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HomeMy WebLinkAbout2022-160-E-AMS-CT Wilson Construction Company-Improve the sidewalk at Court Street Annex to meet accessibility and remove wet damaged materials Revised 06/21 1 [Departmental Use Only] TITLE CSA ADA FY 2021-2022 NORTH CAROLINA CONSTRUCTION AGREEMENT UNDER $250,000.00 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter called “Agreement”), made as of the 27th day of April, 2022, by and between CT Wilson Construction Co. 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”). W I T N E S S E T H: 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. CT Wilson Construction Co. Inc proposal dated November 16, 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. 3. TERM AND SCHEDULING DocuSign Envelope ID: 2CC27F97-A3EE-4081-8063-798B4E4E563E Revised 06/21 2 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 DocuSign Envelope ID: 2CC27F97-A3EE-4081-8063-798B4E4E563E Revised 06/21 3 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 Fifteen Thousand Five Hundred Eleven Dollars ($15,511.00). 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 DocuSign Envelope ID: 2CC27F97-A3EE-4081-8063-798B4E4E563E Revised 06/21 4 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.orangecountync.gov/departments/purchasing_division/contracts.php). If Owner’s Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here N/A (if no additional insurance required mark N/A as being not applicable). Contractor shall not commence construction work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 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, loss es 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. DocuSign Envelope ID: 2CC27F97-A3EE-4081-8063-798B4E4E563E Revised 06/21 5 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.orangecountync.gov/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 DocuSign Envelope ID: 2CC27F97-A3EE-4081-8063-798B4E4E563E Revised 06/21 6 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 CT Wilson Construction Co. Inc. Attn: A. Barnes Attn: Charles T. Wilson, III P.O. Box 8181 150 Golden Drive, Suite 200 Hillsborough, NC 27278 Durham, NC 27705 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 DocuSign Envelope ID: 2CC27F97-A3EE-4081-8063-798B4E4E563E Revised 06/21 7 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.orangecountync.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 11A and Article 40 of North Carolina General Statute Chapter 66. l. 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. 12. CONSEQUENTIAL AND LIQUIDATED DAMAGES a. Owner and Contractor mutually waive any claim against each other for consequential damages. Consequential Damages include: DocuSign Envelope ID: 2CC27F97-A3EE-4081-8063-798B4E4E563E Revised 06/21 8 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 th e 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. DocuSign Envelope ID: 2CC27F97-A3EE-4081-8063-798B4E4E563E Revised 06/21 9 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 ____________________________________ ________________________________________ Signature Signature County Manager ________________________________________ Printed Name and Title DocuSign Envelope ID: 2CC27F97-A3EE-4081-8063-798B4E4E563E Charles T Wilson, III President 4/23/20224/29/2022 Revised 06/21 10 ORANGE COUNTY—DEPARTMENT USE ONLY ______________________________________________________________________________ Party/Vendor Name: CT Wilson Construction Company Inc Party/Vendor Contact Person: Tarah Jones (Tarah.Jones@ctwilson.com) Contact Phone: 919.383.2535 Party/Vendor Address: 150 Golden Drive Suite 200 City Durham State: NC Zip: 27705 Department: AMS Amount: $15,511.00 Purpose: Improve the sidewalk at Court Street Annex to meet Accessibility and remove wet damaged materials Budget Code(s): 61370035-880000-30001 $11,437.00, 61370035-882000- 30002 $4074.00 Vendor # 64422 (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract Type: (Check one) New Renewal Amendment Effective Date 4/27/2022 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 a greement: Department Director’s Signature ________________________________________ Date: ________ 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 Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________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:_________ DocuSign Envelope ID: 2CC27F97-A3EE-4081-8063-798B4E4E563E 4/24/2022 4/25/2022 4/28/2022 4/29/2022 , , DocuSign Envelope ID: 2CC27F97-A3EE-4081-8063-798B4E4E563E DocuSign Envelope ID: 2CC27F97-A3EE-4081-8063-798B4E4E563E DocuSign Envelope ID: 2CC27F97-A3EE-4081-8063-798B4E4E563E DocuSign Envelope ID: 2CC27F97-A3EE-4081-8063-798B4E4E563E DocuSign Envelope ID: 2CC27F97-A3EE-4081-8063-798B4E4E563E DocuSign Envelope ID: 2CC27F97-A3EE-4081-8063-798B4E4E563E DocuSign Envelope ID: 2CC27F97-A3EE-4081-8063-798B4E4E563E , DocuSign Envelope ID: 2CC27F97-A3EE-4081-8063-798B4E4E563E DocuSign Envelope ID: 2CC27F97-A3EE-4081-8063-798B4E4E563E Lopez Construction Services, LLC ® NCHUB CERTIFIED WBE 11/13/21 PO Box 2031 -- Chapel Hill, NC 27516 1 of 5 919.672.6961 phone mlopez@loco-cs.com CONCRETE PROPOSAL Lopez Construction Services, LLC (LOCO) hereby proposes the following BASE BID: Four Thousand Eight Hundred Eighty-Seven Dollars ($4,887.00) ALTERNATE: ADD Four Thousand Seven Hundred Fifty-Seven Dollars ($4,757.00) This proposal is valid for 30 days. This proposal must become part of any subcontract agreement. Acceptance of this proposal includes acceptance of payments terms stated herein. Proposal Request Drawing A5-01 Prepared by Smith Sinnett Dated 11.2.21 --SCOPE-OF-WORK INCLUSIONS-- INCLUDES all labor, material, equipment and insurance to complete the following scope of work 1 BASE BID SCOPE: Saw cut existing sidewalk at new pad edge Remove approximately 33 SF of existing 4 thick sidewalk Excavate as required to establish subgrade for new 12 thick concrete pad Top of new concrete pad to be 3 -4 below existing stoop/landing per detail 2/A5-01 Install #4 Rebar 12 OCEW supported on plastic on castle chairs with sand base Install Expansion Joint on adjacent brick cheek walls Install forms as required Place and Finish 12 Remove forms and backfill slab edge to meet existing grade EXCLUDES: o TRANSITION FROM LIFT CAB FLOOR TO EXISTING CONCRETE SIDEWALK o TRANSITION FROM EXISTING SIDEWALK TO NEW PAD ELEVATION 2 ALTERNATE SCOPE: Remove approximately 150 SF of existing 4 thick sidewalk from new chair lift pad to existing sidewalk along street Replace approximately 150 with 4,000 PSI NW concrete with Air Install new sidewalk sloped to comply with ADA requirements Install 5x5 flat turn around at sidewalk directional transition Install new sidewalk to accommodate the transition from lift floor to sidewalk Backfill along new sidewalks as required to transition from new sidewalk elevation to existing grade TO: CT Wilson ATTN: Jarred Shrieves Email: Jarred.shrieves@ctwilson.com DATE: REVISED November 13, 2021 PROJECT: ADA Lift Sidewalk Replacement LOCATION: Orange Co Sheriff Office 109 Court Street Hillsborough, NC ADDENDA: NONE DocuSign Envelope ID: 2CC27F97-A3EE-4081-8063-798B4E4E563E Lopez Construction Services, LLC ® NCHUB CERTIFIED WBE 11/13/21 PO Box 2031 -- Chapel Hill, NC 27516 2 of 5 919.672.6961 phone mlopez@loco-cs.com 3 GENERAL SCOPE: Place concrete debris and earth spoils in dumpster provided by CT Wilson Grade subgrade to comply with slopes required and or provided by CT Wilson Concrete wash out to be in concrete debris dumpster provided by CT Wilson 4 Excludes WWF reinforcing in new sidewalk 5 Excludes location of UG Utilities and Landscape Sprinkler lines ---EXCLUSIONS -- The following items are SPECIFICALLY EXCLUDED from this proposal: A Layout and or Surveying, our work will follow points provided by GC. B Any Permits or Fees C Any Design and or Engineering Fees or Costs D Any Inspection Fees E Overtime or Weekend Work: Our proposal includes our crews working a maximum of 40 hours per workweek. F Increasing crew size, number of crews, or workforce work hours to accelerate the schedule. G Winter Conditions Temporary heat or enclosures for demolition, concrete and or masonry installations during cold weather, should the schedule dictate such installations H Hot Weather Conditions This proposal does not include cold water or ice added to mix nor does it include any other measures to maintain desired temperature as required for Hot Weather Concrete and or Masonry Installations. I CORE DRILLING: TEMP POWER BY OTHERS: o GC to provide 480v 3p power to LOCO power pack o GC to hire electrician for LOCO power pack connection, grounding and inspection for use on-site GPR or X-ray of walls and or slabs for location of existing utilities and or embedded items Slurry control to floors below is by others Disposal of slurry and cores. This proposal is based on GC providing dumpster on-site for debris and slurry disposal LOCATION OF UNDER-SLAB UTILITIES VENTILATION AND O2 MONITORING for gas powered equipment if electrical power, as stated above is not available. GC to provide adequate ventilation and provide continuous O 2 monitoring J SAW CUTTING: TEMP POWER BY OTHERS: o GC to provide 480v 3p power to LOCO power pack o GC to hire electrician for LOCO power pack connection, grounding, and inspection for use on-site LOCATING EXISTING UNDER-SLAB OR EMBEDDED UTILITIES: GPR or X-ray of slabs for location of existing utilities and or embedded items LAYOUT to provide center line of trench and location of tie-in points. Concrete Slabs more than -on-Grade being a MAXIMUM REBAR REINFORCING: This proposal Is based on existing Slab-on-grade being reinforced with Welded Wire Fabric (WWF) Disposal of concrete debris. This proposal is based on GC providing dumpster on-site for concrete debris Saw Cut and or Removal of Slab-on-Grade for abandoned underground utilities VENTILATION AND O2 MONITORING for gas powered equipment if electrical power, as stated above is not available. GC to provide adequate ventilation and provide continuous O 2 monitoring K CONCRETE: Wash Out Pit GC to provide a legitimate wash out pit for our use for Ready Mix trucks and Concrete Pumps SUB-GRADE: DocuSign Envelope ID: 2CC27F97-A3EE-4081-8063-798B4E4E563E Lopez Construction Services, LLC ® NCHUB CERTIFIED WBE 11/13/21 PO Box 2031 -- Chapel Hill, NC 27516 3 of 5 919.672.6961 phone mlopez@loco-cs.com o Preparation, Protection, Maintenance and or Restoration of Sub-Grade o We specifically EXCLUDE the Backfill and or restoration of ANY Under Ground M-E-P utility installations. o Restoration of the Sub-Grade disturbed by other activities. Including but not limited to M-E-P Under Ground Utility Installations, Steel erection and or masonry activities. CONCRETE CURING AND FINISHING: o Wet Curing of ANY CONCRETE INSTALLATIONS o Slab Hardener and or Burnishing o finishes o Architectural Finishes and or Form liners of any kind o ANY COLORED, STAMPED, STAINED, POLISHED and or BURNISHED CONCRETE o o Architectural Finishes of any CIP Concrete Walls. o This proposal includes all CIP wall finishes to be in accordance with ACI 301-10 SF-2 With a surface tolerance in accordance with ACI 117-06 Rock Excavation, Rock Blasting, Rock Removal and or Replacement of materials after rock excavations. Any material that cannot be excavated with a backhoe, with regular teeth, is rock under this proposal and is hereby EXCLUDED. See Unit pricing. Removal, Replacement and or Disposal of ANY Unsuitable or Contaminated Soils Removal, Replacement and or Disposal of ANY Trash and or Debris Encountered Removal, Replacement and or Disposal of ANY Abandoned Utilities or Abandoned Structure Components encountered Off Site Earth Spoil Removal and or Disposal. Our proposal includes stockpiling spoils generated by our Dewatering, de-mucking, diverting and or controlling of rainwater runoff including water pumping, temporary drains, diversion swales, rock washes, etc, etc Any work to control, and or remove ground water including water pumps, well points, temp drains, undercutting, stone wash, etc, etc Any Sub-surface foundation drains, French drains, storm drains, and or roof drain piping. Termite Treatment SEE ALTERNATE PRICING Slab-on-Grade Gas Barrier System Grade Collars at Clean-outs, or Water Hydrants Pipe collars, thrust blocks and or pipe cradles Concrete Encasement of ANY piping or Conduit whatsoever Grading and or Maintaining CONTINUOUS Job-Site Truck/Equipment Accessibility. Concrete Bases at ANY Light Pole, Signage, Fence and or Gate Post(s) Any INTERIOR or EXTERIOR M-E-P Equipment, Transformer, Generator, Fuel Tank, Meter Pit, Housekeeping, and or HVAC Unit Pads. Any Site Lighting Pole Base(s) or Site Lighting Bollard(s), ANY COLORED, STAMPED, STAINED, POLISHED and or BURNISHED CONCRETE Concrete Hardener on Slabs Anti-corrosion additive in concrete mix design Any shoring or underpinning of existing or new FOUNDATION installations whatsoever Engineering and or Stamped shoring and or form drawings Restoration of MEP trench backfill installed by others Removal and or disposal of earth spoils generated during backfill of MEP underground installations Any Site Concrete including but not limited to curb/gutter sidewalks or paving Patching or leveling of existing floors VENTILATION AND O2 MONITORING for Interior slabs requiring trowel machines. GC to provide adequate ventilation and provide continuous O2 monitoring Potable water. GC to provide a potable water source within 100 LF of our installations Backfill of Exterior walls DocuSign Envelope ID: 2CC27F97-A3EE-4081-8063-798B4E4E563E Lopez Construction Services, LLC ® NCHUB CERTIFIED WBE 11/13/21 PO Box 2031 -- Chapel Hill, NC 27516 4 of 5 919.672.6961 phone mlopez@loco-cs.com Fine grading around building or exterior structures Backfill and of Fine Grading at sidewalks, Paving and pads L TEMPORARY ENCLOSURES AS REQUIRED FOR DUST, WEATHER PROTECTION AND OR SECURITY UNIT & ALTERNATE PRICES: 1. ADD TERMITE TREATMENT: Cost plus 10% 2. Install and maintain a concrete washout pit ADD Two Thousand Five Hundred Dollars ($2,500.00) 3. Trench Rock Excavation $1,500/CY 4. Unsuitable Soil removal and replacement $500/CY 5. Haul off and dispose of demolition debris and earth spoils ADD Three Thousand Eight Hundred Dollars ($3,800.00) TERMS and CONDITIONS follows TC.1 : Retainage amount to be reduced to 5% or less upon the completion of 51% of our scope of work. TC.2 : All retainage to be released 30 days upon completion of our work TC.3 : upon receipt of an executed contract. TC.4 : ALL LOCO Pay Applications and Invoices are to be PAID IN FULL within THIRTY (30) DAYS of the date of each pay application or invoice. The 30-day payment condition is absolute, REGARDLESS of GC payment(s) from owner. TC.5 : Performance and Payment Bonds are NOT offered on this project. TC.6 : This proposal shall be included as an exhibit to any contractual agreement between the parties and shall define and bind the parties to the EXACT LOCO Scope-of-Work, Scope Specific Stipulations & Qualifications, Exclusions, Payment Terms, Unit & Alternate Prices, Labor Rates and Equipment Rates TC.7 : LOCO standard Insurance requirements included herein a. Commercial General Liability $1,000,000 b. General Aggregate $2,000,000 c. Automobile Liability $1,000,000 d. Umbrella Liability $2,000,000 e. Worker Compensation $1,000,000 f. ANY LIMITS ABOVE THESE STATED LOCO STANDARD LIMITS WILL REQUIRE ADDITIONAL, CHARGE TO FINAL CONTRACT AMOUNT TC.8 : COVID 19: LOCO has developed and includes, as an ongoing business practice, a Covid- controls, policies, and practices specific to the work activities of our core trade activities. The LOCO BCP includes the following aspects: a. b. in on-site work activities c. LOCO CSO will have authority to remove personnel exhibiting symptoms HOURLY LABOR RATES LR1 Superintendent $65.00/hour LR2 Foreman $50.00/hour LR3 Journeyman $47.50/hour LR4 Operator $45.00/hour LR5 Truck Driver $45.00/hour LR6 Laborer $40.00/hour LR7 All off hour, weekend or more than Forty (40) hours a week multiply the above hourly rates by 2x EQUIPMENT RATES E1 Any Equipment required will be billed at local rental rates plus a 15% mark-up DocuSign Envelope ID: 2CC27F97-A3EE-4081-8063-798B4E4E563E Lopez Construction Services, LLC ® NCHUB CERTIFIED WBE 11/13/21 PO Box 2031 -- Chapel Hill, NC 27516 5 of 5 919.672.6961 phone mlopez@loco-cs.com DocuSign Envelope ID: 2CC27F97-A3EE-4081-8063-798B4E4E563E DocuSign Envelope ID: 2CC27F97-A3EE-4081-8063-798B4E4E563E ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 7/22/2021 (919) 469-2473 (919) 467-4987 28665 CT Wilson Construction Co, Inc 150 Golden Drive, Suite 200 Durham, NC 27705 10677 12572 19489 A 1,000,000 X EPP 0149137 7/1/2021 7/1/2022 500,000 10,000 1,000,000 3,000,000 3,000,000 1,000,000A EPP 0149137 7/1/2021 7/1/2022 15,000,000A EPP 0149137 7/1/2021 7/1/2022 15,000,000 0 B EWC 0394380 7/1/2021 7/1/2022 1,000,000N1,000,000 1,000,000 C Rented/Leased Equip.S 2128637 7/1/2021 Limit 100,000 D Prof/Pollution 0310-8347R4 7/1/2021 7/1/2022 Limit 1,000,000 Operations of the Named Insured covered by the above referenced policies. C Builders Risk (Quarterly Reporting) Policy No. S2128637 7/1/2021 to 7/1/2022 Limit $10,000,000 Re: #1643 Orange County Facility Renovations Orange County is included as additional insured with respects to General Liability if required by written contract. Orange County Government 300 W. Tyron Street, Room 240 Hillsborough, NC 27278 CTWILSO-01 LHAMLET Trisure, an Alera Group Company4325 Lake Boone Trail, Suite 200Raleigh, NC 27607 Lori F. Hamlet lhamlet@trisure.com Cincinnati Casualty Co. Cincinnati Insurance Co. Selective Insurance Co. of America Allied World Assurance Company X 7/1/2022 X X X X X X X X X DocuSign Envelope ID: 2CC27F97-A3EE-4081-8063-798B4E4E563E