Loading...
HomeMy WebLinkAbout2015-662-E Solid Waste - W.L. Bishop Construction Co. storage building construction DocuSign Envelope ID:46276B05-79E0-4089-B879-E62E97F0B2A1 [Departmental Use Only] TITLE SWM New Storage Building FY 2015-2016 NORTH CAROLINA CONSTRUCTION AGREEMENT UNDER$250,000.00 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter called "Agreement"), made as of the 14th day of December, 2015, by and between W.L. Bishop Bishop Construction Co., (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 Draper Aden Associates, Inc. (Sheet (s) contained in drawing set for New Storage Building dated October 16, 2015) b. Written specifications prepared by the project engineer. c. Solid Waste Operations Center New Storage Building proposal dated December 3, 2015 which fully describes the work to be performed, such work (hereinafter called the "Work"). d. Related documents listed under Section 1 above. Revised 10/14 1 DocuSign Envelope ID:46276B05-79E0-4089-B879-E62E97F0B2A1 3. TERM AND SCHEDULING 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 March 31, 2015. 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 caused by its employees, agents, contractors, or assigns 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 Revised 10/14 2 DocuSign Envelope ID:46276B05-79E0-4089-B879-E62E97F0B2A1 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 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 seventy-seven thousand, eight hundred, and thirty-nine Dollars ($177,839). 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 PO Box 17177, Chapel Hill, NC 27541 or in person at the Solid Waster Administration Office, 1207 Eubanks Road, Chapel Hill, NC 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. Revised 10/14 3 DocuSign Envelope ID:46276B05-79E0-4089-B879-E62E97F0B2A1 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 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://orangecountync.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. 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 Revised 10/14 4 DocuSign Envelope ID:46276B05-79E0-4089-B879-E62E97F0B2A1 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. 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. 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 Revised 10/14 5 DocuSign Envelope ID:46276B05-79E0-4089-B879-E62E97F0B2A1 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 W.L. Bishop Construction Co. Attn: Gordon Dively 2211 Leah Drive P.O. Box 8181 Hillsborough, NC 27278 Hillsborough, NC 27278 Attn: Willie Bishop 11. 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 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. Revised 10/14 6 DocuSign Envelope ID:46276B05-79E0-4089-B879-E62E97F0B2A1 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. f. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. 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. 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. 13. 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 taking the budgeted net profit and dividing it by the contract period in days. 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 Revised 10/14 7 DocuSign Envelope ID:46276B05-79E0-4089-B879-E62E97F0B2A1 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 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] Revised 10/14 8 DocuSign Envelope ID:46276B05-79E0-4089-B879-E62E97F0B2A1 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and date first above written wholly or in a number of counterparts each of which shall, without proof or accounting for other counterparts, be deemed an original contract. ORANGE COUNTY CONTRACTOR DocuSigned by: DocuSigned by: 'I ��jbin l7t It tk-am It rstui in 54 -0"os :9+®;�E+i-7 E1F84E6 Signature Signature County Manager Jerry smith Project Manager Printed Name and Title Revised 10/14 9 DocuSign Envelope ID:46276B05-79E0-4089-B879-E62E97F0B2A1 BISHOPI OP ID:SF CC:P CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) `••-� 12/11/2015 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). CONT PRODUCER NAMEACT Tara J.Smithwick First Insurance Services,Inc. P.O.Box 13687 PHONE,Ext):919-941-0549 FAX No): 919-941-0135 RTP,NC 27709 E-MAIL Tara J.Smithwick ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Selective Insurance Company 12572 INSURED WL Bishop Construction Co INSURER B:Builders Mutual Insurance Co 10844 2211 Leah Road Hillsborough, NC 27278 INSURERC: 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. IN SR TYPE OF INSURANCE I POLICY EFF POLICY EXP INSD WVD POLICY NUMBER /Y LIMITS (MM/DD YYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X S 1991921 09/04/2015 09/04/2016 DAMAGE TO RENTED PREMISES(Ea occurrence) $ 500,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 POLICY X JECT LOC PRODUCTS-COMP/OP AGG $ 3,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1 000 000 (Ea accident) , , A X ANY AUTO S 1991921 09/04/2015 09/04/2016 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X N PROPERTY DAMAGE ON-OWNED AUTOS (Per accident) X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAIMS-MADE S 1991921 09/04/2015 09/04/2016 AGGREGATE $ 5,000,000 DED X RETENTION$ 0 $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N B ANY PROPRIETOR/PARTNER/EXECUTIVE WCP1020372 EXCLUDE 09/04/2015 09/04/2016 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? Y N/A (Mandatory in NH) MIKE&WILLIAM BISHOP E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A Contractors Equip S 1991921 09/04/2015 09/04/2016 Limit 75,000 Leased/Rented Deductibl 1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Orange County is additional insured for General Liability if required by written/executed contract, before a loss. CERTIFICATE HOLDER CANCELLATION ORANGCO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE a County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Oran g ty ACCORDANCE WITH THE POLICY PROVISIONS. 131 W. Margaret Lane,Ste 301 Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE X- ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:46276B05-79E0-4089-B879-E62E97F0B2A1 FORM OF PROPOSAL (Revised) Solid Waste Storage Building Contract: Orange County Bidder: (.01. 1,... Thm,y0 PO Box 8181 Hillsborough, NC 27278 Date: /2—3--(s The undersigned, as bidder, hereby declares that the only person or persons interested in this proposal as principal or principals is or are named herein and that no other person than herein mentioned has any interest in this proposal or in the contract to be entered into; that this proposal is made without connection with any other person, company or parties making a bid or proposal; and that it is in all respects fair and in good faith without collusion or fraud. The bidder further declares that he has examined the site of the work and the contract documents relative thereto, and has read all special provisions furnished prior to the opening of bids; that he has satisfied himself relative to the work to be performed. The Bidder proposes and agrees, if this Proposal is accepted, to contract with the Owner in the form of contract specified,to furnish all necessary materials, equipment, machinery,tools, apparatus, means of transportation and labor necessary to complete all construction of the subject project in accordance with the Drawings,Specifications, and Contract Documents, to the full and entire satisfaction of the Owner and the Architect, with a definite understanding that no money will be allowed for extra work, except as set forth in the General Conditions and Contract Documents for the sum of: SINGLE PRIME CONTRACT: Estimated Description Unit Unit Price Total Cost Quantity New Storage Building LS 1 0 /69 Electronic Waste Loading Dock LS I 9 7o0 ,•%'" Allowance: Undercut excavation, disposal, and replacement with #57 CY 100 " 93 stone on geotextile fabric. Allowance: Undercut excavation, disposal and replacement with select borrow material classified as SW, SP, CY 100 4 laim et, SC, or CL obtained from Contractor supplied off-site borrow area. Total Base Bid Price: fe R39. .1' Dollars($) /93 In Words) General StiTCOntlteter: Plumbing Subcontractor: 63.L.raZSVicR, Lic 51141 1 Lic Mechanical Subcontractor: Electrical Subcontractor: 14 1 Pr Lic Gj6 Lic ,Lk5-31) GS143-128(d)requires all single prime bidders to identify their subcontractors for the above subdivisions of work. A contractor whose bid is accepted shall not substitute any person as subcontractor in the place of the subcontractor listed in the original bid, except(i)if the listed subcontractor's bid is later determined by the contractor to be non-responsible or non-responsive or the listed subcontractor refuses to enter into a contract for the complete performance of the bid work,or(ii)with the approval of the awarding authority for good cause shown by the contractor. The bidder further