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HomeMy WebLinkAbout2018-057-E AMS Foundation Xperts Clean fill and install drainage 127 E King StDocuSign Envelope ID: AF341A71- 841F- 473D- 9DCB- 8567B177FFF7 NORTH CAROLINA ORANGE COUNTY CONSTRUCTION SERVICES AGREEMENT UNDER $50,000 THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement "), is made and entered into this 2nd day of January, 2018 by and between Orange County, North Carolina (hereinafter the "Owner ") party of the first part; and Foundation Xperts (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 2, 2018 through June 30, 2018. The Project Commencement Date shall be January 2, 2018. Dollar Amount Not to Exceed: Seventeen Thousand Six Hundred Eighty -Five Dollars ($17,685.00) 2. SERVICES Contractor agrees to provide the following construction services (the "Work "): Provide labor and materials per proposal dated August 21, 2017 regarding 129 E. King Street, Hillsborough, NC 27278. 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 10/17 1 DocuSign Envelope ID: AF341A71- 841F- 473D- 9DCB- 8567B177FFF7 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.oran e� countync. og v/ 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, without limitation, 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 resulting in property damage or personal injury, including death, or other loss 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 Revised 10/17 2 DocuSign Envelope ID: AF341A71- 841F- 473D- 9DCB- 8567B177FFF7 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. The policy is incorporated herein by reference and may be viewed at http: / /www.oran eg copntync. ov�/departments /purchasing division/contracts.php). 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 non - discrimination laws, policies, rules, and regulations and the Orange County Non - Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http: / /www.oran ec�ountync ov�/departments /purchasing division/contracts.php). Any violation of the Orange County Non - Discrimination Policy 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 Revised 10/17 3 DocuSign Envelope ID: AF341A71- 841F- 473D- 9DCB- 8567B177FFF7 identified, and has not utilized the services of any agent or subcontractor identified, on the lists created by the State Treasurer pursuant to G.S. 147 -86.58 and G.S. 147 - 86.81. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. [SIGNATURE PAGE TO FOLLOW] Revised 10/17 4 DocuSign Envelope ID: AF341A71- 841F- 473D- 9DCB- 8567B177FFF7 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[fiautii�. A-OAKwty� 2/23/2018 By[ 5fvic'��'j County Manager Foundation Xperts 200 S. Cameron St. 2412 B Reichard Street P.O. Box 8181 Durham, NC Hillsborough, NC 27278 27705 Revised 10/17 5 12/27/2017 DocuSign Envelope ID: AF341A71- 841F- 473D- 91DCB- 85676177FFF7 $BB "Big enough to serve, FOUNDATION mT small enough to care. " FOUNDATION REPAIR & WATERPROOFING "Foundation Xperts did a wonderful job solving longstanding drainage and settling problems with my home. They had to work under a tight deadline and stayed within their budget. 1 really appreciate their professional effort. ­—Bill Flowers FX: 129E.KINGSTHILLSBOROUGH August 21, 2017 Contract Submitted To: Orange County Attn: Angel Barnes — Capital Projects Manager 131 W. Margaret Lane, Hillsborough, NC 27278 919 - 245 -2628 (home) Email: abarnes cDorangecountync.gov RE: 129 E. King Street, Hillsborough, NC 27278 RECCOMENDATIONS & PROPOSAL/ CONTRACT Foundation Xperts, LLC, proposes to furnish all labor, materials, and equipment to complete the following scope of work at the aforementioned job location. OBSERVATIONS: Upon your request, I visited 129 E. King Street to quote a price for installing a vapor barrier over the crawlspace floor. There are a couple of issues that should be addressed prior to installing the vapor barrier. • There was evidence of water intrusion into the crawlspace at the time of our visit. The crawlspace floor was wet in some areas and a large trench has started to occur as a result of water flowing through the crawlspace. The block support piers in the crawlspace have wet soil around them and water stains show on the block. • A large corrugated pipe has been installed along the front right side of the crawlspace. The trench that was excavated wasn't backfilled. There is a large mound of soil that runs along the length of the trench. • Along the left side crawlspace wall there is evidence of water intrusion into the crawlspace. • Debris litter the floor of the crawlspace. RECCOMENDATIONS: • Remove all debris from the crawlspace. • Back fill the trench on the front right corner of the crawlspace. Use the soil already in the crawlspace for backfill. Create a level condition with the soil so the vapor barrier will make contact with the soil. • Back fill the eroded area at the front of the crawlspace with #57 stone. Bring the stone up level with the existing soil level. • Cut a hole in the curb that exists in the crawlspace so water can flow into the main drain line. • Cover 100% of the crawlspace floor with 6 mil vapor barrier. Lap all seams at least 12" (6" each way). TOTAL COST: $10,120.00 2412 B Reichard Street Durham, NC 27705 919 - 479 -7100 Fax: 919 - 479 -7144 I Qv�� North C. Builders Home Association DocuSign Envelope ID: AF341A71- 841F- 473D- 91DCB- 85676177FFF7 FX: 129E.KINGSTHILLSBOROUGH August 21, 2017 Contract Submitted To: Orange County Attn: Angel Barnes — Capital Projects Manager 131 W. Margaret Lane, Hillsborough, NC 27278 919 - 245 -2628 (home) Email: abarnes cDorangecountync.gov RE: 129 E. King Street, Hillsborough, NC 27278 LEFT SIDE CRAWLSPACE WALL Install an interior French Drain System along the entire left side crawlspace wall. The French Drain System will be installed at the footing level of the wall and be sloped so water flows to the existing drain line in the crawlspace. This estimate assumes a maximum footing depth of 3 feet to the bottom of the footing, if conditions exist that are different from that, a price would be determined and agreed upon by both parties prior to proceeding with work. TOTAL COST: $ 7,565.00 Conditions: Terms And Responsibility Upon Acceptance of Proposal and Contract: • Foundation Xperts, LLC, will call ULOCO (Utility Locating Service) to have any gas lines, phone lines, power lines, cable lines, water lines (where applicable), are properly marked before starting the contracted job. g.4L,4N0F,r1kF kPON)Og COMPLETION We accept cash ana check. 4 ncOnthle seY ✓GGe cG/GTYge o f 1.5?o per ntaptth will be aa'a'ea to aksa therea fter accrue upon the unpaca balance o f all invoices that are 10 aa(y -- past a'ue. Founaation xperts is a NC Licensea ceneraC Contractor,��1 Acceptance of Proposal: The above prices and conditions are satisfactory and are accepted. You are authorized to do the work accepted. I /We have read, understand and agree to comply with the proposal terms including the payment of finance charges on past due balances and, if applicable, all collection costs plus reasonable attorney's fee in the event action is commenced against me for nonpayment. Date of Acceptance: Signature: Proposal Submitted By: _ irk. Date: 12/11/201) * *PLEASE READ ALL CONDITIONS AND WARRANTIES WRITTEN IN ACCORDANCE WITH THIS CONTRACTAND INITIAL: This proposal is valid for thirty (30) days upon submission (see date above). Once accepted and signed by owner this proposal becomes a binding contract. DocuSign Envelope ID: AF341A71- 841F- 473D- 9DCB- 8567B177FFF7 ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DDNYYY) T 12/18/2017 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 Crystal Ireland NAME: Y AHCNNO Ext: (919) 968 -4611 ,AX No: (919)968 -8991 Business Insurers of Carolinas E -MAIL cireland @business- insurers.com ADDRESS: 800 Eastowne Drive, Suite 208 PO BOX 2536 INSURERS) AFFORDING COVERAGE NAIC # INSURERA:Builders Mutual Insurance Co. 10844 Chapel Hill NC 27515 -2536 INSURED INSURER B: CLAIMS -MADE � OCCUR INSURERC: Foundation Xperts, LLC INSURER D: 2412 B Reichard St INSURER E: $ 100,000 INSURER F: $ 5,000 Durham NC 27705 COVERAGES CERTIFICATE NUMBER:CL176118705 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 LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP MM /DDNYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS -MADE � OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000 MED EXP (Anyone person) $ 5,000 CPP0048139 6/14/2017 6/14/2018 PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ❑ PRO ❑ LOC JECT X PRODUCTS - COMP /OPAGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COEa aMcc Bident S INED INGLE LIMIT $ 1,000,000 X BODILY INJURY (Per person) $ A ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS PCA0005849 6/14/2017 6/14/2018 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ NON -OWNED HIRED AUTOS AUTOS Underinsured motorist $ 1,000,000 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN X PER X OTH- STATUTE ER A ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? (Mandatory in NH) N/A WCP1011378 6/14/2017 6/14/2018 E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE- EA EMPLOYE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: 129 E. King Street CERTIFICATE HOLDER CANCELLATION abarnes @orangecountync.gov SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 8181 ACCORDANCE WITH THE POLICY PROVISIONS. Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE C Ireland /IREL01 ACORD 25 (2014/01) INS025 (201401) © 1988 -2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD