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HomeMy WebLinkAbout2016-112-E DEAPR - W.L. Bishop - Change Order to 2015-499-E for wet soil 000wSWn Envelope ID: E4348o481523-4040~^C781oC3r4o5o445 ORANGE COUNT( CHANGE ORDER REQUEST NORTH CAROLINA Date: 1/8/2016 Project: Hollow Rock Nature Park Change Order No.CO#1 Department: DEAPR Department Address: 306 Revere Rd Hillsborough, NC 27278 Project: Hollow Rock Nature Park Contractor: W.L.Bishop Construction Contractor Address:2211 Leah Dr Hillsborough NC 27278 Effective date of original contract: September 19,2015 This change order N increases 7 decreases the contract time by60days. Check here ifno impact to contract time 1l. Will this change order impact the date of substantial completion?N YesE] No. |f yes,the amended date ofsubstantial , completion is: January 29, ZO16 Full Description ofChange: $ 2,465.00 Additional grading(cut) at entrance per NCDDTtu improve site triangle $ 700.00 Removal and off-site disposal of three trees at entrance-as requested by owner $ 20,264.00 Removal and off-site disposal of unsuitable wet soils(1192 yards @$l7 yard os verified byreport from ATCAssociates) $30,992.00 Select fill import,spread and compact(1192 yards @ $26 yard as verified bt ATC Associates) $-10,000.00 Original Contract Contingency $44,421.00 Tuto| Reason for Change: The majority of this change order is a result of the extreme amount of rain that has fallen since the original contract date. Original contract sum: $82,603.00 Contract sum prior tothis change order $ 82,8Bl0 Amount of this change order: $44,421.00 Total sum of the contract including this change order: $ 127,U24.U0 This change order is executed to amend the contract time and/or contract sum. it shall not be construed to impact the original contract, project,services,nr work in any other manner. Approved and executed this eighth day of January,J016. W.L Bishop construction County Manager ` Contractor O Architect(when retained) o"�om�*^': ""cu=oned"v: B 8 By: �1-2MFFMBElFME6 1/8/2016 If 0637994B755E477 1/13/2016 Revised 1/16 000wSWn Envelope ID: E4348o481523-4040~^C781oC3r4o5o445 W'.LBISHOP LIGHT INoUSTRML COMMERCIAL oFSIGN-BIxm CONSTRUCTION COMPANY l2-2Q-l5 To: MuzubetbCmz From: Jerry Snnkb Re: Hollow Rock Park CO# I (revised 1-5-16) � Cut bank down per DOT for site triangle- S2,465 * Remove Additional trees and buul off $ 700 * Removal and offsite disposal of unsuitable soils. Total of|\g2 yards verified byreport from ATC. l\92 yards 64),$l7 yard$20,264 *Select fill import, spread and compact, 11.92 yards $26 yard $ 30,992 2211 Leah Drive Suite I Hillsborough, NC 27278 Phmme:s1eruo'o54n Fax:919-732-3049 Web: hup://www.w|bishop.com E-MaO: imfo@w{bishop.com � � DocuSign Envelope ID: E4349D49-1523-4646-AC79-1BC3F4B5D445 2725 E. Millbrook Road, Suite 121 Raleigh, North Carolina 27604 www, ssociates.COM C .-...........atca Phone: 919-871-0999 ATC Associates, Inc. Fax: 919-871-0335 DAILY REPORUPROJECT OBSERVATIONS Project Name: Hollow Rock Parking lot ATC Rep: R. Whitley Client: Orange Co. ATC Job No.: WLBISHP01 1 Location: Chapel Hill Day/ ate: 11-23-15 'Arrival Time: 11:00 'Departure Time: 11:30 Weather/Temp: 65 clear 2Arrival Time: 2Departure Time: Equipment: Onsite Time: .5 Travel Time: 1.25 No. of Trips: 1 Lab Time: .25 10.75 2.0 Mileage: 60 A. Description of Work:-undercut evaluations B. Location Grid Coordinates & Floor Level: C. Tests Performed: D. Equipment and Crew: E. Problems/ Non-Compliance/Failing Tests: F. Informed of E above: ATC Construction Services Manager arrived on site as requested, and met with reps. from Orange Co., and the general and grading contractors to observe the proposed parking area, where unsuitable plastic wet clays exist in the lower half of the lot. The area was probed and advised undercutting these soft wet materials tapering from .5' to approx. 2' in the lower sides. A test pit was dug in the hill in front of the lot, with soils too wet for use as structural fill. The contractor will import fill form an approved borrow source. ATC will return to monitor and quantify the undercut. Printed Name: I Rob Whitley Reviewed By: Ben Wilson, PE This Report is Preliminary until reviewed by the engineering staff. Field Data, Locations, Elevations and Depths are Estimated. This report is a summary of field observations and is subject to review by ATC personnel.Therefore,the information provided herein does not constitute certification or approval unless specifically stated. 000wSWn Envelope ID: E4348o481523-4040~^C781oC3r4o5o445 2725E. K8Ulbmok Road, Suite 121 Releigh, North Carolina 27604 -~�=-- -- Phone: 919-871-0999 ATC ASsDCiateG, Inc. Fax: 919-871-0335 DAILY REPORT/PROJECT OBSERVATIONS PEo Hollow Rock Parking lot ATC Rep: Frank Hamlin ject Name: Client: W.L. Bishop ATC Job No.: WLBISHP01 1 Location: Chapel Hill Day/Date: 12-7-15 'Arrival Time: 7:00 'Departure Time: 10:00 Weather/Temp: 65 clear 2Arrival Time: 11:00 213eparture Time: 5:00 Equipment: Onsite Time: 9.0 Travel Time: 1.25 No. of Trips: Lab Time: -25 10.5 Mileage: 65 A. Description of Work:—undercut evaluations B. Location Grid Coordinates & Floor Level: C. Tests Performed: D. Equipment and Crew: E. Problems/ Non-com pliance/Failing Tests: F. Informed of E above: ATC arrived on site as requested to perform undercut evaluations on parking lot. The undersigned observed variable depth undercutting due to unsuitable soils and instructed contractor to undercut areas accordingly. Utilizing a loaded tandem truck and a steel probe rod the undersigned found a suitable foundation to begin backfill process. The undersigned observed the backfill with a loaded dump truck performing a passing proof roll each lift. The area observed today was 111' x 50' x 2.25' = 462.5 CY of undercut. Printed Name: Frank Hamlin I Reviewed By: I Rob Whitley This Report is Preliminary until reviewed by the engineering staff.Field Data,Locations,Elevations and Depths are Estimated. is report is a summary of field observations and is subject to review by ATC personnel.Therefore,the information provided herein does not constitute certification or approval unless specifically stated. DocuSign Envelope ID: E4349D49-1523-4646-AC79-1BC3F4B5D445 Z r f \ °- ]o ,� Lug N dW r) W LiJ Ld l p z Z Q°ZS Z Q CL r rL CN Lai C,4 0 tL► Q OL CK) LLJ Z� CN ca Cl- NII QL CIO O`?% �'\\�\ \ \. \. ' �\ \ • :.mac.. � .''s. % . \ V ` C::� M ry LQ \. Z (-)\ c z DocuSign Envelope ID: E4349D49-1523-4646-AC79-1BC3F4B5D445 pju 2725 E. Millbrook Road, Suite 121 Raleigh, North Carolina 27604 www_atca soc,ates.corn � Phone: 919-871-0999 ATC Associates, Inc. Fax: 919-871-0335 DAILY REPORT/PROJECT Pro°ect Name: Hollow Rock Parking lot ATC e : Frank Hamlin Client: Orange Co. ATC Job o.: WLBISHP011 Location: Chapel Hill ay/ ate: 12-8-15 'Arrival Time: 11:00 'Departure Time: 2:00 Weather/Temp: 65 clear 2Arrival Time: z earture Time: Equipment: Onsite Time: 3 Travel Time: 1.25 No.of Trips: 1 Lab Time: .25 Total Time 4.5 Mileage: 65 A. Description of Work:—undercut evaluations B. Location Grid Coordinates& Floor Level: C. Tests Performed: D. Equipment and Crew: E. Problems/Non-Compliance/Failing Tests: F. Informed of E above: ATC arrived on site as requested to perform undercut evaluations on parking lot. The undersigned observed variable depth undercutting due to unsuitable soils and instructed contractor to undercut areas accordingly. Utilizing a loaded tandem truck and a steel probe rod the undersigned found a suitable foundation to begin backfill process. The undersigned observed the backfill with a loaded dump truck performing a passing proof roll each lift. The area observed today was 111' x 45' x 2.25' = 416.25 CY of undercut. Total undercut = 878.75 CY Printed Name: Frank Hamlin Reviewed By-.:: Rob Whitley This Report is Preliminary until reviewed by the engineering staff. Field Data,Locations,Elevations and Depths are Estimated. This report is a summary of field observations and is subject to review by ATC personnel.Therefore,the information provided herein does not constitute certification or approval unless specifically stated. DocuSign Envelope ID: E4349D49-1523-4646-AC79-1BC3F4B5D445 ly _j \\ Z uj J \ ,,J " w D \ Z Lu N U c c LLJ UJI C) Z Old d- p` r N \ "b J 1e.1�� Q. UCL 0 to Q- ri CIO Cl- A. w ¢ a. vn �QQ`9 ' • ,e �° UJ �'� \ a^ ' \ �.. (� \,CCU U) ell u G/ o U ry \\\: 0 DocuSign Envelope ID: E4349D49-1523-4646-AC79-1BC3F4B5D445 2725 E. Millbrook Road, Suite 121 Raleigh, North Carolina 27604 v ww,atcas�tf:ciates.con''II Phone: 919-871-0999 RTC Associates, Inc. Fax: 919-871-0335 DAILY / OBSERVATIONS Project Name: Hollow Rock Parking lot ATC Rep: Frank Hamlin Client: Orange Co. ATC Job o.: WLBISHP011 Location: Chapel Hill Day/Date: 12-9-15 'Arrival Time: 1:00 'Departure Time: 2:15 Weather/Temp: 65 clear 2Arrival Time: 2Dearture Time: Equipment: nsite Time: 1 Travel Time: 1.25 No. of Trips: 1 Lab Time: .25 Total Time 2.75 Mileage: 65 A. Description of Work:—undercut evaluations B. Location Grid Coordinates & Floor Level: C. Tests Performed: D. Equipment and Crew: E. Problems/ on-Compliance/Failing Tests: F. Informed of E above: ATC arrived on site as requested to perform undercut evaluations on parking lot. The undersigned observed variable depth undercutting due to unsuitable soils and instructed contractor to undercut areas accordingly. Utilizing a loaded tandem truck and a steel probe rod the undersigned found a suitable foundation to begin backfill process. The undersigned observed the backfill with a loaded dump truck performing a passing proof roll each lift. The areas observed undercut today were 111' x 19' x 2.25' = 175.75 CY and an area 75' x 50' x 1' = 138.9 CY. Total undercut = 1193.4 CY Printed Name: Frank Hamlin Reviewed By: Rob Whitley This Report is Preliminary until reviewed by the engineering staff. Field Data,Locations, Elevations and Depths are Estimated. This report is a summary of field observations and is subject to review by ATC personnel.Therefore,the information provided herein does not constitute certification or approval unless specifically stated. DocuSign Envelope ID: E4349D49-1523-4646-AC79-1BC3F4B5D445 LLI X". Lu g a �j C5 Q r j ' 04 4J J CN N O� c�of . �•. \ �: , \ ,�;; ��\\ 'K.7 > Q La I LU LLJ Lz- 9ah \ Y \UJ x O a CL° Ch DocuSign Envelope ID: E4349D49-1523-4646-AC79-1BC3F4B5D445 [Departmental Use Only] TITLE Hollow Rock Parking Area FY 2016 NORTH CAROLINA CONSTRUCTION AGREEMENT UNDER$250,000.00 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter called "Agreement"), made as of the nineth day of September, 2015, by and between W.L. Bishop, (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 Orange County (Sheet SD 1-4 dated 7/9/15) b. Written specifications prepared by the project engineer. c. 1713 proposal dated August 11, 2015 which fully describes the work to be performed, such work (hereinafter called the "Work"). d. Related documents listed under Section I above. 3. TERM AND SCHEDULING Revised 10/14 DocuSign Envelope ID: E4349D49-1523-4646-AC79-1BC3F4B5D445 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 November 30th, 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 OFCARE 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 be required to comply with all federal, state and local antidiscrimination laws, regulations Revised 10/14 2 DocuSign Envelope ID: E4349D49-1523-4646-AC79-1BC3F4B5D445 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. P YMENT & 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 eighty two thousand, six hundred and three Dollars ($82,603). 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 mcarr@orangecountyne.gov 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 Revised 10/14 3 DocuSign Envelope ID: E4349D49-1523-4646-AC79-1BC3F4B5D445 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 expenses (including court costs and reasonable attorney's fees related thereto) arising out Revised 10/14 4 DocuSign Envelope ID: E4349D49-1523-4646-AC79-1BC3F4B5D445 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: E4349D49-1523-4646-AC79-1 BC3F4B5D445 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 Attn: Marabeth Carr W. L. Bishop P.O. Box 8181 2211 Leah Dr' Hillsborough,NC 27278 Hillsborough,NC 27278 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: E4349D49-1523-4646-AC79-1BC3F4B5D445 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 11 A 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 them 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 10/14 7 DocuSign Envelope ID: E4349D49-1523-4646-AC79-1BC3F4B5D445 ---------- 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 fall force and effect. [SIGNATURE PAGE TO FOLLOW] Revised 10/14 8 DocuSign Envelope ID: E4349D49-1523-4646-AC79-1BC3F4B5D445 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. GEC UNTY CONTRACTOR DocuSigned by: DocuSigned by: U &WAk (kMYKWS(A41 sigs"fAE477 9/11/2015 9/9/2015 County Manager Printed Name and Title Revised 10/14 9 DocuSign Envelope ID: E4349D49-1523-4646-AC79-1BC3F4B5D445 GEC UNTY- EPA T ENT USE ONLY Department Party/Vendor Name: W. L. Bishop Party/Vendor Contact Person: Jerry Smith Contact Phone: 919-732-2546 Party/Vendor Address:2211 Leah Dr. City Hillsborough State: NC Zip:27278 Department: DEAPR Amount: 82,603 Purpose:Construct a parking area Budget Code(s): 61370035 880000 20027 Vendor # 059867 (N/A if new vendor) Vendor is a BOCC consultant? Yes ❑ NoZ Contract Type: (Check one) New Z Renewal ❑ Amendment ❑ Effective Date 9/15/2015 Approved by Board Yes[]NoZ Agenda Date: This agreement is approved as to technical form and content: DocuSigned by: Department Director's Signaturl rde" Q,&*r Date: I-33888MAM3423 9/10/2015 Information Technologies (Applicable only to Hardware/software purchases or related services)This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer Date: Risk Management This agreement is approved for sufficiency of insurance standards,specifications,and requirements: •DocuSigned by: Office of the Risk Management Office L0615 AUS& bVVXff6 Date: —7FDCF9176800498 Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Docusigned by: Office of the Chief Financial Office vil Date: 9/10/2015 Legal Services This agreement is approved as to legal form and sufficiency: ­DocuSigned by: Office of the County Attorne Date: EAMD33EDBA8465... 9/11/21J15 Clerk to the Board Received for record retention: All Docusign contracts must be copied to Donna Lloyd upon completion @ Dolloyd aorangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Office of the Clerk to the Board Date: Revised 10/14 10 Doct, ign Envelope ID: E4349D49-1523-4646-AC79-lBC3F4B5D445 BISHOP1 OP 10:SF CERTIFICATE OF DATE(MM/DD/YYYY) II 09/08/2015 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). PRODUCER NAME: Tara I Smithwick First Insurance Services,Inc. PHONE FAX P.O.Box 13687 A/c Ne Ext):919,941-0649 A/c,N®;919-941-0135 RTP,NC 27709 E-MAIL Sandy B.Fisher 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. INSR TYPE OF INSURANCE POLICY NUMBER MMILDDY� POLICY LIMITS LTR A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE ®OCCUR S 1991921 09/04/2015 09/04/2016 PREMISE�ES�RENTED $ 500,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 POLICY®JECT F-1 LOC PRODUCTS-COMP/OP AGG $ 3,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 A X ANY AUTO S 1991921 09/0412015 09/04/2016 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 $ 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 STATUTE �RH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN WCP1020372 EXCLUDE 09/04/2015 09/04/2016 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ®N/A —.— (Mandatory in NH) MIKE&WILLIAM BISHOP E.L.DISEASE-EA EMPLOYEE $ 1,000,000 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,maybe attached if mono space is required) Project: Hollow Rock parking area at 692 Erwin Road CERTIFICATE HOLDER CANCELLATION ORANGE4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN g ty ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 8181 Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD 000w |o: E4348o4815u3�040~^Cr81oC3r4o5o445 NCDENR ---__� _--,-_ ----_ -_- North Carolina Department»f Environment and Natural Resources Pat mu°/my John E. SkV@rl@, III Governor Secretary April 24,2Ol3 Mr. Brendan Moore Durham County 20O East Main Street,4th Floor Durham,North Carolina 2770) Dear Mr. K400re: Xam pleased to announce that your 2013 Recreational Trails Program application has been approved for funding. You have been awarded a grant of$200,000.00 to acquire and install four pedestrian bridges,construct a parking area as well as acquire and install trail signs for the Hollow Rock Access Area. Our State Trails Program staff will notify you of any remaining signatures or provisions that must be addressed before your application package is submitted to the Division Of Purchase and Services. You may]lot incur expenses for this project unti|/eceipxofufu\}ymxccu1edArantuom1cact The Department of Environment and Natural Resources is pleased to have Durham County partnering with the Division of Parks and Recreation, the North Carolina Trails Committee, and the State Trails Program to promote the development and management of sustainable trails and gn*onvvoyoacross North Carolina. Sinuerely, John E. Skvarla,III cc: Lewis Ledford,Director Division of Parks and Recreation 180 Mail Service Center,Raleigh,North Carolina 276N-1601 Phone:819707-8800\Internet:www,mdoncgow An Equal Opportunity\Affirmative Action Employer—50%Recycled�10%Post consumer Paper