proposes and agrees hereby to commence work under this contract on a date to be specified in a written order of the designer and shat fully complete all work thereunder within the time specified in the General Conditions Article 13. Applicable liquidated damages amount is also stated in the General Conditions Article 13. DocuSign Envelope ID:46276B05-79E0-4089-B879-E62E97F0B2A1 Proposal Signature Page The undersigned further agrees that in the case of failure on his part to execute the said contract and the bonds within ten (10) consecutive calendar days after being given written notice of the award of contract, the certified check, cash or bid bond accompanying this bid shall be paid into the funds of the owner's account set aside for the project, as liquidated damages for such failure; otherwise the certified check, cash or bid bond accompanying this proposal shall be returned to the undersigned. Respectfully submitted this day of 3 , €20 to0.3 'mg 1,SYNcy C.,,Org4 j (Name of firm or corporation making bid) WITNESS: By: Signature a We--- Name: k":" 111111::4 '711. (Proprietorship or Partnership) Print or type Title Ouat.te- (Owner/Partner/Pres N.Pres) Address Zaiff ATTEST: //rilsho iti tvie-- 02727r By: C....‹ )03N License No. 14c- 64(47 Title: CA>9. Federal I.D. No. (Corp.Sec.or Asiellt Eteld.14 ) Email Address: 've z:-. 44 .`i, • gob,. eV :0 (CORSa, fRe,,TE'S :0 1*. tICt• '//f/IIION Addendum received and used in computing bid: Addendum No. 1 vr Addendum No, 3 Addendum No. 5 Addendum No. 6 Addendum No. 2 se/ Addendum No. 4 Addendum No. 6 Addendum No. 7 DocuSign Envelope ID:46276B05-79E0-4089-B879-E62E97F0B2A1 STATE OF NORTH CAROLINA AFFIDAVIT ORANGE COUNTY ************************** I, 6 -\A (the individual attesting below),being duly authorized by and on behalf of — 4 the entity bidding on project hereinafter"Employer")after first being duly sworn hereby swears or affirms as follows: L Employer understands that,E-Verify is the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies,or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law in accordance with NCGS§64-25(5). 2. Employer understands that Employers Must Use E-Verify. Each employer,after hiring an employee to work in the United States,shall verify the work authorization of the employee through E-Vertfy in accordance with NCGS§64-26(a). 3. Employer 4 a person,business entity,or other organization that transacts business in this State and that employs 25 or more employees in this State. (mark Yes or No) a. YES, • or b. NO 4. Employer's subcontractors comply with E-Verify,and if Employer Is the winning bidder on this project Employer will ensure compliance with E-Verify by any subcontractors subsequently hired by Employer, This day of 201S, ‘41. .411110 Sign of Affiant Print or Type Name: State of North Carolina Orange County o ow I I 9„t1/4 JO /4,/d Signed and sworn to(or affirmed)before me,this the 7- 0 day of ,2015. A, • Z PUBLIS" My Commission Expires: (.1 (11 M04.4-\ ac) do, 1/6'Z' co Notary Public 1/11111W‘ DocuSign Envelope ID:46276B05-79E0-4089-B879-E62E97F0B2A1 BIDDER'S QUALIFICATION STATEN IT W12..01101.120,7■110.4 Malaggatmm y 42111RXIII 1.1VIIMMISMIIMIMIN PRMINYYMA..., 1. Name of Contractor 6-3 ";:sk-cle Coos 2. Years in Business 1 2- 3. List five (5) building projects of similar size that you have completed within the past ten (10)years and give the name,address and telephone number of a reference from each. Also give the completed cost of each project a) 10.-5:\ko to eas4- ova /01ez, A nig-eV- CA (- - 9/9- 3.P3-61G 9 b) 7707 0.0 do* 64,00, 6044- 01...zi 144-, 9 4 L Or - 1144 6 , Pak-- /341164k, 64-11( 14A1.4 427 r d) 4 1,95-74b6 OG'S- kt, kk-Zk k40164.1Arl' iN/ i4 — 7,41 11737 o .4.0.it e,,c1-1 /870 14, 0114relkyt 4. Have you ever failed to complete work awarded to you? If so,state where and why. 'k4D Orange County Solid Waste-New Storage Building R15318N-01G Orange County,NC November,2015 BQS-1 DocuSign Envelope ID:46276B05-79E0-4089-B879-E62E97F0B2A1 BID/PEWS QUALIFICATION STATEMENT 5. Do you plan to sublet any part of this work? If so, give details. List name, address, specialty and years of experience 6. Have you ever performed similar work under the direction of a Consulting Engineer or Registered Architect? If so, list three such firms, giving the name of the firm, its address, telephone number and the name of the project. (List most recent projects.) a) 'Salk b,ft.f. v...z etRog. ' 1 I/60 70e) b)_ N '3 6. 4.4.7.Asem, D , Qv, 0 di-6 — zgv, 4 — a. C061 4-74*.bk-a ? 636 -vos 7,, List three material suppliers,including an individuals name and telephone number. TPk.,, ks—kt. 336 /13 b) e.::5 edZwi, 9e9, toRO c) 6,/,---te, & _ 9 98f I 76,6 Orange County Solid Waste New Storage Building R15318N-OIG Orange County,NC November,2015 SOS-2 DocuSign Envelope ID:46276B05-79E0-4089-B879-E62E97F0B2A1 BDER'S QUALIFICATI IN STATE, I iNT A11111•110.....m..,• 8. List bank references. Include an individuals name and telephone number. YA-Dko? Smvk — -SA 91 yes 2 /14"4— q/9 4/1/9 aviveA-.as 9/9 9. Bonding reference,name,address,telephone. /1/e1 Er(/ — 9/9 66 q3 ern') „.„„..)0v-itosto. 1 Z.77e, / la Are you on any list of debarred contractors maintained by the U.S.Department of Labor,the U.S.Department of Housing and Urban Development or the North Carolina Department of Transportation? Yes No 1/41-- 11. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by Draper Aden Associates in verification of the recitals comprising this statement of contractor's qualifications. 12. State the true, exact, correct and complete name of the partnership, corporation or trade name under which you do business, and the address of the place of business, (If a corporation, state the name of the President and Secretary. If a partnership, state the names of all partners. If a trade name,state the names of the individuals who do business under the trade name.) It is absolutely necessary that this information be furnished, 1.--"%-zw.,•kee.„? CD Correct Name of :bidder — (a) The Business is a 040.10.4.6 "ib (b) The address of principal place of business is: 2:24 --,72„.78' (c) Phone number c\k:\ 7" .„5" L4L (d) The name of the corporate officers,or partners, or individuals doing business under a trade name,are as follows: 1.0 N\INK-t- 516. -Siz) Orange County Solid Waste-New Storage Building R15318N-01G Orange County,NC November,2015 BQS-3 DocuSign Envelope ID:46276B05-79E0-4089-B879-E62E97F0B2A1 BIDDER'S QUALIFICATION STATEIVONT I.M111.35■71■160.4**k.......P.100.111“SMAIIMMI...VOMIVINgliieWili..INZIESWAIROWEWO.M.41WW, 13. Dated at this day of „ 20 IS-- . By C J.)und\ Attest (Seal) vivolihvo ONST# 4:0 . zz, *.0 ts SEAL :z= dgi 2003 itr) ." * JOY' Orange County Solid Wade New Storage Building R15318N-01G Orange County,NC November,2015 BM-4 DocuSign Envelope ID:46276B05-79E0-4089-B879-E62E97F0B2A1 Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid State of North Carolina AFFIDAVIT A-Listing of Good Faith Efforts County of nit- ,. - (Name of Bidder) Affidavit of (...+-1 I have made a good faith effort to comply under the following areas checked: Bidders must earn at least 50 points from the good faith efforts listed for their bid to be considered responsive. (1 NC Administrative Code 301.0101) iii 1—(10 pts)Contacted minority businesses that reasonably could have been expected to submit a quote and that were known to the contractor,or available on State or local government maintained lists,at least 10 days before the bid date and notified them of the nature and scope of the work to be performed. /' 2—(10 pts)Made the construction plans,specifications and requirements available for review by prospective minority businesses,or providing these documents to them at least 10 days before the bids are due. e 3—(15 pts)Broken down or combined elements of work into economically feasible units to facilitate minority part cipation. 0 4—(10 pts)Worked with minority trade,community,or contractor organizations identified by the Office of Historically Underutilized Businesses and included in the bid documents that provide assistance in recruitment of minority businesses. yo 5—(10 pts)Attended prebid meetings scheduled by the public owner. Eli B—(20 pts)Provided assistance in getting required bonding or insurance or provided alternatives to bonding or insurance for subcontractors. $ 17—(15 pts)Negotiated in good faith with interested minority businesses and did not reject them as unqualified without sound reasons based on their capabilities. Any rejection of a minority business based on lack of qualification should have the reasons documented in writing. 0 B—(25 pts)Provided assistance to an otherwise qualified minority business in need of equipment,loan capital,lines of credit,or joint pay agreements to secure loans,supplies,or letters of credit,including waiving credit that is ordinarily required. Assisted minority businesses in obtaining the same unit pricing with the bidder's suppliers in order to help minority businesses in establishing credit. 9—(20 pts)Negotiated joint venture and partnership arrangements with minority businesses in order to increase opportunities for minority business participation on a public construction or repair project when possible. jZ/ 10-(20 pts)Provided quick pay agreements and policies to enable minority contractors and suppliers to meet cash-flow demands. The undersigned, If apparent low bidder,will enter into a formal agreement with the firms listed in the Identification of Minority Business Participation schedule conditional upon scope of contract to be executed with the Owner. Substitution of contractors must be in accordance with GS143-128.2(d) Failure to abide by this statutory provision will constitute a breach of the contract. The undersigned hereby certifies that he or she has read the terms of the minority business commitment and is authorized to bind the bidder to the commitment herein set forth. Date: /2�2 Name of Authorized Officer ��!�i Signature: r Title: e6' • ' State of M�l C. ,county of � �;7�:�r:�..:r — Subscribed and sworn to before met,this =� day of u`)c 20 VP Notary Public Tht`: ' � ., ti . ; .AL-"N. C. y expires ��,c,w,�. .. � M commission ex �' /// (is'C O `r1`\` MBForms 2 -Revised July 2010 DocuSign Envelope ID:46276B05-79E0-4089-B879-E62E97F0B2A1 Attach to Bid Attach to Bid Attach to Bid Attach to Rid Attach to Bid Attach to Bid Attach to Bid Attach to Bid state f North Cr II ""-A F F: L") 'VII intent to Parfcrirri Contract ,ith Own Workforce. County of 6c' •z_.. Affidavit of 1--5—LS\c-c) (Name of Bidder) hereby certify that it is our intent to perform 100%of the wori(required for the frJ t \ contract. (Name of Project) In making this certification,the Bidder states that the Bidder does not customarily subcontract elements of this type project, and normally performs and has the capability to perform and will perform all elements of the work on this project with his/her own current work forces;and The Bidder agrees to provide any additional information or documentation requested by the owner in support of the above statement. The Bidder agrees to make a Good Faith Effort to utilize minority suppliers where possible. The undersigned hereby certifies that he or she has read this certification and is authorized to bind the Bidder to the commitments herein contained. Date: Name of Authorized Officer. Signature: Title: State of ,County of Subscribed and sworn to before me this day of 20 Notary Public My commission expires, MBForms 2002-Revised My 2010 DocuSign Envelope ID:46276B05-79E0-4089-B879-E62E97F0B2A1 Attach to Bid Attach ta Did Attach to Bid Attach ar Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Id mti ceitieil of HUB C rill Illority & ass Particlipation I, (J) (Name of Bidder) do hereby certify that on this project,we will use the following HUB Certified/minority business as construction subcontractors, vendors, suppliers or providers of professional services. Firm Name,Address and Phone if Work Type *Minority "HUB Category Certified (Y/N) *Minority categories:Black.African American(Et),Hispanic(H),Asian American(A)American Indian(I), Female(F)Socially and Economically Disadvantaged(D} "HUB Carat" Ion with the state HUB Moe required to be counted ard a participation goals. The total value of minority business contracting will be (re) • MBForms 2002-Reyisod July 2010 DocuSign Envelope ID:46276B05-79E0-4089-B879-E62E97F0B2A1 Contractor's Safety Record Info atlon The Contractor's safety record shall be reviewed and evaluated in addition to other quality and performance criteria as part of bid evaluation process. Failure to provide the requested information and documentation may result in rejection of your bid as non-responsive. Accordingly,all bidders must submit the following information regarding their safety record. The following definitions shall apply to this section: "DART incident rate"—Acronym for"Days Away,Restrictions and Transfers".The DART incident rate may be used to show the relative level of injuries and illnesses within a firm compared to the industry. It is based only on those injuries and illnesses severe enough to warrant"Days Away,Restrictions and Transfers". The DART incident rate is calculated using OSHA's Form 300 and the following formula: ((Number of entries in column H(days away from work)+column I(job transfer or restriction)x 200,000)/(Number of hours worked by all employees)=DART Incident rate. "EMR"—Acronym for"Experience Modification Rate,"is an indicator of a contractor's past safety performance, widely used by the insurance industry as an equitable means of determining premiums for workers compensation insurance.The rating system considers the average workers'compensation losses for a given firm's type of work and amount of payroll and predicts the dollar amount of expected losses to be paid by that employer in a designated rating period,usually three years.The rating is based on comparison of firms doing similar types of work,and the employer is rated against the average expected performance in each work classification. Losses incurred by the employer for the rating period are then compared to the expected losses to develop an experience rating. "OSHA"—Acronym for the Federal Occupational Health and Safety Administration. The term"OSHA"as used in this Policy also refers to any state or local agency having jurisdictional authorization to enforce worker safety requirements and assess fines or warnings for violation of worker safety standards. I. OSHA DART Incident Rate. Provide the bidder's DART Incident Rate calculated from OSHA's Form 300 for the last three years and the other required information shown in the example table below. The bidder must attach all supporting documentation and calculations including certified OSHA forms. DocuSign Envelope ID:46276B05-79E0-4089-B879-E62E97F0B2A1 YEAR CONTRACTOR INDUSTRY INDUSTRY FIELD AND CODE DART DART INCIDENT RATE INCIDENT RATE / 7.* 0 2. Excellence Modification Rate(EMR). Provide the bidder's most recent Experience Modification Rate(EMR)based on insurance claims histoty. The bidder must provide the source of the EMR information and contact information ofinsurer entity providing the EMR. YEAR CONTRACTOR INDUSTRY FIELD AND NAME AND CONTACT EMR CODE INFO FOR EMR INFORMATION Sq-0 Tou.A- 4.41— Ck\CA SL1/41/4 3. Answer the following OSHA Specific Questions: (a) Within the last 2 years,has the bidder received any citations classified by OSHA as being(I)serious,(2)willful and/or(3)repeat violations where your company operates? Yes No If yes,attach a copy of each such citation and violation. (b) Has the bidder experienced any work-related fatalities within the last five years? Yes No DocuSign Envelope ID:46276B05-79E0-4089-B879-E62E97F0B2A1 (c) Has the bidder had any citations issued by OSHA as a result of work related fatalities within the past 5 years? Yes No (d) Is the bidder under investigation for any work-related fatalities? Yes No (e) If your answer is"yes"to 3(b), (c)or(d),provide a copy of the citation(s), list of number(s)of fatalities and documented explanation of the fatality. 4. Safety Plan: (a) Does the company have a written safety program that includes responsibility for all aspects of safety management? Yes V■--- No (h) Does the company have a written plan for safety training of new employees and ongoing training of existing employees? Yes No (c) Does the company have documented evidence of safety training that they have conducted? Yes (d) If the company has employees with limited English ability,does the company have a written plan for ensuring that their employees understand the training they are being given? Yes No (e)Do all supervisors have an appropriate documented level of OSHA training (e.g.,a minimum of 30 hour OSHA construction safety training)? Yes DocuSign Envelope ID:46276B05-79E0-4089-B879-E62E97F0B2A1 (f)Do employees have documented basic OSHA 10 hour construction safety training? Yes No (g)Does the company have a documented Hazard Communication Program? Yes , No 5. Required Written Explanation of Safety Record. If the bidder has any of the following: (a)DART incident rate greater than its industry average,(b)an EMR greater than 1.0,(c) answered"yes"to any of the OSHA Specific Question above,or(d)answered"no"to any of the Safety Plan questions,the bidder shall provide the County,in its bid,a detailed written explanation of its safety record and the reasons why such safety history is NOT representative of its future performance and what specific actions it has taken to improve its overall safety record. Failure to provide a written explanation of its safety record pursuant to this paragraph may be deemed as non-responsive by the County.