Loading...
HomeMy WebLinkAbout2016-487-E AMS - Hillsborough Plumbing Co, Inc. to replace water pump and piping DocuSign Envelope ID:7C64F6F6-183B-4CE7-90AC-CB4486B1 EBDO NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$50,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this 23rd day of August, 2016 by and between Orange County, North Carolina (hereinafter the "Owner") party of the first part; and Hillsborough Plumbing Co., INC. (hereinafter the "Contractor"),party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the Owner hereby contracts for the construction services of the Contractor, and the Contractor agrees to provide the construction services to the Owner in accordance with the terms of this Agreement. 1. TERM AND MAXIMUM AMOUNT PAYABLE Beginning and ending dates of contract: August 23, 2016 through September 30, 2016. The Project Commencement Date shall be August 23,2016. Dollar Amount Not to Exceed: Sixteen- Thousand Four-Hundred Dollars ($16,400.00) 2. SERVICES Contractor agrees to provide the following construction services (the "Work"): Provide all labor and materials to replace existing water pump with new pump per "Item 1" and to replace existing water piping per "Item 2" including all other services listed under both items, per proposal dated 8/22/16 Titled: Orange County- Cedar Grove Building. 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. PAYMENT Contractor shall submit an invoice for construction services provided. The invoice shall contain Contractor's name and federal tax identification number and shall be signed and dated by an officer of Contractor. It shall detail all construction services provided in payment requests. The Owner will make payments to Contractor within thirty (30) days after receipt of and approval of the invoice by the contracting department. In the event the amount stated on an invoice is disputed by Owner, then Owner may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. In addition, should Contractor fail to perform its duties under the terms of this Agreement, Owner may, without fault or penalty, withhold any payment associated with the Work to be performed until such time as said work is completed. 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 Revised 6/16 1 DocuSign Envelope ID:7C64F6F6-183B-4CE7-90AC-CB4486B1 EBDO this Agreement. Such personnel shall not be employees of or have any contractual relationship with the Owner. All personnel engaged in work under this Agreement shall be fully qualified and shall be authorized or permitted under state and local law to perform such construction services. It is further agreed that Contractor will obey all State and Federal statutes, rules and regulations which are applicable to provisions of the construction services called for herein. Neither Contractor nor any employee of the Contractor shall be deemed an officer, employee or agent of the Owner. 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 htt_p://www.orangecountync.gov/departments/purchasing_division/contracts.php). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here NA (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 Revised 6/16 2 DocuSign Envelope ID:7C64F6F6-183B-4CE7-90AC-CB4486B1 EBDO Contractor acknowledges that Owner is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of Owner's obligations under this Agreement, then this Agreement shall automatically expire without penalty to Owner immediately upon written notice to Contractor of the unavailability and non-appropriation of public funds. It is expressly agreed that Owner shall not activate this non- appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the Owner's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects Owner's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to Owner upon written notice to Contractor of such. limitation or change in Owner's legal authority. 10. 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 Rules 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 WITH LAW/GOVERNING LAW Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and any action brought under this Agreement shall be brought in the General Court of Justice of the State of North Carolina in Orange County. Contractor shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal anti-discrimination laws,policies, rules, and regulations and the Orange County Anti-Discrimination Policy. Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. By executing this Agreement Contractor affirms that Contractor and any subcontractors of Contractor are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Contractor certifies that Contractor has not been identified, and has not utilized the services of any agent or subcontractor, on the list created by the State Treasurer pursuant to G.S. 147-86.58. This Agreement together with any amendments or modifications may be executed electronically. All Revised 6/16 3 DocuSign Envelope ID:7C64F6F6-183B-4CE7-90AC-CB4486B1 EBDO electronic signatures affixed hereto evidence the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. [SIGNATURE PAGE TO FOLLOW] Revised 6/16 4 DocuSign Envelope ID:7C64F6F6-183B-4CE7-90AC-CB4486B1 EBDO 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 �Docu Signed by: /—Docu Signed by: B bblA.�n.lt. C1AIMUrSLU1 B �O(7 it/tC6A, J, 0e3'99^37ccr^7' Y�--menv-F�,aF County Manager Hillsborough Plumbing Co., INC. 200 S. Cameron St. 1020 Hwy 57 N. P.O. Box 8181 Hillsborough,NC 27278 Hillsborough,NC 27278 Revised 6/16 5 DocuSign Envelope ID:7C64F6F6-183B-4CE7-90AC-CB4486B1 EBDO HILLSBOROUGH PLUMBING CO., INC. 1020 Hwy. 57 N. Hillsborough, NC 27278 PROPOSAL N.C. PLUMBERS LIC. #30516 PHONE: (919)732-4506 FAX: (919)732-5804 August 22, 2016 TO: Orange County ATTN: Angel Barnes JOB NAME/LOCATION: Orange County—Cedar Grove Building We hereby submit estimates for: Item#1: — Remove existing domestic water booster pump that is pumping water from holding tank in pump room and keeping pressure on occupied building. — Existing system to be evaluated by designer for recommendation of pump and controls to be re- installed. — Install new 1 HP pump with variable frequency drive to minimize water hammer at end of pump cycle. All piping to be installed as required from outlet of storage tank to outlet of new pump system and connected to existing piping. — Electrical requirements for new pump system shall be comparable to existing pump to minimize electrical work required. All electrical re-work and connection is included in quoted price. — Permits for electrical and plumbing are included in quoted price. — All exposed piping in pump room installed under this scope of work shall be insulated with 1" wall fiberglass insulation. Total Price: $12,600.00 Item#2: - Replace existing water piping from outlet side of new pump system to where piping exits pump room through wall. All existing CPVC piping in pump room shall be removed and replaced with copper. — All isolation valves shall be installed as required for isolation between main building and softball complex. — All exposed piping in pump room installed under this scope of work shall be insulated with 1" wall fiberglass insulation. Total Price: $3,800.00 DocuSign Envelope ID:7C64F6F6-183B-4CE7-90AC-CB4486B1 EBDO Notes: ® Water shall be Type L Hard Copper ® No Gas ® No patching or painting of floors,ceilings, walls or doors ® No floor scanning ® Sawcutting and removal of concrete is not included. ® No rock excavation ® All work shall be performed during normal working hours We Propose hereby to furnish material and labor-complete in accordance with the above specifications,for the sum of: See Above Payment to be made as follows: Upon Completion Pricing valid 30 days from date of proposal. Acceptance of Proposal—The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. DATE OF ACCEPTANCE: SIGNATURE: DocuSign Envelope ID:7C64F6F6-183B-4CE7-90AC-CB4486B1 EBDO AC J CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 5/16/2016 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(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 NAME: Colonial Insurance Agency Hillsborough AICONN.Ext): (919)732-2191 A/C,No): (919)732-2192 E-MAIL ADDRESS: PO Box 490 INSURER(S)AFFORDING COVERAGE NAIC II HILLSBOROUGH NC 27278 _INSURER A:Owners 32700 INSURED INSURER B: Hillsborough Plumbing Company Inc INSURER C: 1020 Nc Highway 57 INSURER D: INSURER E: Hillsborough NC 27278-8987 INSURERF: COVERAGES CERTIFICATE NUMBER:CL1651601634 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 TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DDIIYYYY) (MM/DDIYYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE X OCCUR PREMISES S( RENTED occurrence) $ 300,000 35203246 5/14/2016 5/14/2017 MED EXP(Any one person) $ 10,000 PERSONAL&ADVINJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X 79 LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: • Premises/Operations $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) A X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS 4725694701 5/14/2016 5/14/2017 BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) Uninsured/Underinsured $ 1,000,000 X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED RETENTION$ 4725694700 5/14/2016 5/14/2017 $ WORKERS COMPENSATION X STATUTE OTH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN N/A A E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED?(Mandatory In NH) 35041871 5/14/2016 5/14/2017 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A Leased or Rented 35203246 5/14/2016 5/14/2017 Limit 50,000 Equipment Deductible 1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) . Job: John Link Building - Mop Sink Certificate Holder is addiitonal insured with respects to General Liability by signed written contract. CERTIFICATE HOLDER CANCELLATION psorrell @orangecountync.go 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 AUTHORIZED REPRESENTATIVE CARLA MOORE/CARLAz41—_-4--- 9._ '7`2'� p n ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD I N S025(7n14m i