HomeMy WebLinkAbout2019-029-E AMS - WXProofing Link building sealing DocuSign Envelope ID:5F8D875E-969F-44D2-B301-E6E756DDE589
NORTH CAROLINA CONSTRUCTION SERVICES
AGREEMENT UNDER$50,000
ORANGE COUNTY
THIS CONSTRUCTION AGREEMENT (hereinafter"Agreement"), is made and entered
into this 17th day of Janaury, 2019 by and between Orange County, North Carolina (hereinafter
the "Owner") parry of the first part; and WxProofing 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 17, 2019 through Janaury 17, 2019. The
Project Commencement Date shall be October 1, 2018. Dollar Amount Not to Exceed: Twelve
Thousand Three Hundred Twenty Dollars ($12,320.00)
2. SERVICES
Contractor agrees to provide the following construction services (the "Work"): Labor and
materials to perform sealant and water repellent at the John Link Jr. Government Services
Building.
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. Contractor is solely responsible for obtaining all permits necessary to complete the
Work in compliance with local, state, and/or federal law. The Contractor is responsible for all
physical damage to owned or rented machinery, tools, equipment, forms, and other items owned,
rented or used by the Contractor and/or Subcontractor(s) in the performance of the Work
including all of Owner's property in Contractor's care, custody, or control, and all such property
while it is in transit.
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.
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DocuSign Envelope ID:5F8D875E-969F-44D2-B301-E6E756DDE589
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.oran eg 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
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Contractor shall not assign all or any part of this Agreement, including rights to payments, to
any other parry 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. The policy is incorporated
herein by reference and may be viewed at
http://www.oran eg countync. og v/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 eg countync._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
Revised 12/18 3
DocuSign Envelope ID:5F8D875E-969F-44D2-B301-E6E756DDE589
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 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 I IA and Article 40 of North Carolina General Statute
Chapter 66.
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
1/22/2019 1/18/2019
$ �]autkit.�[euxwty� $ I�atr}l4tcl]awt�L
County Manager WxProotng LLC
200 S. Cameron St. PO Box 8030
P.O. Box 8181 Greesboro,NC
Hillsborough,NC 27278 27419
Revised 12/18 4
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APPLICATION AND CERTIFICATION FOR PAYMENT AIA DOCUMENTG702 PAGE ONE 6FTWO
CD
TO OWNER: PROJECT: Link Building-Additional APPLICATION NO: 1 Distribution to: CD
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Orange County Application Date: 11/25/2018 =OWNER q
P.O.Box 8181 =DESIGN-BUILDER IT
Milsborough,NC 27278 PERIOD TO: 11/30/2018 w
FROM DESIGN-BUILDER: �
WxProofin mg LLC CD
CD
P.O.Box 8030 PROJECT NO: 19-036 CD
Greensboro,NC 27419 a
CONTRACT FOR:DESIGN AND CONSTRUCTION SERVICES CONTRACT DATE: I-Au -18
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DESIGN-BUILDER'S APPLICATION FOR PAYMENT W
The undersigned Design-Builder certifies that to the best of the Design-Builder's knowledge, R
Application is made for payment,as shown below,in connection with the Contract. information and belief the Work covered by this Application for Payment has been m
Continuation Sheet,AIA Document G703,is attached. completed in accordance with the Contract Documents,that all amounts have been paid by m
the Design-Builder for Work for which previous Certificates for Payment were issued and -4
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payments received from the Owner,and that current payment shown herein is now due.
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1- ORIGINAL CONTRACT SUM $ 12,320.00 m
2. Net change by Change Orders $ 0.00 DESIGN-Bill E u►►►►tt►uuxHhl,'0r� 00
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3. CONTRACT SUM TO DATE{Line 1 2} $ 1 2,32q 00a�` �E CRlS •.,,�
4, TOTAL COMPLETED&STORED TO $ 12,320,00
DATE (Column G on G703) By: Date: ` 6 ( �P TA 1�
5. RETAINAGE
a. 0.0% of Completed Work $ 0.00 State of 1[J0 LX� ��C�L��1�i�L County of:�.i,c
{Column f+Eon ate} Subscribed and sworn to before me this to 4y of rIVbV +-c 3�� 'zz CK `
&. 0.0°/a of Stored Material $ p.00 Notary Publi � ►°lJgLtiC �
{Column F on G703) My Commissia expires: �] [ Z ,yn'� _�0
Total Retainage{Lines 5a+5b or
Total in Column I ofG703
} $ 0.00 ARCHITECTS CERTIFICATE FOR PAYMENT +n1,, 0VN''���
6- TOTAL EARNED LESS RETAINAGE $ 12,320.0D In accordance with the Contract Documents,based on on-site observations and the data
(Line 4 Less Line 5 Total) comprising the application,the Architect certifies that to the best of the
T LESS PREVIOUS CERTIFICATES FOR Architect's knowledge,information and belief the Work has progressed as indicated,
PAYMENT{Line 6 from prior Certificate} $ 0.00 the quality of the Work is in accordance with the Contract Documents,and the Design-Builder
8. CURRENT PAYMENT DUE $ 12,320-00 is entitled to payment of the AMOUNT CERTIFIED-
9. BALANCE TO FINISH,INCLUDING RETAINAGE S 0-00
{Line 3 less Line 6} AMOUNT CERTIFIED.-..._-....$
CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS (Allach explanation rfaino4w certified dli fersfr om the amount applied.Initial all figures on this
Total changes approved Application and onthe Continuation Sheet that are charged to conform with the amount cer•ifred)
in previous months by Owner $0-00 $0.00 ARCHITECT:
Total approved this Month $0.00 $0.00 By: Date:
TOTALS $0.00 $0.001 This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the
Design-Builder named herein.Issuance,payment and acceptance of payment are without
NET CHANGES by Change Order $0.00 prejudice to any rights of the Owner or Design-Builder under this Contract.
AIA DOCUMENT G702•APPLICATION AND CERTIFICATION FOR PAYMENT 1W2 EDITION A1Ae•0 t992 THE AMERICAN INSTITUTE OF ARCHnECTS,1785 NEW YORK AVE..N.W.,WASHINGTON.OC 2006.5292
Users may obtain validation of this document by requesting a Completed AIA Document D401-Certification of Document's Authenticity from the Licensee.
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APPLIGATION AND CERTIFICATE FOR PAYMENT,containingcn
APPLlGAT1ON NUMBER: 1 �
APPLICATION DATE: 11/25/2018 m
In tabulations below,amounts are stated to the nearest dollar. PERIOD TO: 11 30 2018 0
DESIGN-BUILDER'S PROJECT NO.: 19 036 -00
Use Column(I)on Contracts where variable re#ainage for line items may apply. m
Item Description of Work o
p Scheduled WORK COMPLETED Stored Total Completed and Balance Retainage T
No, Value PreviousrApplf.,'atio,
s Materials Stored to Date To Finish 0'
0
Applications 00
(A) Lumn Sum {g) Cn
(G) (D) 3 (F) (G)(D+E+F) % (H)(C-G) {IJ cmo
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71
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Link Building-Additional o
Sealants/Water Repellent $ 12,320.00 $ 12,320,00 $ 0.00 $ 12,320,00 100% $ 0.00
o_
TOTAL BILLING $ 12,320,00 $ $ 12,320.00 $ m
$ 12,320.00 100% $ $ - m
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Continuation Sheet
Page 2 of 2
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GENERAL CONTRACTOR FINAL WAIVER OF LIEN
KNOW ALL MEN BY THESE PRESENTS,THAT WHEREAS,the undersigned has been employed by:
Orange County
(Owner)
To furnish labor and materials for work under a contract forth e construction of:
Link Building-Additional
(Project Name)
Located at 200 S Cameron St Hillsborough,NC
(Project Address)
in the county of: Guilford
in the state of: North Carolina
NOW THEREFORE,this day of 1IJ29/2018 for and in consideration of the final
payment in the amount of$ 12,320.00 to be paid after approval of our request,the
Undersigned does hereby waive and release, contingent upon aforesaid payment,any lien rights to,or
claim of lien with respect to and on the monies or other considerations due or to become due from the
owner by virtue of said contract,on account of labor,services, materials,fixtures, apparatus or
machinery furnished by the undersigned to or for the above-described premises.
WxProvfing LLC
Contractor
By:
Title: Sr.Project Manager
State of: 0-1h County of: 1
Subscribed and sworn to me this l day of �i" Q•{ri� " R�l�
Notary Publ P
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My Commission Expires. 624 m}' - -
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DocuSign Envelope ID:5F8D875E-969F-44D2-B301-E6E756DDE589
AC�RDa DATE(MMIDDIYYYY)
CERTIFICATE OF LIABILITY INSURANCE 09/26/2010
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 IfNSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the pollcy(ies)must have ADDITIONAL INSURED provisions or 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 Robin Turner
NAME:
Reiafion Insurance Services of!North Carolina.Inc. (A ICC.N E:1: (338)855-7829 Arc No): (336)907-2173
4900 Koger Blvd ADDRESS: robin.turner®relationinsurance.com
Suite 450 INSURERS)AFFORDING COVERAGE NAIC#
Greensboro NC 274D7 INSURER : Capitol Specialty Insurance CO 10328
INSURED INSURER B: Ohio Security Insurance Co 24082
WxProofing,LLC INSURER C• Ohio Casualty Insurance Co 24074
INSURER D
PO Box BD30 INSURER E:
Greensboro NC 27419 INSURER F
COVERAGES CERTIFICATE NUMBER: 18119 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAYBE 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.
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER M MID DrYYYY M MID DIYYYY LIMITS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
CLAIMS-MADE FxR OCCUR PREMISES Ea occurrence $ 1001000
ME EXP(Any oneperson) $ 5,000
A X, Pollution Liability Y CT2017215102 10/01/2018 10/01/2019 PERSONAL BADVINJURY S 1,000,000
GEhrLAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s 2.000,000
POLICY E° El LOC PRODUCTS-COMPIOPAGG s 2,000,000
OTHER: Pollution Liability S 1,000,000
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
Ea accidant
'X ANY AUTO BODILY INJURY(Per person) $
B OWNED SCHEDULED y BAS58242107 1 DI0112D18 10/01/2019 ROD]LY INJURY(Peraoddent) S
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE
K AUTOS ONLY X AUTOS ONLY Per accldent $
a
�( UMBRELLA LIAR X[CLAIMS-MADE
OCCUR EACH OCCURRENCE 3 5,000.000
A EXCESS LIAR Y EV2017215902 10/01/2018 10/01/2019 AGGREGATE 3 5,000,000
❑ED I I RETENTION$ $
WORKERS COMPENSATION x SER
ERH
AND EMPLOYERS'LIABILITY Y I N
ANY PROPRIETORIPARTNERIEXECUTIVE E.L.EACH ACCIDENT $ 1,000.000
B OFFICER/MEMBER EXCLUDED? N 1A XW55815791 fi 10101l2018 10l01l2019 1,000,000
(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S
Iryea,daccaba undcr 1,000,000
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S
Leased/Rented Equipment
LeasedlRented Property 100,000
C. EM059048027 10/01/2018 10/0112019
DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached irmore space Is required)
Orange County is included as an Additional Insured with regard to General,Auto and Um b re I WE xcess Liability as required by contract.
CERTIFICATE HOLDER CANCELLATION
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.
AUTHORIZED REPRESENTATIVE
PO Box 8181
Hillsborough NC 27278
d 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD