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HomeMy WebLinkAbout2016-223-E AMS - Tibbens Construction, Inc. for Whitted Rm. 210 renovation DocuSign Envelope ID: C057BFCE-FE50-48B8-990C-1588389F9587 NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$50,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this 22th day of April, 2016 by and between Orange County,North Carolina (hereinafter the "Owner") parry of the first part; and Tibbens Construction Inc. (hereinafter the "Contractor"), party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the Owner hereby contracts for the construction services of the Contractor, and the Contractor agrees to provide the construction services to the Owner in accordance with the terms of this Agreement. 1. TERM AND MAXIMUM AMOUNT PAYABLE Beginning and ending dates of contract: April 18, 2016 through May 27, 2016. The Project Commencement Date shall be April 22, 2016. Dollar Amount Not to Exceed: Fourteen Thousand, Three hundred Sixty Five Dollars. ($14,365.00) I 2. SERVICES Contractor agrees to provide the following construction services (the "Work"): Provide all labor and materials to complete Renovations for Whitted Building, Room 210, located at 306 Revere Road, Hillsborough NC 27278. These services include installing sheetrock walls per plans, paint all new construction to match the existing interior. Install (2) additional doors, and install additional room signage for door at room #212. Relocate air returns and supplies as required to keep air flow consistant with current conditions. Parks & Recreation Building: Existing Office Space for (3) members shall be deconstructed and the floor repaired to match existing. Relocate and set up furniture from existing offices located within the Parks &Recreation Building. All Electrical shall be provided by others. Contractor shall provide schedule for renovations and de-construction of two spaces prior to the start of work. 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. Revised 1/16 1 DocuSign Envelope ID: C057BFCE-FE50-48B8-990C-1588389F9587 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 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 fin-ther 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 http://www.oran eg coun ne. ov/departments/purchasing division/contracts php). 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. 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, Revised 1/16 2 DocuSign Envelope ID: C057BFCE-FE50-48B8-990C-1588389F9587 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 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 Revised 1/16 3 DocuSign Envelope ID: C057BFCE-FE50-48B8-990C-1588389F9587 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 11A and Article 40 of North Carolina General Statute Chapter 66. [SIGNATURE PAGE TO FOLLOW] Revised 1/16 4 DocuSign Envelope ID: C057BFCE-FE50-48B8-990C-1588389F9587 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 D—Signed by: DOCUSig ned by: B 156V-W't' t�awurS� B hAV1c I IbbU&S Y c333HZE5 County Manager Mark Tibbens 200 S. Cameron St. Tibbens Construction Inc. P.O. Box 8181 849 Moose Track Trail Hillsborough,NC 27278 Cedar Grove,NC 27231 Revised 1/16 5 DocuSign Envelope ID: C057BFCE-FE50-48B8-990C-1588389F9587 E s t Im tvo% 11 II ..................................................................................................................................:..... .1...... ..................... FROM: Tibbens Construction Page. No. 1 of 1 849 Moose Tracks Trl .Cedar Grove NC. 27231 919-643-2856 c#919-667-5366 PROPOSAL SUBMITTED TO: Orange Co. ATT: Asset management. Whitted bldg. Rm 210 , parks & Name: recreations bldg.area#3 renov. Phone: 919-245-2628 Street: 131 west Margaret sLane City: Hillsborough NC. 27278 1 propose to furnish all materials and perform all labor necessary to complete the following: Renovations to Room#210 in the Whiffed Biulding & area #3 in adjacent recreation biulding as discussed at site visit and as per plans provided by owner, Demo walls at area#3 in recreation building and relocate furniture to whitted building room#210 as discussed at site visit. $1,800.00 Construct 63'x-3 5/8"metal stud walls up p to existing ceiling. -New walls will be sheeted with 5/8" d wall and painted to match existin g walls. -2 new Doors, trim and hardware will match existing. $12,665.00 Existing fire alarm and sprinkler system will be modified as needed as discussed at site visit on 3-29-2016 with fire marshal for Orange Co. The modifications are as follows: -Install 2 sprinkler heads $2000.00 -Engineering fees for fire sprinkler work. $1,500.00 -1 strobe light at new rear office room #210 Whitted building, relocate 1 smoke detector in room #210 to new storage room#212 remaining. 1 heat detector in kitchen and 1 strobe light in main room at area#3 adjacent recreation building. $2,136.00 -Microwave oven must be removed from kitchen at room #211 at whitted bldg. or place new door to close of kitchen. Price for new door will be- $1,500.00 Electrical will be installed as per.code and per plans provided. (All existing receptacles remain) Race ways for CAD-5 cable will be terminated above ceiling at 4 locations.( Existing to remain) 7 new receptacle outlets to be added. 3 new light fixtures to be added.( Match existing) All receptacles and/or switches at existing exterior masonary walls will be surface mounted. Existing flooring to remain. $5,000.00 All permit fees and fire marshal fees will be paid by contractor. Estimated time to complete will be 3-4 weeks weeks. . www.socrates.com Page 1 of 2 SS4301-340•Rev.05/04 DocuSign Envelope ID: C057BFCE-FE50-48B8-990C-1588389F9587 MARKT-1 OP ID:JE CERTIFICATE OF LIABILITY DATE(MM/DD/YYYY) 04/14/2016 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 CONTACT All United Insurance Agency All United Insurance Agency Co PHONE FAX 9716-B Rea Road,#123 A/c No Ext;866-484-8656 A/c No): 866 362-9807 Charlotte,NC 28277 E-MAIL All United Insurance Agency Co ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Main Street America Insurance 11066 INSURED Mark Tibbens DBA INSURER B: Mark Tibbens Construction 849 Moose Tracks Trail INSURER C: Cedar Grove, NC 27231 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. ILTR TYPE OF INSURANCE DDL UBR POLICY NUMBER MM/DD/YYYY MM/DD�YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 300,000 A X COMMERCIAL GENERAL LIABILITY X MPG1466K 02/28/2016 02/28/2017 PREMISES Ea occurrence $ 500,000 CLAIMS-MADE FxI OCCUR MED EXP(Any one person) $ 103000 PERSONAL&ADV INJURY $ 300,000 GENERAL AGGREGATE $ 600,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 600,000 X POLICY PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident B X ANY AUTO B109698J 11/18/2015 11/18/2016 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ L 1 $ AUTOS PER ACCIDENT UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE❑ N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Job Location: Whitted Building 308 Tryon Street Hillsborough NC 27278 I CERTIFICATE HOLDER CANCELLATION i ORNGCOU SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange Count THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN g y ACCORDANCE WITH THE POLICY PROVISIONS. 131 West Margaret Lane Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE All United Insurance Agency Co ©1988-2010 ACORD CORPORATION: All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD I