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HomeMy WebLinkAbout2016-286-E AMS - Apex Fire Systems, LLC for historic courthouse fire alarm system upgrades DocuSign Envelope ID: B840BD77-8346-41AC-85B4-37D8F3A6OB7A NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$50,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement's), is made and entered into 'this 7th day of June, 2016 by and between Orange County, North Carolina (hereinafter the "Owner") party of the first part; and Apex Fire Systems LLC (hereinafter the "Contractor'), party of the second part, WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the Owner hereby contracts for the construction services of the Contractor, and the Contractor agrees to provide the construction services to the Owner in accordance with the terms of this Agreement. I. TERM AND MAXIMUM AMOUNT PAYABLE Beginning and ending dates of contract: June 8, 2016 through December 31, 2016. The Project Commencement Date shall be June 8, 2016. Dollar Amount Not to Exceed: Three Thousand Six Hundred Twenty Seven Dollars and Sixty Cents ($3,627.60) . SERVICES Contractor agrees to provide the following construction services (the "Work"): provide and install FireLite Fire Alarm system and devices to replace the existing devices in the Historic Courthouse per proposal # 186449 dated: 4-5-2016 Contractor shall not sub-contract all or any part of the construction services provided for in this Agreement without prior written approval of the Owner. Contractor shall be responsible for all errors or omissions, in the performance of the Agreement. Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to Owner. 3. PAY ENT Contractor shall submit an invoice for construction services provided. The invoice shall contain Contractor's name and federal tax identification number and shall be signed and dated by an officer of Contractor. It shall detail all construction services provided in payment requests. The Owner will make payments to Contractor within thirty (30) days after receipt of and approval of the invoice by the contracting department. In the event the amount stated on an invoice is disputed by Owner, then Owner may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. In addition, should Contractor fail to perform its duties under the terms of this Agreement, Owner may, without fault or penalty, withhold any payment associated with the Work to be performed until such time as said work is completed. 4. RELATIONSHIP OF PARTIES Contractor is an independent contractor of the Owner. Contractor represents that it has or will secure, at its own expense, all personnel required in performing the construction services under this Agreement. Such personnel shall not be employees of or have any contractual relationship Revised 1/16 1 DocuSign Envelope ID: B840BD77-8346-41AC-85B4-37D8F3A6OB7A 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. 5. SUSPENSION AND 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. Owner may suspend the Work at any time for Owner's convenience and without penalty to Owner upon three (3) days' notice to Contractor. Upon any suspension by Owner Contractor shall discontinue the Work and shall not resume the Work until notified to proceed by Owner. The notice required by this section or any other notice shall be delivered via certified mail, return receipt requested to the parties at the addresses as shown on the signature page to this Agreement. Such notice is deemed given upon its delivery to, or deposit in a receptacle of, the United States Post Office. 6, INSURANCE REQUIREMENTS Contractor shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any 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://www.orangecouptyne.gov/departments/purchasing division/contracts.php). 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. 7. INDEMNIFICATION Contractor agrees to defend, indemnify, save, and protect Owner and Owner's lender, if any, harmless from and against any and all claims, liens, liabilities, losses, damages, causes of action, and expenses (including court costs and reasonable attorney's fees related thereto) arising out of, in connection with, or resulting from any negligence, act or failure to act by the Contractor, the Contractor's agents, assigns or employees related to the Work. Contractor is responsible for all errors or omissions caused by its agents, contractors, employees, or assigns in the performance of this Agreement. It is the intent of this section to require Contractor to indemnify the.,Owner to the full extent permitted under North Carolina law. 8. 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. 9. NON—APPROPRIATION Contractor acknowledges that Owner is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory Revised 1/16 2 DocuSign Envelope ID: B840BD77-8346-41AC-85B4-37D8F3A6OB7A 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 furids. It is expressly agreed that Owner shall not activate this non- appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the Owner's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects Owner's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to Owner upon written notice to Contractor of such limitation or change in Owner's legal authority. 10. DISPUTE RESOLUTION Any dispute with respect to any provision of, or the performance or non-performance of, this Agreement shall be subject to the Dispute Resolution Mules and Procedures for Orange County Design, Building Construction, Renovation, and Repair Projects which rules and procedures are incorporated herein. 11. ENTIRE AGREEMENT The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it, together with specifically referenced documents, 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. Should any conflict arise in the terms of any documents referenced herein and this Agreement the terms of this Agreement shall be given priority and shall control over all other such documents. Should a request for proposals and a proposal be referenced the terms of the request for proposals shall have priority over the terms of the proposal. 12. COMPLIANCE IT LAW/GOVERNING LA 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. 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. By executing this Agreement Provider affirms that Provider and any subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article 1 I and Article 40 of North Carolina General Statute Chapter 66. [SIGNATURE PAGE TO FOLLOW] Revised 1/16 3 DocuSign Envelope ID: B840BD77-8346-41AC-85B4-37D8F3A6OB7A IN WITNESS WHEREOF Orange County and the Contractor have signed this agreement, effective as of the day and date first above written. ORANGE COUNTY CONTRACTOR ..........by: ..........by: By bbWmf, (�a*urs� By I,- "£��4-- County Manager Chris Register 200 S. Cameron St. Apex Fire System LLC. P.C. Box 8181 P.O. Box 879 Hillsborough,NC 27278 Sanford,NC 27331 Revised 1/16 4 DocuSign Envelope ID: B840BD77-8346-41AC-85B4-37D8F3A6OB7A APEX FIRE SYSTEAIISLLC PO BOX 879 ; SANFORD,NC 27331 w DATE PROPOSAL NO. 4/5/2016 186449 CUSTOMER NAME/ADDRESS ORANGE COUNTY PUBLIC WORKS PO BOX 8181 HILLSBROUGH,NORTH CAROLINA 27278 ATTN:ANGEL BARNES HISTORICAL COURTHOUSE Description Qty Total FIRELITE 50PT.FIRE PANEL WITH BUILT IN COMMUNICATOR 1 750.00 FIRELITE ADDRESSABLE MANUAL PULL STATION 4 340.00 FIRELITE ADDRESSABLE PHOTO-ELECTRIC TYPE DETECTOR WITH BASE 7 677.60 FIRELITE ADDRESSABLE HEAT DETECTOR 2 130.00 FIRELITE 24 VOLT POWER SUPPLY 1 450.00 12 VOLT 7 AMP HOUR LEAD ACID BATTERY 2 20.00 FIRE ALARM LABOR TO REMOVE OLD DEVICES,INSTALL NEW EQUIPMENT, 12 1,260.00 INCLUDING ALL TESTING,PROGRAMMING AND NFPA 72 RECORD OF COMPLETION _. FOR FIRE MARSHAL APPROVAL ° Signature Phone# (919)303-3000 DocuSiggpn Envelope ID: B840BD77-8346-41AC-85B4-37D8F3A6OB7A ✓` DATE(MMlDblY"YYY) ..... 05/31/2016 [;REPRESEN:TATIVE S CERCATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS RTIFICA DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ,ALTER THE COVERAGE AFFORDED BY THE POLICIES LOW. S CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED OR PRODUCER,AND THE CERTIFICATE HOLDER. ORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must tae endorsed. if SUBROGATION IS WAIVED,subject to 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 NAME: Will Brame Will Brame Assoc.Agent PHONE . 919-362-8042.._. .__ ... a?= - AC Errel:_ N Walker Insurance Group E-MAIL SS: wbrame @aiinus.com Apex, NC 27502 _ 420 East Williams Street - INSURER(S)AFFORDING COVERAGE NAIL# .. - INSURER A: Riverport Insurance Company 36684 INSURED - - INSURER B Apex Fire Systems INSURER C: PO Box 879 INSURER D Sanford, NC 27331 INSURERE: - 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_ _ffADD€. LTR TYPE OF INSURANCE N R POLICY NUMBER M�hS/DDtYYYY MMID-W LIMITS f GENERAL LIABILITY EACH OCCURRENCE _ $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED - - " - — PREMISES �L.. �. CLAIMS-MADE u OCCUR MED EXP(Any one perscn) I$ -' - — - ---— PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ .7 POLICY 1 PRO- F LOC AUTOMOBILE LIABILITY COMBINED.SINGLE LIMIT Ea accident) _ ANY AUTO BODILY INJURY(Per person) $ (� ALL OWNED SCHEDULED ._. -.-._. : . ...... ._. .. -. AUTOS AUTOS BODILY INJURY(Per accident) $ NON-OWNED -_ HIRED AUTOS AUTOS PROPERTY DAMAGE $ JPer accident) _ UMBRELLA LIAB `OCCUR - EACH OCCURRENCE $.. EXCESSLJAB CLAIMS-MADE AGGREGATE — _.. JI. DED ..RETENTIONS WORKERS COMPENSATION WC STATU- OTH- AND.EMPLOYERS'LIABILITY YIN T RY,LIMITS ... ER T ANY PROPRIETO)1PARTNERIEXECUTIVE ❑I Y 6605626 08/28/2015 08/28/2016 .E.I.EACH ACCIDENT 1 $ 1.,000,000. A OFFICERtMEMBEREXCLUDED? N NIA (Mandatory in NH E-L-DISEASE-EA EMPLOYE $ 1,000,000 It yes,describe under ._ �DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLIGYLIMIT $ 1,000,000 i DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Fire Alarm Sales,Installation,and Service CERTIFICATE HOLDER CANCELLATION 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 27278 919-732-8181 AUTHORIZED REPRESENTATIVE ACORD 25(2010/05) ©1988-2�DPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: B840BD77-8346-41AC-85B4-37D8F3A6OB7A CERTIFICATE OF LIABILITY� DATE(MMrDDrYYYY) INSURANCE 05/09/2016 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($), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the poiicy(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 3Reu of such endorsement(s). PRODUCER ...�..... CONTACT Will Brame. NAME: _ Will Brame Assoc.Agent PHONE 919-362-8042 Fax _(sfxfC�Ja Ex4) Walker Insurance Group E-MAIL ADDRESS: wbrame@aiinus.com .� 420 East Williams Street 1, URER(S)AFFORDING COVERAGE �NAIC Apex,NC 27502 INSURERA: Essex Insurance Company 39020 INSURED INSURER B. Auto Owners insurance Apex Fire Systems INSURERC: Riverport Insurance Company 1 36684 _ _.._...__...._ PO Box 879 INSURER D: _................._ _.........._._..... ._.._._ Sanford,NC 27331 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,TERN/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 ADLSUBR POLICY Ef POLICY EX LTD ._ ..__......__-- TYPE OF INSURANCE R POLICY hNUMBER MPoAfDD1°dYYY I. MitL}L?P(YYY LIMITS GENERAL LIABILITY 2,000,000 �,+ EACH OCCURRENCE $ ✓! COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED ..— $ 100 000 PREMISES Eaaccurrance) CLAIMS-MADE � OCCUR � MED EXP(Any,one ppfson)_k S 5 000... A 3AA103647 08/2812015 08/28/2016 2000 000 _w ( PERSONAL&AOV INJURY I$ _ - s jGENERALAGGREGATE 4,000,000 GE.N'L AGGREGATE LIMIT APPLIES PER' =PRODUCTS-COMPIOP AGG .i 4,000,000 _i PRO- POLICY LOC --- $ E AUTOMOBILE LIABILITY i i }ct7MaINE2S SINGLE LIMIT $ 1,0©0,p00 Li�, , I{Ea accident _, ANY AUTO 1 ` BODILY INJURY(Per person) S r ALL OWNED t SCHEDULED 50-462-480-00 !08/27/2015�08/27/2016(BODILY INJURY(Peracddent) .$ .... .�,...,_... _ AUTOS AUTOS _. I NON-OWNED I PROPERTY DAMAGE ---------- fit^ HIRED AUTOS /AUTOS i Peraecidenk} 5 $ UMBRELLA LIAR �I OCCUR EACH OCCURRENCE ;$ ExOE55 LIAR CLAIMS-MADE AGGREGATE € I DED RETENTIONS � --- --�$��-� WORKERS COMPENSATION I WC STATU l OTH- AND EMPLOYERS`LIABILITY i T R`�.I.[MIT$.( ER .._.. YINI _. ANY PRGPRIETOR/PARTNERtEXECU7IVE E.L.EACH ACCIDENT 3 1,000,00() C OFFICERIMEMBER EXCLUDED? I N JI N I A 6605626 08/2812015 08/2812016 — — '(Mandatory in NH) ` E;L_DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under !DESCRIPTION OF OPERATIONS below E .DISEASE.-POLICY LIMIT 5 1,000,000 i i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,it more space Is requires!) Fire Alarm Sales,Installation,and Service - Automobile as it pertains to the named insureds operations in connection with the above CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES HE CANCELLED BEFORE Orange County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 8181 ACCORDANCE WITH THE POLICY PROVISIONS. Hillsborough,NC 27278 91.9-732-8181 AUTHORIZED REPRESENTATIVE I ACORD 25(2010105) O 1988-2010 ACOIREPeIMPORATION. All rights reserver!. The ACORD name and logo are registered sparks of ACORD