OR SUSPENSION
a. 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.
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 N/A.
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.
Revised 9/13 7
15. 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.
[SIGNATURE PAGE TO FOLLOW]
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Revised 9/13 8
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 COU T CONTRACTOR
i
Si ature Signat re
County Manager
Printed Name and Title
This instrument has been approved as to technical content.
Jeffrey Tho pson, D partment Director
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal
Control Act.
Office of the Chief Financial Officer
This instrument ha 'been approved as to legal form and sufficiency.
Office of County Attorney
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Revised 9/13 9
Ems-I
OSTKATj�.,
coNT�cTiNG
P.O. BOX 1934
WAKE FOREST, NORTH CAROLINA 27588
www.statecontracting.net
NORTH CAROLINA HEAVY HIGHWAY& PUBLIC UTILITY LICENSE 62182
NCDOT DBE / WBE CERTIFIED
JOB NUMBER:SC140509
Customer:Orange County `'
ATTN:Wayne Fenton y — �� G
JOB:Orange County Government Complex
Date:May 13,2014
Description:Asphalt Patching, Milling and Overlay
Location:Hillsborough,North Carolina
ITEM DESCRIPTION QUANTITY I UNIT UNIT PRICE EXTENSION
1 Mobilization 1 EA $600.00 $600.00
2 2"Asphalt Patching 70 TN $190.00 $13,300.00
TOTAL $13,800.00
Lott-RED
1 Keyway Milling 1 LS $3,250.00 $3,250.00
2 1.25"SF9.5A Asphalt Overlay 1100 SY $11.05 $12,155.00
3 Stripe to Existing-Paint 1 LS $450.00 $450.00
TOTAL $15,405.00
Lott-Blue
1 Keyway Milling 1 LS $3,500.00 $3,500.00
2 4"Asphalt Patching 30 TN $200.00 $6,000.00
3 1.25"SF9.5A Asphalt Overlay 1250 SY $11.00 $13,750.00
4 Stripe to Existing-Paint 1 LS $500.00 $500.00
TOTAL $23,250.00
Lot 4-Green
1 PDC Sealcoat of Existing Lot 2150 SY $1.50 $3,225.00
2 Stripe to Existing-Paint 1 LS $500.00 $500.00
TOTAL $3,725.00
TOTAL-ALL OPT IONS $56,280,00
NOTES: 1. Price includes 1 mobilizations.All others at$1500.00 per occurrence.
2. Price excludes design,layout, rock, landscape,bonding,backfill,testing or survey
3. Pricing is based on quantities provided by field measurements
4.This is a unit price proposal. Final billings by field measurements/asphalt tickets
5. Price includes fic OPHONE(919)453-2755 f needed.
6. PF'ee base aFy 204 4 Asphalt index of$669.29and-ING-DOT Fuel index of$a.4 47-6
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A GENERAL LIABILITY S2023996 5/10/2014 05/101201 EACH OCCURRENCE $1,000,000
X COMMERCIAL GENERAL LIABILITY PREMISES EaEoccurrence $100,000
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GENERAL AGGREGATE s2,000,000
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If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000
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