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HomeMy WebLinkAbout2022-079-E-AMS-Brock Contract Services-CGCC - Repair the existing flooring DocuSign Envelope ID:41539BC9-6CE0-4CC0-8CEF-CA16CC89F944 [Departmental Use Only] TITLE CGCC Floor Repairs FY 2021-2022 NORTH CAROLINA CONSTRUCTION AGREEMENT UNDER$250,000.00 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter called "Agreement"), made as of the 24th day of February, 2022, by and between Brock Contract Services, Inc, (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 N/A (Sheet dated ) b. Written specifications prepared by the project engineer. c. Brock Contract Services, Inc. proposal dated February 16, 2022 which fully describes the work to be performed. Such work will hereafter be called the "Work". d. Related documents listed under Section I above. 3. TERM AND SCHEDULING Revised 06/21 1 DocuSign Envelope ID:41539BC9-6CE0-4CC0-8CEF-CA16CC89F944 a. The Contractor agrees to commence work pursuant to the written Notice to Proceed. b. The Contractor agrees to complete substantially all Work by May 30, 2022. 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, certifications, or related credentials Contractor represents that it or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or Revised 06/21 2 DocuSign Envelope ID:41539BC9-6CE0-4CC0-8CEF-CA16CC89F944 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 Thirty-Seven Thousand, One Hundred Thirty-Three Dollars ($37,133.00). 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 PO 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. 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 Revised 06/21 3 DocuSign Envelope ID:41539BC9-6CE0-4CC0-8CEF-CA16CC89F944 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 countync. o�partments/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. 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 bonds and insurance or at Contractors expense, defend Owner against all such claims of lien. Revised 06/21 4 DocuSign Envelope ID:41539BC9-6CE0-4CC0-8CEF-CA16CC89F944 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 couni nc. ova/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. b. In the event that public funds are unavailable or not appropriated for the performance of Owner's obligations under this Agreement, then this Agreement shall automatically expire Revised 06/21 5 DocuSign Envelope ID:41539BC9-6CE0-4CC0-8CEF-CA16CC89F944 without penalty to Owner immediately upon written notice to Contractor of the unavailability or 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. 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 Brock Contract Services, Inc. Attn: A. Barnes Attn: Eric Christian P.O. Box 8181 1108 Nowell Road Hillsborough,NC 27278 Raleigh,NC 27607 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 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 Revised 06/21 6 DocuSign Envelope ID:41539BC9-6CE0-4CC0-8CEF-CA16CC89F944 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(Angel Barnes)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 http://www.oranaecountync.gov/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 I I A 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. in. 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. 12. CONSEQUENTIAL AND LIQUIDATED DAMAGES a. Owner and Contractor mutually waive any claim against each other for consequential damages. Consequential Damages include: Revised 06/21 7 DocuSign Envelope ID:41539BC9-6CE0-4CC0-8CEF-CA16CC89F944 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 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. Revised 06/21 8 DocuSign Envelope ID:41539BC9-6CE0-4CC0-8CEF-CA16CC89F944 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 �owu � . 2/24/2022 "` 2/23/2022 � cs'W 1�iwn. Signature Signature County Manager Eric Christian Account Executive Printed Name and Title Revised 06/21 9 DocuSign Envelope ID:41539BC9-6CE0-4CC0-8CEF-CA16CC89F944 ORANGE COUNTY-DEPARTMENT USE ONLY Party/Vendor Name: Brock Contract Services, Inc. Party/Vendor Contact Person: Eric Christian (echristian(a)brockcontract.com) Contact Phone: 919.614.8104 Party/Vendor Address: 1108 Nowell Road City Raleigh State: NC Zip: 27607 Department: AMS Amount: $37,133.00 Purpose: CGCC - Repair the existing flooring Budget Code(s): 61370035-880000-10016 Vendor# 67470 (N/A if new vendor) Vendor is a BOCC consultant? Yes ❑ No® Contract Type: (Check one)New ® Renewal ❑ Amendment ❑ Effective Date 2/24/2022 Approved by Board Yes❑ No ® Agenda Date: ---For Section XIV. c.contracts only,Approved by Board in Current FY Budget Yes[—]No® 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: 2/23/2022 Department Director's Signature�&Vj_4" Date: occc�ses3aucs... Agreements for emergency services or repair are not 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: N/A Risk Management This agreement is approved for sufficiency of insurance standards, specifications,and requirements: Office of the Risk Management Office aGs� Date:2/23/2022 Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: —Sigk.V —4: 2/24/2022 Office of the Chief Financial Officer Date: Legal Services This agreement is approved as to legal form and sufficiency: 2/24/2022 Office of the County Attorney C.7s (hm" Date: 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 06/21 10 DocuSign Envelope ID:41539BC9-6CE0-4CC0-8CEF-CA16CC89F944 COUNTY OF ORANGE FINANCIAL SERVICES —PURCHASING PO BOX 8181 HILLSBOROUGH, NORTH CAROLINA 27278 ORANGE COUNTY BID NO. CGCC URGENT Floor Repairs RFP DATE: 2/7/2022 ATTENTION.- INTERESTED VENDORS Orange County requests your competitive quotation to furnish the item(s) listed below for Orange County Cedar Grove Community Center Floor Repairs, 5800 Hwy 86 North, Cedar Grove, NC 27231. A non-mandatory site visit is scheduled for Thursday, February 10, 2022 at 3pm at the site. We will meet at 5800 Hwy 86 North, Cedar Grove, NC 27231. This is the only scheduled time for contractors to view the site. 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 Capital Projects Manager- abarnes(ci�o ge untync.go, by Wednesday, February 16, 2022 no later than 5:00pm ITEM # COMMODITIES/GOODS OR SERVICES Provide a labor and ma erla s to remove the damaged flooring materials, clean and prep 1 floor for new materials, and replace materials to match existin Flooring drawing attached showing approximate locations and lengths requiring repairs.contractor shall field verify exact measurements. The existing materials are: MooseSports, GameCourt PVC, Color Grey Forbo, Sarlon Concrete, Color 433723 Forbo, External Material, Color Loam Stucco, 10022 Forbo, External Wood, Color Mid Oak, 11612 Touch of Game Lines, Colors black&white 'NOTES: This work is urgent and will be a priority to complete.We must have the repairs completed and ready for the Summer Camp Programs to begin on May 1, 2022. SUBMIT PRICING ON ATTACHMENT"A"—Bid Proposal Form PLEASE STATE FIRM DELIVERY TIME TO START AFTER RECEIPT OF PURCHASE ORDER: FLE DAYS PLEASE STATE NUMBER OF DAYS TO COMPLETE THE PROJECT AFTER COMMENCEMENT: DAYS Will any people working on this job make less than $15.40 per hour YES NO �C If yes, the lowest hourly wage to be paid any employee shall be: $ / HOUR **SEE ATTACHED INSTRUCTIONS TO BIDDERS** Orange County Bid Page#1 DocuSign Envelope ID:41539BC9-6CE0-4CC0-8CEF-CA16CC89F944 License (if applicable) FIRM NAME in.�gC� uNt � BY Proposal must be signed in writing) ADDRESS (Lp'� FAX: �' t Stay — :E 4A t` �; [ TELEPHONE: EMAIL: Ft AA t:osAA Orange County Bid Page#2 DocuSign Envelope ID:41539BC9-6CE0-4CC0-8CEF-CA16CC89F944 COUNTY OF ORANGE FINANCIAL SERVICES — PURCHASING PO BOX 8181 ❑ 405 Meadowlands Drive HILLSBOROUGH, NORTH CAROLINA 27278 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. Plans and/or specifications may be obtained at the Orange County Finance Department Purchasing Division, 405 Meadowlands Drive, Hillsborough, North Carolina, 27278. 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 and are the preferred receipt method. Email to kbarnes aaorangecountync.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,or questions about the scope,site visit,details of the work,or the proposal to: Angel Barnes, Orange County Capital Projects Manager, Orange County AMS 919-245-2628 abarnes@orangecci;ntvrrc oc,. 14. A non-mandatory site visit is scheduled for Thursday, February 10,2022 at 3pm at the site. We will meet at 5800 Hwy 86 North, Cedar Grove, NC 27231. This is the only scheduled time for contractors to view the site. By submission of a bid the contractor acknowledges he/she fully understands the extent of the project. 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. Orange County Bid Page#3 DocuSign Envelope ID:41539BC9-6CE0-4CC0-8CEF-CA16CC89F944 Attachment A RFP# CGCC URGENT Floor Repairs Bid Proposal Form: CGCC Urgent Floor Repairs Contractor agrees to furnish all materials, labor, equipment and any other supplies necessary to complete the above work,for the sum of:$_ • All work must be completed within 45 days of the project start date February 28,2022 • Contractor is willing to participate in the County's"Docusign"digital contracting process and enter into a standard contract with the County. r (4�tz., _ (Signature of Contractor) (Date) Acknowledge Addenda below: No. 1 No. 2 No3. Orange County Forms: 1. Form of Proposal 2. E-Verify Affidavit and Living Wage 3. Construction Contract Template 4. Nondiscrimination Certification 5. Dispute Resolution 6. Minimum Insurance Requirements 7. County Sales Use Tax Forms 8. Drawings The highlighted forms are to be returned as a part of your bid package. Orange County Bid Page#4 DocuSign Envelope ID:41539BC9-6CE0-4CC0-8CEF-CA16CC89F944 STATE OF NORTH CAROLINA AFFIDAVIT ORANGE COUNTY I, \ a�-(the individual attesting below), being duly authorized by and on behalf of �(�kL (�k I0 0A (the entity bidding on project hereinafter"Employer")after first being duly sworn hereby swears or affirms as follows: 1. Employer understands that E-Verifyis 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_pa_day of ��� 29 � Signature of Affiant Print or Type Name: State of North Carolina.. aV County D X ,��1114401iBlllglg®�� s Signed and sworn to (or affirmed) before me,this the o day of SSbKLAJUI 20ZZ- �' ``� N�TAR), Z MY O COMMISSION EXPIRES My Commission Expires: iv 11/17/2025 Notary Public �'FP� i® �coo "11 °'',®� DocuSign Envelope ID:41539BC9-6CE0-4CC0-8CEF-CA16CC89F944 Section I: General Government and Administration Policy 10.0: Living Wage Contractor Policy Reviewed by: County Attorney/County Manager Approved by: County Manager Original Effective Date: April 21,2016 Revisions: August 1,2016 Policy Statement It is the policy of Orange County to ensure its employees,and all individuals who provide services for Orange County,are paid a living wage. Purpose To encourage all vendors and contractors to pay a living wage to all employees who perform work pursuant to a contract with Orange County. Applicability Applies to all Orange County contracts and purchases. Policy 10.1 Living Wage 10.1.1 Orange County is committed to providing its employees with a living wage and encourages all contractors and vendors doing business with Orange County to pursue the same goal. Orange County's living wage is as reflected in the adopted Orange County Budget and as that budget document is amended from time to time. To the extent possible,Orange County recommends that contractors and vendors seeking to do business with Orange County provide a living wage to their employees. 10.1.2 Prior to final execution of a contract with Orange County all contractors and vendors seeking to do business with Orange County shall submit to the County's representative a statement indicating whether those employees who will perform work on the Orange County contract are paid at least the living wage amount set out above. If such employees do not make at least the living wage amount set out above the contractor or vendor shall indicate in the statement the actual amount paid to such employees. For bid projects this statement should be submitted as part of the bid packet. This policy may be reviewed annually and updated as needed by the Manager's Office Acknowledge Receipt by: Company Name: Date: "1- DocuSign Envelope ID:41539BC9-6CE0-4CC0-8CEF-CA16CC89F944 ORANGE COUNTY NONDISCRIMINATION CERTIFICATION The undersigned bidder or proposer hereby certifies and agrees that the following information is correct: 1. In preparing its enclosed bid or proposal, the undersigned bidder or proposer has considered all bids and proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in discrimination as defined in Section 12-52 of the Orange County Non-discrimination Ordinance. 2. Without limiting any other remedies that Orange County may have for a false certification, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for Orange County to reject the bid or proposal submitted with this certification, and terminate any contract awarded based on such bid or proposal. It shall also subject the bidder or proposer to disqualification from participating in county contracts or bid processes for up to two years. 3. As a condition of contracting with Orange County, the undersigned bidder or proposer agrees to promptly provide to Orange County all information and documentation that may be requested by Orange County from time to time regarding the solicitation and selection of suppliers and subcontractors in connection with this solicitation process. Failure to maintain or failure to provide such information constitutes grounds for Orange County to reject the bid or proposal and to terminate, without penalty to Orange County, any contract awarded on such bid or proposal. All such information and documentation shall be maintained for a period of three years after the expiration of the contract. 4. As part of its bid or proposal, the undersigned bidder or proposer shall provide to Orange County a list of all instances within the past ten years where a complaint was filed or pending against bidder or proposer in a legal or administrative proceeding alleging that bidder or proposer discriminated against its subcontractors, vendors, suppliers, or commercial customers, and a description of the status or resolution of that complaint, including any remedial action taken. 5. As a condition of submitting a bid or proposal to Orange County the undersigned bidder or proposer agrees to comply with the Orange County Non-discrimination Ordinance. Falsification of this certification shall constitute a violation of the Orange DocuSign Envelope ID:41539BC9-6CE0-4CC0-8CEF-CA16CC89F944 County Non-Discrimination Ordinance and shall be grounds for rejection of the bid or proposal or termination of an existing contract, without fault or further obligation to Orange County. 6. As a condition of submitting a bid or proposal to Orange County the undersigned bidder or proposer agrees that Orange County may consider the information submitted as part of this certification in its determination of the responsibility of the undersigned bidder or proposer. The undersigned bidder or proposer, as the case may be, waives the right to challenge the rejection of a bid or proposal when such rejection is based, in its entirety, on information submitted as part of this certification. The bidder or proposer certifies the undersigned has full authority to sign on its behalf. By: Printed Name and Title On behalf of -4- Company or Corporate name Date: 2I IV 1 I Z1 DocuSign Envelope ID:41539BC9-6CE0-4CC0-8CEF-CA16CC89F944 Attention: ANGEL BARNES brook PH(919)570-1300 Manager: ERIC D CHRISTIAN Proposal Contract FAX(919)570-1305 — P.O.BOX 33415 Estimator. 90114 SerVICeS RALEIGH,NC 27636 Admin: ERIC CHRISTIAN Date. 2/16/2022 /'l t y Time: 12:20 PM Plan Date. Revision#: Bid Due Date. 2/16/2022 Project Addendums Read. ORANGE COUNTY FINANCIAL SERVICES- ORANGE CO.-CEDAR GROVE REC CENTER PURCHASING 5800 HWY 86 NORTH PO BOX 8181 CEDAR GROVE,NC HILLSBOROUGH,NC 27278 ANGEL BARNES REPAIR EXISTING FLOORING PER RFP DATED 217122 Line MANUFACTURER: ISTYLE: No. COLOR NAME: COLOR NUMBER: UOM: I QUANTITY. UNIT PRICE. LINE TOTAL: 1 DEMOLITION AND DISPOSAL OF EXISTING-DEMO BUBBLED VINYL AND DISPOSE OF TRASH OFF SITE BROCK CONTRACT SERVICES IDEMOLITION AND DISPOSAL OF EXISTING INCLUDED I I SF 2,200.00 $0.682 $1,500.00 2 SC:ARIFY FLOORS-REMOVE ADHESIVE RESIDUE BROCK CONTRACT SERVICES ADHESIVE REMOVAL INCLUDED SF 2,200.00 1 $0.350 $770.00 3 MINOR FLOOR PREP- ARDEX(1) ARDEX MRF 10#MOISTURE RESISTANT SKIMCOAT PATCH /A EA 32.00 $75.000 $2,400.00 4 RASV-1 SUPPLIED AND INSTALLED- MOOSE SPORTS GAMECOURT PVC 5'10"ROLL GOODS GREY SF 1,455.00 $11.500 $16,732.50 5 GAME LINE SUPPLIED AND INSTALLED- BROCK CONTRACT SERVICES IGAME LINE PAINTING INCLUDED EA 1.00 $2,400.000 $2,400.00 6 RSV-1 SUPPLIED AND INSTALLED- FORBO INDUSTRIES,INC. TBD TBD SY 10.00 $76.000 $760.00 7 RSV4 SUPPLIED AND INSTALLED- FORBO INDUSTRIES,INC. ETERNAL MATERIAL-79"X 82'SHEET TBD SY 75.00 $66.000 I. $4,950.00 8 RSV-5 SUPPLIED AND INSTALLED- FORBO INDUSTRIES,INC. ETERNAL WOOD"DECIBEL"VINYL SHEET 3.OMM 79"X 92' TBD I SY 60.00 1 $102.000 $6,120.00 9 LOGISTICS/CLEANUP- IBROCK CONTRACT SERVICES ILOGISTICS 'INCLUDED EA 1 1.00 $1,500.000 $1,500.00 .. TOTAL (APPLICABLE TAXINCLUDED) $ 37,132.50 211612022 Bid#: 90114 Page I of 2 DocuSign Envelope ID:41539BC9-6CE0-4CC0-8CEF-CA16CC89F944 ORANGE CO.-CEDAR GROVE REC CENTER ORANGE COUNTY FINANCIAL Page 2 of 2 NOTES: • FORBO SARLON CONCRETE#433723 IS DISCONTINUED • FORBO ETERNAL#10022 LOAM STUCCO IS DISCONTINUED • WE WILL TRY TO MATCH THE DROPPED MATERIALS AS BEST WE CAN WITH AVAILABALE PRODUCTS • THERE WILL BE NO WARRANTY ON THE INSTALLATION OR MATERIALS SINCE THERE IS A KNOWN MOISTURE ISSUE PRESENT • FINAL CLEANING OR WAXING IS NOT INCLUDED THIS PROPOSAL IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND CONTAINS INFORMATION THAT IS PRIVILEGED AND CONFIDENTIAL.DISSEMINATION, DISTRIBUTION OR COPY OF THIS INFORMATION TO ANYONE ELSE IS STRICTLY PROHIBITED. Brock Contract Services('Brock")will furnish,deliver,and/or install the above material(s)in accordance with all plans, specifications and general conditions verified as received by Brock for the listed price.The price includes all applicable freight and taxes, unless otherwise noted. Unless specifically included as a line item in this proposal,the proposal:excludes all demolition, repair or take-up of existing flooring;excludes vacuuming,damp mopping,buffing,waxing;excludes floor protection during installation and subsequent to installation; excludes floor floating, leveling or repair;excludes sealing of floor, cleaning or removal of oil,grease,solvents, paints, plaster or other foreign substances;excludes asbestos control/abatement; includes no attic stock of material beyond installation coverage; includes worts only during regular hours and for a single phase job;excludes any furniture movement;excludes lift at site for unloading, hoisting or staging of materials unless otherwise noted; and excludes any addenda beyond the base bid. Brock will not be responsible for meeting building codes regarding flooring material or installation unless any such codes are explictly stated in the flooring section of the plans and specifications provided to Brock. Per CRI-104-96, 6.3 site conditions,the owner or general contractor must submit to us a written report on moisture and surface alkalinity of the slab to determine its suitability as a substrate for the material to be installed. Brock Contract is not responsible for moisture remediation or for moisture sealers required to meet manufacturer installation guidelines unless a separate line item exists in our proposal or if agreed to by both parties in a signed change order. Also,we are not responsible for removal of cure and seal or other dissapating compounds applied by other trades that would prohibit installation of flooring materials. Minor floor preparation will be billed on a time and material basis at$45.00 per man-hour plus the cost of the materials. Client agrees to pay for stored materials. Brock will not accept charge backs of damage or cleaning without the option to inspect claim(s)to repair or without the option to make arrangements for acceptable repairs. Brock is not responsible for any claims that might result from product delivery date changes beyond our control. If a manufacturer requires a deposit to manufacture/ship certain items,client will pay that amount at the date material is ordered. Certain materials sourced from outside the United States may potentially incur substantial tariffs based on pending legislation. Any tariffs invoked after the date of this proposal that increase the cost of materials in this proposal will be passed along 100%to the owner and/or general contractor. The increase will be passed along in a change order, along with appropriate documentation, and the owner and/or general contractor agrees to process and pay the change order. This proposal is valid for forty-five(45)days. BROCK CONTRACT SERVICES ORANGE COUNTY FINANCIAL SERVICES-PURCHASING Signed. Signed. ERIC D CHRISTIAN Proposal Total. $37,132.50 Proposed Installation Start Date: 211612022 Bid#. 90114 Page 2 of 2 DocuSign Envelope ID:41539BC9-6CEO-4CCO-8CEF-CA16CC89F944 BROCCON-01 PRADU1 ,4coR0` CERTIFICATE OF LIABILITY INSURANCE 7DATE(MMIDD/YYYY) 2/22/2022 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 certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: First Citizens Insurance Services PHONE FAX 8510 Colonnade Center Drive 5th Floor (A/C,No,Ext): (888)322-4678 / ,No):(919)716 PO Box 29611 (27626-0611) ADDRESS:insurance@firstcitizens.com Raleigh,INC 27615 INSURERS AFFORDING COVERAGE NAIC# INSURER A:Penn National Security Insurance Company 32441 INSURED INSURER B: Brock Contract Services,Inc. INSURER C: PO Box 33415 INSURER D: Raleigh,NC 27636 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 ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM DD YYY MM DD YYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR CX90770741 4/1/2021 4/1/2022 DAMAGE TO RENTED 500,000 X PREMISES Ea occurrence $ X XCU Included MED EXP(Any oneperson) $ 10,000 X Contractual Liab Inc PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY�X PRO POLICY ❑X LOC PRODUCTS-COMP/OP AGG $ 2,000,000 X OTHER:Contractual Liability EMPLOYEE BENEFI $ 1,000,000 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO AX90770741 4/1/2021 4/1/2022 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 6,000,000 EXCESS LIAB CLAIMS-MADE UL90770741 4/1/2021 4/1/2022 AGGREGATE $ 6,000,000 DED X RETENTION$ 0 $ A WORKERS COMPENSATION X PER OTH- ANDEMPLOYERS'LIABILITY STATUTE ER Y/N Wp90770741 4/1/2021 4/1/2022 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Transit Coverage CX90770741 4/1/2021 4/1/2022 Deductible$2,500 300,000 A Leased/Rented Equip CX90770741 4/1/2021 4/1/2022 Deductible$2,500 100,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re:Orange County Cedar Grove Rec Center. Orange County Asset Management Services is included as an Additional Insureds with regards to General Liability as required by written contract prior to a loss. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange Count Asset Management Services THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 9 Y g ACCORDANCE WITH THE POLICY PROVISIONS. 300 West Tryon Street Bldg B 3rd Floor Office 10 Hillsborough,INC 27278 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD