HomeMy WebLinkAbout2016-658-E AMS - Sunrise Contracting Services for Whitted Building A Epoxy Floor DocuSign Envelope ID:038AA2A6-7F79-44E1-8EFB-45387C88C836
[Departmental Use Only]
TITLE Whitted A Building Flooring
FY 2016-17
NORTH CAROLINA
CONSTRUCTION AGREEMENT UNDER$250,000.00
ORANGE COUNTY
THIS CONSTRUCTION AGREEMENT (hereinafter called "Agreement"), made as of the 20th
day of October, 2016, by and between Sunrise Contracting Services, (hereinafter called the "Contractor"),
and Orange County, a body politic and a political subdivision of the State of North Carolina, (hereinafter
called the "Owner").
WITNES SETH:
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 NA (Sheet NA dated NA)
b. Written specifications prepared by the project engineer.
c. Sunrise Contracting Services proposal dated October 4, 2016 which fully describes the
work to be performed. Such work will hereafter be called the "Work".
d. Related documents listed under Section 1 above.
3. TERM AND SCHEDULING
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a. The Contractor agrees to commence work pursuant to the written Notice to Proceed.
b. The Contractor agrees to complete substantially all Work by November 30, 2016.
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. If activities related to the perfoiluance of this Agreement require specific licenses,
certifications, or related credenf GIs Contractor represents that it and/or its employees,
agents and subcontractors engag I in such activities possess such licenses, certifications,
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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 Ninety-Four Thousand, Six Hundred Ninety One Dollars ($94,691.00). Not later
than the fifth (5th) day of each calendar month the Contractor shall submit to the Owner's
Representative, generally the architect if an architect is retained on the Work, a Request for
Payment for work done during the previous calendar month.
i. The Request for Payment shall be in form of a standardized invoice or AIA
Document G702-703 appropriately addressed to Owner's Representative at 131 W.
Margaret Lane, Hillsborough, NC 27278 and shall show substantially the value of
work done during the previous calendar month.
ii. The amount due for payment shall be ninety-five percent (95%) of the value of
work completed since the last Request for Payment and this amount shall be paid
by the Owner on or before the last business day of the month. Owner shall retain
five percent(5%).
1. Upon Owner's Representative's certification that ninety percent (90%) of
the Work has been satisfactorily completed retainage may be discontinued.
Retainage may be discontinued, at Owner's Discretion, so long as work
continues to be completed satisfactorily and on schedule.
iii. Final payment shall not be due to the Contractor until thirty (30) days after one
hundred percent (100%) of the Work, including punch list work, has been
satisfactorily completed and an appropriate affidavit as required in Section 7(c)
below has been received by Owner.
b. Should Owner reasonably determine that Contractor has failed to perform the Work related
to a Request for Payment, Owner, at its discretion may provide the Contractor ten (10)
days to cure the breach. Owner may withhold the accompanying payment without penalty
until such time as Contractor cures the breach.
i. Should Contractor or its representatives fail to cure the breach within ten (10) days,
or fail to reasonably agree to such modified schedule, Owner may immediately
terminate this Agreement in writing, without penalty or incurring further obligation
to Contractor.
ii. This section shall not be interpreted to limit the definition of breach to the failure to
perform the Work related to a Request for Payment.
c. The Contractor has included in the Contract Price and shall pay all taxes assessed by any
authority on the Work or the labor and materials used therein. It shall be the Contractor's
responsibility to furnish the Owner documentary evidence showing the materials used and
sales and use tax paid by the Contractor and each of its subcontractors.
6. INSURANCE AND BONDS
a. Minimum requirements — Contractor shall obtain, at its sole expense, Commercial General
Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any
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 I ;quirements (each document is incorporated herein by
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reference and may be viewed at
http://www.orangecountync.gov/departments/purchasing_division/contracts.php). If
Owner's Risk Manager determines additional insurance coverage is required such
additional insurance shall be designated here NA (if no additional insurance required mark
N/A as being not applicable). Contractor shall not commence construction work until such
insurance is in effect and certification thereof has been received by the Owner's Risk
Manager.
b. Performance Bonds — Contractor shall furnish bonds covering the faithful performance of
the Contract and payment of all obligations arising under any of the Contract Documents
or related in any way to the Work. Contractor shall immediately furnish a copy of such
bonds to any requesting person who appears to be a potential beneficiary of bonds
covering payment obligations arising under any of the Contract Documents. This
subsection 6(b) applies only to Contracts of fifty thousand dollars ($50,000.00) or more
where the total cost for the project is three hundred thousand dollars ($300,000.00) or
more.
7. INDEMNITY
a. The Contractor shall indemnify and hold harmless to the extent permitted by law the
Owner and its agents and employees from and against any and all claims, damages, losses
and expenses, including attorney's fees, arising out of or resulting from the performance or
nonperformance of the Work, provided that any such claim, damages, loss or expense (A)
is attributable to bodily injury, sickness, disease or death or injury to, or destruction of,
property, including the loss of use resulting therefrom; and (B) is caused in whole or in
part by any breach of any provision of the Agreement or by any negligent or wrongful act
or omission of the Contractor, any Subcontractor, or supplier of the Contractor, anyone
directly or indirectly employed by any of them or anyone for whose acts any of them may
be liable. The indemnification obligation under this paragraph shall not be limited in any
way by any limitation of the amount or type of damages, compensation or benefits payable
by or for the Contractor or any subcontractor under workers' compensation acts, disability
benefits acts or other employee benefit acts.
b. The Contractor shall indemnify and hold harmless Owner from any lien of whatever type
through the purchase of appropriate bonds and insurance as designated in Section 6 above.
In the event any such lien is filed against Owner's property Contractor shall, through such
bonds and insurance or at Contractors expense, defend Owner against all such claims of
lien.
c. Upon completion of the Work the Contractor shall execute an affidavit stating there are no
unpaid debts for any work that has been done or materials that have been furnished to the
Project prior to and as of the date of substantial completion and further stating that
Contractor shall indemnify, save and protect Owner and Owner's lender, if any, harmless
from and against any and all claims, liabilities, losses, damages, causes of action, and
expenses (including court costs and reasonable attorney's fees related thereto) arising out
of, in connection with, or resulting from any such debts and liens. Such indemnification
shall be in a form and substance acceptable to Owner.
d. By executing this Agreement r'ontractor agrees to abide by and be bound by the
indemnification provisions herein Ind of Section 7(c) specifically.
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8. DISPUTE RESOLUTION AND GOVERNING LAW
a. 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.
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.
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 perfoilu the Work
in such a manner as to meet all scheduled timelines. Any failure to faithfully and
diligently perform the Work may be deemed, by the Owner, a breach of the
Contract.
ii. If a claim is made such claim shall be made to the initial decision maker, if
applicable, who may request more supporting data, reject the claim in whole or in
part, approve the claim in whole or in part or advise the parties the claim is unable
to be resolved.
iii. If a claim is made by the Owner the Owner may, but is not obligated to, notify the
surety.
9. NON—APPROPRIATION
a. Contractor acknowledges that Owner is a governmental entity, and the validity of this
Agreement is based upon the availability of public funding under the authority of its
statutory mandate.
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.
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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 Sunrise Contracting Services
Attn: Angel Barnes 4603 Hillsborough Road
P.O. Box 8181 Suite H
Hillsborough,NC 27278 Durham,NC 27705
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.
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. By executing this Agreement Contractor affirms that Contractor and any subcontractors of
Contractor are and shall remain in compliance with Article 2 of Chapter 64 of the North
Carolina General Statutes.
g. By executing this Agreement Contractor certifies that Contractor has not been identified,
and has not utilized the services of any agent or subcontractor, on the list created by the
State Treasurer pursuant to G.S. 147-86.58.
h. Contractor shall at all times rei ain in compliance with all applicable local, state, and
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federal laws, rules, and regulations including but not limited to all state and federal anti-
discrimination laws, policies, rules, and regulations and the Orange County Anti-
Discrimination Policy. Any violation of this requirement is a breach of this Agreement
and County may immediately terminate this Agreement without further obligation on the
part of the County. This paragraph is not intended to limit and does not limit the definition
of breach to discrimination.
i. 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 NA.
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 to-rninate 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.
14. ENTIRE AGREEMENT
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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 onty by written instrument signed by both parties.
Modifications may be evidenced by facsimile signatures. If any provision of the Agreement shall be
declared invalid or unenforceable,the remainder of the Agreement shall continue in full force and effect.
[SIGNATURE PAGE TO FOLLOW]
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DocuSign Envelope ID:038AA2A6-7F79-44E1-8EFB-45387C88C836
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
- UocuSignetl by: U S g tl by:
t500,1it.hAntrsk Paff Suur((
Signature Signature
County Manager
Patti sewell office Manager
Printed Name and Title
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DocuSign Envelope ID:038AA2A6-7F79-44E1-8EFB-45387C88C836
Sunrise Contracting Services
4603 Hillsborough Rd.Suite H
mow,, 1
w Durham,NC 27705
,S
w
CONTRACTING SERVICES Phone:919.309.7713
Fax:919.309.7793
October 4, 2016
Orange County
Attention: Angel Barnes
Reference:Whitted Building A- Medical Center
Epoxy Flooring
Proposal for the above work in the amount of $94,691.00
This proposal includes offices on both sides of hallway and includes main hallway.
® Demolition of VCT and haul debris to dumpster
® Epoxy flooring
® 1 each door and frame
® Air scrubbers-3 each
® Pods-4 each
®
Dumpster- 1 each
® Clean up
® Supervision
DocuSign Envelope ID:038AA2A6-7F79-44E1-8EFB-45387C88C836
L ;uSign'Envelope ID:D62F2210-0C4B-4230-A651-1AABDDF342CE
SUNRCON OP ID:CB
A. ' DATE
CERTIFICATE LIABILITY INSURANCE NC 071271 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 pollcy(les) 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
The Sorg! Insurance Agency Phone:919-682-4814 NAME; Christine Barnett
9 PHONE FAX
16 Consultant Place Suite 102 Fax:919-682-4906 c No,Exq: 919-682.4814 (ac,No): 919-6132 490-6
Durham, NC 27707DDRESS:chris @sorgiinsurance.com
Rodney Allison
INSURER(S)AFFORDING COVERAGE NAIC f
INSURERA:Erie Insurance Exchange 26271
INSURED Sunrise Contracting INSURER B:Builders Mutual Insurance Co;
Services LLC
4603 Hillsborough Rd Ste H INSURER C:
Durham, NC 27705 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 ADUL SUBK POLICY EFF POLICY-EXP
LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER IMMIDDrYYYYI IMMIDDIYYYY) LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000
A X COMMERCIAL GENERAL LIABILITY 4381350687 02/13/2016 02/13/2017 DAMAGE to RENTED
PREh115ES(Ea occurrence) $ 2,000,000
CLAIMS-MADE X OCCUR •MED'EA'(My one.person) $ 10,000
PERSONAL&ADV INJURY ,$ 2,000,000
• GENERAL AGGREGATE $ 4,000,000
GEN'L AGGREGATE LIMIT APPLIESPER: PRODUCTS-COMP/OP AGG $ 4,000,000
) -1.POLICY^PE0. LOC '$
.AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
(Ea accident) $ 1,000,000
A ANY AUTO 0010141609 02/13/2016 02/13/2017 BODILY INJURY(Per person) $
ALL
OWNED X zOEDULED
BODILY INJURY.(Per accident) $
AUT
AOSWNED. PROPERTY HIRED AUTOS Peracnt) $ -
X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 5,000,000
A EXCESS LIAR CLAIMS-MADE 0261370214 02/13/2016 02/13/2017 AGGREGATE $ 5,000,000
DED RtIENTION $ $
WORKERS COMPENSATION X W ST 7U OTH
AND EMPLOYERS'LIABILITY "YIN TORY LPMRS ER
B ANYPROPRIETORIPARTNERIEXECIJIIVE WCP2545512 11/18/2015 11/18/2016 E.LEACHACCIDENT $ 1,000,000
OFFICER IEMBEREXCLUDED?' N NIA
(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,600
Iryes,describe under
DESCRIPTION OF OPERATIONS below E,L.DISEASE—POLICY LIMIT_$ 1,000,000
A nland Marine Q381350687 02/13/2016 02/13/2017 Contr.Equ 41,500
A "Special Form' PROPERTY 02/13/2016 02/13/2017 Rental Eq 25,000
DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required)
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
a CCUn THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Orange ry ACCORDANCE WITH THE POLICY PROVISIONS.
PO Box 8181
Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE
01988-2Q1,OACORD.CORPORATION. All rights reserved. •
ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD