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HomeMy WebLinkAbout2016-160-E AMS - Muter Construction LLC for bus stop and library kiosk at CG Comm. Ctr. DocuSign Envelope ID:8C7BFBB9-1651-495E-B1AF-E7C87809E899 NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$50,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this 10th day of February, 2016 by and between Orange County, North Carolina (hereinafter the "Owner") party of the first part; and Muter Construction LLC (hereinafter the "Contractor"), party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the Owner hereby contracts for the construction services of the Contractor, and the Contractor agrees to provide the construction services to the Owner in accordance with the terms of this Agreement. 1. TERM AND MAXIMUM AMOUNT PAYABLE Beginning and ending dates of contract: January 29, 2016 through May 31, 2016. The Project Commencement Date shall be January 29, 2016. Dollar Amount Not to Exceed: forty eight thousand five hundred nineteen ($48,519) 2. SERVICES Contractor agrees to provide the following construction services (the "Work"): procurement and installation of the bus stop and Library kiosk canopies at Cedar Grove, 5800 Highway 86 North, per provided proposal. Contractor shall not sub-contract all or any part of the construction services provided for in this Agreement without prior written approval of the Owner. Contractor shall be responsible for all errors or omissions, in the performance of the Agreement. Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to Owner. 3. PAYMENT Contractor shall submit an invoice for construction services provided. The invoice shall contain Contractor's name and federal tax identification number and shall be signed and dated by an officer of Contractor. It shall detail all construction services provided in payment requests. The Owner will make payments to Contractor within thirty (30) days after receipt of and approval of the invoice by the contracting department. In the event the amount stated on an invoice is disputed by Owner, then Owner may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. In addition, should Contractor fail to perform its duties under the terms of this Agreement, Owner may, without fault or penalty, withhold any payment associated with the Work to be performed until such time as said work is completed. 4. RELATIONSHIP OF PARTIES Contractor is an independent contractor of the Owner. Contractor represents that it has or will secure, at its own expense, all personnel required in performing the construction services under this Agreement. Such personnel shall not be employees of or have any contractual relationship Revised 1/16 1 DocuSign Envelope ID:8C7BFBB9-1651-495E-B1AF-E7C87809E899 with the Owner. All personnel engaged in work under this Agreement shall be fully qualified and shall be authorized or permitted under state and local law to perform such construction services. It is further agreed that Contractor will obey all State and Federal statutes, rules and regulations which are applicable to provisions of the construction services called for herein. Neither Contractor nor any employee of the Contractor shall be deemed an officer, employee or agent of the Owner. 5. SUSPENSION AND TERMINATION This Agreement may be terminated by Contractor upon thirty (30) days' written notice to the Owner, and the Owner may terminate this Agreement upon thirty (30) days' written notice to Contractor. Owner may suspend the Work at any time for Owner's convenience and without penalty to Owner upon three (3) days' notice to Contractor. Upon any suspension by Owner Contractor shall discontinue the Work and shall not resume the Work until notified to proceed by Owner. The notice required by this section or any other notice shall be delivered via certified mail, return receipt requested to the parties at the addresses as shown on the signature page to this Agreement. Such notice is deemed given upon its delivery to, or deposit in a receptacle of, the United States Post Office. 