Loading...
HomeMy WebLinkAbout2016-657-E AMS - System Electric Corporation to replace existing doors with automatic doors DocuSign Envelope ID:A687FB54-B533-4105-8613-14D7CAF73434 NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$50,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this 7th day of November, 2016 by and between Orange County, North Carolina (hereinafter the "Owner") party of the first part; and System Electric Corporation (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: November 7, 2016 through December 15, 2016. The Project Commencement Date shall be November 7, 2016. Dollar Amount Not to Exceed: Fourteen Thousand, Seven Hundred Fifty Four Dollars ($14,754.00) 2. SERVICES Contractor agrees to provide the following construction services (the "Work"): Replace existing doors at muliple locations with automatic doors per proposal dated 10/13/16. This includes: Orange County Public Library (137 West Margaret Lane, Hillsborough), Seymour Center (2551 Homestead Road, Chapel Hill), Passmore Center (103 Meadowlands Drive,Hillsborough) 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 perfoim 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 Revised 6/16 1 DocuSign Envelope ID:A687FB54-B533-4105-8613-14D7CAF73434 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 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. Revised 6/16 2 DocuSign Envelope ID:A687FB54-B533-4105-8613-14D7CAF73434 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 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:A687FB54-B533-4105-8613-14D7CAF73434 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:A687FB54-B533-4105-8613-14D7CAF73434 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 �—000ssea er: ( 000s�y"ea cy: By b6ln./ut, By 964,awd.uvs6U, O6�]B94B]SSE4J].. bczza°qua... County Manager System Electric Corporation 200 S. Cameron St. PO Box 91194 P.O. Box 8181 Raleigh,NC 27675 Hillsborough,NC 27278 Revised 6/16 5 DocuSign Envelope ID:A687FB54-B533-4105-8613-14D7CAF73434 PO BOX 91194 V Raleigh, NC 27675 CELL (919) 909-0838 ystetT1 OFFICE (919) 237-2178 JoshA @SystemElectricCorp.com lectric Corporation PROPOSAL TO:Orange County Asset Management Services JOB NAME: Orange County Facilities Door Modifications ATTENTION:Angel Barnes JOB ADDRESS: DATE:10/13/16 ADDENDUMS:N/A PROPOSAL DETAILS: Total Proposed Price for Orange County Public Library $3,718.00 Total Proposed Price for Seymour Center$4,571.00 Total Proposed Price for Passmore Center$5,193.00 If work is to be completed after hours at the Seymour Center ADD $1,272.00 Plans Recognized:N/A Date:N/A Proposal Includes: ➢ Orange County Public Library(137 W Margaret Lane): o Furnish and install(1)automatic door operator,(1)"green"push button wall switch,(1)strike interface. • Security wiring to card reader by others. • A push button wall switch is not included on the exterior of the building. The card reader will activate the door opener. ➢ Seymour Center(2551 Homestead Road): o Furnish and install(1)automatic door operator, (2)Handicap push plate wall switch,(1)indicator deadbolt,(1) push/pull door hardware set. ➢ Passmore Center(103 Meadowlands Drive): o Furnish and install(1)automatic door operator, (2)handicap push plate wall switches,(1)electric strike,(1) window kit(installed in existing door). • Window must be 10"x10",3"x33"or 4"x25"due to the fact that the existing door is rated. ➢ Power from the electrical room to the automatic door opener is included in this price. Project Specific Exclusions: ➢ Excluding security wiring and hardware Proposal Is Firm For 30 Days Installation Guaranteed for 1 year NC Lic#23955-U DocuSign Envelope ID:A687FB54-B533-4105-8613-14D7CAF73434 PO BOX 91194 ® Raleigh, NC 27675 CELL (919) 909-0838 ystem OFFICE (919) 237-2178 JoshA@SystemElectricCorp.com ATE' Iectric Corporation General Exclusions: • Voice/Data wiring and associated hardware • Patching of interior finishes • Security wiring and associated hardware • Telephone Board • Bonding • Painting of Conduit • Hours outside of 7:OOAM-4:30PM • Penetrations and Patching of roof • Overtime from a result outside of SEC control • 3ra Party Testing • Davis/Bacon or Prevailing Wages • BIM and/or Coordination drawings • Seismic Engineering • Utility Fees • Seismic Bracing • Handling of/removal of hazardous and/or contaminated material • Cutting and Patching of Concrete and/or Asphalt Proposal Is Firm For 30 Days Installation Guaranteed for 1 year NC Lic#23955-U • DocuSign Envelope ID:A687FB54-B533-4105-8613-14D7CAF73434 ® A S R® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 10/19/2016 . 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: Rutherfoord, A Marsh&McLennan PHONE Email or Fax FAX 704-365 6214 Agency LLC Company (A/C,No,E:t): (A/C.Nol: E-MAIL ficates @rutherfoord.com 6230 Fairview Road, Ste 230 E-MAIL ADDRESS:certi Charlotte NC 28210 INSURER(S)AFFORDING COVERAGE NAIC it INSURER A:Nationwide Mutual Insurance Company 23787 INSURED SYSTEELEC INSURER B:Harleysville Worcester Insurance Co 26182 System Electric Corporation INSURER C: '3301 Glen Royal Rd. INSURER D -Raleigh NC 27617 — INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1367660415 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVO POLICY NUMBER (MM/DDIYYYY) (MM/DDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY SPP00000096425S 4/1/2016 4/1/2017 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $100,000 _ MED EXP(Any one person) $15,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY BA00000096423S 4/1/2016 4/1/2017 COMBINED SINGLE LIMIT $ (Ea accident) 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS ( ) X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) $ $ A X UMBRELLA LIAB X OCCUR CMB00000096426S 4/1/2016 4/1/2017 EACH OCCURRENCE $2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000,000 DED X RETENTION$0 $ B AND EMPLOYERS'LIABILITY Y/N WC00000096424S 4/1/2016 4/1/2017 X PER TATUTE EERH ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Jobs: Door Modifications for the following: Orange County Public Library, Seymour Center, and Passmore Center. • 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 AUTHORIZED REPRESENTATIVE CaZ4 a 1 .. ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD