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Home My WebLink About2012-119 AMS - Warren Hay Mechanical for HVAC Seymour CenterC.,2C-)/a -// 9 r?11!5 NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER $25,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement "), is made and entered into this 18th day of May, 2012 by and between Orange County, North Carolina (hereinafter the "Owner ") party of the first part; and Warren -Hay Mechanical Contractors, Inc. (hereinafter the "Contractor "), party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the Owner hereby contracts for the construction services of the Contractor, and the Contractor agrees to provide the construction services to the Owner in accordance with the terms of this Agreement. 1. TERM Beginning and ending dates of contract: May 18, 2012 through July 31, 2012. The Project Commencement Date shall be May 25, 2012. 2. MAXIMUM AMOUNT PAYABLE Dollar Amount Not to Exceed: Twenty Four Thousand Nine Hundred Eight Dollars ($24,908) 3. SERVICES Contractor agrees to provide the following construction services (the "Work "): Installing, programming and training County provided digital HVAC controls module upgrades and graphics improvements in the Seymour Senior Center, Central Orange Senior Center and Sportsplex, the Gateway Building, and Hillsborough Commons per the attached proposal entitled "Carrier Controls upgrades" revision dated May 2, 2012. Contractor shall not sub - contract all or any part of the construction services provided for in this Agreement without prior written approval of the Owner. 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 Owner. 4. PAYMENT Contractor shall submit an invoice for construction services provided. The invoice shall contain Contractor's name and federal tax identification number and shall be signed and dated by an officer of Contractor. It shall detail all construction services provided in payment requests. The Owner will make payments to Contractor within thirty (30) days after receipt of and approval of the invoice by the contracting department. In the event the amount stated on an invoice is disputed by Owner, then Owner may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. In addition, should Contractor fail to perform its duties under the terms of this Agreement, Owner may, without fault or penalty, withhold any payment associated with the Work to be performed until such time as said work is completed. Revised November 2011 1 5. RELATIONSHIP OF PARTIES Contractor is an independent Contractor of the Owner. Contractor represents that it has or will secure, at its own expense, all personnel required in performing the construction services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the Owner. All personnel engaged in work under this Agreement shall be fully qualified and shall be authorized or permitted under state and local law to perform such construction services. It is further agreed that Contractor will obey all State and Federal statutes, rules and regulations which are applicable to provisions of the construction services called for herein. Neither Contractor nor any employee of the Contractor shall be deemed an officer, employee or agent of the Owner. 6. TERMINATION This Agreement may be terminated by Contractor upon thirty (3 0) days' written notice to the Owner, and the Owner may terminate this agreement upon thirty (30) days' written notice to Contractor. 7. INSURANCE REQUIREMENTS Contractor shall obtain, at its sole expense, all insurance as required in the Owner's risk management policy and shall not commence construction work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. Such insurance shall name the Owner as Additional Insured under both General Liability and Auto Liability policies. 8. INDEMNIFICATION Contractor agrees to defend, indemnify, save and protect Owner and Owner's lender, if any, harmless from and against any and all claims, liens, 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 negligence, act or failure to act by the Contractor, the Contractor's agents, assigns or employees related to the Work. It is the intent of this section to require Contractor to indemnify the Owner to the extent permitted under North Carolina law. 9. NON - ASSIGNMENT Contractor shall not assign all or any part of this Agreement, including rights to payments, to any other party without the prior written consent of the Owner. 10. 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- Revised November 2011 2 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. 11. ENTIRE AGREEMENT The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified by a written amendment to this Agreement signed by the parties. Modifications may be evidenced by telefacsimile signatures. 12. GOVERNING LAW Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and any action brought under this Agreement shall be brought in the General Court of Justice of the State of North Carolina in Orange County. IN WITNESS WHEREOF Orange County and the Contractor have signed this agreement, effective as of the day and date first above written. ORANGE COUNTY By I � 0� �A Frank V. Clifton ager 200 S. Camero t. P.O. Box 8181 Hillsborough, NC 27278 CONTRACTOR Warren-lb/Mechanical Contractors, Inc. P.O. Box 818 Hillsborough, NC 27278 T is instrument has been approved as to technical content. Pamela Jon , epartment Director This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. Office of the Finance Officer This instrument has been approved as to legal form and sufficiency. 44� Offp of the County Attorney Revised November 2011 3 WARREN -HAY Mechanical Contractors Inc. Heating and Air Conditioning P.O. Box 818 • Hillsborough, NC 27278 919 - 732 -4362 State License 47211 wA- A,.warren- hay.com January 23, 2012 / February 10, 2012 / Revised May 2, 2012 Orange County Public works: Re: Carrier Controls upgrades: PROPOSAL We hereby submit specifications and estimates for: Seymour Senior Center: • Provide installation of Carrier i -vu CCN (purchased by Orange County), provide programming and graphics. (County must provide auto -cad files of floor plan). $7,957.00 Material $3,866.00 Labor $4,091.00 � We hereby submit specifications and estimates for: Senior Center @ sports plex: 14 • Provide installation of Carrier i -vu CCN (purchased by Orange County), provide programming and graphics. (County must provide auto -cad files of floor plan). $7,138.00 Material $3,334.00 Labor $3,804.00 We hereby submit specifications and estimates for: Hillsborough Commons: • Provide & install necessary to bring building on- line and viewable off -site. $1,856.00 Material $1,206.0- 1,206:00 Labor $650.00 We hereby submit specifications and estimates for: Gateway Center • Provide installation of Carrier i -vu CCN (purchased by Orange County), provide programming and graphics. (County must provide auto -cad files of floor plan). $7,957.00 Material $3,866.00 Labor $4,091.00 Exclusions / Clarifications • Warranty of i -vu controller provided by owner. Programming and graphics noted above are in our scope; cad files must be provided by Orange County for these sites for our use. Respectfully submitted by: Ron LQPann Commercial Division valid for 30 days ron.lapann @warren- hay.com MAY -04 -2012 FRI 10:10 AM Federated Ins. FAX Or X50 45588$5 P. 03/03 Eli w ;. PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER. OF 114FORMATION ONLY ANT) CONFERS NO RIGHTS UPON THE CERTIFICATE FEWRATED MUTUAL INSURANCE COMPANY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Home Office: A.O. Box 328 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Owatonna, MN 5500 COMPANIES AFFgpD# 4 COVERAG Phone: 1-888 - 333 -4W eoM °ANY FEDERATED MUTUAL. INSURANCE COMPANY OR A FEDERATEO SERVICE INSURANCE COMPANY _ MlSL/RAN WARREN HAY MECHANICAL 346-000-2 COMPANY CONTRACTORSINC B PO SOX 818 CWPAW HILL- SBOROUGH NC 27278 C COMPANY D THIS IS TO MRTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOiWITHSTANOEHG ANY REOUIREMENT. PERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY RE ISSUED OR MAY PERTAIN, THE INSVRANCB AFFORDED SY THE POLICIES DESCRIBED HEREIN IS SU9JECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE 8£1W REDUCED BY PAID CLAIM& - -_. CO rowey tpv 9VA POLICY p6€ffl� y" I LTA TYPE CP MUCY f lAl91#I OATC IMMIODNIYI OAT} O MICp/M IS BUMU: UAaMM GEMMAL. AVR44ATE a COMMERCIAL GENIIRAL LIABILITY PRIYDUCTS C4liAPlCP AOO i CLANS MADE 0 OCCUR .. PERSONAL 6 AOV NAM � t OWNER% L COMMACTOR`S PROD - EACMO RItNCS `Ty FRt OAMAIZ (Any ctrl th) 1 MEq ffXP A oIM Pewrd 4 AttitNAOBRB LY OLrrY { i 1 COi+191NE0 m�NCrtB LIMIT 4 ANY AUTO IJ j A" OWNBD AUTOS j I p ii I BODILY INJURY i I SC,14OULtV AUT03 IkI a tPu olaut" H.IgIO AUTOS j BODILY IKXJRY S NON -OWNEO ALTO$ i 9 Iry 4=k* ml } f � MPipiY DAMAGE I # OARABE LIP ury II i AUTO ONLY - EA ACCIOWr il kVY AUTO (OTi [EA -K" Ayro ONLY: EACH ACCIOCMY ( i ASGREOAT t E%Gl'S UAIRRJTY EACH OCCL tFNGE i UMBRELLA FORM ( { A"r -EGATE 14 OTHER THAN UMBNMLA fOAM t E 4 YRNMI CpAPJ5i5AT#ONAND .. I AursSE I r VAPi,0VtW1,#aeIL1YY I, tLSACHACCIDENY 5 A YrEPRaPSUETgRr �INCL 907 t2f31f11 ; 12131/12 1OLDiStAm- raucYLIMIT �+ WO.000 rAATNERS"ECUTIVE f 1 � GORCM AM' ML I !#. DISEASE - EA EMKIDYEE 6 OTHER ( I 4%'I Of OPfRATIOI 0AZOAT /YBICLA94WECIAL(two , .. '.'sY.?vs id' a s:.. r.Yi' w„ c `%i.,'$t, v �ti_ • r, .. ...� .. .. , .:. r..3.SLt .. a :._tt .. S :W" .m+2* Wa: COUNTY OF ORANGE 116 BIMLD ANY OF THE ABOVE D POUCM6 Be CAWMIM WrOAE THE FINANCIAL, SERVICES F CMATtON LATH THCMEOF.H£ . T ISSUV14 COMPANY WILL 15WWOR TO MAIL PO BOX 8181 .{ � PAYS WM Y"N NOTICE TO TOE CUMPICATE HOLDER AfASfW YO THE LEFT, HILLSBOROUGH H NC 27278 PUT FAPJAF TO MAI, WCH WITICE POLL IMPOSE NO OBLIQATION *0 IUAWYY Of ANY %Ito Upon THE COMPANY. ITS AGWTS OR ftM%B WTATM& '. AitTFWAI2F0 REPRE&EARATIVE .. P ''@3s6�b .xt€Pi. '{d'mx..'+. -�s.. �d d''�5"m' a 5.+Kk 'aciL.Pr' ORANGE COUNTY - CONTRACT CONTROL SHEET Routing Order: (1) Department, (2) IT, (3) Risk Management, (4) Financial Services, (5) Attorney, (6) Manager, (7) Clerk This Document shall accompany all contracts and shall be submitted for signature in the Routing Order specified above. If the Manager determines the contract is not appropriate for Manager approval the Manager shall submit the contract for BOCC approval. Contracts for BOCC approval must be submitted through, and complete, the routing process prior to agenda review. Contracts for legal review should be completed through the legal review process prior to being routed for signature. Department Party/Vendor Name: Warren -Hay Mechanical Party/Vendor Contact Person: Ron LaPann Contact Phone: 919- 732 -4362 Party/Vendor Address: PO Box 818 City Hillsborough State: NC Zip: 27278 Department: AMS Amount: $24,908 Purpose: Owner provided HVAC controls installation in Seymour Center, Hillsborough Commons, Gateway, and Central Orange Senior Center Budget Code(s): 1024- 0320- 570000 Vendor # 25352 (N /A if new vendor) ,Vendor is a BOCC consultant? Yes ❑ No® Contract Type: (Check one) New ® Renewal ❑ Amendment ❑ Effective Date /8 /2 Approved by Board Yes❑ No® Agenda Date: Title of Contract: If this is a Grant Agreement, pre - application has been approved by the Board of Commissioners Yes❑ No❑. If submitted for bid were bids/RFPs received Yes❑ No® Bid/RFP number This contract has been reviewed and approved by the Department Director as to technical content: Department Director's Signature: 64, Date: IT Director (Applicable only to hardware /software purchases or related services) This contract has been reviewed and approved by the Information Technology Director as to technical content and information technology specifications: IT Director's Signature: Date: Risk Mana ement Include the following coverages: CGL; E�J`Auto; C; ❑ Professional; ❑ Property; OR No Insurance Required El. Hold Contract pending receipt of Certificate of Insurance E]. With incorporation of Insurance provisions as shown, this contract is approved by the Risk Manager: Risk Manager's Signature: 4(,w Date: Financial Services This Contract is condition@d upon appropriation by the Board of Commissioners Yes❑NX. A budget amendment is necessary before approval Yes❑ No . If budget amendment is necessary, please attach to this form. This instrument has been pre - audited in the manner required by the Local Government Budget and Fiscal Control Act: aalz,� Financia l Services Director's Signature: .y • "" Date: Z Z County Attorney Approval by Board ❑ (Contracts $90,000.00 or more for goods or services, $250,000.00 or more for construction, or any BOCC consultant contract). Approval by Managei Qll&st other contracts $1,000 and above). Department Director approval only ❑ (Under $1,000). This contract has been reviewed proved by the Attorney as to legal form and sufficiency: / Attorney's Signature Date: County Manager This contract has been reviewed and is approved by the County Manager Yes ]No❑. This contract has been reviewed and is for signature by the air Yes ❑No� Manager's Signature: Date: uv Clerk to the Board Approved by BOCC on the day of 20 . Submitted for Chair signature on the _ day of 20 Clerk's Signature: Revised March 2012 Date: