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HomeMy WebLinkAboutAgenda - 10-01-2024; 8-i - Construction Bid Award for the Motor Pool, Maintenance Shop, and Public Transportation Automatic Transfer Switches and Generator Power 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 1, 2024 Action Agenda Item No. 8-i SUBJECT: Construction Bid Award for the Motor Pool, Maintenance Shop, and Public Transportation Automatic Transfer Switches and Generator Power DEPARTMENT: Asset Management Services (AMS) ATTACHMENT(S): INFORMATION CONTACT: Angel Barnes, 919.245.2628 1) Certified Bid Tabulation and Alan Dorman, 919.245.2627 Recommendation Letter Jovana Amaro, 919.245.2651 2) Construction Contract PURPOSE: To: 1) Approve a construction contract with Hamlett Associates for the automatic transfer switch installation at the Motor Pool facility, the installation of an automatic transfer switch and generator at the Public Transportation Administrative Building, and the installation of an automatic transfer switch and existing generator at the Maintenance Shop; and 2) Authorize the County Manager to execute the Agreement, subject to final review by the County Attorney, and any subsequent amendments for contingent and unforeseen requirements up to the approved budget amount on behalf of the Board. BACKGROUND: The Board approved funding within the Capital Investment Plan to install an automatic transfer switch (ATS)to the generator system at the Orange County Motor Pool Facility. The generator at the facility is set up to run the Public Transportation Administrative Offices when there are power outages. However, the system has a manual transfer switch that does not meet the current electrical standards. The new system will work automatically and meet the current electrical standards. The Board also approved funding to relocate an existing generator from the old County Jail to the Asset Management Services Maintenance Shop to provide power during outages to continue operations. In July 2024, Orange County published an Advertisement for Bids, and on August 7, 2024, the County received four (4) bids from General Contractors (Attachment 1). The base bid includes the full scope to add an automatic transfer switch at the Motor Pool Facility. The Alternate 1 scope includes installing a new generator and automatic transfer switch for the Public Transportation Administration building, and Alternate 2 includes the relocation of the existing generator from the Old Jail and installation at the Maintenance Shop with an automatic transfer switch. FINANCIAL IMPACT: The construction contract cost to complete the work as designed for the Motor Pool (Base Bid), Maintenance Shop (Alternate 2), and Public Transportation (Alternate 1) 2 Automatic Transfer Switches and Generator Power Project will be for $430,100. The Board previously approved funding for this purpose. ALIGNMENT WITH STRATEGIC PLAN: This item supports: • GOAL 1: ENVIRONMENTAL PROTECTION AND CLIMATE ACTION OBJECTIVE 2. Invest in our infrastructure to reduce the environmental impact of the County fleet/facilities and improve safety. RECOMMENDATION(S): The Manager recommends that the Board: 1) Approve a construction contract with Hamlett Associates for the automatic transfer switch installation at the Motor Pool facility, the installation of an automatic transfer switch and generator at the Public Transportation Administrative Building, and the installation of an automatic transfer switch and existing generator at the Maintenance Shop; and 2) Authorize the County Manager to execute the Agreement, subject to final review by the County Attorney, and any subsequent amendments for contingent and unforeseen requirements up to the approved budget amount on behalf of the Board. 3 Progressive Design Collaborative,Ltd o 3101 Poplorwoocl Court, Suite 320 Raleigh, North Carolina 27604 919-790-9989 August 7, 2024 Ms. Angel Barnes Capital Projects Manager Orange County Asset Management Services Via Email Re: ORANGE COUNTY, NC— MOTOR POOL & MAINTENANCE SHOP PDC#23017 Ms. Barnes: Based on the attached bid tab for the referenced project, I am recommending Hamlett Associates be awarded the project for the base bid amount of$184,125 and $156,263 for Alternate#1 and $89,712 for Alternate#2 in the total amount of$430,100 to provide the HVAC renovations at the Orange County Motor Pool and Maintenance Shop. Sincerely, Steve W. Campbell, P.E. LEED AP PROGRESSIVE DESIGN COLLABORATIVE, LTD. Attachments: Certified Bid Tabulation Hamlett Associates Bid Submittal �� pdcengineers.com Progressive Design Collaborative, LLd - 3101 Poplorwood Court, Suite 320 Raleigh, North Corolino 27604 919-790-9989 CERTIFIED BID TABULATION ORANGE COUNTY, NC — MOTOR POOL & MAINTENANCE SHOP PDC PROJECT #23017 August 7, 2024 at 2:00pm CONTRACTOR LICENSE # M/WBE BID BOND BASE BID ALT 1 ALT 2 TOTAL AODD AODD Central Builders, Inc. 4176 X X $275,000 $148,000 $66,000 $489,000 X ---- Hamlett Associates 9628 X X $184,125 $156,263 $89,712 $430,100 X X HM Kern 8542 X X $257,000 $155,000 $85,000 $497,000 X X Progressive Contracting 36100 X X $265,700 $182,500 $150,600 $598,800 X X This is to certify this bid tabulation to be true and correct: '0 1CAR1111 �F ESSN%9 �' S/1 /� / Q �j. ,St "SEAL - Steve W. Campbell, PE LEED AP 025020 '� ���; PROGRESSIVE DESIGN COLLABORATIVE, LTD. ClN�F -e 8/7/24�� ` 5 FORM OF BID BOND KNOW ALL MEN BY THESE PRESENTS THAT Hamlett Associates Inc. as principal, and The Cincinnati Insurance Company , as surety, who is duly licensed to act as surety in North Carolina, are held and firmly bound unto Orange Couty a body politic and a political subdivision of the State of North Carolina through Orange County Government Finance and Administration Dept.Purchasing Division as obligee, in the penal sum of Five Percent of Amount Bid --(5%) DOLLARS, lawful money of the United States Of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed, sealed and dated this 7 day of August2024 WHEREAS, the said principal is herewith submitting proposal for Orange County, NC -Motor Pool and the principal desires to file this bid bond in lieu of making and Maintenance Shop the cash deposit as required by G.S. 143-129, NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION is such, that if the principal shall be awarded the contract for which the bid is submitted and shall execute the contract and give bond for the faithful performance thereof within ten days after the award of same to the principal, then this obligation shall be null and void; but If the principal fails to so execute such contract and give performance bond as required by G.S. 143-129, the surety shall, upon demand, forthwith pay to the obligee the amount set forth in the first paragraph hereof. Provided further, that the bid may be withdrawn as provided by G.S. 143-129.1 Hamlett Associates Inc. (SEAL) (SEAL) The Cincinnati Insurance Company (SEAL) SEAL) Jennifer Underhill,Attorney-in-Fact (SEAL) THE CINCINNATI INSURANCE COMPANY 6 THE CINCINNATI CASUALTY COMPANY Fairfield,Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That THE CINCINNATI INSURANCE COMPANY and THE CINCINNATI CASUALTY COMPANY,corporations organized under the laws of the State of Ohio,and having their principal offices in the City of Fairfield,Ohio (herein collectively called the"Companies"),do hereby constitute and appoint John R. Haldeman Jr.; James P. Lowrey; Jennifer Underhill; Michele Wood and/or Sara Grace Deese of Greensboro, Wilmington, High Point, Charlotte& Raleigh, NC their true and legal Attorneys)-in-Fact,each in their separate capacity if more than one is named above, to sign,execute, seal and deliver on behalf of the Companies as Surety, any and all bonds, policies, undertakings or other like instruments,as follows: Any such obligations in the United States, up to Thirty Five Million and No/100 Dollars($35,000,000.00). This appointment is made under and by authority of the following resolutions adopted by the Boards of Directors of The Cincinnati Insurance Company and The Cincinnati Casualty Company,which resolutions are now in full force and effect, reading as follows: RESOLVED,that the President or any Senior Vice President be hereby authorized,and empowered to appoint Attorneys-in-Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the Corporation,and may authorize any officer or any such Attorney-in-Fact to affix the corporate seal;and may with or without cause modify or revoke any such appointment or authority.Any such writings so executed by such Attorneys-in-Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. RESOLVED,that the signature of the President or any Senior Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted,and the signature of the Secretary or Assistant Vice-President and the Seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company. IN WITNESS WHEREOF,the Companies have caused these presents to be sealed with their corporate seals,duly attested by their President or any Senior Vice President this 16th day of March,2021. ee THE CINCINNATI INSURANCE COMPANY THE CINCINNATI CASUALTY COMPANY STATE OF OHIO )SS: COUNTY OF BUTLER ) On this 16th day of March,2021 before me came the above-named President or Senior Vice President of The Cincinnati Insurance Company and The Cincinnati Casualty Company,to me personally known to be the officer described herein,and acknowledged that the seals affixed to the preceding instrument are the corporate seals of said Companies and the corporate seals and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction of said corporations. IAL'''•'••aaa.aaaearaa>aea d •* ?�I eE Keith Coett,Attorney at Law F Notary Public—State of Ohio My commission has no expiration date. ""e"�aTgrE OF �,r\''• Section 147.03 O.R.C. 1,the undersigned Secretary or Assistant Vice-President of The Cincinnati Insurance Company and The Cincinnati Casualty Company, hereby certify that the above Is the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Power of Attorney is still in full force and effect. Given under my hand and seal of said Companies at Fairfield, Ohio,this 7 day of August 2024 •c�a\\Iniuranae �a�ad(aroa//ye 0 � SE�ALg ` SEAAL � OH1p OHIO BN-1457(3/21) 7 Orange County Bid Checklist Items to be returned with Bid Contractor Signed Bid Forms �f Living Wage Contractor Policy V E-Verify Affidavit Orange County Nondiscrimination Certification [.Supplemental Vendor Information; Historically Underutilized Businesses VMB Participation Forms y Bid Bond [ ly Safety Questionnaire 5/15/2023 8 OC Motor Pool and Maintenance Shop Section 00 52 00 - BID/ACCEPTANCE FORM for ORANGE COUNTY MOTOR POOL AND MAINTENANCE SHOP This project consists of the following: Motor Pool - Rework standby generator system to automate the change-over. Admin Building -Add a standby gas-fired generator and rework the power distribution, Maintenance Facility - Relocate an existing gas generator to the existing maintenance facility, tie into system, and make modifications as needed. We are in receipt of Addendum 2 Addendum 3 Addendum 1 Addendum 4 Addendum 5 Addendum 6 The undersigned, as bidder, proposes and agrees if this bid is accepted to contract with ORANGE COUNTY, NORTH CAROLINA for the furnishing of all materials, equipment, and labor necessary to complete the construction of the work described in these documents in full and complete accordance with plans, specifications, and contract documents, and to the full and entire satisfaction of the Own�xf�yr he_sumC�of: BASE BID MOTOR POOL SCOPE QA)ei ) liz OI�P. O aDolla'rs $ O� J ALTERNATE#1 BID: ADMINISTRATION BUILDING SCOPE(ADD/DEDUCT) Dollars $�W d l0(�p1 7 ALTERNATE#2 BID: MAINTENANCE FACILITY SCOPE (ADD/DEDUCT) Dollars General Subcontractor License#: Electrical Subcontractor .,h� License#: , Respectively submitted this I day of AQg, A44 2021 "amtoA4 AStCYj a4f St1v-\c (Contractor's N ) By:. Title: PPr«; (Owner, partner, corp. Pres. Or Vice President) Address:3lo4 � M�t�s R&L-61 Urv,ax, Nc 'A-Q33 Email Address:m;ch421®hamta Yfa (Corporate Sea]) License#: q(oag ACCEPTED by Total amount of accepted by the owner, included base bid and bid alternates: TITLE: END OF SECTION 00 52 00 PDC Project 23017 BID/ACCEPTANCE FORM 00 52 00- 1 9 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 Acknowledged Receipt by: Company Name: teNk Asso<<o�ycs, N.nC Date: QC)Q,,1 10 STATE OF NORTH CAROLINA AFFIDAVIT ORANGE COUNTY ************************** I, i C1nae j. C ca`� (the individual attesting below), being duly authorized by and on behalf of ��O�OnIPr�k [%_�Y1G (the entity bidding on project hereinafter"Employer")after first being duly sworn hereby swears or affirms as follows: 1. Employer understands that E-Verify is the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law in accordance with NCGS§64-25(5). 2. Employer understands that Employers Must Use E-Verify. Each employer, after hiring an employee to work in the United States,shall verify the work authorization of the employee through E-Verify in accordance with NCGS§64-26(a). 3. Employer is a person, business entity, or other organization that transacts business in this State and that employs 25 or more employees in this State. (mark Yes or No) a. YES ✓ , or b. NO 4. Employer's subcontractors comply with E-Verify, and if Employer is the winning bidder on this project Employer will ensure compliance with E-Verify by any subcontractors subsequently hired by Employer. This '1"" day of_AtAAu,s�r 20,214. Signature of Affiant Print or Type Name: M iGhgei( Crwio, State of North Carolina, County 'GL6 Ifbrd D i� Signed and sworn to (or affirmed) before me,this the 1 xo ,,"� N WF� '�-,,,, day of , 20,S . �, ,° Gomm. C My Commission Expires: Le Vo--fw � ° � v P NLO � OgICo�,� m 0�A nber 18,? Notary Public v f'�., ycooN,,,�,. 11 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 12 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: K ehae Gray a Printed Name and`'fiitle On behalf of �Aamk4� A�sor_'(ooe_s �oc �amI?A AS®c(a+e_S, In c. Company or Corporate name 13 Supplemental Vendor Information: HISTORICALLY UNDERUTILIZED BUSINESSES Historically Underutilized Businesses (HUBs) consist of minority, women and disabled business firms that are at least fifty-one percent owned and operated by an individual(s)of the categories.Also included in this category are disabled business enterprises and non-profit work centers for the blind and severely disabled. Pursuant to G.S. 14313-1361(a), 143-48 and 143-128.4, the County invites and encourages participation in this procurement process by businesses owned by minorities, women, disabled, disabled business enterprises and non-profit work centers for the blind and severely disabled. This includes utilizing subcontractors to perform the required functions in this RFP/RFQ. Any questions concerning NC HUB certification, contact the North Carolina Office of Historically Underutilized Businesses at (919) 807- 2330. The Vendor shall respond to question #1 and#2 below. 1) Is Vendor a Historically Underutilized Business? ❑ Yes rNo 2) Is Vendor Certified with North Carolina as a Historically Underutilized Business? ❑ Yes [-No If so, state HUB classification: NIA 14 Attacli to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Identification of HUB Certified/ Minority Business Participation (Name of Bidder) do hereby certify that on this project, we will use the following HUB Certified/ minority business as construction subcontractors, vendors, suppliers or providers of professional services. Firm Name, Address and Phone # Work Type *Minority **HUB Category Certified Y/N *Minority categories: Black, African American (B), Hispanic(H), Asian American (A)American Indian (1), Female (F)Socially and Economically Disadvantaged (D) ** HUB Certification with the state HUB Office required to be counted toward state participation goals. The total value of minority business contracting will be ($) Gee MBForms 2002-Revised July 2010 15 Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid State of North Carolina AFFIDAVIT A- Listing of Good Faith Efforts County of Gltti (Name of Bidder) Affidavit of Arnip.44 ,��� a�j I have made a good faith effort to comply under the following areas checked: Bidders must earn at least 50 points from the good faith efforts listed for their bid to be considered responsive. (1 NC Administrative Code 30 1.0101) © 1 —(10 pts) Contacted minority businesses that reasonably could have been expected to submit a quote and that were known to the contractor, or available on State or local government maintained lists, at least 10 days before the bid date and notified them of the nature and scope of the work to be performed. isila 2 ­(10 pts) Made the construction plans, specifications and requirements available for review by prospective minority businesses, or providing these documents to them at least 10 days before the bids are due. ❑ 3—(15 pts) Broken down or combined elements of work into economically feasible units to facilitate minority participation. ❑ 4—(10 pts)Worked with minority trade, community, or contractor organizations identified by the Office of Historically Underutilized Businesses and included in the bid documents that provide assistance in recruitment of minority businesses. Qj 5—(10 pts)Attended prebid meetings scheduled by the public owner, ❑ 6—(20 pts) Provided assistance in getting required bonding or insurance or provided alternatives to bonding or insurance for subcontractors. ❑ 7—(15 pts) Negotiated in good faith with interested minority businesses and did not reject them as unqualified without sound reasons based on their capabilities. Any rejection of a minority business based on lack of qualification should have the reasons documented in writing. ❑ 8—(25 pts) Provided assistance to an otherwise qualified minority business in need of equipment, loan capital, lines of credit, or joint pay agreements to secure loans, supplies, or letters of credit, including waiving credit that is ordinarily required. Assisted minority businesses in obtaining the same unit pricing with the bidder's suppliers in order to help minority businesses in establishing credit. LO 9—(20 pts) Negotiated joint venture and partnership arrangements with minority businesses in order to increase opportunities for minority business participation on a public construction or repair project when possible. ❑ 10-(20 pts) Provided quick pay agreements and policies to enable minority contractors and suppliers to meet cash-flow demands. The undersigned, if apparent low bidder, will enter into a formal agreement with the firms listed in the Identification of Minority Business Participation schedule conditional upon scope of contract to be executed with the Owner. Substitution of contractors must be in accordance with GS143-128.2(d) Failure to abide by this statutory provision will constitute a breach of the contract. The undersigned hereby certifies that he or she has read the terms of the minority business commitment and is authorized to bind the bidder to the commitment herein set forth. Date:' 7,-I-QrA 4 Name of Authorized Officer: Signature: o \N WE State of 1 u eayiwounty of �( !►,r day of 20c�Y' NO gRYSLX�I Subscribed an sworn to before me its y� pU lC U = Notary Public ' My commission expires 0� "*erAa; CC OVA WVw" i 502-Revised July 2010 16 Contractor's Safety Record Information The Contractor's safety record shall be reviewed and evaluated in addition to other quality and performance criteria as part of bid evaluation process. Failure to provide the requested information and documentation may result in rejection of your bid as non-responsive. Accordingly, all bidders must submit the following information regarding their safety record. The following definitions shall apply to this section: "DART incident rate"—Acronym for"Days Away, Restrictions and Transfers". The DART incident rate may be used to show the relative level of injuries and illnesses within a firm compared to the industry. It is based only on those injuries and illnesses severe enough to warrant"Days Away, Restrictions and Transfers". The DART incident rate is calculated using OSHA's Form 300 and the following formula: ((Number of entries in column H (days away from work) + column I (job transfer or restriction)x 200,000)/(Number of hours worked by all employees) =DART Incident rate. `EMR"—Acronym for"Experience Modification Rate," is an indicator of a contractor's past safety performance, widely used by the insurance industry as an equitable means of determining premiums for workers' compensation insurance. The rating system considers the average workers' compensation losses for a given firm's type of work and amount of payroll and predicts the dollar amount of expected losses to be paid by that employer in a designated rating period, usually three years. The rating is based on comparison of firms doing similar types of work, and the employer is rated against the average expected performance in each work classification. Losses incurred by the employer for the rating period are then compared to the expected losses to develop an experience rating. "OSHA"—Acronym for the Federal Occupational Health and Safety Administration. The term "OSHA" as used in this Policy also refers to any state or local agency having jurisdictional authorization to enforce worker safety requirements and assess fines or warnings for violation of worker safety standards. l. OSHA DART Incident Rate. Provide the bidder's DART Incident Rate calculated from OSHA's Form 300 for the last three years and the other required information shown in the example table below. The bidder must attach all supporting documentation and calculations including certified OSHA forms. 17 YEAR CONTRACTOR INDUSTRY INDUSTRY FIELD AND CODE DART DART INCIDENT RATE INCIDENT RATE 2021 0 1.8 General Contractor- In ustEa & Commercial- 1541 2022 0 1.9 General Contractor- Industrial & I Commercial - 1541 2023 2.16 1.7 eneral Contractor- Industrial & 2. Experience Modification Rate (EMR). Provide the bidder's most recent Experience Modification Rate (EMR) based on insurance claims history. The bidder must provide the source of the EMR information and contact information of insurer entity providing the EMR. YEAR CONTRACTOR INDUSTRY FIELD AND NAME AND CONTACT EMR CODE INFO FOR EMR INFORMATION 2021 .76 General Contractor-Industrial McGriff Insurance 2022 77 &Commercial - 1541 4309 Emperor Blvd. Suite 300 . Durham,NC 27703 2023 79 919-281-4545 Molly or Kara 3. Answer the following OSHA Specific Questions: (a) Within the last 2 years, has the bidder received any citations classified by OSHA as being(1) serious, (2)willful and/or(3) repeat violations where your company operates? Yes No X If yes, attach a copy of each such citation and violation. (b) Has the bidder experienced any work-related fatalities within the last five years? Yes No X 18 (c) Has the bidder had any citations issued by OSHA as a result of work related fatalities within the past 5 years? Yes No X (d) Is the bidder under investigation for any work-related fatalities? Yes No X (e) If your answer is "yes"to 3(b), (c) or (d),provide a copy of the citation(s), list of number(s) of fatalities and documented explanation of the fatality. 4. Safety Plan: (a) Does the company have a written safety program that includes responsibility for all aspects of safety management? Yes X No (b) Does the company have a written plan for safety training of new employees and ongoing training of existing employees? Yes X No (c) Does the company have documented evidence of safety training that they have conducted? Yes X No (d) If the company has employees with limited English ability, does the company have a written plan for ensuring that their employees understand the training they are being given? Yes X No (e) Do all supervisors have an appropriate documented level of OSHA training (e.g., a minimum of 30 hour OSHA construction safety training)? Yes X No 19 (f) Do employees have documented basic OSHA IQ hour construction safety training? Yes X No (g) Does the company have a documented Hazard Communication Program? Yes X No 5. Required Written Explanation of Safety Record. If the bidder has any of the following: (a) DART incident rate greater than its industry average, (b) an EMR greater than 1.0, (c) answered "yes" to any of the OSHA Specific Question above, or (d) answered "no"to any of the Safety Plan questions, the bidder shall provide the County, in its bid, a detailed written explanation of its safety record and the reasons why such safety history is NOT representative of its future performance and what specific actions it has taken to improve its overall safety record. Failure to provide a written explanation of its safety record pursuant to this paragraph may be deemed as non-responsive by the County. 20 [Departmental Use Only] TITLE Generator MP,OPT Maint FY 2024-2025 RFP5417 NORTH CAROLINA CONSTRUCTION AGREEMENT OVER$250,000.00 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter called "Agreement"), made as of the 2nd day of October, 2024, by and between Hamlett Asscoiates, 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 General Conditions which are fully incorporated in this Agreement, the Request for Proposals, designer approved communications and field orders, the Proposal, Construction Documents and 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 and incorporated General Conditions attached as Exhibit 1. b. Designer approved and stamped construction documents and drawings and written specifications. c. Designer approved communications and field orders. d. Request for Proposals and addenda thereto. e. Proposal. 2. SCOPE OF WORK The Contractor shall furnish and deliver all of the materials, and perform, and be fully responsible for 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 Progressive Design Collaborative, Ltd. (PDC) (Sheet G0.01 Cover Sheet, P0.01 Lead Sheet, P1.01 New Work Plans, E0.01 Lead Sheet, E1.01 Motor Pool Bldg Demolition Plan, E1.02 Motor Pool Bldg New Work Plan, E1.03 Transportation Admin Bldg Demolition and New Work Plans, E1.04 Maintenance Bldg Demolition and New Work Plans, E5.01 Details, E6.04 Motor Pool Bldg Demolition and New Work Risers, E6.02 Risers, E6.03 Risers, E7.01 Schedules dated June 24, 2024) Revised 01/24 1 21 b. Written specifications prepared by the Designer. c. Hamlett Asscoiates, Inc. proposal dated August 7, 2024 which fully describes the work to be performed, such work(hereinafter called the"Work"). d. Related documents listed under Section 1 above. 3. TERM AND SCHEDULING a. The Contractor agrees to commence work pursuant to the written Notice-to Proceed. b. The Contractor agrees to complete substantially all Work included by November 19, 2025. 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. 4. STANDARD OF CARE AND DUTIES OF CONTRACTOR a. The Contractor shall exercise reasonable care and diligence in performing the Work in accordance with the 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,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 Contractor, Subcontractor, and Sub-subcontractor errors or omissions, in the performance of the Agreement together with the errors and omissions of any agent or employee of the Contractor or any Subcontractor or Sub-subcontractor. 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. 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 Orange County policy is incorporated herein by reference and may be viewed at http://www.oran eg countync. og v/departments/purchasing division/contracts.php). Any Revised 01/24 2 22 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. f. If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Contractor represents that it and its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. g. The Contractor shall supervise and direct the Work efficiently and with the Contractor's best skill and attention. Except as specifically set forth in the Contract Documents the Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction, and for safety precautions and programs in connection with the Work. The Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. h. The Contractor shall appoint a competent Project Manager with general authority to manage the Project for the Contractor. The Contractor shall also keep on the Project at all times during the Work of the Contractor a competent Resident Superintendent and necessary assistants who shall not be replaced without prior written approval by the Designer or by the Owner if a Designer is not retained for the Project. i. If, in the opinion of the Designer, any Subcontractor on the Project is incompetent or otherwise unsatisfactory, such Subcontractor shall be replaced by the Contractor with no increase in the Contract Price if and when directed by the Designer. j. The Contractor shall attend all progress conferences and all other meetings or conferences. The Contractor shall be represented at these progress conferences by a representative having the authority of the Project Manager and by such other representatives as the Designer may direct. k. Costs and expenses of providing samples for and assistance in any testing shall be borne by the Contractor. Any Work in which untested materials are used without written approval or written permission of the Owner or Designer shall be removed and replaced at Contractor's expense. 1. The Contractor shall obtain all necessary permits including all permits required to complete the Work in compliance with local, state, and federal law. 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 Four Hundred Thirty Thousand, One Hunred Dollars ($430,100.00). Not later than the fifth (5th) day of each calendar month the Contractor shall submit to the Owner's Representative, generally the Designer if a Designer is retained on the Work, a Request for Payment for work done during the previous calendar month. Revised 01/24 3 23 (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 Progressive Design Collaborative, LTD. 3101 Poplarwood Court, Suite 320, Raleigh, NC 27604 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%) (the"Retainage"). (1) Upon Owner's Representative's certification that fifty percent (50%) of the Work has been satisfactorily completed Retainage shall be reduced to two and one half percent(21/z%). (2) 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. (3) The Owner may discontinue withholding retainage in accordance with the provisions ofNCGS-143-(bl)(2)when the project is 50% complete. (iii) Final payment shall not be due to the Contractor until thirty (30) days after Final Completion of the Work, including punch list work, has been satisfactorily (as determined by the County) completed and an appropriate Affidavit, Indemnification, and Release as required in Section 5.4(e) of Exhibit 1 has been received and approved 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 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. d. Should the Owner receive notice that the Contractor has failed to pay a Subcontractor for the Work performed related to a Request for Payment, Owner shall have the authority to withhold payment of the disputed amount until parties resolve their dispute. Failure to pay the Revised 01/24 4 24 Contractor pursuant to this section of the Agreement shall not be deemed to be a breach of the Agreement. 6. 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 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. 7. 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 Hamlett Asscoiates, Inc. Attn: A. Barnes Attn: Michael Craig P.O. Box 8181 3704 Security Mills Road Hillsborough,NC 27278 Climax,NC 27233 8. 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 parry 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 Revised 01/24 5 25 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 Designer, if a Designer 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 Designer under this section shall be paid at Contractor's expense. e. The County has designated(Angel Barnes) to act as the County's representative with respect to the Project 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. f. The Contractor shall not assign any portion of this Agreement nor subcontract the Work in its entirety without the prior written consent of the Owner. g. 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. h. 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. 9. CONSEQUENTIAL DAMAGES a. Owner and Contractor mutually waive any claim against each other for consequential damages. Consequential Damages include: (i) Damages incurred by Owner for loss of use, income, financing, or business. (ii) Damages incurred by Contractor for office expenses, including personnel, loss of financing, profit, income, business, damage to reputation, or any other non-direct damages. 10. 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 or General Conditions shall be declared invalid or unenforceable,the remainder of the Agreement shall continue in full force and effect. [SIGNATURE PAGE TO FOLLOW] Revised 01/24 26 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and date first above written in a number of counterparts, each of which shall, without proof or accounting for other counterparts,be deemed an original contract. ORANGE COUNTY: CONTRACTOR: By: By: Travis Myren, County Manager Michael Craig, President Printed Name and Title Revised 01/24