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HomeMy WebLinkAbout2021-156-E DEAPR-RES Carolinas LLC driveway pipe replacement DocuSign Envelope ID:3E38OE16-OEE4-4809-9C60-91EC84F8B4C8 [Departmental Use Only] TITLE Twin Creeks Culvert and Pipe FY 2020-2021 NORTH CAROLINA CONSTRUCTION AGREEMENT UNDER$250,000.00 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter called "Agreement"), made as of the Fourth day of March, 2021, by and between RES Carolinas LLC, (hereinafter called the "Contractor"), and Orange County, a political subdivision of the State of North Carolina, (hereinafter called the "County," "Orange County," or"Owner"). WITNESSETH: 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 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 Civil Consultants (Sheet C 1.1, C 1.2, C2.2, C4.1 and C7.1 dated 6-26-20) b. Written specifications prepared by the project engineer. c. Twin Creeks Park Driveway Culvert and Pipe Replacement Project proposal dated February 17th, 2021 which fully describes the work to be performed. Such work will hereafter be called the "Work". d. Related documents listed under Section 1 above. Revised 07/20 1 DocuSign Envelope ID:3E38OE16-OEE4-4809-9C60-91EC84F8B4C8 3. TERM AND SCHEDULING a. The Contractor agrees to commence work pursuant to the written Notice to Proceed. b. The Contractor agrees to complete substantially all Work by June 1, 2021. 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 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 performance of this Agreement require specific licenses, Revised 07/20 2 DocuSign Envelope ID:3E380E16-OEE4-4809-9C60-91EC84F8B4C8 certifications, or related credentials Contractor represents that it or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. f. 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 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. g. The Contractor is solely responsible for obtaining all permits necessary to complete the Work in compliance with all local, state, and federal laws. 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 Eighty six thousand, three hundred Dollars ($86,300.00). 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 P.O. Box 8181 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 (as determined by the County) 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. Revised 07/20 3 DocuSign Envelope ID:3E38OE16-OEE4-4809-9C60-91EC84F8B4C8 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 Requirements (each document is incorporated herein by reference and may be viewed at http://www.oran eg count. og v/departments/purchasing_division/contracis.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. 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. To the extent authorized by North Carolina law the Contractor shall indemnify, without limitation, and hold harmless to the maximum 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. It is the intent of this section that the Contractor shall indemnify the County to the maximum extent allowed by law. 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 Revised 07/20 4 DocuSign Envelope ID:3E38OE16-OEE4-4809-9C60-91EC84F8B4C8 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 Contractor agrees to abide by and be bound by the indemnification provisions herein and of Section 7(c) specifically. 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. The policy is incorporated herein by reference and may be viewed at http://www.oran eg count. og v/departments/purchasing_division/contracts.php). 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 perform 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. Revised 07/20 5 DocuSign Envelope ID:3E38OE16-OEE4-4809-9C60-91EC84F8B4C8 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 or mandated functions, by state 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. 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 RES Carolinas, Attn: Marabeth Carr Attn: Joanne Cheatham P.O. Box 8181 150 Pine Ridge Road Hillsborough, NC 27278 Mount Airy, NC 27020 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 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 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 Revised 07/20 6 DocuSign Envelope ID:3E380E16-OEE4-4809-9C60-91EC84F8B4C8 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 identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. h. 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 list created by the State Treasurer pursuant to G.S. 147-86.81. i. The County has designated (Marabeth Carr) 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 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. j. 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 hqp://www.oran eg counter og v/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. k. 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. 1. In the event of a breach by Contractor Owner has sole authority to determine the reasonableness of Contractor's actions to remedy such breach or complete the performance of its obligations. m. Upon request of the Owner, the Contractor shall submit to County all relevant documentation, including but not limited to,job cost records, to support its claims for final compensation and if such request is made final compensation shall not be due until all relevant documentation is received, reviewed, and approved by Owner. Revised 07/20 7 DocuSign Envelope ID:3E38OE16-OEE4-4809-9C60-91EC84F8B4C8 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. If the Contract Documents do not otherwise address liquidated damages, such damages shall be in the amount of five hundred dollars ($500.00)per day. 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. i. If Owner issues a written order to delay, suspend, or interrupt the Work, and such order is not due to or as a result of any fault on the part of the Contractor or any subcontractor, the Contractor may recover a per diem amount of five hundred dollars ($500.00) per day with a not-to-exceed limit of ten thousand dollars ($10,000.00). ii. 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. iii. If Owner elects to suspend or terminate the contract pursuant to subparagraphs 13.a.i. or 13 a.ii. the sole remedy available to the Contractor are those listed in the subparagraphs and Contractor is not entitled to any right to further claims for any amount owed or disputed or for payment of damages alleged to have been sustained as a result of Owner's order to delay, suspend, or interrupt the Work. b. The Owner may, with cause, order the Contractor to suspend, delay or interrupt the Work in whole or in part for such period of time as the cause remains. i. If Owner issues a written order to delay, suspend, or interrupt the Work, and such order is due to or as a result of any fault on the part of the Contractor or any subcontractor, the Owner may reduce payment at a per diem amount of five hundred dollars ($500.00) per day. c. Contractor may terminate the Contract if, at the Owner's written direction, the Work is stopped for twenty one (21) 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 Revised 07/20 8 DocuSign Envelope ID:3E38OE16-OEE4-4809-9C60-91EC84F8B4C8 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 twenty one (21) consecutive days. d. Either party may terminate this Agreement upon notice to the other party that obligations pursuant to this Agreement are made impossible due to declarations of emergency by Orange County or by North Carolina due to events directly impacting Orange County. Both parties shall remain responsible for all payment and performance due up to the receipt of such notice, but shall have no further obligation or responsibility beyond that date provided the terminating party has taken all reasonable steps to complete the performance of its obligations. 14. ENTIRE AGREEMENT 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 only 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. 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 DocuSigned by: DocuSigned by: L6. 3/9/2021 � � 3/5/2021 Signature gignatureol County Manager operations Manager Printed Name and Title Revised 07/20 9 DocuSign Envelope ID:3E38OE16-OEE4-4809-9C60-91EC84F8B4C8 ORANGE COUNTY—DEPARTMENT USE ONLY Party/Vendor Name: RES Carolinas, LLC Party/Vendor Contact Person: Joanne Cheatham Contact Phone: (336) 320-3849 Party/Vendor Address: 150 Pine Ridge City Mount Airy State: NC Zip: 27020 Department: DEAPR Amount: $86,300.00 Purpose:Replace a drivewU pipe and culvert Budget Code(s): 61370035 860000 20003 Vendor#67053 (N/A if new vendor) Vendor is a BOCC consultant? Yes ❑No® Contract Type: (Check one)New ® Renewal ❑ Amendment ❑ Effective Date Approved by Board Yes❑No® Agenda Date: This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement: DocuSigned by: �� Sfa��� 3/5/2021 Department Director's Signatur Date: Agreements for emergency services or repair'are no�t'subject to the above affirmation. If services related to this agreement have already begun or been completed please briefly describe the nature of the emergency condition that was addressed: Risk Management This agreement is approved for sufficiency ofpon� 9 endcby.standards, specifications,and requirements: aura, rbrvuiib 3/5/2021 Office of the Risk Management Office Date: 7FDCF9176800498... Financial Services This instrument has been pre-audited in tFlYMVIRefMuired by the Local Government Budget and Fiscal Control Act: 0./21. 3/5/2021 Office of the Chief Financial Officer Date: Legal Services This agreement is approved as to AJipg$+nn&*1*:sufficiency: r7661 rbbtA 3/9/2021 Office of the County Attorney Date: e�s�a�-a�uss-- Clerk to the Board Received for record retention: All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Office of the Clerk to the Board Date: Revised 07/20 10 DocuSign Envelope ID:3E38OE16-OEE4-4809-9C60-91 EC841`8134C8 COUNTY OF ORANGE FINANCIAL SERVICES—PURCHASING PO BOX 8181 HILLSBOROUGH, NORTH CAROLINA 27278 ORANGE COUNTY BID NO 367-005306 RFP DATE: January 22, 2021 ATTENTION: INTERESTED VENDORS Orange County requests your competitive quotation to furnish the item(s)listed below for Bid No 367-005306 Orange County Twin Creeks Park Driveway Culvert Replacement Project. Orange County will not hold a site visit.However,it is required that prospective bidders visit the site to appraise for themselves with the conditions affecting the work called for this project.Project location and access information is on the following page.By submission of a bid,the contractor acknowledges he/she fully understands the extent of the project. Please transmit this quotation via email (pdf format), to the Orange County Purchasing Agent- iamaro c(DDorangecountync.Uov by February 17,2021 no later than 5:00pm ITEM# COMMODITIES/GOODS OR SERVICES Provide a labor and materials to renovate pert the scope of work per drawings C1.2 1 Standard Notes and Specifications,C2.2 Existing Conditions and Demolition Plan,C2.0 Site Plan, C4.1Grading &Storm Drainage Plan& details, and C7.1 Erosion control plan and details.Twin Creeks Park Driveway Culvert Replacement, Drawings&Specifications dated 6/26/2020, SUBMIT PRICING ON ATTACHMENT B PLEASE STATE FIRM DELIVERY TIME TO START AFTER RECEIPT OF PURCHASE ORDER: /S DAYS PLEASE STATE NUMBER OF DAYS TO COMPLETE THE PROJECT AFTER COMMENCEMENT: DAYS -,'I—cL 11PES GCi►fjo -72wjE fr/L L,L vie::aT F/ _ Will any people working on this job make less than $14.95 per hourYES NO If yes, the lowest hourly wage to be paid any employee shall be: $ !HOUR **SEE ATTACHED SCOPE OF WORK AND INSTRUCTIONS TO BIDDERS" License f/0 79 (if applicable) FIRM NAME RCS (C�A-0 -i-45, BY 1' (Proposal must be signed in writing) ADDRESS E2 Ala)( Federal ID: t?)u.-n-T- All-Y P-G 0-71130 TELEPHONE:_ 33(c) 3Zo — 35LlI EMAIL: f"GIiTsti7lh�y✓l 11�5. U-5 Orange County Bid Page#1 DocuSign Envelope ID:3E38OE16-OEE4-4809-9C60-91EC84F8B4C8 COUNTY OF ORANGE FINANCIAL SERVICES— PURCHASING PO BOX 8181 ❑ 405 Meadowlands Drive HILLSBOROUGH, NORTH CAROLINA 27278 Scope of Work:The project consists of but is not limited to replacing two drainage culverts under the existing drive to the Cate Farmstead located within the future Twin Creeks Park site.The proposed improvements include replacing an 18"HDPE pipe with an 18"Reinforced Concrete Pipe and constructing a 5'(h)by 8'(w)precast concrete culvert in place on an existing 18" HDPE pipe.Contractor will clean up and restore site post installation of pipe and culvert. Project Location:The proposed work is located at 7906 Old 86 Chapel Hill,NC 27516(south of the Eubanks Rd intersection; See attachment A).The work straddles parcels 9860855268 and 9860843227 and is located within located within the ETJ zoning district of Carrboro,North Carolina;and has been approved for construction per the bid documents. Access:The site is accessed by an existing driveway on Old 86 and is currently impassable due to the two deficient pipe crossings. If visiting the site;there is an old farm road located along the southern most property line for temporary off road parking,Please note:the site is presently developed with vacant farm buildings with the intent to renovate them for future use. Access to these buildings is not permitted. Instructions to Bidders 1.AII bids and proposals shall be for furnishing apparatus,supplies, materials, equipment and/or work and services in accordance with the applicable plans and specifications prescribed by Orange County. 2.Orange County reserves the right to: o award lowest responsible bidder that is responsive, o to reject any or all bids, o And to waive minor irregularities. 3.The successful bidder shall comply fully with the requirements of General Statutes,Section 143-129 and 143-131,as amended. This is an informal range;therefore,there will not be a formal opening. Results will be made available after award. 4.In the event of default by any contractor or vendor,Orange County may procure from other sources whatever service or item is being bid,and holds the contractor responsible for any excess cost occasioned thereby. 5.Payment by check or Electronic Funds Transfer is due thirty days after completion and inspection unless otherwise specifically provided;subject to any discounts allowed. 6.North Carolina sales and use tax shall be included in the bid amount. 7.Bids submitted via email shall be accepted. Email to iamarog_orangecountync.gov. 8.Proposals received after opening date and time shall not be considered. 9.Bids must be signed and submitted on the attached form of proposal 10. The successful contractor shall be responsible for obtaining all permits and inspections. 11. The successful contractor shall be required to agree to and sign the Orange County Construction Agreement(copy attached). Among the items included in that agreement are the County's Insurance requirements and sales tax. 12. All contractors are hereby notified that they must have proper license under the State laws governing their respective trades_ Please display license number on your submittal. 13. Please direct questions concerning this bid document to Jovana Amaro,Purchasing Agent,Orange County Financial Services,(919)245-2651 or via email at mama rogarangecountvnc.gov. The deadline to submit questions is February S.2021.An addendum with the answers to all the questions will be posted on OC website on February 10,2021. Orange County Bid Page#2 DocuSign Envelope ID:3E38OE16-OEE4-4809-9C60-91 EC84F8B4C8 14. It is important that all contractors proposing on this bid periodically check Orange County's website for any Addenda that may be issued prior to the bid submittal date. 15. HB786 imposes E-Verify requirements on contractors who enter into certain contracts with state agencies and local governments. The legislation specifically prohibits governmental units from entering into certain contracts"unless the contractor and the contractor's subcontractors comply with the requirements of Article 2 of Chapter 64 of the General Statutes." (Article 2 of Chapter 64 establishes North Carolina's E-Verify requirements for private employers). It is important to note that the verification requirement applies to subcontractors as well as contractors.The new laws specifically prohibit governmental units from entering into contracts with contractors who have not(or their subs have not)complied with E-Verify requirements. Complete the attached affidavit,and include it with your submittal 16. See attached Orange County Non-Discrimination Ordinance. Complete the attached Orange County Nondiscrimination Certification and include it with your submittal 17. Bid Schedule:the table below shows the intended schedule for this solicitation.Orange Countywill make every effort to adhere to this schedule. Event Responsibility Date and Time Advertisement OC January22,2021 Submit Written Questions Vendor February 5,2021 Provide Response to Questions OC February 10,2021 Submit Proposals Vendor February 17,2021;5:00 pm Orange County Bid Page#3 DocuSign Envelope ID:3E38OE16-OEE4-4809-9C60-91 EC84F8B4C8 Revised Attachment B: Bid Proposal Form: Bid No 367-005306: Orange County Twin Creeks Park Driveway Culvert Replacement Project. Contractor agrees to furnish all materials, labor,wood and any other supplies necessary to complete the scope of work for this project. ITEM COMMODITIES/GOODS OR SERVICES PRICE 1 To replace an existing 18" HDPE pipe with a 18" Reinforced Concrete Pipe $ /5, y63. z3 2 To replace an additional existing 18'HDPE pipe with a 6(h)by 8'(w)precast concrete culvert with headwalls Contractor agrees to furnish all materials, labor, wood Total and any other supplies necessary to complete the scope of work for the sum of: $_7 t3, 3 62,S6 TOTAL.COST Additionally,provide Unit Prices for the following: 1 Removal of unsuitable Soil and disposal off-site $ 8. Z /Per Ton 2 Rock excavation and disposal off-site $ 3 y3. 93 /Per Ton 3 Replacement of suitable soil from off-site $ •13 /Per Ton 4 #57 washed stone $ Z 3 /Per Ton • All work must be completed within 120 days of the project start date (approx.) • Contractor is willing to participate in the County's "Docusign" digital contracting process and enter into a standard contract with the County. (Sighet(ire of Contractor) - I I DocuSign Envelope ID:3E380E16-OEE4-4809-9C60-91 EC84F8B4C8 Attachment C: Addendum Acknowledgement Vendor must initial next to each addendum in order to verify acknowledgement: Addendum#1 Addendum#2 Addendum 43 Addendum #4 Addendum#5 Addendum#6 Attachment D. Site Visit Acknowledgement Contractor must sign below to verify that he/she visited the site to appraise the conditions that will affect the performance of the work called for Orange County Twin Creeks Park Driveway Culvert Replacement Project. I �� (Signature of Contractor) Orange County Bid Page#5 DocuSign Envelope ID:3E380E16-OEE4-4809-9C60-91 EC84F8B4C8 STATE OF NORTH CAROLINA AFFIDAVIT ORANGE COUNTY ########################## I, arrvnvF CIAnr><t,M (the individual attesting below),being duly authorized by and on behalf of 2F5 cnn��� art s �L e-- (the entity bidding on project hereinafter"Employer")after first being duly sworn hereby swears or affirms as follows: 1. Employer understands that E-VerIfV is the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies,or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law in accordance with NCGS§64-25(5). 2. Employer understands that Employers Must Use E-Verify. Each employer,after hiring an employee to work in the United States,shall verify the work authorization of the employee through E-Verify in accordance with NCGS§64-26(a). 3. Employer is a person,business entity,or other organization that transacts business in this State and that employs 25 or more employees in this State. (mark Yes or No) a. YES � or b. NO 4. Employer's subcontractors comply with E-Verify,and if Employer is the winning bidder on this project Employer will ensure compliance with E-Verify by any subcontractors subsequently hired by Employer. This I1?ft,day of 202-1. Signattre of Affiant PrintorTypeName: Tor14.Ne- Grtv� „ State of North Carolina, SV(41V County n -T X Signed and sworn to(or affirmed)before me,this the I � o y:zcn 0 C day of ;_' 20.i 1 Q. =p w z Xn @� My Commission Expires: m o � Notary Public DocuSign Envelope ID:3E38OE16-OEE4-4809-9C60-91EC84F8B4C8 DATE(MMIDD/YYYY) .a►to►,�r� CERTIFICATE OF LIABILITY INSURANCE 02/25/2021 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 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 w certificate does not confer rights to the certificate holder in lieu of such endorsement(s). u PRODUCER CONTACT 9 AOn Risk Insurance Services West, Inc, NAME: Denver CO Office acNri.E■u: (303) 758-7668 ac Nol: (303) 758-9a58 32 1900 16th Street, Suite 1000 E-MAIL 2 Denver CO 80202 USA ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC N INSURED INSURERA: Scottsdale Ins Company 41297 RES Carolinas, LLC INSURER B: Zurich American Ins Co 16535 DBA Carolina Environmental Contracting PQ BOX 1905 INSURER C: Mount Airy NC 27030 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570086143632 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 Limits shown are as requested INSR ADDL SUER POLICY NUMBER POLICY EFF POLICY E%P LIMITS IMM/OnMIVVI .To Aw TYPE OF INSURANCE X COMMERCIAL GENERALLIABILITY n VR50 4 1 7 1 wt EACH OCCURRENCE $1,000,000 CLAIMS-MADE I X OCCUR DAMAGE TO RENTED $350,000 LL rPLRERLSES IEa _ MED EXP(Any one person) S10,000 PERSONAL&ADV INJURY $1,000,00 tv GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $2,000,00 POLICY ❑X ECT p LOC PRODUCTS-COMP/OPAGG $2,000,000 m OTHER O O r B AUTOMOBILE LIABILITY BAP 8633906-00 02/01/2021 10/01/2021 COMBINED SINGLE LIMIT $1,000,000 !Fa amidentl X ANY AUTO BODILY INJURY(Per person) O OWNED SCHEDULED BODILY INJURY(Per accident) Z AUTOS ONLY AUTOS N HIRED AUTOS NON-OWNED PROPERTY DAMAGE V ONLY AUTOS ONLY IPeraccident) 1r N 'AJiS.UMBRELLA LIAB X OCCUR VE50003252 12/31/2020 10/01/2021 EACH OCCURRENCE S5,000,000 L) LIABCLAIMS-MADE occurrence Ba515AGGREGATE $S,000,OOO RETENTION B WORKERS COMPENSATION AND WC863390700 02/01/2021 10/01/2021 X I PER STATUTE OTH EMPLOYERS'LIABILITY YIH ANY PROPRIETOR I PARTNER I E%ECUTIVE E L EACH ACCIDENT $1,000,000 OFFICER] EMBER EXCLUDED? N NIA (Mandatory in NH) E L DISEASE-EA EMPLOYEE $1,000,000 I(yes,describe under nFSCRIPTION OF OPFRATION$tnlfwy E L DISEASE-POLICY LIMIT $1.000.000 J_ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) J Re: Bid No. 367-005306: orange County Twin Creeks Park Driveway Culvert Replacement Project. Evidence of insurance •c CERTIFICATE HOLDER CANCELLATION -4+ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE Sri POLICY PROVISIONS Orange County AUTHORIZED REPRESENTATIVE PO Box 8181, 405 Meadowlands drive, Hillsborough NC 27278 USAs7�/� � n n,�utu�rex cfit�iezd eta ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25[2016103) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:3E38OE16-OEE4-4809-9C60-91EC84F8B4C8 AC��►gL7�' CERTIFICATE OF PROPERTY INSURANCE DATE (MM/DD/YYYY) 02/25/2021 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. PRODUCER CONTACT AOn Risk Insurance Services west, Inc. PHONE FA% Denver CO Office ('VC No E.) (303) 758-7688 (aC No( (303) 758-9458 1900 16th Street, Suite 1000 E-MAIL L Denver CO 80202 USA PRODUCER PROD CS 570000075824 +' CUSTOMER too p aJ INSURER(S)AFFORDING COVERAGE NAIC N 9 L INSURED INSURER A: Continental Casualty Company 20443 RES Carolinas, LLC INSURER B: o DBA Carolina Environmental Contracting INSURER C: PO BOX 1905 INSURER D: Mount Airy NC 27030 USA INSURER E: INSURER F: COVERAGES VER0.GES CERTIFICATE NUMBER: 570086143671 REVISION NUMBER? LOCATION OF PREMISES/DESCRIPTION OF PROPERTY(Albch ACORD 101,Additional Remarks Schedule,if more space is required) Re: Bid No. 367-005306: Orange County Twin Creeks Park Driveway Culvert Replacement Project. Evidence of Insurance 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 n CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, lD EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. m INSR POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER D1.0 ATE(MMIDDIYYYY) DATE(MMIDD/YYYY) COVERED PROPERTY LIMITS W O PROPERTY BUILDING O n CAUSES OF LOSS DEDUCTIBLES PERSONAL PROPERTY BASIC BUILDING BUSINESS INCOME BROAD EXTRAEXPENSE CONTENTS D! SPECIAL RENTAL VALUE w to BLANKET BUILDING j EARTHQUAKE Z BLANKET PERS PROP w WIND Q FLOOD BLANKET BLDG 8 PP U UL F w U X INLAND MARINE TYPE OF POLICY X Leased or Rerried Equ $1,000,000 Contractors Eqp CAUSES OF LOSS POLICY NUMBER A NAMED PERILS 6076182910 12/31/2020 10/01/2021 CRIME TYPE OF POLICY BOILER 3 MACHINERY/ _ EQUIPMENT BREAKDOWN aall. w� SPECIAL CONDITIONS I OTHER COVERAGES(ACORD 101,AddRional Remarks Schedule,may be attached if more space is required) L— CERTIFICATE HOLDER CANCELLATION .a SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Orange County Fry PO BOX 8181, N5 405 Meadowlands Drive, REPRESENTATIVE Hillsborough NC 27278 USA n ndri�a�ta r�t�era ©1995-2015 ACORD CORPORATION.All rights reserved ACORD 24(2016/03) The ACORD name and logo are registered marks of ACORD