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HomeMy WebLinkAbout2014-148 AMS - Aquatic Resource Group for Sportsplex Pool UV System $91,200 ,grins [Departmental Use Only] TITLE Sportsplex Pool UV FY FY2013-14 NORTH CAROLINA CONSTRUCTION AGREEMENT UNDER $250,000.00 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter called "Agreement"), made as of the 10`h day of February, 2014, by and between Aquatic Resource Group, LLC, (hereinafter called the "Contractor"), and Orange County, a body 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. CONTRACT DOCUMENTS; PRIORITY The Contract Documents consist of this Agreement, the Request for Proposals, Proposal, Construction Drawings and Written Specifications. The Contract Documents form the Contract. In the event of any inconsistency between or among the Contract Documents the Contract Documents shall be interpreted in the following order of priority: a. This Agreement. b. Designer Approved Bulletins and/or Field Orders. c. Request for Proposals and addenda thereto. d. Proposal. 2. SCOPE OF WORK The Contractor shall furnish and deliver all of the materials, and perform all of the work required by this Agreement within the time period stipulated in a written Notice-to-Proceed to be executed by the Contractor and Owner and in accordance with the following enumerated documents, which are made a part hereof as if fully contained herein: a. Construction Drawings prepared by N/A (Sheet dated ) b. Written specifications prepared by the project engineer. c. Attached Bid #1678 proposal dated in response on January 8, 2014 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 Revised 9/13 1 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 April 30, 2014. c. Time is of the essence with respect to all dates specified in the Contract Documents as Completion Dates. d. The Contractor shall perform the Work in the time, manner and form required by the Contract Documents and as stipulated in a written Notice-to-Proceed to be executed by the Contractor and Owner. e. It is expressly understood that the Owner will employ other contractors to perform work as a part of the Project whose work will be performed simultaneously and sequentially with the performance of the Work by the Contractor. It shall be necessary for the Contractor to coordinate its activities with such other contractors, particularly with respect to access to work areas, storage of materials and other common facilities. f. Should the Owner determine that the Contractor is behind schedule Owner may require, at no additional cost to the Owner, the Contractor to expedite and accelerate its efforts, including providing additional resources and working overtime, as necessary, to perform the Work in accordance with the approved project schedule. 4. STANDARD OF CARE a. The Contractor shall exercise reasonable care and diligence in performing the Work in accordance with the highest generally accepted standards of this type of Contractor practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Contractor is solely responsible for the professional quality, accuracy and timely completion and/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. Revised 9/13 2 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. 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 Ninety One Thousand Two Hundred Dollars ($91,200). Not later than the fifth (5th) day of each calendar month the Contractor shall submit to the Owner's Representative, generally the architect if an architect is retained on the Work, a Request for Payment for work done during the previous calendar month. i. The Request for Payment shall be in form of a standardized invoice or AIA Document G702-703 appropriately addressed to Owner's Representative at Orange County Government; PO Box 8181; Hillsborough NC 27278 and shall show substantially the value of work done during the previous calendar month. ii. The amount due for payment shall be ninety-five percent (95%) of the value of work completed since the last Request for Payment and this amount shall be paid by the Owner on or before the last business day of the month. Owner shall retain five percent (5%). 1. Upon Owner's Representative's certification that ninety percent (90%) of the Work has been satisfactorily completed retainage may be discontinued. Retainage may be discontinued, at Owner's Discretion, so long as work continues to be completed satisfactorily and on schedule. iii. Final payment shall not be due to the Contractor until thirty (30) days after one hundred percent (100%) of the Work, including punch list work, has been satisfactorily completed and an appropriate affidavit as required in Section 7(c) below has been received by Owner. b. Should Owner reasonably determine that Contractor has failed to perform the Work related to a Request for Payment, Owner, at its discretion may provide the Contractor ten (10) days to cure the breach. Owner may withhold the accompanying payment without penalty until such time as Contractor cures the breach. i. Should Contractor or its representatives fail to cure the breach within ten (10) days, or fail to reasonably agree to such modified schedule, Owner may immediately terminate this Agreement in writing, without penalty or incurring further obligation to Contractor. ii. This section shall not be interpreted to limit the definition of breach to the failure to perform the Work related to a Request for Payment. c. The Contractor has included in the Contract Price and shall pay all taxes assessed by any authority on the Work or the labor and materials used therein. It shall be the Contractor's responsibility to furnish the Owner documentary evidence showing the materials used and sales and use tax paid by the Contractor and each of its subcontractors. 6. INSURANCE AND BONDS a. Minimum requirements —Contractor shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any Revised 9/13 3 additional insurance as may be required by Owner's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://orangecountync. ov/purchasing/contracts asp). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here N/A (if no additional insurance required mark N/A as being not applicable). Contractor shall not commence construction work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. b. Performance Bonds — Contractor shall furnish bonds covering the faithful performance of the Contract and payment of all obligations arising under any of the Contract Documents or related in any way to the Work. Contractor shall immediately furnish a copy of such bonds to any requesting person who appears to be a potential beneficiary of bonds covering payment obligations arising under any of the Contract Documents. This subsection 6(b) applies only to Contracts of fifty thousand dollars ($50,000.00) or more where the total cost for the project is three hundred thousand dollars ($300,000.00) or more. 7. INDEMNITY , a. 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 6 above. In the event any such lien is filed against Owner's property Contractor shall, through such bonds and insurance or at Contractors expense, defend Owner against all such claims of lien. c. Upon completion of the Work the Contractor shall execute an affidavit stating there are no unpaid debts for any work that has been done or materials that have been furnished to the Project prior to and as of the date of substantial completion and further stating that Contractor shall indemnify, save and protect Owner and Owner's lender, if any, harmless from and against any and all claims, liabilities, losses, damages, causes of action, and expenses (including court costs and reasonable attorney's fees related thereto) arising out of, in connection with, or resulting from any such debts and liens. Such indemnification shall be in a form and substance acceptable to Owner. Revised 9/13 4 d. By executing this Agreement Contractor agrees to abide by and be bound by the indermiification provisions herein and of Section 7(c) specifically. 8. DISPUTE RESOLUTION AND GOVERNING LAW a. Owner and Contractor agree that should a dispute arise as to the terms of the Contract Documents the architect shall serve as the initial decision-maker, unless there is no architect retrained on the project related to the Work. Owner and Contractor further agree as follows: i. If there is no architect retained for the Work, Owner and Contractor agree, prior to the initiation of any civil litigation, to submit to mediation by agreeing on an individual to serve as mediator to mediate the dispute. ii. Should the Owner and Contractor fail to mutually agree on an individual to serve as mediator Owner may select a mediator to mediate the dispute. iii. Any mediator selected under this section shall be an attorney licensed to practice law in the State of North Carolina and shall be generally recognized as having experience in mediating construction disputes. iv. Owner and Contractor agree to equally share in the cost of a mediator selected under this section. b. The laws of the State of North Carolina shall apply to the interpretation and enforcement of this Agreement. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or nonperformance of, this Agreement or the Contract shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina and it is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all anti-discrimination laws. c. Notice of any claim by Owner or Contractor must be initiated by written notice to the other Party within thirty (30) days of the occurrence of the event giving rise to the claim or within thirty (30) days of the discovery of the event or condition giving rise to the claim, whichever is later. i. Should any claim be made, regardless of whether such claim is made by Owner or Contractor, Contractor shall continue to faithfully and diligently perform the Work in such a manner as to meet all scheduled timelines. Any failure to faithfully and diligently perform the Work may be deemed, by the Owner, a breach of the Contract. ii. If a claim is made such claim shall be made to the initial decision maker, if applicable, who may request more supporting data, reject the claim in whole or in part, approve the claim in whole or in part or advise the parties the claim is unable to be resolved. iii. If a claim is made by the Owner the Owner may, but is not obligated to, notify the surety. 9. NON—APPROPRIATION a. Contractor acknowledges that Owner is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. Revised 9/13 5 b. 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. c. 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.E-VERIFY Pursuant to the terms of North Carolina General Statute 153A-449(b) no county may enter into a contract with a contractor unless the contractor and the contractor's subcontractors comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes Contractor's breach of this Agreement. By executing this Agreement Contractor affirms Contractor is in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 11. 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 Aquatic Resource Group, LLC Attn: Jeff Thompson 8334 Pineville Matthews Road P.O. Box 8181 Suite 103-156 Hillsborough, NC 27278 Charlotte, NC 28226 12. MISCELLANEOUS a. Duties and Obligations imposed by the Contract Documents shall be in addition to any Duties and Obligations imposed by state, federal or local law, rules, regulations and ordinances. b. No act or failure to act by the Owner or Contractor shall constitute a waiver of any right or duty granted them under the Contract Documents, nor shall any act or failure to act constitute any approval except as specifically agreed in writing. c. The Work shall be tested and inspected as required by the Contract Documents and as required by law. Unless prohibited by law the costs of all such tests and inspections related to state and federal codes such as ADA, Administrative, Electrical, Plumbing, Mechanical and Building Codes shall be borne by the Contractor. The costs for material and structural testing shall be conducted by an independent third party at the expense of the Owner. Delays related to any of the aforementioned tests and inspections shall not be grounds for delaying the completion of the work. If any such tests and inspections reveal deficiencies in the Work such that the Work does not comply with terms or requirements Revised 9/13 6 of the Contract Documents and/or the requirements of any code or law the Contractor is solely responsible for the cost of bringing such deficiencies into compliance with the terms of the Contract Documents and/or any code or law. d. Should the Architect, if an architect is retained for the project involving the Work, or Owner reject any portion of the Work for failing to comply with the Contract Documents Contractor shall immediately, at Contractor's expense, correct the Work. Any such rejection may be made before or after substantial completion. If applicable, any additional expense borne by the Architect under this section shall be paid at Contractor's expense. e. The Contractor shall not assign any portion of this Agreement nor subcontract the Work in its entirety without the prior written consent of the Owner. 13. CONSEQUENTIAL AND LIQUIDATED 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. b. Liquidated damages shall be in accord with the Contract Documents. 14. TERMINATION OR SUSPENSION a. The Owner may, without cause, order the Contractor to terminate, suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 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. i. If Owner orders a delay, suspension or interruption of the Work, and such order is not due to or as a result of any fault on the part of the Contractor, the Contractor may recover a per diem amount at a rate calculated by N/A. ii. If Contractor elects to accept the amount listed in the General Conditions provision of the Construction Documents Contractor waives any right to further claims for payment of damages sustained as a result of Owner's order to delay, suspend or interrupt the Work. b. Contractor may terminate the Contract if, at the Owner's written direction, the Work is stopped for thirty (30) consecutive days through no act or fault of the Contractor, their agents or employees, or a subcontractor or their agents or employees or any other person performing work pursuant to the Contract Documents. Contractor may terminate the Contract if a Court or other Public authority having jurisdiction enters a lawful order that requires all work to be stopped and such stoppage lasts for thirty (30) consecutive days. Revised 9/13 7 15. 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. [SIGNATURE PAGE TO FOLLOW] Revised 9/13 8 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. ORAN C CONTRACTOR igna re Signature County Manager PrinteA Name and Title Thi ' strument has been approved as to technical content. f, 41�—JL—� Jeff 4ompson, 15epartment Director This instrument has been pre-audited in the manner required by the Local Government$udget and Fiscal Control Act. Office of the Chief Financial-Officef This instrument has jarapproved as to legal form and sufficiency. Office oft City Attorney Revised 9/13 9 Jan 08 1410;42a Pauatic Resource Group 704-583-0730 p•1 AIMACOAA& T COUNTY OF ORANGE FINANCIAL SERVICES— PURCHASING PO BOX 8181 HILLSBOROUGH; NORTH CAROLINA 27278 ORANGE COUNTY BID NO. 1678 — REBID December 18, 2013 ATTENTION: INTERESTED VENDORS Orange County requests your competitive quotation to furnish the item(s) listed below for the Orange County Department, Hillsborough, NC. Please transmit this quotation via facsimile or deliver by hand or U.S. Mail, to the Orange County Purchasing Agent-fax#(919) 636-4913(NEWII), 200 South Cameron Street, Hillsborough, NC 27278 by January 8, 2014 at 3:00 PM ITEM QTY COMMODITIES/GOODS OR SERVICES TOTAL COST LUMP SUM COST FOR FURNISHING AND INSTALLING POOL 1 1 ULTRAVIOLET DISINFECTION EQUIPMENT AT THE ORANGE COUNTY SPORTSPLEX PER ATTACHED SCOPE OF WORK $ 1 1 CHAMBER FLOW BY PASS 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 - 1"-ti` DAYS PLEASE SEE ATTACHED INSTRUCTIONS TO BIDDERS License �`' S FIRM NAME �t?i__ vuo' BY (Proposal must ' t - be nG in writing) Ly ADDRESS FAX: -7 04- S` TELEPHONE: �I0A- 35 1 C4 3 2< EMAIL: Jan 08 14 10:42a Aquatic Resource Group 704-583-0730 p.2 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 andlorwork and services in accordance with the applicable plans and specifications prescribed by Orange County. Plans and/or specifications may be obtained atthe Orange County Finance Department Purchasing Division,200 S Cameron Street, Hillsborough, North Carolina 27278. 2. Orange County reserves the right to: • award lowest responsible bidder that is responsive, • to reject any or all bids, • 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 919-636-4913. 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. The successful contractor shall be responsible for obtaining all permits and inspections. 11. Please direct any questions concerning the bid process to David Cannell, Purchasing Agent, 919-245- 2651. 12.The successful contractor shall be required to agree to and sign the Orange County Construction Agreement Under $100,000.00 (copy attached). Among the items included in that agreement are the County's Insurance requirements and sales tax. 13.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. 14. Please direct questions concerning this bid to David Cannell, Purchasing Agent,Orange County Financial Services Services, (919)245-2651 or via email at d can nell(g-)co.crange.nc.us . 15. Please see attachment 1 for HUB contract provisions. Please include the appropriate forms with your submittal. Fora listing of HUB certified contractors pleasevisit http:llwww.doa.nc.gov/hub/searchhub.aspx Jan 08 14 10:43a Aquatic Resource Group 704-583-0730 p.3 16. HB786 imposes E-Verify requirements on contractors who enter into certain contracts with state agencies and local governments. The legislation specifically prohibits governmental units from entering into certain contracts"unless the contractor and the contractor's subcontractors complywith the requirements of Article 2 of Chapter 64 of the General Statutes." (Article 2 of Chapter 64 establishes North Carolina's E-Verify requirements for private employers). It is important to note that the verification requirement applies to subcontractors as well as contractors_The new laws specifically prohibit governmental units from entering into contracts with contractors who have not(or their subs have not)complied with E-Verify requirements. Complete the attached affidavit, and include it with your submittal. Jan 08 1410;43a Aquatic Resource Group 704-583-0730 p•4 SPEICIFICATIONS POOL ULTRAVIOLET DISINFECTION EQUIPMENT 1. GENERAL 1.01 SECTION INCLUDES A. Pool ultraviolet disinfection equipment 1.02 REFERENCES A. The following latest edition reference specifications, guides and standards shall become part of this Specification as if herein written. If provisions conflict:the more stringent provisions shall apply. 1. NSF—National Sanitary Foundation 2. MET—Met Laboratories, Inc. 3. CSA—Canadian Standards Association 4. UL—Underwriters Laboratory 5. NEMA-National Electrical Manufacturers'Association 6. ANSI —American National Standards Institute 7. USEPA UVDGM-U.S. Environmental Protection Agency Ultraviolet Guidance Manual 1.03 SUBMITTALS A. Drawings and Instructions 1. Provide detailed Shop Drawings of the items of equipment being provided, indicating the dimensions, material and characteristics. 2. Provide a detailed Operations Manual,embracing the operation functions and recurring maintenance processes 1.04 SUBSTITUTIONS A. Referto General Requirements and Division 01. 1.05 DELEVERY, STORAGE,AND HANDLING A. Refer to General Requirements and Division 01. 1.06 WARRANTY A. A factory trained representative of the manufacturer shall perform all warranty work. Manufacturer to warranty Ultraviolet chamber and Spectra Touch Control panel for a period of 5 years excluding lamps, quartz and seals. Medium pressure Ultraviolet bulbs shall be warranted for a period of 8,000 hours. Intermittently operated camps(s 1 onloff cycles per day)will be replaced free of charge should failure occur prior to 3,000 hours and replacement will be prorated between 3,000 and 8,000 hours. B. Manufacturer must maintain spare or replacement parts in the USA for same day or no longer than next day delivery. C. A Service Agreement from a qualified factory certified distributor shall be provided to initiate and maintain the five year warranty. ��L Jan 08 1410:43a Aquatic Resource Group 704-583-0730 p.5 2. PRODUCTS 2.01 GENERAL A. Ultraviolet Disinfection Equipment: Shall operate within the UVC electromagnetic spectrum emitting wavelengths in the range of 200nm to 400nm. This required wavelength will provide constant disinfectionlinactivation of bacteria, algae, molds,viruses and destruction of Monochloramines, Trichloramines,and Dichloramines. Ultraviolet Lamp/Chamber and Spectra Touch Control Panel by Engineered Treatment Systems (Telephone 920-885-4628, Fax 920-885-4386)or Architect/Engineer approved equal.Any deviation/exception must be provided in writing to and approved by the designer no less than ten days prior to the bid date. B. The UV System shall have an MET or equivalent(ETL, GSA, or UL)listing, be NSF-50 2010 certified including Section 13 and 3rd party validated to the USEPA UVDGM 2006 Guidelines. 1. Equipment General Description a. The Ultraviolet System shall be provided in a complete package to include: 316L Stainless Steel Chamber,Spectra Touch Control System located in a NEMA 12 rated panel, Medium Pressure Bulb(s)designed to emit wavelengths within the UVC electromagnetic spectrum,strainer basket automatic wiper system,and Project Commissioning by a Certified ETS Ultraviolet Technician. 2.02 UNIT TYPES— ECP Units: Ultraviolet manufacturer tD offer unit capability of a horizontal OR vertical installation application using state of art design and direct flow through characteristics. Direct flow will be required in order to reduce total head loss through the system. Unit shall be a Single Lamp medium pressure system with a bulb of 1.3 kW power range. ANSI flange of 3"and flow pattern of up to 260 GPM @ 95% UVT,Any systems validated or designed for flows based on 98% UVT are not acceptable- Chamber and Control Cabinet shall be as indicated on the drawings. The electrical requirements include either 208 or 220 volt single-phase power with a 20 amp external breaker. All required electrical work to be performed by licensed electrician. ETS Model ECP-113-5 single phase 22D volt validated flow rate of 260 GPM or equal unit ECF Units: Ultraviolet manufacturer to offer unit capability of a horizontal OR vertical installation application using state of art design and direct flow through characteristics. Direct flow will be required in order to reduce total head loss through the system, Unit shall be a Multiple Lamp medium pressure system with a bulb range of(2) 1.0 kW—(4)3.0 kW power range. Multiple lamp system is required in order to maintain quality disinfection in the event of a single bulb failure. ANSI flange range of 4"—12"and flow pattern of 360 to 37DO GPM. @ 95% UVT.Any systems validated or designed for flows based on 98% UVT are not acceptable. Chamber and Control Cabinet shall be as indicated on the drawings. Electrical requirements to include either of the following 208,240,480 or 575 volt 3-phase with a (XX)amp external breaker recommended by ETS based on the appropriate supply voltage.The electrical contractor is to take into account plus/minus 3%for external breaker. All required electrical work to be performed by licensed electrician. ETS Model ECF 220-8 3 phase 480 volt validated flow rate of 1100 gpm or equal unit ETS Model ECF 215-6 3 phase 480 volt validated flow rate of 665 gpm or equal unit 2.03 ULTRAVIOLET CHAMBER A. Pressure rated for 100 psi(tested to 150 psi), and pressure drop across the unit will be minimal. The unit shall be constructed of 316L stainless steel passivated to prevent corrosion within the harsh pool Environment. The Ultraviolet chamber shall come complete with the following equipment: B. Ultraviolet intensity monitor factory calibrated to provide intensity in mw1cm2 , monitors providing percentage of lamp output not acceptable. It must include a built-in alarm system to notify operator when output level drops below required level of 60 mj/cm2 for indoor pools or 40mj/cm2 for outdoor pools(or operator set dosing levels). Jan 08 14 10:43a Aquatic Resource Group 704-583-0730 p.6 C. Ultraviolet temperature control system shall be provided to maintain system integrity in the event of flow interruptions to the chamber. D. Ultraviolet chamber shall come complete with annealed quartz sleeve with "O"ring seats for water tightness. E. Chambers shall be complete with ANSI flanges and all ports or vents shall be threaded NPT. The Ultraviolet chamber must be capable of installation in the system so that it remains full under all conditions. F. The ultraviolet unit must be complete with appropriate brackets or feet for ease of installation in either vertical or horizontal mounting. G_ The Chamber shall have a sacrificial anode attached to the chamber,extending inside the chamber and be bonded to the installation bond loop. H. The Chamber must be mounted in an isolated full flow bypass for the purpose of maintenance while circulation system is operating. 2.04 ULTRAVIOLET LAMP A. Ultraviolet lamp shall be medium pressure high intensity. Lamp shall be designed to emit continuous Ultraviolet wavelengths in the range of 200nm to 400nm. This will provide optimal disinfection benefits and destruction of the Monochloramine, Dichloramine, and Trichloramine compounds. Lamp must remain unaffected by temperature variance of 0 degrees to 200 degrees Fahrenheit. B. The lamp system must provide a constant dose of not less than 60 mjlcm2 until the end of the lamp life for indoor applications and not less than 40 mj1cm2 for outdoor disinfection and this must be based on constantly monitoring the full recirculating flow rate, not on a side stream treatment. Power stepping systems are not acceptable. C. System must operate independently to maintain dose setpoint of desired mjlcm2 utilizing thyristor controls. 2.05 AUTOMATIC WIPER SYSTEM A. An automatic cleaning system shall be provided for cleaning of quartz sleeve and Ultraviolet monitor probe. The system shall travel the entire length of the quartz sleeve twice per desired cleaning cycle. Precision molded wiper rings shall be provided to ensure thorough quartz tube cleaning and quartz tube protection. Wiper cycle shall be user selectable and adjustable within a range of 15 minutes to 24 hours depending on anticipated application and deposit build-up. At a minimum the Automatic Wiper system shall have the following characteristics: 1. System shall utilize direct Belt Drive with square machined pulleys and shafts to prevent slippage and pin shearing. Systems utilizing shear pins or complicated gear boxes will be unacceptable. 2. Wiper power supply shall be 24 volt DC for improved safety.Higher voltage not acceptable. 3. System shall incorporate Direct Shaft Encoding for positional location. Systems relying on external limit switches or internally located magnets will be unacceptable. 4. Wiper interval shall be operator selectable with optional override switch. 5. Wiper faults are to be indicated on the control system display. 6. Wiper System to utilize "Intelligent Operation"for automatic start-up commissioning. a. Records wiper position at chamber ends. Position must be fixed and not dependent on a timed interval or component striking end of chamber. b. Establish a travel run without setting limit adjustments to ensure system integrity and longevity. 2.06 ULTRAVIOLET CONTROL SYSTEM A. Control cabinet shall be Engineered Treatment System SPECTRA Touch control unit. (Phone: 920-885-4386) Systems shall be epoxy coated NEMA 12 rated cabinet. If mounted outdoors they must be NEMA4X with an integral A/C unit to protect the components from the environment.Three levels of operation shall be provided Jan 08 1410:43a Aquatic Resource Group 704-583-0730 p.7 to meet the needs of the operator and pool environment: Simple Control (start,stop and reset). Full Parameter Display,and Customized Operator Configuration. Modes of operation shall be password protected to secure system critical setup functions. Touch Control system shall have clearly identifiable start,stop,and reset icons(suitable for gloved operation)with Running and Fault LCD indicators. 1. Touch screen shall display a minimum of the following: Ultraviolet dose (derived from flow and intensity inputs), Ultraviolet intensity(as a%and mw,'cm2), Lamp Current, Flow rate(accepts signal from optional flow meter—displayed as gallons per minute), Chamber temperature(displayed as deg. F), Operation hour meter. System spares listing, Lamp fault,low Ultraviolet&temperature alarm, Ground fault trip, Wiper fault All alarm functions shall have simple text message display to assist in fault finding. 2. Touch Control system shall have a minimum of the following system interface control: Remote operation, Process interrupt features (from valves,flow meters), Low UV dose (configurable to shutdown or alarm only), Flow meter input, Auto-Restrike, Half to full power Ultraviolet setting with 24 hourl7 day settable tinier. Dose Pacing interface. 3. Touch Control system shall have built in data-logging capabilities to record the following information: Ultraviolet intensity required, Ultraviolet intensity measured, Lamp current, Chamber temperature, Flow rate(if flow meter is connected), Time and date stamp,All alarms generated. 4. Touch Control system must be able to be interfaced with a Chemistry Controller that can measure Total or Combined Chloramines in order to maintain the proper dosage required during the life of the lamp. 5. Touch Control System must be capable of operating through Ethernet or Wi Fi. 6. Touch Control System must be capable of interfacing with a SCADA system including both Profrbus and Modbus. 3. EXECUTION 3.01 SYSTEM STARTUP A. Install in accordance with contract documents and manufacturer's instructions. B. Commissioning 1. Ultraviolet Chamber and Control Panel shall be commissioned by a qualified factory trained technician to institute the five year warranty. 2. Final electrical and control cabling will be connected from the Spectra control cabinet to the Ultraviolet disinfection chamber during the commissioning process. 3. Daily operation and simple maintenance instructions shall be provided during the commissioning process. 3.02 BID ALTERNATES A. Chamber Flow by pass. Section 2.03 G. Preferred Alternate. 3.03 Supplemental information Flows taken from the flow meters in the pump room were: 800,325 and approximately 85 on the spa. Please include validation documents at these flow rates with your bid • The unit bid MUST meet the following at the time the bid is submitted:'This product has been tested to confirm a minimum inactivation equivalent of 3 log(99.9%)cryptospoddium parvum in accordance with NSF 56 and the US EPA UV DGM. Consult the manufacturer's Installation and Operating Instructions for the performance operating parameters. This product has met the requirements of NSF/ANSI 50. Annex HA: Disinfection Efficacy for the>=minimum of a 3 log (99.9%) reduction of Enterococcus faecium [ATCC#6569] and Pseudomonas aeruginosa [ATCC#27313]. This product is intended for secondary disinfection and should be used with registered or approved disinfection chemicals to impart residual concentrations in accordance with state and.local regulations. • Contractor to provide tumkey electrical from owner supplied panels)to the new equipment" r Jan 08 14 10:44a Aquatic Resource Group 704-583-0730 p.8 Please state the make/model of the unit bid Please detail any and all variances to the specifications: Jan 08 14 10:44a Aquatic Resource Group 704-583-0730 p.9 [Departmental Use Only] TITLE FY NORTH CAROLINA CONSTRUCTION AGREEMENT UNDER$100,000.00 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter called "Agreement'), made as of the 11-� day of 201'-1 , by and bem"cen At (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 perfon-ned, 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 full all Work :,.. i - in,clu.ded by 2014 V, 3 b. Time is of the.essence with respect to all dates specified in the Contract Documents asttCompletion Dates. .7—ti: ck ys 4- e-- etizkc. 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 die Project whose work will be performed simultaneously and sequentially with the performance of the INTork 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 deteimine that the Contactor is behind schedule, it may rcquirc 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 October 2011 Jan 08 14 10:45a Aquatic Resource Group 704-583-0730 p.10 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 tide 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 anti-discritnination 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 Conn-actor 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 (Vi1,z -). 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 ATA Document 6702 and shall show substantially the value of the work done during the previous calendar month. This amount may be paid by the Owner on or before the last business day of the month. Final payment shal I not be due to the Contractor until thirty (30) days after all work, including punch list work, has been satisfactorily completed. b. Should Owner reasonably determine that Contactor 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 witin 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 perfonn 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 Rork 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 October 2011 2 Jan 08 14 10:45a Aquatic Resource Group 704-583-0730 p.11 5. INSURANCE a. Minimum requirements — The Contractor shalt 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 %York. 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 A Statutory - State of North Carolina and Coverage B Employers Liability$500,000 each accident and policy limit and disease each employee. ii. Cornprelnensive General Liability and Property Damage Insurance ($500,000 Each Occurrence; 51,000,000 Aggregate). iii. Contractual Liability (Bodily Injury and Property Damage S500,000 Each Occurrence; Property Damage$1,000,000 Aggregate). iv. Personal Injury,with Employment Exclusion deleted(S1,000,000 Aggregate). v. Comprehensive Automobile Liability Insurance (Bodily Injury $100,000 Each Person/Each Accident, $300,000 Each Occurrence; Property Damage 5100,000 Each Occurrence). b. Additional Insured—The Owner shall be earned 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 Oumer of such alteration,cancellation,or elimination, the uTitten 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 anv of the Contract Documents. This subsection 6(c) applies only to Contracts of fifty thousand dollars($50,000.00) or more where the total cost for the project is three hundred thousand dollars($300,000.00)or more. 6. INDEMNITY a. The Contractor shall iidemnify and bold harmless to the extent permitted by lavv 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 perfonmance 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 pro-,6sion 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 Revised October A 11 3 Jan 08 14 10:46a Aquatic Resource Group 704-583-0730 p.12 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 Gen of whatever type through the purchase of appropriate bonds and insurance as designated in Section 5 above. In the event any such lien is filed against Owner's property Contractor-shalt, through such bonds and insurance or at Contractors expense,defend Owner against all such claims of lien. c. Upon completion of the Work the Contractor shall execute an affidavit stating there are no unpaid debts for any work that has been done or materials that have been furnished to the Project prior to and as of the date of substantial completion and further stating that Contractor shall indemnify; save and protect Owner and Owner's lender, if any,harmless from and against any and all claims, liabilities. losses, damages, causes of action, and expenses (including court costs and reasonable attorney's fees related thereto) arising out of,in connection with, or resulting from any such debts and liens 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 herein and of Section 6(c)specifically_ 7. GOVERNING LAVA' The laws of the State of North Carolina shalt 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 Oaoner 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. 1n 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 OrcnleCs statutory authority, man.dato and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects Owner's authority to continue its obligation under this Agreement, then this Agreement shall automatically terminate without penalty-to &,ner upon ,-vritten 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 Attn: P.O.Box 8181 c .. Hillsboi ough,NC 27278 Revised October 2011 4 lv �� Jan 08 14 10:46a Aquatic Resource Group 704-583-0730 p,13 11. TERMINATION The Owner may, without cause, order the Contractor to terminate,suspend, delay or interrupt the Work`n 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, Elie 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 %vhich 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 are the Contract Documents, and the work, labor, iaterials and completed constriction required by the Contract Documents and all parts thereof is the-,Vork. The Contract Documents constitute the entire agreement between Owner and Contractor. This Agreement may be amended only by w6tten 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 IVITNESS 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 S i g n aturc Signature Frank W. Clifton,Managcr 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 (��'U�'1,- -'# 4, Office of the Finance Director This instrument has been approved as to legal form and sufficiency. Office of the County Attorney Revised October 2011 5 Jan 08 14 10:47a Aquatic Resource Group 704-583-0730 p.14 ATTACHNE T zl APPENDIX A HUB CONTRACT PROVISION(CONSTRUCTION) APPLICATION: The requirements of the Guidelines For Recruitment And Selection Of Minority Business are hereby made a pan of these contract.documents. These requirements shall apply to all contractors.regardless of ownership. HUB SUBCONTRACT GOALS: The goals for participation by Minority firms as subcontractors on this project have been set at ten(10%). The Bidder will provide documented proof in the form of Appendix B,HUB UTILIZATION CCN MITIQE.NT,that these goals have been met or exceeded; OR Provide Appendix B,HUB UTILIZATION COMMITMENT,identifying the amount of HUB participation;and, prior to award.upon request,show evidence of good faith effort wade prior to the bid opening to meet these goals; OR Provide Appendix D, CERTIFICATION REGARDING SUBCONTRACTING PRACTICES,and upon request, infonuadon sufficient for the Owner to determine that the Bidder does not customarily subcontract work:on this type proj cet. It is desired that die above information be submitted with the bid. Although bids may be read-Mthout the form attached,no consideration will be given to any bid relative to award of contract until the required forms and supporting data are in the hands of the Owner. MINIMUM COMPLIANCE REQUIREMENTS: If the HUB subcontract goals are not achieved,the Bidder shall provide the following documentation to the Owner. 1_ HUB Utilization Commitment(Appendix B). 2. Documentation of the Bidder's good faith efforts to meet the goals set forth in these provisions (upon request prior to award). This documentation shall include an affidavit that certifies that the Bidder has taken at least five (5)of the following ten(10)good faith steps to procure MEEs,and it should also list which steps were taken: 1. Contacted minority businesses that reasonably could have been expected to submit a quote and that were known to the contractor or available on these State or local government- maintained lists at least ten(10)days before the bid or proposal date and notifying them of the nature and scope of the work to be performed, 2_ Made the construction plans,specifications,and requirements available for review by prospective minority businesses,or providing these documents to them at least ten(10)days before the bid proposals are due. 3. Broke down or combined elements of work into economically feasible units to facilitate Jan 08 14 10:47a Aquatic Resource Group 704-583-0730 p.15 minority participation_ 4. Worked with minority trade,community,or contractor organizations identified by the Office of Historical Underutilized Businesses and included in the bid documents that provided a;sistance in Tecruittnent of minority businesses. g. Attended any prebid meetings scheduled by the public owner. 6. Provided assistance in getting required bonding or insurance or providing alteratives to bonding or insurance for subcontractors. 7. 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 qualifications should have the reasons documented in writing_ 8_ 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 supplier in order to help the minority businesses in establishing credit_ 9. Negotiated joinL 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. Provide quick pay agreements and policies to enable minority contractors and suppl iers to meet cash flow demands. This documentation shall include the following evidence: A_ Copies of solicitations for quotes to at least three(3)HUB fines from the source list provided by the State for each subcontract to be let under this contract(if 3 or more firms are shown on the source list). Each solicitation shall contain a specific if of the work to be subcontracted,location where bid documents can be reviewed,representative of the Prime Bidder to contact, and location,date and time when quotes must be received. B. Copies of quotes or responses received from each firm responding to the solicitation. C. A telephone log of follow-up calls to each firm sent a solicitation- D. For subcontracts where an HUB firm is not considered to be the lowest responsible sub- bidder,copies of quotes received from all firms submitting quotes for that particular subcontract. E. Documentation of any contracts,correspondence or conversation with HUB firms made in an attempt to meet the goals. MOTE: If the Bidder provides sufficient evidence(listed in 4A)that the goals stated in the contract documents have been met,or awards all subcontracts to MBE's,the documentation listed in B will not be required. Upon being named apparent Low bidder,the Bidder shall provide a Letter of Intent(Appendix Q.complete Nvith a description of the scope of services and dollar value from each HUB firm proposed for use in this contract. Failure to provide the documentation as listed in these provisions may result in rejection of the bid and award the next lowest responsible and responsive bidder. The Owner reserves the right to waive any irregularities in HUB documentation if they can be resolved prior to award of the contract,and the Owner finds it to be in its best interest y Jan 08 14 10:48a Aquatic Resource Group 704-583-0730 p.16 io do so and award the contract. PROGRAM COMPLIANCE REQUIREMENTS: All t%mitten statements,certifications or intentions made by the Bidder shall become a part of the agreement between the Contractor and the County of Orange for performance of this contract. Failure to comply with any of these statements,certifications or intentions,or wish the HUB Guidelines shall constitute a breach of the contract. A finding by the Owner that any information submitted either prior to award of the contract or during the performance of the contract is inaccurate,false or incomplete,shall also constitute a breach of the contract_ Any such breach may result in termination of the contract in accordance with the termination provisions contained in die contract. it shall be solely at the option of the Owner whether to terminate the contract for breach. Jan 08 14 10;48a Aquatic Resource Group 704-583-0730 p.17 APPENDIX B OR D MUST BE SUBMITTED WITH BID APPENDIX B HUB UTILIZATION COMMITMENT We, do certify that on the (Bidder) Pooi ultraviolet disinfection equipment at Triangle Sportsplex (Dollar Amount of Bid) will expend a minimum of %of the total dollar amount of the contract with minority business enterprises. This percentage must be at least ten percents 0%) or the bidder must complete the back side of this form as well. MBE's will be employed as construction subcontractors,vendors,suppliers or providers of professional services. Such work will be subcontracted to the following firms listed below. if the bidder intends to subcontract,this form must be completed regardless of the amount or lack of participation attained. Name and Phone Indicate Description Number of Firm MBE of Work Dollar Val-ae The midersigned frill enter into a formal agreement with Minority Firms for work listed in this schedule. conditional upon execution of a contract with the County of Orange. .Failure to fulfill this commitment may const-tute a breach of the comract The undersigned hereby certifies that he or she has read the terms of this commitment and is authorized to bind the bidder to the commitment herein set forth. Date: (Name of Authorized Officer) Signature: Title: We- do certify that we did undertake the folio-wing steps in good faith to procure minority enterprise. The bidder must cite chat at least five steps werc Laken 1. Contacted minority businesses that reasonably could have been expected to submit a quote and that were known to the contractor or available on these State or local government-maintained lists at least ten(I O}days before the bid or proposal date and notifying them of Lie nature and scope of the work to be perforated. 2. Made.The construction plans,specifications,and requirements available for review by prospective minority businesses,or providing these documents to them at least ten(10)days before the bid proposals are due. 3. Broke down or combined elements of work into economically feasible units to facilitate minority participation, Jan 08 14 10:48a Aquatic Resource Group 704-583-0730 p.18 4. Worked with minority trade,community,or contractor organizations identified by the Office of Historical Lndcrutilized Businesses and included in the bid documents that provided assistance in recruitment of minority businesses. 5, Attended any prebid meetings scheduled by the public owner_ 6. Provided assistance in getting required banding or insurance or providing alternatives to bonding or insurance for subcontractors. 7. 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 qualifications should have the reasons documented in writing. S. Provided assistance to an othenvise qualified minority business in need of equipment,loan capital, lines of credit, orjoint 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 supplier ui order to help the minority businesses in establishing credit. 9. Negotiated joint venture and partnership airangemenls with minority businesses in order to increase opporrui ties For minority business participation on a public constriction or repair project when possible_ 10. Provide quick pay agreements and policies to enable minority contractors and suppliers to meet cash flow demands. Jan 081410:48a Aquatic Resource Group 704-583-0730 p.19 APPENDIX:C LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR OR PROVIDE-MATERIALS OR SERVICES SUBJECT: (Project Name) TO: (Name of Prime Bidder) The undersigned intends to perform work in connection with the above project as a Minority Business Enterprise, The HUB status of the undersigned is certified by the State of North Carolina. The undersigned is prepared to perform the following described work or provide materials or ser.ices in connection with the above project(specify in detail particular work items,materials or services to be performed or prol:ided): at the following price: You have projected the following commencement date for such work,and the undersigned is projecting completion of such work as follows: Projected Projected Commencement Completion Iteius Date Date Subcontracting at any tier must be repotted and is subject to all HUB compliance requirements. This form shall be used for HUB subcontracting at any level. Date: (Name of Minority Contractor) By: J v � Jan 08 14 10:48a Aquatic Resource Group 704-583-0730 p.20 .APPENDIX B OR D MUST BE SUBMITTED WITH 131D APPENDIX D CERTIFICATION REGARDING SUBCONTRACTING PRACTICES We, J-tQti �.�i� �1"'•rte L' �"-�� hereby certify that it is (Name of Bidder) our intent to perform 100%of the work required for the contract_ (Name of project) In making this certification,the Bidder states the following l. That the Bidder does not customarily subcontract elements of this type project,and normally performs and has the capability to perform and will perform all elements of the work on this project with his/her own current work forces;and 2. That the Bidder agrees to submit the following infornation after bid and before the award of the contract: List the scope of services involved in this project. * List previous projects of this hpe that Bidder has performed with his/her forces. Payrolls from the above-mentioned jobs which illustrate Bidder's employees'job classifications needed to perform the elements of the work on the Project or a breakdown of Bidder's entire work force which illustrates the number of employees in each jub classification. * Name and phone number of the Field Supervisors for these jobs. * List of equipment Bidder's firm owns that has been used on previous projects. * Copies of lease agreement for equipment that was leased- The Bidder agrees to provide any additional information requested for the statement contained in paragraph number J above- The undersigned hereby certifies that he or she has read this certification and is authorized to bind the Bidder to the commitments herein contained. r� Date: (Name of Authorized Officer) Signature: Tide: �•'-�S �— ��L Jan 08 14 10:49a Aquatic Resource Group 704-583-0730 p.21 STATE OF NORTH CAROLINA AFFIDAVIT ORANGE COUNTY (the individual attesting below),being duly authorized by and on behalf of o► . }^-C C o�.ti C=��T(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. " ly, This f dayof �cnu't£l-�_11-1 - C'-f IN ,- Signature of Affiant ✓ Print or Type Name: \{{i111 State of North Carolina Orange County D ``�� 4��ALD c�O,��' Signed and sworn to(or affirmed)before me,this theme_ day of r.�ZT_gi - C;! ^-• :E r E My Commission Expires: ° 0T-04-24`6�a�,� //1lQ� URG C �` Notary Public l,t�►�ti{{��� Jan 08 14 10:49a Aquatic Resource Group 704-583-0730 p.22 NSF International OFFICIAL LISTING NSF International Certifies that t:,c orcduc-s appearing or, this listing conform to the recoirem,!nts nf NSF/ANSI Standard 50 - £qu-n-r.ent for swimming pools, Spas, Hat Tubs and Other Recreational Water Facilities This is the Official Listing recorder on Septemb=-r 3, 201_. Aquionics Inc. 1455 Jamike Avenue Suite 100 Erlanger, KY 41018 800-925-0440 859-341-0710 Facility: Nuenen, The Netherlands Ultraviolet Light Process Equipment rn-Lirre Medium Pressure W System[11 [2] [_] [4, In-Line 10C+ In-Line 200+ In-Line 450+ In-Line 1000+ -n-Line 400+ In-Dine 45CG+ []] Certifi�d for peel and sp. /hot tub end use. [2] This product has not been Certified by USE to the requiremenzs of the National Electrica' Coce or elec-rical product >s_e-y standards. [_) Product has rret the requirements of NSF.'AUSI 5J, Annex H._: DisinfeCzion Efficacy for t]Ze >= 3 log reduction of Er_terococcus faec'uT [ATCC fr65691 and Pseudomoras aeru,inosa [ATCC +27313] . This product is intended for supplemental disinfection and should be used with registered or approved cisin-fer_-ion chemicals to impart residual concentrations in accordance with state and Local regulat-ons. This product has not been evaluated zo the cryptosporidium inactivation requi=emenzs of NSF/ANSI 50. [4' =his product has been tested to confirm a minimum inactivation equivalent of 3 lcg (99.90) cryP=osperidium pa.rvun, in accordance with NSF 50 ant the DS EPA UV DGM. Ccnsulz the cr.anufacturer's Installation and Operating Instructions for the Performance operating paraseters. This product has set the requirements of NSF/ANSI SC, Annex H.1: Disinfect-on Efficacy fcr the minimum of a 3 log (99.9%) reflection of Errterococcus `aecium [ATCC f63691 and rsi-udomonas aerucinosa [ATCC 4273131 . This product is irtended for secondary d.is.i.nfection and should be used with registered or approved di°infection chemicals to impart residual concentrat-ior.s in accordance with state and local regulations. Facility: Slough, United Kingdom Ultraviolet Light Process Equipment In-Line Me U- Pressure Uv system1�1 [2) [31 [4] -n-Line 100+ In-Line 200+ _n-Line 450+ In-Line 100C- In-Line 4000+ -n-Line 450,9+ [1] C=rt_f'-ed fcr pool and spa/hot tub end [2] This product has no:. been Certified by NSF to the requiremen-s of the National E_e:_tr--_cal Code or electrical product safety standards. ;3] Product has rnet the requirements of iisF!7LNSI 50, Annex -1.1: nizinfeczion E'fficacv fnr the - >- 3 log re3',;ction of Enterococcus faecium [ATZC $6569] and Pseu9ononas aeruginosa [ATCC #2'313] . This product is intended for supplemental disinfecticn and should he used r.•=tc registered or approved disinfectio_, chemicals to impart residual concentrations :.n accordance with state and local regulations. This product has no= beer, evaluated tc the crypzospor--diure inactivation requirements of ITSF,'ANsI 5-. Vrte; Addi-ion.!, shall not be made- to this document without prior evaluation and acceptance by NSF Interna-icnal. 1 of 2 00190711 7;9 N.Dixburu Ruad.Ann Arbor,Miclu mn M05-97'__USA 1-800-NSF-MARK/73.1 769-8010 •ti•����.nsf.orL Jan 08 14 10:49a Aquatic Resource Group 704-583-0730 p•23 0 NSF International 4] This product has been tested to confirm a minimun inactivation equivalent o- ? Loci 199.90 crvptosporidium parvwr. in accordance with NSF 5C and the US EPA UV DGM. Ccnsult th,o manufacturer's Instailaticn and Operating Instructions for t:-,e performance operating para_reters. This product has met the requirements of NSF/ANST 5C, Ames A.1: Disinfection Efficacy for the >= minimum of a 3 log (99.9%) reduction Of Enteroc:=2us -aeciurr, [ATCC #65691 and Pseidomonas aeruginosa [ATCC 4273131 . Ttis product is intended 'or secondary disinfection and should be used ..jith registered or approved cLsinfect.or. chemicals to impart xesid'ual concen-rat_ons in acco-dance wi,_h state and local rec-�lations. Ho=e: Additions shall not be made �o this document withr_,ut prior evaluation and acceptance by NSF International. 2 - �'714C741 789 N.Diaboro Road,Ann Arbur.\9ichiLnn 4.9105-9723 USA -SOLI-KSF-MARK;734-769-9010 ivy rn•.n s f.or; AQUAT-1 OP ID:TH AC°'RO CERTIFICATE OF LIABILITY INSURANCE 1 DATE(M9/20 4 01!29/2014 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 CONTACT Martin&Harrill Inc NAME, Tonla Hubbard 221 W 11th Street PHONE 704-376-2436 �AI J ,Nb):704-375-2469 Charlotte,NC 28202-1715 E•MAR Zachary Harrill ADDRESS:thubbard @martinandharrili.com _ INSURER(S)AFFORDING COVERAGE NAIC# INSURER A_:Catlin Sp_e_cialty Insurance Co _ INSURED Group Aquatic Resource i — q P LLC INSURER B: - Suite 103-156 — - 8334 Pineville Matthews Road INSURER C: Charlotte,NC 28226 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. POLICY EFF LTR TYPE OF INSURANCE IN9R wtm J POLICY NUMBER MMAD IYYYY) fMMJDDArM LIMITS GENERAL LIABILITY 1,000 _EACH OCCURRENCE S ,DO A X COMMERCIAL GENERAL LIABILITY 13200301473 0310712013 03107/2014 DAMAGE To RENTED PREMISES(Ea occurrence) S 100,00 CLAIMS-MADE X J OCCUR MED EXP(Any one person) $ 10,00 r--�--' .-__.----- PERSONAL&ADV INJURY S 11000100 -------_ GENERAL AGGREGATE S 2,000,00 GEN'L AGGREGATE LfM1T APPLIES PER - PRODUCTS-COMP/OP AGO S 2,000,00 __. _ X POLICY !JE Q LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident S ANY AUTO BODILY INJURY(Per person) S ....II ALL OWNED ...I SCHEDULED i AUTOS _4 i AUTOS - BODILY INJURY(Per accdent) S W M L� HIRED AUTOS - NON-ONED PROPERTYbAAGE __ ---- .�AUTOS S UMBRELLA LIAR !OCCUR EACH OCCURRENCE S I EXCESS LIAB 'CLAIMS-MADE I -__ AGGREGATE T — t 3 DED RETENTION$ S WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN � TQRY WC STATU __L JOTH ER LIMiT�J ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? NIA .-„ (Mandatory in NH) ( E L DISEASE-EA EMPLOYEE(S i It yes describe under — DESCR)PTION OF OPERATIONS hek,w E.L-DISEASE-POLICY LIMIT S I I I I I DESCRIPTION OF OPERATIONS r LOCATIONS I VEHICLES(Affach ACORO 701,Additional Remarks Schedule,it snore space is.requiretl) CERTIFICATE HOLDER CANCELLATION ORANG-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 8181 ACCORDANCE WITH THE POLICY PROVISIONS. Hillsborough,NC 27270 AUTHORIZED REPRESENTATIVE Cr31988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD � X AQUAT-1 OP ID:TH q�O�►Q DATE(MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 01/29/2014 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 CONTACT Martin 8,Harrill Inc NAME: Toni.Hubbard 221 W 11th Street LAJ4 a�EMr.704-376-2436 704-375-2469 Charlotte,NC 282D2-1715 noDRless;thubbard @martinandharrill.eom Zachary Harrill --..---------------._ .-.___----.`- INSURER(S)AFFORDING COVERAGE NINSURER A Penn National Insurance — INSURED Aquatic Resource Group LLC INSURER e, Suite 103-156 8334 Pineville Matthews Road INSURERC: Charlotte,NC 28226 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 .._-- ----`------- ADDC"UBR -.. _—�POL'ILY EFF POLICY EXP -- LTR TYPE OF INSURANCE INSR WVQ POLICY NUMBER O/YYYY1](M&4=fryyyl LIMITS GENERAL LIABILITY I—, EACH OCCURRENCE _ $ D AG 0—T1ERTE15..., COMMERCIAL GENERAL LIABILITY I .PREMISES IFa occurrence) 1 CLAIMS-MADE OCCUR ! MED EXP(Any one pars..) $ PERSONAL&AOV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: j PRODUCTS-COMP/OP AGG $ ----� f�I POLICY PRO- LOG $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ,QDD,�(] A X ANY AUTO A 0680685 03/0712013 03/07/2014 BODILY INJURY(Per person) S AL.OWNED SCHEDULED BODILY INJURY(Per accident) $ 4 AUTOS I 'AUTOS _ F NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS _(PER ACCIDENT} $ $ UMBRELLA LIAR OCCUR I _EACH OCCURRENCH `$ - EXCESS LIAB I CLAIMS MADE AGGREGATE OED I RETENTION$ $ WORKERS COMPENSATION WC STATU- ! TH- AND EMPLOYERS"LIABILRY YIN I T Y B_IMITS�_ ER A ANY PROPRIETOR/PARTNERIEXECUTIVE — WC9 0680685 03107/2013!0 3107/2 01 4 E L EACH ACCIDENT _ S 1,000,000 OFFICERIMEMBER EXCLUDED? NIA'. (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE$ 1,000,00 11 yes,describe under — ----- DESCRIPTIONOFOPERATIONSbelow E.L.DISEASE-POLICY LIMIT $ 1,000,DD q Rental Equipment CI-9 0680685 03/11712013 0310712014 30,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Addiliorud Remarks Schedule,H more space is required) CERTIFICATE HOLDER CANCELLATION ORANG-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN g ty ACCORDANCE VAT"THE POLICY PROVISIONS- PO Box alai Hillsborough,NC 27270 AUTHORIZED REPRESENTATIVE dr C7 O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD