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HomeMy WebLinkAbout2019-285-E Solid Waste - Hammerstruck LLC SWCC building repair DocuSign Envelope ID:9BA16521-54C1-4D78-BE61-99EECC43994D NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$50,000 ORANGE COUNTY HAMMERSTRUCK LLC THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this 20th day of May, 2019 by and between Orange County, North Carolina (hereinafter the "County" and/or "Owner") party of the first part; and HammerStruck, 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: May 20, 2019 through July 30, 2019. The Project Commencement Date shall be on or after May 20, 2019. Dollar Amount Not to Exceed: Ten Thousand Sixty-Eight Dollars ($10,068.00) 2. SERVICES Contractor agrees to provide the following construction services (the "Work"): Repair and paint three buildings, one located at the Ferguson Road Solid Waste and Recycling Center, 1616 Ferguson Rd, Chapel Hill, NC, one at the High Rock Road Waste and Recycling Center, 7001 High Rock Rd., Efland, NC and one located at the Bradshaw Quarry Waste and Recycling Center, 6705 Bradshaw Quarry Rd., Efland,NC, as set forth on Attachments 1, 2 and 3. 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 Revised 12/18 1 DocuSign Envelope ID:9BA16521-54C1-4D78-BE61-99EECC43994D 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 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. In the event of suspension or termination, the Provider shall be paid that portion of the fees and expenses that it has earned to the date of suspension or termination, less any costs or expenses incurred or anticipated to be incurred by the County due to errors or omissions of the Provider. 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 count)nc. og v/departments/purchasing_division/contracts.ph ). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here (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 Revised 12/18 2 DocuSign Envelope ID:9BA16521-54C1-4D78-BE61-99EECC43994D 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 AND OWNER'S REPRESENTATIVE 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. The County has designated(Cheryl Young) to act as the County's representative with respect to the Work and shall have the authority to render decisions within guidelines established by the County Manager and/or the County Board of Commissioners and shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. 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 ec�ounl3Mc. o�partments/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 Revised 12/18 3 DocuSign Envelope ID:9BA16521-54C1-4D78-BE61-99EECC43994D 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 hlt2://www.oranaecogRtnc.gov/departments/Turchasing 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 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 DocuSigned by: Dom Signed by: By 66ltilAA, J"MK1t Y1^ B �%n po's" 06379946755E477.. 03C416EFF160497 3 Co�._��, .�w�_w ,_ G�___________�__, . ___ _resident 200 S. Cameron St. HammerStruck, LLC P.O. Box 8181 5100 Paschall Hillsborough,NC 27278 Durham NC 27705 Revised 12/18 4 DocuSign Envelope ID:9BA16521-54C1\4D78-BE61-99EECC43994D 1 H�ME — TRUCKG (S I9) 694-1 001 Attachment 1 Bid Proposal Owner Information Contractor Information Orange County Solid Waste Management HammerStruck LLC 7001 High Rock Rd Garrett Paschall: License#80246 Efland, NC 27243 919-968-2788 Project Name: Break Room Fix Up Scope The first step will be removing the existing shingles, rigid vents, tar paper and gutters. Once the roof is completely stripped the sheathing that needs to be replaced will be done at this time. Once the sheathing is nailed down and properly secured the old damaged facial boards will be removed. Once the new facial boards and installed the new roofing felt will be applied. The drip edge will be installed next. The new roll starter strip will be installed with a % inch hangover to give the roof rake a clean look and added protection to the shingle edges. The new dimensional shingles will be installed with the manufactories suggested nail pattern. Once the roof is shingled the last thing added will be the ridge vents and roof caps. The ac unit will be removed at this stage. The rotten trim and siding will be removed. Security cameras and other electrical items will be removed and reinstalled. The damaged wall will then be fixed. Any broke studs will be cut out and want needs to be re framed will be done. The siding will then be reinstalled followed by the window and ac unit trim. The ac unit will then be re installed. The one corner board that is rotten will be removed and reinstalled. The building will be prepped for pressure washing. Once the building has been pressure washed the building will be prepped for painting. Any areas that need to be caulked will be. Once the building is painted and dry the new gutters will be added to the front and rear. All waste will be disposed of on site. Material Description Quantity Dimensional shingles 8 bundles Roof felt 1/3 roll Drip edge 6 10ft sticks Starter strip 2 rolls T111 siding 3 sheets 1x6 Facial boards 5 1x6 corner board 1 Trim boards 6 DocuSign Envelope ID:9BA16521-54C1-4D78-BE61-99EECC43994D HIA►►M�MER�STRUCK'� (991 9) S94-1 001 2x4x93 10 Gutters 2 Total Estimated costs: $3,884.00 Total Estimated Time Frame: 3-5 days DocuSign Envelope ID:9BA16521-54C1\4D78-BE61-99EECC43994D 1 H�ME — TRUCKG (S I9) 694-1 001 Attachment 2 Bid Proposal Owner Information Contractor Information Orange County Solid Waste Management HammerStruck LLC 6705 Bradshaw Quarry Rd Garrett Paschall: License#80246 Mebane, NC 27302 919-968-2788 Project Name: Break Room Fix Up Scope The first step will be removing the existing shingles, rigid vents, tar paper and gutters. Once the roof is completely stripped the sheathing that needs to be replaced will be done at this time. Once the sheathing is nailed down and properly secured the old facial boards will be removed and new facial boards will be installed. Once the new facial boards are installed the new roofing felt will be applied. The drip edge will be installed next. The new roll starter strip will be installed with a 3/ inch hangover to give the roof rake a clean look and added protection to the shingle edges. The new dimensional shingles will be installed with the manufactories suggested nail pattern. Once the roof is shingled the last thing added will be the ridge vents and roof caps. The two sheets of siding that need to be replaced will be removed and the new siding will be installed. The ac unit will be removed and the old trim will be removed. The new trim will be installed and the ac unit will be re installed. The trim around the window will be removed and the new trim will be installed. The one corner board that is rotten will be removed and the new corner board will be installed. Once all the rotten boards are replaced the building will be thoroughly pressure washed. Once the building is cleaned it will be prepped for painting the building will be caulked where needed. The paint provided will be applied to the building. Once all the painting is done and dry the new gutters will be installed on the two sides. The scrape material will be disposed of on site. Material Description Quantity Dimensional shingles 8 bundles Roof felt 1/3 roll Drip edge 6 10 sticks Starter strip 2 rolls T111 siding 2 sheets 1x6 corner board 1 1x6 facial board 6 DocuSign Envelope ID:9BA16521-54C1-4D78-BE61-99EECC43994D HiA►►M�MER�STRUCK'� (991 9) S94-1 001 Window trim 2 boards Ac unit trim 2 boards Total Estimated costs: $3,325.00 Total Estimated Time Frame: 3-4 days DocuSign Envelope ID:9BA16521-54C1\4D78-BE61-99EECC43994D 1 H�ME — TRUCKG (S I9) 694-1 001 Attachment 3 Bid Proposal Owner Information Contractor Information Orange County Solid Waste Management HammerStruck LLC 1616 Ferguson Road Garrett Paschall: License#80246 Chapel Hill, NC 27516 919-968-2788 Project Name: Break Room Fix Up Scope The first step will be removing the existing shingles, rigid vents, tar paper and gutters. Once the roof is completely stripped the sheathing that needs to be replaced will be done at this time. Once the sheathing is nailed down and properly secured the new roofing felt will be applied. The drip edge will be installed next. The new roll starter strip will be installed with a 3/ inch hangover to give the roof rake a clean look and added protection to the shingle edges. The new dimensional shingles will be installed with the manufactories suggested nail pattern. Once the roof is shingled the last thing added will be the ridge vents and roof caps. The next step will be to remove the front two steps and fix the stringers. Once they are leave two new steps will be installed. The next step will be replacing the two sheets of T111 that have rot at the bottom. Once these pieces are removed the new sheets will be installed. The building will be thoroughly pressure washed. The building will be prepped for paint and the siding and trim paint will be applied. The paint provided will be applied. Once the building is painted and dried the existing gutter will be reinstalled on the front. A new gutter will be installed on the rear of the building to prevent any further rotting of the siding. All waste will be dumped at waste site. Material Description Quantity shingles 8 bundles Roof felt 1/3 roll Starter strip 2 rolls Drip edge 6 10ft sticks 2x12x10 1 14ft gutter 10 ft down spout 1 Sheets T111 2 Roof sheathing 4x8 1 2x6x10 2 DocuSign Envelope ID:9BA16521-54C1-4D78-BE61-99EECC43994D HIA►►M�MER�STRUCK'� (991 9) S94-1 001 Total Estimated costs: $2,859.00 Total Estimated Time Frame: 2-3 days DocuSign Envelope ID:9BA16521-54C1-4D78-BE61-99EECC43994D HAMME-2 OP ID: HK Fry1 AC�R DATE(MM/DD/YYYY) `111*� CERTIFICATE OF LIABILITY INSURANCE 05/09/2019 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 CONTACTNAME: Christopher Ives Rubish High&Rubish Insurance Agency PHONE FAX P.O. Box 3040 A/C No El:919-913-1144 A/c,No):919-913-1155 6015 Farrington Rd.Ste 101 E-MAIL chrisr hi handrubish.com Chapel Hill,INC 27517 ADDRESS: g Christopher Ives Rubish INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Erie Insurance INSURED HammerStruck LLC INSURERB: 5100 Paschall Dr Durham, NC 27705 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. INSR TYPE OF INSURANCE DDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DDIYYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,00 CLAIMS-MADE FXIOCCUR Q34 0421315 10/04/2018 10/04I2019 DAMAGE TO RENTED- PREMISES Ea occurrence $ 2,000,00 MED EXP(Any one person) $ 5,00 PERSONAL&ADV INJURY $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,00 POLICY PRO JECT ❑ LOC PRODUCTS-COMP/OP AGG $ 4,000,00 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DIEDRETENTION$ $ WORKERS COMPENSATION j( PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER A ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N Q94 0400757 10/04/2018 10/04/2019 E.L.EACH ACCIDENT $ 1,000,00 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,00 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION ORANGE3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange Count Solid Waste THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN g y ACCORDANCE WITH THE POLICY PROVISIONS. 1514 Eubanks Rd Chapel Hill, NC 27516 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD