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HomeMy WebLinkAbout2013-402 AMS - Carolina Commercial Systems for HVAC Repair at Hillsborough Commons $4,880 Ams NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$25,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT(hereinafter "Agreement"), is made and entered into this 9th day of September, 2013 by and between Orange County,North Carolina(hereinafter the "Owner") party of the first part; and Carolina Commercial Systems (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 constriction services to the Owner in accordance with the terns of this Agreement. a 1. TERM Beginning and ending dates of contract: September 9,2013 through September 30,2013. The Project Commencement Date shall be 2. MAXIMUM AMOUNT PAYABLE Dollar Amount Not to Exceed: Four Thousand Eight Hundred and Eighty Dollars($4,880.00) 3. SERVICES Contractor agrees to provide the following construction services (the "Work"): as outlined in the attached proposal. dated August 12, 2013. HVAC Repair at Hillsborough Commons, 113 Mayo Street in Hillsborough,NC. Contractor shall not sub-contract all or any part of the constriction 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 constriction 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. e 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. 5. RELATIONSHIP OF PARTIES Revised November 2011 1 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 (30) 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 constriction 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, t harmless from and against any and all claims, liens, liabilities, losses, damages, causes of action, 3 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- 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. Revised November 2011 2 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 fiirther 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 COUNT CONTRACTOR ` By 7))W By Frank V. Clifto ,Manager 200 S. Cameron P.O. Box 8181 Hillsborough,NC 27278 This instrument has been approved as to technical content. j � � O rtm t�Dire t or This instrument has been pre-audited in the manner required by the Local Government Budget an// ^/d/Fjiscal Control Act. //"!/� Office of the Finance Officer 1 This instrument has been approved as to legal form and sufficiency. ce of e County Attorney Revised November 2011 3 r CAROLINA n 4 COMMERCIAL SYSTEMSr .2 License#7345 3420 Tarheel Dr.Suite 300 Raleigh,North Carolina 27609 Phone:(919)872-3913 sdunn(alccsnc.com,knivisonQccsnc.com,crnoody ckcsnc.com Fax:(919)872-3916 PAGE 1 OF 1 8-12-2013 Attention: Frank Cassetta Subject:Quote for Orange Co Social Services Building at 103 Mayo St,Hillsborough,NC 27278.We are pleased to submit our HVAC proposal as follows: Replace Defective Carrier Zone and Bvoass Controllers $4,880.00 1. Remove existing controller and replace with new Carrier controller 2. Includes(2)new VVT Zone Controllers 3. Includes(2)VVT Bypass Controllers 4. Configure all settings and adjust all setpoints 5. Installation of high torque actuators for(2)bypass controllers 6. Commission/calibrate zone damper 7. Correct link configuration for zone graphic to give an accurate representation of the building layout. i This price is effective for(30)days from the date of this proposal depending on equipment availability. i Respectfully submitted by CCS 3 Casey Moody j Date of acceptance Signature(Owner) ACCEPTED-Specifications of the price quote is satisfactory and is hereby accepted.All work is to be performed under the same terms and conditions as specified in the contract. 1 3 3 i i 3 CAROCOS. OP ID: DBB ACORN DATE(MWDDNYYY) CERTIFICATE OF LIABILITY INSURANCE 0713112013 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 endorsement(s). PRODUCER Phone:910-323-3045 CONTACT INSURANCE SERVICE CENTER PO BOX 40736 Fax:910-323-3796 PHONE Ext: Fa No FAYETTEVILLE,NC 28309 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:ALLIED INSURANCE INSURED K.R.NIVISON INC DBA CAROLINA INSURER B:FIRST BENEFITS INSURANCE 13098 COMMERICAL SYSTEMS 3420 TARHEEL DR STE 300 INSURER C: RALEIGH,NC 27609 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR U POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MM/DD/YYYY) (MM/DDffYYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE _ $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY X X ACP 5906161062 07117/2013 07117/2014 PREMISES Ea occurrence $ 100,000 CLAIMS-MADE FxI OCCUR MED EXP(Any one person) $ 5,00 PERSONAL&ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,000 [GEMLAG REGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X PRO- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,00 Ea accident _ A JX AN Y AUTO X X ACP 5906161062 07/17/2013 07/17/2014 BODILYINJURY(Perperson) $ ALL OWNED SCHEDULED BODILY INJURY Peraccident) $ AUTOS AUTOS (HIRED AUTOS Ix NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,00 A EXCESS LIAB CLAIMS-MADE CP 5906161062 07/17/2013 07/1712014 AGGREGATE $ DED X RETENTION$ 0 $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY X T RY LIMITS X R B ANY PROPRIETOR/PARTNER/EXECUTIVEYfN X 5333 07/17/2013 07117/2014 E.L.EACH ACCIDENT $ 1,000,00 OFFICERIMEMBER EXCLUDED? FN—] N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ 1,000,00 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER IS LISTED AS ADDITIONAL INSURED WITH RESPECTS TO GENERAL LIABILITY AND AUTO LIABILITY, AS REQUIRED WRITTEN CONTRACT. WAIVER OF SUBROGATION APPLIES. CERTIFICATE HOLDER CANCELLATION ORANCAS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ORANGE COUNTY ACCORDANCE WITH THE POLICY PROVISIONS. PO BOX 8181 HILLSBOROUGH,NC 27278 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD