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HomeMy WebLinkAbout2016-691-E AMS - W.L. Bishop Construction Company for Whitted complex flooring upgrades DocuSign Envelope ID: EFA03109-4B44-47A5-81 C8-B2143EC99265 NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$50,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this 5th day of December, 2016 by and between Orange County, North Carolina(hereinafter the "Owner") party of the first part; and W.L. Bishop Construction Co. (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: December 5, 2016 through December 31, 2016. The Project Commencement Date shall be December 5, 2016. Dollar Amount Not to Exceed: Forty Eight Thousand Nine Hundred Sixty-Six Dollars ($48,966.00) 2. SERVICES Contractor agrees to provide the following construction services (the "Work"): Whitted Flooring Complex Upgrades per proposal dated 11/15/16. This work includes an allowance of $2000.00 for any additional cove base that may be needed to complete this project. The base bid is for $46,966.00. This work is in accordance with drawings T-1 Code Summary Sheet dated 10/18/16, Dwg A-1 2nd & 3rd FL Key Plans, General Notes, Flooring Schedule, dated 10/21/16, and Dwg A-2 First Floor Key Plan, Enlarged Key Plan, Elevations, Details, Flooring Schedule dated 10/21/16. 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. Revised 6/16 1 DocuSign Envelope ID: EFA03109-4B44-47A5-81 C8-B2143EC99265 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 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 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. 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. Revised 6/16 2 DocuSign Envelope ID: EFA03109-4B44-47A5-81 C8-B2143EC99265 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. Contractor shall at all times remain in compliance with all applicable local, state, and 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. 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. 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. This Revised 6/16 3 DocuSign Envelope ID: EFA03109-4B44-47A5-81 C8-B2143EC99265 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 6/16 4 DocuSign Envelope ID: EFA03109-4B44-47A5-81 C8-B2143EC99265 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[ OocuSignetl by: ��.X �DOVY/Y'ignetl by: ' l�k,N J(R.�,� By Smi County Manager W.L. Bishop Construction Co. 200 S. Cameron St. 2211 Leah Dr. P.O. Box 8181 Hillsborough,NC 27278 Hillsborough,NC 27278 Revised 6/16 5 DocuSign Envelope ID:EFA03109-4B44-47A5-81C8-B2143EC99265 LAJ Imo o b(,,, TITLE IF 6,1OR US Whittled Domptlex Flooring Lippe les LaCATIOD: Richard I U I i Complete, 300 ca.Trych Read, Hillsborough NC precte,„td : November 8,2016 Tire*:330 hie Location: 13 hilted Complex,300 ch.Tr treel„ Hillsborough, NC 2'1278 Ris,fuested Staff hate: November 21,2016 hoqueitait Compiettan Date: December 23,2016 Soog,i, of Olefin Pre/vibe Dada and IlItaterialls for%Haag per tit:swings T-1: Code Summary Sheet,datedJ 10118110.3 214 Sl FL,Key Rand,. Genera0 Notes, Flooring Schedule, dated 10121/10 Ati2 First Faker Key Plant EnrOarged Key Plan, Elevators, (Deals, Flooting Schedule,dated 10121116 work cuall tatt accordaryre wnh Orange County losbections gen Enefroornetital Health agencies rules cad relpflagons, Contractow shah goducle permits le overall costa )40 "3612,13,47-161 ith work ett be caffecrefal deming normal boas of opelation,stig the exceplion of the 111 floor Orange County Health Department Medlical Receptionist Room carpet installation Contractors shall exclude all anal: related to 1 flax Natty service witodcw.and fire alarm control panel installation, ittio tasegent5 hoop au beta , Ca tin project award contractor.shall provide as schedule and pan includleig the dates for oath 04 the locations work MO be purl inen All work must be ocitasinated wigh Orange County Capital Paged Manager(OD DPW,and building tenants end approved priCi WI start.0:got:actor MO be required to,anertil itiarty Meetings with Orange Courts la review btogress and schesillie for upcoming van, Seely Comply with Orange Countas Safety&Shourily Chtigelirea,plus ell OS'tA and the federal, state and local safely and health requirements. Please provide,breakdown for the bid per line ll'eems,listed boom: Item 1 Vinyl Floor Maleriair $ $7711579. Labor $212„3112t21,13 Tax(if begin:shay 1193 Freight Of&H 41 $ 241. dt, Tfaal Item 1: Sig SYS 407 Item 2:CrIret Floortrit DocuSign Envelope ID: EFA03109-4B44-47A5-81C8-B2143EC99265 liriateriali 5 Labor S. Tax ilif apOficiabie $ re —) Freight flit applicabley, s Total item 2li $ ci 7.3 Grand Total lterins 1 & 2 $ ilili '11 c-erf Include in bid price alit freight costs and all aopiiitable'sales, use or value ad:lard seryrces taxeS, firma:lode a list of afi subcontractors proposed to complete this work, Pte e e ad your pricint back,to Aril Barnes y no tat than n *n EternStand,ati Tim t)ore Noyem'epr 1S,2416 NOTIFICATION REPURE ENTS FOR SERVICES Before arriving on the site to perform a contracted service,the siutarrontractor is required to or the •range County Capital Project Manliager(0C CPM)resicwonsible for this partiniular work„ OC CPM responsible for this work is: Angel Barnes„919,610,8182, or raticarrit [Idepli,„Ln typt liz,liv„ The subcontractor should contact the GC C to notify of the foliewing„ , Advise that they are or: lisite to start.work.. Advise when the work is complete and make arrangements to sign-off on said work, 3. Advise of any delays that may extend the time to complete the work and the estimated completion date, 4, Advise the CC CPM'Oaring the conduct of the work,or lotior to limiliimencernent of the work of any environmental impact that may have occurred (sprits,se :apes,. potential hazardous substances, etc„), 5. Advise the"le CPM of any iitern noticed during the conduct of the work.„ poor to Darn Me 11Cvment of the work that may have an on iirripact safety., 6„ Advise the CC CPM of any item noticed during the conduct of the work.,or poor to commehorment that may cause an interruption to services(such as a power outage,etc.). 7. Please reintact the CC CP. to be sure that all applicable forms Plif required)have been completed prior to iiiiOrk starting ie lie,'Hot criiork IFermir. 8, Acivse the Or CPM of any item noticed during the condirret of the work, or priori to commencement that may also require repairirectification (other than what the original scot of work hovered), U you have any questions please email Angel Barnes (At)aMeiScaprOrange litontyng,gov)a note that at responses win be sent out via addendum 'h ,;;Itt bidders, The Orange County Project Manager s the first point of contr:■Ct for a questionsiconcernstr.tomments. Contractor shah not bornmunteate with cthents during any portion of the work without nofifyling OC CPM first All contract(irs are hereby notified that they must have a proper license as required under the, Nt state Ilawis go‘liclimi ililig their respective trades„ DocuSign Envelope ID: EFA03109-4B44-47A5-81C8-B2143EC99265 General contract(ds ;,'„ire notified that Chapter 87, Artick „ („kneral Statutes of Ncprth wofl 'be'observed. in receiving and awarding genertd cood'acts, General contractors submitting bids cm this project inust have lieenSC cOassifteation for unlindted cortarnemiiai constructic)a. NOTE: Under GS 87-1 and GC Beard Rulle 21 NCA,C 121)210, a contractor that su:a:trait:ends or rniaiiigggst(construction of any bidicfing,„hthoiatv, pubbe utility,grad ling, structstre or dinprovement shall he deemed a"genera t cand.racton and shalt be.so ncensect„ Therefore a single prime project that Ulmove s other trades wdi trequire the s1ngte prime contractor to hotiO proper Generat Contractors con so re,p oh r btaithng projects when the to al gienera construction vatue does not exceed 15%of the totat project,coritracts,then nother trade (P„M„or E.) may contract dirpcith with the■owner as a singie pr me and subcontract other trade: orR, inchAing genera t construction„,to property V icensed contractors,. Payment willt be ma:de based on Minety-five percent(95%)cif monthIly estimates and finat payrrient made upon co,rnpietion and acceptance of work,. No hid reay be wfthdrawn,Emfter the,scheduied ciosting tonic for the receipt of tads for a period of&0 days,. 'rine owner: res.erves the right to rejelet any 01 all bid s and to waive infonnalities„ Designer: (:)wner. Stater Gaititien.„Architect Orange County Government 3.302 St t Mary Road, Hatsboroligh NC 2005 Cameron Street, 4dt:5Porough,NC 27278 (91))732-4'3,123 (9:1.9)),732-8181 DocuSign Envelope ID: EFA03109-4B44-47A5-81 C8-B2143EC99265 BISHOPI OP ID: SB CC:P CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) `••..■ 11/29/2016 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). CONT PRODUCER NAMEACT Tara J.Smithwick First Insurance Services,Inc. P.O.Box 13687 PHONE,EXt):919-941-0549 FAX No): 919-941-0135 RTP,NC 27709 E-MAIL Tara J.Smithwick ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Selective Insurance Company A 12572 INSURED WL Bishop Construction Co INSURER B:Builders Mutual Insurance Co A 10844 2211 Leah Road Hillsborough, NC 27278 INSURERC: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN SR TYPE OF INSURANCE I POLICY EFF POLICY EXP INSD WVD POLICY NUMBER /Y LIMITS (MM/DD YYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X S 1991921 09/04/2016 09/04/2017 DAMAGE TO RENTED PREMISES(Ea occurrence) $ 500,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 POLICY X JECT X LOC PRODUCTS-COMP/OP AGG $ 3,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1 000 000 (Ea accident) , , A X ANY AUTO S 1991921 09/04/2016 09/04/2017 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X N PROPERTY DAMAGE ON-OWNED AUTOS (Per accident) X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAIMS-MADE S 1991921 09/04/2016 09/04/2017 AGGREGATE $ 5,000,000 DED X RETENTION$ 0 $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/" B ANY PROPRIETOR/PARTNER/EXECUTIVE WCP1020372 EXCLUDE 09/04/2016 09/04/2017 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? Y N/A (Mandatory in NH) MIKE&WILLIAM BISHOP E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A Contractors Equip S 1991921 09/04/2016 09/04/2017 Limit 75,000 Leased/Rented Deductibl 1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Orange County is additional insured for General Liability if required by written/executed contract, before a loss. CERTIFICATE HOLDER CANCELLATION ORANGCO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE a County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Oran g ty ACCORDANCE WITH THE POLICY PROVISIONS. 131 W. Margaret Lane,Ste 301 Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE 6 - f -� ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD