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HomeMy WebLinkAbout2016-592-E AMS - Warren-Hay Mechanical Contractors, Inc. - clean, treat HVAC system at ES DocuSign Envelope ID: C41A43F4-7F0E-4678-B143-E34641EC9603 NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$50,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this 11th day of October, 2016 by and between Orange County, North Carolina (hereinafter the "Owner") party of the first part; and Warren-Hay Mechanical Contractors, Inc. (hereinafter the "Contractor"),party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the Owner hereby contracts for the construction services of the Contractor, and the Contractor agrees to provide the construction services to the Owner in accordance with the terms of this Agreement. 1. TERM AND MAXIMUM AMOUNT PAYABLE Beginning and ending dates of contract: October 11, 2016 through December 31, 2016. The Project Commencement Date shall be October 11, 2016. Dollar Amount Not to Exceed: Seventeen Thousand Three Hundred Twenty Five Dollars ($17,325.00) 2. SERVICES Contractor agrees to provide the following construction services (the "Work"): Provide and install (1) Ultra Air Dehumidification unit, per proposal dated September 28, 2016. Provide labor and material required to clean existing duct system as noted: cleaning of return lines, supply lines, main trunks, and regisiters, cleaning of the existing AHU's this will consist of coils, blower, interior housing, dampers, mixing box condensate pane and line. Every part of the unit that is in the air system will be cleaned. Treat every part of the HVAC unit, supply and return lines with Microban a medical grade antimicrobial - Before and after photos and checklist/report for every unit to supplied. HVAC restorsation per NADCA standards per proposal dated September 28, 2016. Provide labor and materials required to repair (noted refrigerant leak) on upstairs system, per proposal dated September 28, 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 perfoiinance 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 Revised 6/16 1 DocuSign Envelope ID: C41A43F4-7F0E-4678-B143-E34641EC9603 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 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.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 em ployees 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. Revised 6/16 2 DocuSign Envelope ID: C41A43F4-7F0E-4678-B143-E34641EC9603 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 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 Revised 6/16 3 DocuSign Envelope ID: C41A43F4-7F0E-4678-B143-E34641EC9603 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 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: C41A43F4-7F0E-4678-B143-E34641EC9603 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 i—UOCUSignetl by: �—UOCUgignetl by: By, 600aut, By ray,,WAWA, County Manager Warren-Hay Mechanical Contractors Inc. 200 S. Cameron St. PO Box 818 P.O. Box 8181 Hillsborough,NC 27278 Hillsborough,NC 27278 Revised 6/16 5 DocuSign Envelope ID: C41A43F4-7F0E-4678-8143-E34641EC9603 WA " EN HAY \ e ardent untk-actors ileatlig and Ad 6-141111intlina P Flo s 8 8 litishototigh NC 212 78 919-7'12-4162 State License#7211 wwwewarreti-llay.com September 28,2016 Orange County Works Re: Orange County EMS Center PROPOSAL We hereby submit specifications and estimates for: As noted: • Provide&install(1)Ultra Air delitindidification units as noted below, Ultra-Aire XT155H high-capacity,ventilating dehumidifier features revolutionary XT(Extreme Technology)dehumidification.XT dehumidification allows this unit to remove up to 155 pints of water a day,provide fresh air ventilation,while using only an unprecedented ISIW 6.,9 amps(7.9 pints per Kilowatt hour),The Ultra-Aire XT155H is ENERGY STAR(i)rated and effectively dehumidifies up to 3500 square feet. • Provide&install electrical service to unit frornexistingpanel; • Provide&install sheet motal and flexible ductwi::sric as required to serve private dining roorr). • Unit will operate at standalone cxxitrols. We propose herebyto furnish material and labor. 16.865.00 Payment to be made upon completion. Exclusions: • Power wiring based on adequate service existing;each new unit requires 15 amp dedicated circuit. 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. Signature: Date: Respectfully submitted by: Ron LaPann Commercial Division valid for 30 days ron.lapann@warren-hay.com DocuSign Envelope ID: C41A43F4-7F0E-4678-B143-E34641EC9603 WARREN - HAY Mechanical Contractors inc. Heating and Air Conditioning N',0 Box 818 Hillsborough,NC 272.78 919-732-4362 September 28,2016 Orange County Public Works Re: Orange county EMS facility PROPOSAL We hereby submit specifications and estimates for: As noted: o Provide labor and material required to clean existing duct system as noted: cleaning of return lines,supply lines,main trunks,and registers, cleaning of the existing AHU'S this will consist of coils,blower,interior housing,dampers,mixing box condensate pan and line.Every part of the unit that is in the air stream will be cleaned and sanitized. ® Treat every part of the HVAC unit and supply and return lines with Microban a medical grade antimicrobial-Before and after photos and checklist/report for every unit ® HVAC Restoration PER NADCA Standards We propose hereby to furnish material and labor: $6,710.00 Payment to be made as job progresses. Acceptance: Date: Exclusions/Clarifications: o System(s)will be down during cleaning. Anticipate system being off line for 1 business days. e Temporary units by others if needed. Respectfully submitted by:Ron LaPann Commercial Division run.larann•warren-ha;.corn DocuSign Envelope ID: C41A43F4-7F0E-4678-B143-E34641EC9603 WARREN P Mechanical Contractors Inc. Hating and Ad Conditioning P.O. Box 818 g Hillsborough, NC 27278 919-732-4362 September 28,2016 Orange County Public Works Re: Orange county EMS facility PROPOSAL We hereby submit specifications and estimates for: As noted: e Provide labor and material required to repair(noted refrigerant leak)on upstairs system. Will require system evacuation,repair and weigh in refrigerant charge after evacuation and vacuum. We p p hereby ro hereb to furnish material and labor: $3,750.00 Payment to be made as job progresses. Acceptance: Date: Exclusions/Clarifications: e System will be down during repair&evacuation. Anticipate system being off line for 2 business days. • Temporary units by others. Respectfully submitted by:Ron LaPann Commercial Division ron.fapann(c° warren-hay.com DocuSign Envelope ID: C41A43F4-7FOE-4678-B143-E34641EC9603 ��® ® DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 6/29/2016 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 Crystal Ireland NAME: y Business Insurers of Carolinas PHONE (919)968-4611 FAX (919)968-8991 (A/C No E#1: (A/C,No): 800 Eastowne Drive, Suite 208 E-MDREAIL SS:cireland @business-insurers.com AD PO Box 2536 INSURER(S)AFFORDING COVERAGE NAIC# Chapel Hill NC 27515-2536 INSURERA:Penn National Ins. Companies 14990 INSURED INSURER B:Bridgefield Casualty Insurance 10335 _ Warren-Hay Mechanical Contractors Inc INsuRERc:Philadelphia Insurance Comp 18058 Sheet Metal Duct Suppliers LLC INSURERD: PO Box 818 INSURER E: Hillsborough NC 27278 INSURERF: COVERAGES CERTIFICATE NUMBER CL161514307 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 ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY 1,000,000 EACH OCCURRENCE $ A CLAIMS-MADE X OCCUR DAMAGE TO RENTED 100,000 PREMISES(Ea occurrence) $ CX90726312 12/31/2015 12/31/2016 MED EXP(Any one person) $ 10,000 PERSONAL&ADVINJURY $ 1,000,000 GENt AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE _$ 2,000,000 PRO POLICY X JECT LOC PRODUCTS-COMP/OP AGG_$ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) A X ANY AUTO BODILY INJURY(Per person) $ ALLOWNED SCHEDULED AX90726312 12/31/2015 12/31/2016 BODILY INJURY(Per accident) $ AUTOS AUTOS _ HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) Endorsements $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,000 A EXCESS LIAR CLAIMS-MADE AGGREGATE $ 3,000,000 DED RETENTION$ UL90726312 12/31/2015 12/31/2016 $ WORKERS COMPENSATION X I STATUTE I I EOTH AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? N N/A B (Mandatory in NH) 0196-40173 12/31/2015 12/31/2016 E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 • C PHSD1108639 12/31/2015 12/31/2016 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION abarnes @orangecountync.gov SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE i Orange County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 8181 ACCORDANCE WITH THE POLICY PROVISIONS. Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE J Knauff, IV/IRELOI 7 P-27-- - __,- ;,/ ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD I N S025/7014011