HomeMy WebLinkAboutAgenda - 06-06-2017 - 8-d - Installation of Generators at Six Orange County Facilities 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 6, 2017
Action Agenda
Item No. 8-d
SUBJECT: Installation of Generators at Six Orange County Facilities
DEPARTMENT: Asset Management Services,
Finance and Administrative
Services
ATTACHMENT(S): INFORMATION CONTACT:
Generator Agreement Alan Dorman, 919-245-2726
Jeff Thompson, 919-245-2658
David Cannel!, 919-245-2651
PURPOSE: To:
1) approve an Agreement with National Power Corporation of Raleigh, North Carolina in the
amount not-to-exceed $492,096 for the purchase and installation of emergency
generators for the Animal Services Center, Cedar Grove Community Center, Efland
Community Center, Hillsborough Commons, Passmore Center, and the Rogers Road
Community Center; and
2) authorize the County Manager to sign the Agreement upon County Attorney review and
to sign any change orders up to the Project Budget.
BACKGROUND: The FY 2015-2016 and 2016-2017 Capital Investment Plans ("CIP") included
funds to design and install an emergency backup generator at Hillsborough Commons and to
install backup generators to the following additional facilities: Animal Services Center, Cedar
Grove Community Center, Efland Community Center, Passmore Center, and the Rogers Road
Community Center. The total approved appropriation for generators is $505,000, and the
current not to exceed cost amount is $492,096.
Emergency Backup generators can provide power when utility power fails, which will allow these
facilities to continue to serve residents during inclement weather and other emergencies.
The County may enter into a contract with the National Power to purchase and install these
generators through a "piggy back" bid process because National Power was selected in a
competitive bid process by the City of Charlotte. Charlotte issued an Invitation to Bid ("ITB") on
January 17, 2013 to provide generators and related services for the City of Charlotte and other
public agencies. The ITB requested pricing on 18 specific sizes (50-3000kW) generators,
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discounts on all other available size generators, accessories, and related services for the City of
Charlotte and participating agencies.
In response to the ITB, five bids were received and evaluated. National Power provided the
lowest pricing on all 18 generator sizes, whereas the other bid responses only included prices
on a select few of the requested sizes. National Power Corporation was determined to be the
lowest responsive, responsible bidder meeting all requirements including, but not limited to
price, quality, performance, qualifications and experience, delivery, workmanship, and ability to
provide the needed products and services to all potential participating public agencies.
Facility Generac Generator/Automatic Cost
Transfer Switch Installed
Animal Services SD350 — 350 KW Standby Capacity $125,144
Cedar Grove Community Center SD80 — 80 KW Standby Capacity $65,009
Efland Community Center SD050 — 50 KW Standby capacity $39,111
Hillsborough Commons SD300 — 300 KW Standby capacity $107,416
Passmore Center SD200 — 200 KW Standby Capacity $113,665
Rogers Road Community Center SD050 — 50 KW standby capacity $41,751
Total: $492,096
Should this agreement be approved by the Board, installation will occur in the summer and early
fall of 2017.
FINANCIAL IMPACT: The contract price totals $492,096. The Board of County
Commissioners appropriated $130,000 within the FY 2015-16 CIP and another $375,000 in the
FY 2016-17 CIP within the generator projects item for the purchase and installation of these six
generators. The total appropriation for these generators is $505,000.
SOCIAL JUSTICE IMPACT: The Following Orange County Social Justice Goal is applicable to
this item:
• GOAL: ENSURE ECONOMIC SELF-SUFFICIENCY
The creation and preservation of infrastructure, policies, programs and funding necessary
for residents to provide shelter, food, clothing and medical care for themselves and their
dependents.
RECOMMENDATION(S): The Manager recommends the Board:
1) approve an Agreement with National Power Corporation of Raleigh, North Carolina in the
amount not-to-exceed $492,096 for the purchase and installation of emergency
generators for the Animal Services Center, Cedar Grove Community Center, Efland
Community Center, Hillsborough Commons, Passmore Center, and the Rogers Road
Community Center; and
2) authorize the County Manager to sign the agreement upon County Attorney review and to
sign any change orders up to the Project Budget.
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[Departmental Use Only]
TITLE Standby Generator Installation
FY 2016-17
NORTH CAROLINA
CONSTRUCTION AGREEMENT OVER$250,000.00
ORANGE COUNTY
THIS CONSTRUCTION AGREEMENT (hereinafter called "Agreement"), made as of the 6th day of
June, 2017, by and between National Power Corporation, (hereinafter called the "Contractor"), and Orange
County, a political subdivision of the State of North Carolina, (hereinafter called the "County," "Orange
County," or"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 General Conditions which are fully
incorporated in this Agreement, the Request for Proposals, designer approved communications and/or field
orders, the Proposal, Construction Documents and Drawings and Written Specifications, and the terms and
conditions of sale. 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 and incorporated General Conditions attached as Exhibit 1.
b. Designer approved and stamped construction documents and drawings and written
specifications.
c. Designer approved communications and/or field orders.
d. Request for Proposals and addenda thereto.
e. Proposal-Custom Quote Dated April 28, 2017.
f. National Power Corporation Terms and Conditions of Sale.
2. SCOPE OF WORK
The Contractor shall furnish and deliver all of the materials, and perform, and be fully responsible
for 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
b. Written specifications prepared by the designer.
c. Contractor generator fabrication and installation proposal dated April 28, 2017, itemized by
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location and selected contractual scope of work per location. Selected scope of work sections
and the corresponding proposed costs per location include the base generator, options, design,
installation materials, installation labor, and required crane services 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
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 October 31st, 2017.
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.
4. STANDARD OF CARE AND DUTIES OF CONTRACTOR
a. The Contractor shall exercise reasonable care and diligence in performing the Work in
accordance with the 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 Contractor, Subcontractor, and Sub-subcontractor errors
or omissions, in the performance of the Agreement together with the errors and omissions of
any agent or employee of the Contractor or any Subcontractor or Sub-subcontractor.
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 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 -discrimination
laws, policies, rules, and regulations and the Orange County Non-Discrimination Policy and
Orange County Living Wage Policy (each policy is incorporated herein by reference and may
be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php).
Any violation of the Orange County Non-Discrimination Policy is a breach of this Agreement
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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.
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.
g. The Contractor shall supervise and direct the Work efficiently and with the Contractor's best
skill and attention. Except as specifically set forth in the Contract Documents the Contractor
shall be solely responsible for the means, methods, techniques, sequences and procedures of
construction, and for safety precautions and programs in connection with the Work. The
Contractor shall be responsible to see that the finished Work complies accurately with the
Contract Documents.
h. The Contractor shall appoint a competent Project Manager with general authority to manage
the Project for the Contractor. The Contractor shall also keep on the Project at all times during
the Work of the Contractor a competent Resident Superintendent and necessary assistants who
shall not be replaced without prior written approval by the Owner.
i. If, in the opinion of the Owner, any Subcontractor on the Project is incompetent or otherwise
unsatisfactory, such Subcontractor shall be replaced by the Contractor with no increase in the
Contract Price if and when directed by the Owner.
j. The Contractor shall attend all progress conferences and all other meetings or conferences.
The Contractor shall be represented at these progress conferences by a representative having
the authority of the Project Manager and by such other representatives as the Owner may
direct.
k. Costs and expenses of providing samples for and assistance in any testing shall be borne by the
Contractor. Any Work in which untested materials are used without approval or written
permission of the Owner shall be removed and replaced at Contractor's expense.
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 Four Hundred Ninety Two Thousand Ninety Six Dollars ($492,096). Not later than
the fifth (5th) day of each calendar month the Contractor shall submit to the Owner's
Representative 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 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
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Owner on or before the last business day of the month. Owner shall retain five percent
(5%) (the "Retainage").
(1) Upon Owner's Representative's certification that fifty percent (50%) of the
Work has been satisfactorily completed Retainage shall be reduced to two and
one half percent(2'/2%).
(2) 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 Final
Completion of the Work, including punch list work, has been satisfactorily completed
and an appropriate Affidavit, Indemnification, and Release as required in Section 8(d)
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.
d. Should the Owner receive notice that the Contractor has failed to pay a Subcontractor for the
Work performed related to a Request for Payment, Owner shall have the authority to withhold
payment of the disputed amount until parties resolve their dispute. Failure to pay the
Contractor pursuant to this section of the Agreement shall not be deemed to be a breach of the
Agreement.
6. 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.
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
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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.
7. 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 National Power Corporation
Attn: Jeff Thompson Attn: Joel Cheek
P.O. Box 8181 4541 Preslyn Drive
Hillsborough,NC 27278 Raleigh,NC 27616
8. 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 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 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 Owner 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.
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f. All generators provided and installed pursuant to the terms of this Agreement shall be new
generator units. No used or refurbished generator units shall be sold to the Owner or installed
as part of this Agreement. Any generator unit discovered to be used and/or refurbished shall
be replaced with a new generator unit, identical to the corresponding generator unit shown in
Contractor's Custom Quote dated April 28, 2017, at Contractor's cost and expense, within
thirty (30) days of Owner's request for replacement. The terms of this section 8f shall survive
the expiration of this Agreement.
9. CONSEQUENTIAL 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.
10. 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 or General Conditions shall be declared
invalid or unenforceable,the remainder of the Agreement shall continue in full force and effect.
[SIGNATURE PAGE TO FOLLOW]
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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.
ORANGE COUNTY: CONTRACTOR:
By: By:
Bonnie Hammersley, County Manager
Printed Name and Title
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