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HomeMy WebLinkAbout2011-045 Health - Trademasters Services, Inc. - Construction Agreement for Boiler and Pump Replacement~~ y~ [Departmental Use Only] TITLE Boiler & Pump Replacement FY 2011 NORTH CAROLINA ORANGE COUNTY CONSTRUCTION AGREEMENT UNDER $250,000.00 THIS CONSTRUCTION AGREEMENT (hereinafter called "Agreement"), made as of the 18`~ day of February , 2011, by and between Trademasters Services, Inc, (hereinafter called the "Contractor"), and Orange County, a body corporate and politic and a political subdivision of the State of North Carolina, (hereinafter called the "Owner"). WITNESSETH: That the Contractor and the Owner, for the consideration herein named, agree as follows: 1. 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 attached hereto and made a part hereof as if fully contained herein: a. Construction Drawings prepared by n/a (Sheet n/a dated n/a) b. Written specifications prepared by the project engineer. c. 1614 proposal dated January 13, 2011 which fully describes the work to be performed, such work hereinafter called the "Work". d. Other documents as follows: bid 1614, Trademasters response to 1614. 2. TERM AND SCHEDULING a. The Contractor agrees to commence work on the date of the executed original of this Agreement and agrees to complete fully all Work included by March 18, 2011. b. Time is of the essence with respect to all dates specified in the Contract Documents as Completion Dates. c. 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. d. 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. e. Should the Owner determine that the Contractor is behind schedule, it may require 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 at no additional cost to the Owner. Revised December 2010 ~" yS 3. 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/or 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, 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. Contractor agrees that Contractor, its employees, agents and its subcontractors, if any, shall be required to comply with all federal, state and local antidiscrimination laws, regulations and policies that relate to the performance of Contractor's services under this Agreement. f. If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Contractor represents that it and/or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. 4. 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 nineteen thousand two hundred and eighty Dollars ($19,280.00). Not later than the fifth (5th) day of each calendar month the Contractor shall submit to the Owner a Request for Payment for work done during the previous calendar month. The Request for Payment shall be in the form of a standardized invoice or AIA Document G702 and shall show substantially the value of the work done during the previous calendar month. The amount due for payment shall be ninety percent (90%) 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. Final payment shall not be due to the Contractor until thirty (30) days after all work has been satisfactorily completed. 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 seven (7) days to cure the breach. Owner may withhold the accompanying payment without penalty until such time as Contractor cures the breach. Should Contractor or its representatives fail to cure the breach within seven (7) 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. 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 Revised December 2010 furnish the Owner documentary evidence showing the materials used and sales and use tax paid by the Contractor and each of its subcontractors. 