6. INSURANCE REQUIREMENTS Contractor shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by Owner's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at htip://www.oran ecounWc. ov/departments/purchasing_division/contracts.php). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here (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. 7. INDEMNIFICATION Contractor agrees to defend, indemnify, save, and protect Owner and Owner's lender, if any, harmless from and against any and all claims, liens, liabilities, losses, damages, causes of action, and expenses (including court costs and reasonable attorney's fees related thereto) arising out of, in connection with, or resulting from any negligence, act or failure to act by the Contractor, the Contractor's agents, assigns or employees related to the Work. Contractor is responsible for all errors or omissions caused by its agents, contractors, employees, or assigns in the performance of this Agreement. It is the intent of this section to require Contractor to indemnify the Owner to the full extent permitted under North Carolina law. 8. NON-ASSIGNMENT Contractor shall not assign all or any part of this Agreement, including rights to payments, to any other party without the prior written consent of the Owner. 9. NON—APPROPRIATION Contractor acknowledges that Owner is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory Revised 1/16 2 DocuSign Envelope ID:8C7BFBB9-1651-495E-B1AF-E7C87809E899 mandate. In the event that public funds are unavailable and not appropriated for the performance of Owner's obligations under this Agreement, then this Agreement shall automatically expire without penalty to Owner immediately upon written notice to Contractor of the unavailability and non-appropriation of public funds. It is expressly agreed that Owner shall not activate this non- appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the Owner's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects Owner's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to Owner upon written notice to Contractor of such limitation or change in Owner's legal authority. 10. DISPUTE RESOLUTION Any dispute with respect to any provision of, or the performance or non-performance of, this Agreement shall be subject to the Dispute Resolution Rules and Procedures for Orange County Design, Building Construction, Renovation, and Repair Projects which rules and procedures are incorporated herein. 11. ENTIRE AGREEMENT The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it, together with specifically referenced documents, constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified by a written amendment to this Agreement signed by the parties. Modifications may be evidenced by telefacsimile signatures. Should any conflict arise in the terms of any documents referenced herein and this Agreement the terms of this Agreement shall be given priority and shall control over all other such documents. Should a request for proposals and a proposal be referenced the terms of the request for proposals shall have priority over the terms of the proposal. 12. COMPLIANCE WITH LAW/GOVERNING LAW Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and any action brought under this Agreement shall be brought in the General Court of Justice of the State of North Carolina in Orange County. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all anti-discrimination laws. By executing this Agreement Provider affirms that Provider and any subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 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 1 I and Article 40 of North Carolina General Statute Chapter 66. [SIGNATURE PAGE TO FOLLOW] Revised 1/16 3 DocuSign Envelope ID:8C7BFBB9-1651-495E-B1AF-E7C87809E899 IN WITNESS WHEREOF Orange County and the Contractor have signed this agreement, effective as of the day and date first above written. ORANGE COUNTY CONTRACTOR By F�Docu5igned by: DocuSigned by: 6vuvut-t, t�.t,rsbt By ,66, Ake) Coun y ff9%Vg&" Mut 200 S. Cameron St. 100 N. Arendell Avenue P.O. Box 8181 Zebulon,NC 27597 Hillsborough,NC 27278 Revised 1/16 4 ■■ ■Trl1 DocuSign Envelope ID:8C7BFBB9-1651-495E-B1AF-E7C87809E899 Standard Estimate Report Page 1 CONSTRUCTION 1614 Bus Shelter and Libr 112112016 6:51 PM Labor Material I I Subcontract Equipment Other Total Item Description Takeoff Qty Unit Cost Amount Unit Cost Amount Unit Cost Amount Name Unit Cost Amount Unit Cost Amount Amount 1000.000 GENERAL REQUIREMENTS 1300.010 Personnel:Supervision 15 Superintendent Daily 10.00 day 250.00/day 2,500 - - - - 60.00/day 600 - 3,100 Personnel:Supervision 2,500 600 3,100 80.00 Labor hours 80.00 Equipment hours 1310.010 Personnel:Proj.Managmnt 40 Project Manager Daily 4.00 day 328.003/day 1,312 - - - - 60.00/day 240 - 1,552 Personnel:Proj.Managmnt 1,312 240 1,552 164.002 Labor lours 32.00 Equipment hours 1540.010 Temp:Tools 8 Equipment 10 Forklift 1.00 day 0.00 0 0.00 0 - - 650.00/day 650 - 650 Temp:Tools&Equipment 650 650 20.00 Labor hours 8.00 Equipment hours GENERAL REQUIREMENTS 3,812 0 0 1,490 0 5,302 264.002 Labor hours 120.00 Equipment hours 10000.000 SPECIALTIES 10530.000 Protective Covers 20 5 x 10 Bus Stop Canopy 50.00 st 30.00/st 1,500 140.96/st 7.048 - - - - 8,548 20 B x 16Library Keosk Canopy 128.00 at 30.00/at 3,840 174.25/at 22304 - - - 26,144 Protective Covers 5,340 29,352 34,692 SPECIALTIES 5,340 29,352 0 0 0 34,692 DocuSign Envelope ID:8C7BFBB9-1651-495E-B1AF-E7C87809E899 Standard Estimate Report Page IVIU I F K 1614 Bus Shelter and Libr 112112016 6:51 PM CONSTRUCTION Estimate Totals Description Amount Totals Hours Rate Cost Basis Cost per Unit Percentof Total Labor 9,152 264002 Ins 18,86% Material 29.352 60.50% Subcontract Equipment 1,490 120000 Ins 307% Othe 39.994 39.994 52A3 52.43'(-.. lity Insurance 600 1.500 % T 124% Ins On Labor 2,288 25000 % C 412% Sales Tax 1.981 6150 % C 408% iq Permit Eta L Overhead 1,346 3,000 % T 2,77% Proft 2,310 5000 % T 416% Total 48,519 DocuSign Envelope ID:8C7BFBB9-1651-495E-B1AF-E7C87809E899 You have received this Quote per your request from Belson Outdoors(belson.com). If you are having trouble reading this email?lyiewjt in.y L�.P,L rorgoto https://www.belson-com/Secure/ReqLlest.aspx?Orde"rl—D"="1-'6-5"7'94&Key=33,65.76306396846 ............ ...................... FQuote Here is the Quote as per your request. The 'Shipping'total has been applied. WQ 1r ')! To place an order, simply click'Submit Order Confirmation' below. WQ 165794 Please print this page for your records. Customer Order Confirmation is required to process order. 111 North River Road Toll Free: 1 QUOTE # BEL -800-323-5664 ,':,)N' North Aurora, IL. 60542 Phone: 1-630-897-8489 0 U "r Ll 5, sales@belson.com Fax: 1-630-897-0573 WQ 165794 Model# Description Lbs Quantity Unit Price Unit Total Bus Stop Shelter, 5'x '10',All Tempered ALS51 OA2PBN Glass With Poly Barrel Roof&Two Front 1,568 1 $5,705.00 $5,705.00 Openings-Quaker Bronze Frame ALS-1 OBADA ADA Bench (68") For 10' Shelter 33 1 $447.00 $447.00 Subtotal 1,601 $6,152.00 $0.00 Customer Order Confirmation is required to process order. $895.90 Your Order will not be shipped without your"Order Confirmation" $7,047.90 First Name" John First Name John Last Name' Muter Last Name Muter Company MUTER CONSTRUCTION Company MUTER CONSTRUCTION Address' 100 N. Arendell Ave. Address' 5800 Hwy 86 N. Address Address City' Zebulon City' Hillsborough State' NC State", NC Zip Code' 27597 Zip Code' 27278 Country USA Country USA Phone' 919-404-8330 Phone 919-404-8330 Fax 919-400-4253 Fax 919-400-4253 Email jmuter@muterconstruction,com Email jMLIter@muterconstruction.com Phone Call 24 Hours Prior to Delivery; Delivery to Residential or Non-Commercial Truck Route Addresses DocuSign Envelope ID:8C7BFBB9-1651-495E-B1AF-E7C87809E899 You have received this Quote per your request from Belson Outdoors(belson.com). If you are having trouble reading this email?Vi2,o,i in-,,�o r e or go to ­ ­ 111­112J_Mi _1 hftps://www.belson.com/Secure/Request.aspx?OrderlD=163007&Key=3347.35554608196 ........... ----------- ­_­.......... Quote # Here is the Quote as per your request. The'Shipping'total has been applied. 'VVQ 163007 To place an order, simply click'Submit Order Confirmation' below. Please print this page for your records. Customer Order Confirmation is required to process order. "Al QUOTE # 111 North River Road Toll Free: 1-800-323-5664 North Aurora, IL. 60542 Phone: 1-630-897-8489 BEL 0 u, 'r ;), ft 5 sales@belson.com Fax-, 1-630-897-0573 WQ 163007 Model # Description Lbs Quantity Unit Price Unit Total MISC Custom Shelter, 8'X16",All Tempered 0 1 $20,076.00 $20,076,00 Glass With Poly Barrel Roof& Open Front-Quaker Bronze Finish MISC Third Party Plan Review 0 1 $1,143.00 $1,143.00 PE Stamped Drawings DAPIA Agency Fees (Actual) Subtotal 0 $21,219.00 "n A $0.00 Customer Order Confirmation is required to process order. $1,085.00 Your Order will not be shipped without your"Order Confirmation" $22,304.00 First Name Jeff First Name Jeff Last Name' Spady Last Name Spady Company Company Address' 9601 Baileywick Rd Address'" 9601 Baileywick Rd Address Address City" Raliegh City' Raliegh State'` NC State' NC Zip Code' 27515 Zip Code' 27515 Country USA Country USA Phone' 919-616-4715 Phone 919-616-4715 Fax Fax Email jeff@5thwallbdc.com Email jeff@5thwallbdc.com DocuSign Envelope ID:8C7BFBB9-1651-495E-B1AF-E7C87809E899 MUTER-1 OP ID:SM ,4coRC� CERTIFICATE OF LIABILITY INSURANCE DATE 11M/DD/YYYY) 01/28/2016 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: Sonya Noble AAI, CISR Senn Dunn-GSO PHONE FAX 3625 N.Elm St. A/c No EXt:336-346-1305 A/c,No): 336-612-3813 Greensboro,NC 27455 ADDRESS:snoble senndunn.com Russ B.Bell,CIC INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Selective Insurance Company 12572 INSURED Muter Construction, LLC INSURER B: John Muter 100 N.Arendell Ave INSURERC: Zebulon, NC 27597 INSURER D: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 FArl TO CLAIMS-MADE OCCUR S2193761 01/08/2016 01/08/2017 DAMAGE PREMISES S( RENTED 100 OO Ea occu nce rre $ , MED EXP(Any one person) $ 10,00 PERSONAL&ADV INJURY $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,00 POLICY� ECT � LOC PRODUCTS-COMP/OP AGG $ 2,000,00 OTHER: Emp Ben. $ 1,000,00 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1000000 Ea accident s s A X ANY AUTO S2193761 01/08/2016 01/08/2017 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 5,000,00 • EXCESS LIAB CLAIMS-MADE S2193761 01/08/2016 01/08/2017 AGGREGATE $ 5,000,00 DED RETENTION$ $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER • ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N WC9029099 01/08/2016 01/08/2017 E.L.EACH ACCIDENT $ 500,00 OFFICER/MEMBER EXCLUDED? ❑ NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,00 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,00 • Crime B6057255 01/08/2016 01/08/2017 Limit 275,00 B Ded DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Magistrate Project Orange County is listed as additional insured with respects to General Liability and Automobile Liability as their interest may appear per written contract. 30 day notice of cancellation except for non pay 10 days. CERTIFICATE HOLDER CANCELLATION ORAN181 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Orange County ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 8181 Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:8C7BFBB9-1651-495E-B1AF-E7C87809E899 MUTER-1 PAGE 2 NOTEPAD INSURED-S NAME Muter Construction, LLC OP ID:SM Date 01/28/2016 Equipment: Policy #IH6A09690202 Effective: 09/3/15 to 09/03/16 Carrier: Hanover Insurance Group Limits: *$150,000 Any one piece of contractors equipment *$315,375 Any one occurrence Deductible: $2,500