5. INSURANCE a. Minimum requirements -The Contractor shall obtain, at its sole expense, all insurance required under this Agreement and the Contractor shall not commence work until such insurance is in force nor shall the Contractor allow any Subcontractor to commence work on its subcontract until all insurance required to be procured by Subcontractors hereunder has been so obtained by or for the Subcontractor. All required insurance shall be procured from insurance companies licensed to do business in North Carolina with a Best's Insurance Guide Rating of A- or better. Coverage for the following types of insurance shall be maintained continuously during the life of the Project until Final Completion of the Work. Coverages shall be maintained continuously during the life of the Project until Final Completion of the Work for the following types of insurance in the amounts listed: i. Worker's Compensation Insurance with limits for Coverage AStatutory -State of North Carolina and Coverage B Employers Liability $500,000 each accident and policy limit and disease each employee. ii. Comprehensive General Liability and Property Damage Insurance ($500,000 Each Occurrence; $1,000,000 Aggregate). iii. Contractual Liability (Bodily Injury and Property Damage $500,000 Each Occurrence; Property Damage $1,000,000 Aggregate). iv. Personal Injury, with Employment Exclusion deleted ($1,000,000 Aggregate). v. Comprehensive Automobile Liability Insurance (Bodily Injury $100,000 Each Person/Each Accident, $300,000 Each Occurrence; Property Damage $100,000 Each Occurrence). b. Additional Insured -The Owner shall be named as additional insured on all forms of insurance except Worker's Compensation. Each certificate of insurance and policy required hereunder, except the worker's compensation policy, shall bear the provision that "The policy cannot be canceled or reduced in amount and that coverage cannot be eliminated in less than thirty (30) days after mailing written notice to the Owner of such alteration, cancellation, or elimination, the written notice to be sent by Certified Mail. 6. INDEMNITY a. The Contractor shall indemnify and hold harmless to the extent permitted by law the Owner and its agents and employees from and against any and all claims, damages, losses and expenses, including attorney's fees, arising out of or resulting from the performance or nonperformance of the Work, provided that any such claim, damages, loss or expense (A) is attributable to bodily injury, sickness, disease or death or injury to, or destruction of, property, including the loss of use resulting therefrom; and (B) is caused in whole or in part by any breach of any provision of the Agreement or by any negligent or wrongful act or omission of the Contractor, any Subcontractor, or supplier of the Contractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The indemnification obligation under this paragraph shall not be limited in any way by any limitation of the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' compensation acts, disability benefits acts or other employee benefit acts. 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 5 above. Revised December 2010 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 in a form and substance mutually acceptable to Owner and Contractor. d. By executing this Agreement Contractor agrees to abide by and be bound by the indemnification provisions of Section 6(c) above. 7. GOVERNING LAW 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 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. 8. NON-ASSIGNMENT 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. 9. NON-APPROPRIATION Contractor acknowledges that Owner is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of Owner's obligations under this Agreement, then this Agreement shall automatically expire without penalty to Owner immediately upon written notice to Contractor of the unavailability and non-appropriation of public funds. It is expressly agreed that Owner shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the Owner's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects Owner's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to Owner upon written notice to Contractor of such limitation or change in Owner's legal authority. 10. 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 Trademasters Services, Inc Attn: David Cannell Attn: Rick Moser P.O. Box 8181 4528 Hillsborough Rd, suite 103 Hillsborough, NC 27278 Durham, NC 27705 11. TERMINATION 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. 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 Revised December 2010 4 safe and efficient manner. 12. 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 in a number of counterparts, each of which shall, without proof or accounting for other counterparts, be deemed an original contract. ORANGE COUNTY t /f . ~/v Signat e Frank W. Clifton, ager CONTRACTOR Signature Rick Moser President Printed Name and Title Thi instrument has been approved as to technical content. l~!/YYZ Pam Jones;.De ment Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. C~q,~.~.u, ~. Office of the Finance Director This i ument has been approved as to legal form and sufficiency. Office of the Cou Attorney Revised December 2010 5 ® A ~ CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 02/10/2011 ~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER NAME: Tim Foster The Insurance Pros. Inc. PHONE .919 294-6613 a/c No :866 294-9470 3200 Croasdaile Dr. E~nAIL DR Suite 603 NC 27705 Durham INSURERS AFFORDING COVERAGE NAIC # , INSURERA: Erle Insurance EXChan e INSURED INSURER B : Efle IrISUranCe EXChange Trademasters Services Inc INSURERC: Erie Insurance Exchange 4528 Hillsborough Road INSURER D : Erie Insurance Exchan e Unit 103 NC 27705 Durham INSURER E , INSURER F n~eTl~InwTC SU USOt=D. REVISION NUMBER: VVVCRAbCJ {d Gr~rlrlVfl~ V LV~.~Y~... ---- - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS NOTWITHSTANDING ANY REQUIREMENT D , . INDICATE THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, ERTIFICATE MAY BE ISSUED OR MAY PERTAIN , C EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDD/YYYY LIMITS A GENERAL LIABILITY X Q381150570 2 11 2011 2 11/2012 EACH OCCURRENCE $ 1000000 DAMA R NTED 1000000 MERCIAL GENERAL LIABILITY PREMI ES Ea occurrence $ X COM ADE ~X OCCUR MED EXP (Any one person) $ 5000 CLAIMS-M PERSONAL&ADVINJURY $ 1000000 GENERAL AGGREGATE $ 2000000 ES PER ' PRODUCTS -COMP/OP AGG $ 2000000 : L AGGREGATE LIMIT APPLI GEN X POLICY PRO LOC 2/11/2011 2/11/2012 slN LE LIMIT D E~ a~d $ 1000000 g AUTOMOBILE LIABILITY X Q021130494 t e BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS OWNED NON PROPERTY DAMAGE $ - Pea ident HIRED AUTOS AUTOS $ UMBRELLA LIAB X Q261170113 2/11 /2011 EACH OCCURRENCE $ 5000000 OCCUR EXCESS LIAR MADE IMS C AGGREGATE $ LA - D DED O RETENTION $ WORKERS COMPENSATION Q861100481 2/11/2011 2/11/2012 wCSTATU- orH- $ AND EMPLOYERS' LIABILITY Y / N TNER/EXECUTIVE E.L. EACH ACCIDENT $ 1 OOOOOO © ANY PROPRIETOR/PAR OFFICER/MEMBER EXCLUDED? N / A E.L. DISEASE - EA EMPLOYE $ 1000000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1000000 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (Attach ACORD 707, Additional Remarks Schedule, N more space is required) Project: Boiler & Pump Replacement. Orange County is listed as Additional Insured. r Icw Orange County Attn: David Cannell P.O. Box 8181 4528 Hillsborough, NC 27278 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE . ~~ ~ n nI10 o/1~ A TIA\1 All r,..L.4c rnacrvnrl v ~avv-A.v ~v r~vv~~r ~~... ~......~ ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD Jan, 24. 2Q11 2.38PM TRADEMASTERS SERVICES INC No. 0538 P. 2 Thursday,.l8f+uazYK3~ 2411 $:os PM To: TR"ni-..w..rrna+ 9 i 964L'• 3~ ~ 1 Fr9m: oamd carmNl. 919-644-3324 a+IEVJ!!) PagC Z of 8 C©UNTY aF gRANGI= FINANCIAL SERVICES _ PURCHASING PO BOX 8181 HILLSBOROUGH, NORTH CAROLINA 27278 ORANGE COLiNTY BIB NO.1614 January 13, 2b11 ATTENTION: INTERESTEb VENDORS Orange Gounty requests your competitive quotation to furnish the item(s) {fisted below for the Orange County Spartsplex, Hiilsb~arough, NC. Lieer~se 16104 FIRM NAM Trademasters Services In.c . B Rick Moser (Proposal must be signed in writing) ADD~tESS 4528 Hillsborough Raad F,qX; 919-382-3332 ui e Durham, _ NC 27705 T'ELIrPH{JN~: 919-382-3330 ~~: rick@trademastersnc.com Please transmit this quotation via facsimile or deliver by hand or ll.S. Mail, to the Orange County Purchasing Agent-fsX~ (919) 644-3324 {NEW!!) , 200 So~sih Gamerpn Street, Hillsborough, NG27278 Ja~.24, 2011 2;38PM TRADEMASTERS SERVICES INC No. 0538 P. 3 ?huYddy,.l~n~ry18.2017 5;05 PM 7o:YR"n''~~~~"^^^ From; DAvi4CarntA 979-6a0-33Za (NEW!!) Pa9e_ 4 of 9 9196443041 SPI=GFICATIONS PRQJEC'f SPECIFICATIONS Project: REPLACING THE BOILER, REGREATION PUMP AND GOMPETITION PUMP BuildingJFacility: Spottspiex Location: T Ot Meadowlands prive. Hillsborough, NC 27278 Orange County requires bids to replace the boner, recreation pool pump and competition ppol pump. In order to minimise downtime and modifications onlyti~ds submitted using exact match to ebsting equipmen2Mn71 bs cosidEred. Please include a list defiverab[es as welt as unit priOeS with your bid. The project sh2s11 consist of all work speoifEed In the to~owing table. The spedficatbns be[dw era intended to describe Orange Count~ls need9_ Slightdeviatians mnybeacceptedwide advance approval try Orange County Purci ;acing. Please use the spade prvv~ded in #he'VARIANCE" oolum n to identify any proposed variances to th a specifications. This proj~Gtwifl be managed by the Prange County Purchasing and Public Works Departments Atl work sha0 comply with ad appliGSble national, state and IocaJ build"u~g codes. Contractor shag be reseongible for securing required permits. SucCGSEfut ConcruCtAr Shall be r~Spc,n.~ible for the FollbWin~ # DESGRiPTION YES NO VAaIANCE Boiler 1acen~en[ Sco e 'I Reosovell~]ace with z~cw Recpac Roc Pool Hater ~aic>z carne model (P-0514 and ca aci aS CxiSpne ! v 2 FtuniC}1 anal intitaII fuel diaeouaeet valve I i/c") at aeces.~ble }~igbt 3 Scan- Jcommis.~ion Poot'Pu s R lacanent Sco e 4 ):.SOlate R,~cxeaClan pool pump and rcp]ace complete a.~.tembly (ircludin? motor} vvi[h same mx~Re/mode] as existing (Marlow #f $ 9 $,OSC.14 HP Ob]P Motor $ Start- /comu~.ss'ioa 6 RchUrn old um asscmbl to Customer ~ Ltio]ate Compe[ition pool puma snd replace comp]etC a~.eemb]y (including motor) with same mal:eJmodcl a$ existing (Marlow ~ 5- 9 534SC. I,5 T~f' ODl' Motor 8 Srart u Jcamaaoission 9 10 Rotttrn ol[l u assembi to a[stomcr 'the pwrps will lx replaced rntc at a [imc to cn,~ure one Poo] is op~ at all times.. Thd boilrs must be camplCtpd in one daq Orange County Shall ba responsible far the l`'nl]oWing # DESCF~IPT101+1 Y1=S NO V 1 Access to worksite Jan, 24, 2011 2:38PM TRADEMASTERS SERVICES INC No, 0538. P, 4 ra alemas~ters Cornmercxal ~ridustrial HVAC 452$ Hillsborough Road, Suite, 103, Durham, NC 27705 Service: 919-680-6400, Office: 919-3$2-3330, is ax 919-382-3332 Orange Caunty Financial Services January 24, ZO11 Re: Deliverables Recreation Pool Boiler - Raypac Modei # P-0514 $7,200A0 Recreation Pool Pump - Mazlow # 3-9-530SC $3,261.60 Competition Paol Pump - Marlow # 5-9-530SC $4,460.40 All above existing equipment match Respectfull Submitted Rick Moser President NC License # 16104 I~-1, H-2, H-3 Jan. 24. 2011 2:37PM TRADEMASTERS SERVICES INC Il/7~~~~~~~~~ No. Q538 P. 1 ~'~.CSl~ll~~ ~1~~~11 . TO~ David Carit]ell Fay 919-644-3324 ~''°"'~ R.ick Moser Date: 1/24/x01 I Re: BID # 1614 Pam: 4 including Ca`vez~ rick[c~trademastersnc.com COUNTY OF ORANGE FINANCIAL SERVICES -PURCHASING PO BOX 8181 HILLSBOROUGH, NORTH CAROLINA 27278 ORANGE COUNTY BID NO. 1614 January 13, 2011 ATTENTION: INTERESTED VENDORS Orange County requests your competitive quotation to furnish the item(s) listed below for the Orange County Sportsplex, Hillsborough, NC. Please transmit this quotation via facsimile or deliver by hand or U.S. Mail, to the Orange County Purchasing Agent- fax# (919) 644-3324 (NEW!!) , 200 South Cameron Street, Hillsborough, NC 27278 by January 24 at 3:00 PM ITEM QTY COMMODITIES/GOODS OR SERVICES TOTAL # COST LUMP SUM COST FOR REPLACING THE BOILER, 1 1 RECREATION PUMP AND COMPETITION PUMP AT THE ORANGE COUNTY SPORTSPLEX PER ATTACHED SCOPE OF $ WORK Will any people working on this job make less than $10.33 per hour YES NO If yes, the lowest hourly wage to be paid any employee shall be: $ /HOUR TIME IS OF THE ESSENCE AND MAY BE CONSIDERED WHEN MAKING AWARD! PLEASE STATE START DATE IF YOU ARE AWARDED THE JOB PLEASE STATE THE NUMBER OF DAYS TO COMPLETE THE WORK - DAYS PLEASE SEE ATTACHED INSTRUCTIONS TO BIDDERS License ADDRESS FIRM NAME BY (Proposal must be signed in writing) FAX: TELEPHONE: EMAIL: COUNTY OF ORANGE FINANCIAL SERVICES -PURCHASING PO BOX 8181 ^ 200 South Churton Street HILLSBOROUGH, NORTH CAROLINA 27278 Instructions to Bidders 1.All bids and proposals shall be for furnishing apparatus, supplies, materials, equipment and/or work and services in accordance with the applicable plans and specifications prescribed by Orange County. Plans and/or specifications may be obtained at the Orange County Finance Department Purchasing Division, 200 S Cameron Street, Hillsborough, North Carolina 27278. 2.Orange County reserves the right to: o award lowest responsible bidder that is responsive, o to reject any or all bids, o and to waive minor irregularities. 3.The successful bidder shall comply fully with the requirements of General Statutes, Section 143-129 and 143- 131, as amended. This is an the informal range, therefore there will not be a formal opening. Results will be made available after award. 4.In the event of default by any contractor or vendor Orange County may procure from other sources whatever service or item is being bid, and hold the contractor responsible for any excess cost occasioned thereby. 5.Payment by check is due thirty days after completion and inspection unless otherwise specifically provided; subject to any discounts allowed. 6.North Carolina sales and use tax shall be included in the bid amount. 7.Bids submitted via facsimile shall be accepted. Fax to 919-644-3324. 8.Proposals received after opening date and time shall not be considered. 9.Bids must be signed and submitted on the attached form of proposal 10. All bids must be returned in a sealed envelope with the bid number, opening date and license number prominently displayed. 11. The successful contractor shall be responsible for obtaining all permits and inspections. 12. Please direct any questions concerning the bid process to David Cannell, Purchasing Agent, 919-245-2651. 13. The successful contractor shall be required to agree to and sign the Orange County Construction Agreement Under $250,000.00 (copy attached). Among the items included in that agreement are the County's Insurance requirements and sales tax. 14. All contractors are hereby notified that they must have proper license under the State laws governing their respective trades. Please display license number on your submittal. 15. Please direct questions concerning this bid to David Cannell, Purchasing Agent, Orange County Financial Services Services, (919) 245-2651 or via email at dcannellQa co.orange.nc.us. 16. A site visit is scheduled Tuesday January 18, 2011 @2:00 pm. We will meet at Triangle Sportsplex 101 Meadowlands Drive, Hillsborough, NC 27278. This is the only scheduled time for contractors to view the site. By submitting a bid the contractor acknowledges full comprehension of the scope of this project. SPECIFICATIONS PROJECT SPECIFICATIONS Project: REPLACING THE BOILER, RECREATION PUMP AND COMPETITION PUMP Building/Facility: Sportsplex Location: 101 Meadowlands Drive, Hillsborou h, NC 27278 Orange County requires bids to replace the boiler, recreation pool pump and competition pool pump. In order to minimize downtime and mod'rfications only bids submitted using exact match to existing equipment will be cosidered. Please include a list deliverables as well as unit prices with your bid. The project shall consist of all work spec'rfied in the following table. The spec'rfications below are intended to describe Orange County's needs. Slight deviations may be accepted with advance approval by Orange County Purchasing. Please use the space provided in the 'VARIANCE" column to identify any proposed variances to the spec'rfications. This projectwill be managed bythe Orange County Purchasing and Public Works Departments. All work shall comply with all applicable national, state and local building codes. Contractor shall be responsible for securing required permits. Successful Contractor Shall be responsible for the Following # DESCRIPTION YES NO VARIANCE Boiler Re lacement Sco e 1 Remove/Replace with new Recpac Rec Pool Heater with same model (P-0514) and ca acit as existin . 2 Furnish and install fuel disconnect valve (1 1/a") at accessible hei ht 3 Start-u /commission Pool Pum s Re lacement Sco e 4 Isolate Recreation pool pump and replace complete assembly (including motor) with same make/model as existing (Marlow # 3- 9 530SC, 10 HP ODP Motor 5 Start-u /commission 6 Return old um assembl to customer 7 Isolate Competition pool pump and replace complete assembly (including motor) with same make/model as existing (Marlow # 5- 9 530SC, 15 HP ODP Motor 8 Start-u /commission 9 Return old um assembl to customer 10 The pumps will be replaced one at a time to ensure one pool is open at all times.. The boiler must be completed in one day Orange County Shall be responsible for the Following # DESCRIPTION YES NO VARIANCE 1 Access to worksite [Departmental Use Only] TITLE FY NORTH CAROLINA CONSTRUCTION AGREEMENT UNDER $250,000.00 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter called "Agreement"), made as of the day of 20 by and between (hereinafter called the "Contractor"), and Orange County, a body corporate and politic and a political subdivision of the State of North Carolina, (hereinafter called the "Owner"). WITNESSETH: That the Contractor and the Owner, for the consideration herein named, agree as follows: 1. 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 attached hereto and made a part hereof as if fully contained herein: a. Construction Drawings prepared by (Sheet dated b. Written specifications prepared by the project engineer. c. proposal dated , 20 which fully describes the work to be performed, such work hereinafter called the "Work". d. Other documents as follows: 2. TERM AND SCHEDULING a. The Contractor agrees to commence work on the date of the executed original of this Agreement and agrees to complete fully all Work included by , 20 Time is of the essence with respect to all dates specified in the Contract Documents as Completion Dates. c. 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. d. 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. e. Should the Owner determine that the Contractor is behind schedule, it may require 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 at no additional cost to the Owner. 3. STANDARD OF CARE Revised December 2010 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/or 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, 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. Contractor agrees that Contractor, its employees, agents and its subcontractors, if any, shall be required to comply with all federal, state and local antidiscrimination laws, regulations and policies that relate to the performance of Contractor's services under this Agreement. f. If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Contractor represents that it and/or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. 4. 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 Dollars ($ ). Not later than the fifth (5th) day of each calendar month the Contractor shall submit to the Owner a Request for Payment for work done during the previous calendar month. The Request for Payment shall be in the form of a standardized invoice or AIA Document G702 and shall show substantially the value of the work done during the previous calendar month. The amount due for payment shall be ninety percent (90%) 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. Final payment shall not be due to the Contractor until thirty (30) days after all work has been satisfactorily completed. 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 seven (7) days to cure the breach. Owner may withhold the accompanying payment without penalty until such time as Contractor cures the breach. Should Contractor or its representatives fail to cure the breach within seven (7) 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. 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. Revised December 2010 5. INSURANCE a. Minimum requirements -The Contractor shall obtain, at its sole expense, all insurance required under this Agreement and the Contractor shall not commence work until such insurance is in force nor shall the Contractor allow any Subcontractor to commence work on its subcontract until all insurance required to be procured by Subcontractors hereunder has been so obtained by or for the Subcontractor. All required insurance shall be procured from insurance companies licensed to do business in North Carolina with a Best's Insurance Guide Rating of A- or better. Coverage for the following types of insurance shall be maintained continuously during the life of the Project until Final Completion of the Work. Coverages shall be maintained continuously during the life of the Project until Final Completion of the Work for the following types of insurance in the amounts listed: i. Worker's Compensation Insurance with limits for Coverage AStatutory -State of North Cazolina and Coverage B Employers Liability $500,000 each accident and policy limit and disease each employee. u. Comprehensive General Liability and Property Damage Insurance ($500,000 Each Occurrence; $1,000,000 Aggregate). iii. Contractual Liability (Bodily Injury and Property Damage $500,000 Each Occurrence; Property Damage $1,000,000 Aggregate). iv. Personal Injury, with Employment Exclusion deleted ($1,000,000 Aggregate). v. Comprehensive Automobile Liability Insurance (Bodily Injury $100,000 Each Person/Each Accident, $300,000 Each Occurrence; Property Damage $100,000 Each Occurrence). b. Additional Insured -The Owner shall be named as additional insured on all forms of insurance except Worker's Compensation. Each certificate of insurance and policy required hereunder, except the worker's compensation policy, shall bear the provision that "The policy cannot be canceled or reduced in amount and that coverage cannot be eliminated in less than thirty (30) days after mailing written notice to the Owner of such alteration, cancellation, or elimination, the written notice to be sent by Certified Mail. c. 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. 6. INDEMNITY a. The Contractor shall indemnify and hold harmless to the extent permitted by law the Owner and its agents and employees from and against any and all claims, damages, losses and expenses, including attorney's fees, arising out of or resulting from the performance or nonperformance of the Work, provided that any such claim, damages, loss or expense (A) is attributable to bodily injury, sickness, disease or death or injury to, or destruction of, property, including the loss of use resulting therefrom; and (B) is caused in whole or in part by any breach of any provision of the Agreement or by any negligent or wrongful act or omission of the Contractor, any Subcontractor, or supplier of the Contractor, anyone dlrectly 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 Revised December 2010 3 benefits payable by or for the Contractor or any subcontractor under workers' compensation acts, disability benefits acts or other employee benefit acts. 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 5 above. c. Upon completion of the Work the Contractor shall execute an affidavit stating there aze 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) azising out of, in connection with, or resulting from any such debts and liens in a form and substance mutually acceptable to Owner and Contractor. d. By executing this Agreement Contractor agrees to abide by and be bound by the indemnification provisions of Section 6(c) above. 7. GOVERNING LAW The laws of the State of North Cazolina 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 shall be brought in the General Court of Justice of North Cazolina 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. 8. NON-ASSIGNMENT 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. 9. NON-APPROPRIATION Contractor acknowledges that Owner is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of Owner's obligations under this Agreement, then this Agreement shall automatically expire without penalty to Owner immediately upon written notice to Contractor of the unavailability and non-appropriation of public funds. It is expressly agreed that Owner shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the Owner's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects Owner's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to Owner upon written notice to Contractor of such limitation or change in Owner's legal authority. 10. 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 P.O. Box 8181 Hillsborough, NC 27278 11. TERMINATION The Owner may, without cause, order the Contractor to terminate, suspend, delay or interrupt the Work in Revised December 2010 4 whole or in part for such period of time as the Owner may determine. 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. 12. 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 aze the Contract Documents, and the work, labor, materials and completed construction required by the Contract Documents and all pazts 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 declazed 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 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 Frank W. Clifton, Manager Signature Printed Name and Title This instrument has been approved as to technical content. Department Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Office of the Finance Director This instrument has been approved as to legal form and sufficiency. Office of the County Attorney Revised December 2010 5