Loading...
HomeMy WebLinkAbout2018-727-E AMS - CSR LLC PFAP freezer installationRevised 10/17 1 NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER $50,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter “Agreement”), is made and entered into this 25th day of September, 2018 by and between Orange County, North Carolina (hereinafter the "Owner") party of the first part; and CSR, LLC (hereinafter the "Contractor"), party of the second part; W I T N E S S E T H: 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: September 25, 2018 through December 26, 2018. The Project Commencement Date shall be September 25, 2018. Dollar Amount Not to Exceed: Eighteen Thousand Five Hundred Dollars ($18,500.00) 2. SERVICES Contractor agrees to provide the following construction services (the “Work”): Install 2 new walk in freezers which will be purchased by the client, Orange County. The new walk in boxes will be accessed from the bay area in the rear of the building. CSR will install two 15X20X8 walk in freezers next to each other next to the loading dock behind the building. The design temperature is -10F. The amount of cooling BTUs are based on storage of frozen foods with warm food entering the refrigerated frozen boxes, per Estimate E2018-11 Dated 7-5-2018 and Estimate E2018-12 dated 7-23-2018. 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. DocuSign Envelope ID: 82563161-0395-43B6-972A-055C2D70D933 Revised 10/17 2 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 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, without limitation, 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 resulting in property damage or personal injury, including death, or other loss 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 DocuSign Envelope ID: 82563161-0395-43B6-972A-055C2D70D933 Revised 10/17 3 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. The policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php). 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 non-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 and County may immediately terminate this Agreement without further obligation on the part of the County. This DocuSign Envelope ID: 82563161-0395-43B6-972A-055C2D70D933 Revised 10/17 4 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 identified, on the lists created by the State Treasurer pursuant to G.S. 147-86.58 and G.S. 147-86.81. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. [SIGNATURE PAGE TO FOLLOW] DocuSign Envelope ID: 82563161-0395-43B6-972A-055C2D70D933 Revised 10/17 5 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 ________________________________ County Manager CSR, LLC 200 S. Cameron St. PO Box 13377 P.O. Box 8181 RTP, NC Hillsborough, NC 27278 27709 DocuSign Envelope ID: 82563161-0395-43B6-972A-055C2D70D933 9/25/201811/8/2018 Estimate Date 7/5/2018 Estimate # E2018-11 Name / Address Piedmont Food and Ag. 500 Valley Forge Rd. Hillsborough, NC 27278 919-241-4082 CSR, LLC P.O. Box 13377 Research Triangle Park, NC 27709 Project Please call me with any questions. Thanks, Brad Total Description Qty Rate Total Thank you for the opportunity to bid on the refrigeration work to be done at Piedmont Food and Agriculture. The job is to install 2 new walk in freezers which will be purchased by the client, Orange County. The new walk in boxes will be accessed from the bay area in the rear of the building. CSR will install two 15X20X8 walk in freezers next to each other next to the loading dock behind the building. The design temperature is -10F. The amount of cooling BTUs are based on storage of frozen foods with warm food entering the refrigerated frozen boxes. Once we get started with the project, the client, Orange Co., will order the new equipment. While its being made/ shipped, the GC can get the concrete work done to the specs needed for this installation. (TBD) Then the roof work gets done to allow for the holes in the exterior wall to be cut and finished. When were ready for the equipment CSR will install the new boxes and have the electrician wire it all up. The fire people will need to get sprinkler heads installed. Then we install any alarm or sensors for the building systems. Next we start it all up and verify that everything is working properly. Then lastly we get the final inspections and turn it over for use. CSR will do the mechanical portion of the installation of the new customer supplied equipment for $15,000.00. This includes installation only of two 15X20X8 foot tall walk in freezers complete with installation of all cooling equipment. This estimate does not include purchasing of any boxes, cooling equipment, accessories, or hardware necessary for the installation. Hardware needed includes copper piping and fittings, hanging supplies, condensing unit pads, drain heaters, drain piping, wire, 15,000.0015,000.00T Page 1 DocuSign Envelope ID: 82563161-0395-43B6-972A-055C2D70D933 Estimate Date 7/5/2018 Estimate # E2018-11 Name / Address Piedmont Food and Ag. 500 Valley Forge Rd. Hillsborough, NC 27278 919-241-4082 CSR, LLC P.O. Box 13377 Research Triangle Park, NC 27709 Project Please call me with any questions. Thanks, Brad Total Description Qty Rate Total etc.. Hardware estimate is $3000.00 to $5000.00. This estimate does not include construction of building, structural, or new concrete. It also does not include electrical work to be done by licensed electrician. Most new cooling equipment comes with a 1 year parts warranty and CSR offers a 6 months labor warranty on all new installation work. The warranty periods will start on the day the equipment is released for use. This is after all inspections pass, payments are finalized, and lean waivers are signed off and turned in. CSR's draw schedule for this type job is as follows. We get the job started and contracts signed off. Next we will order all of the equipment and get a schedule for installation. Then we get our first draw of 25% of the job total. When rough in inspection passes, we collect for the second 25% payment. Then upon completion of the job we will collect 40%. Lastly when everything is done, inspections passed, we collect the last 10% and sign off on the lean waivers to release the building for use. Again thanks fro the opportunity to bid on your work. Let me know what you think and we can get started. Thanks, BC By signing here, I agree with all of the terms of this contract. Piedmont Food and Ag. authorized Signature:_________________________________________ Page 2 DocuSign Envelope ID: 82563161-0395-43B6-972A-055C2D70D933 Estimate Date 7/5/2018 Estimate # E2018-11 Name / Address Piedmont Food and Ag. 500 Valley Forge Rd. Hillsborough, NC 27278 919-241-4082 CSR, LLC P.O. Box 13377 Research Triangle Park, NC 27709 Project Please call me with any questions. Thanks, Brad Total Description Qty Rate Total CSR, LLC Authorized Signature:_________________________________________- Page 3 DocuSign Envelope ID: 82563161-0395-43B6-972A-055C2D70D933 Estimate Date 7/5/2018 Estimate # E2018-11 Name / Address Piedmont Food and Ag. 500 Valley Forge Rd. Hillsborough, NC 27278 919-241-4082 CSR, LLC P.O. Box 13377 Research Triangle Park, NC 27709 Project Please call me with any questions. Thanks, Brad Total Description Qty Rate Total 7.50%1,125.00 Page 4 $16,125.00 DocuSign Envelope ID: 82563161-0395-43B6-972A-055C2D70D933 Estimate Date 7/23/2018 Estimate # E2018-12 Name / Address Piedmont Food and Ag. 500 Valley Forge Rd. Hillsborough, NC 27278 919-241-4082 CSR, LLC P.O. Box 13377 Research Triangle Park, NC 27709 Project Please call me with any questions. Thanks, Brad Total Description Qty Rate Total Thank you for the opportunity to lay out and plan the project to be done at Piedmont Food and Ag. in Hillsborough, NC. CSR will provide the following for this project. 1. Design and layout of the project to get started. 2. Measurement and engineering specs pertaining to size and type of equipment necessary for this project. 3. Ordering and receiving the equipment to assure it is correct and free of damage prior to installation. 4. Mechanical portion of the installation of the new equipment. 5. Scheduled bi-annual or quarterly maintenance of the new equipment when its up and running. 6. Service rates for future work. 1. DESIGN AND LAYOUT: The project is to build 2 new 15ft. by 20ft. walk in freezers located off the rear of the building near the loading dock. Went through the building with Eric to see what would work best for the needs of PFA. We came up with 2 smaller boxes to make it easier to manage the fluctuating product needs. CSR recommendations: Use single phase equipment for this application. Covering the boxes with some type of roof. Recess the new concrete that the boxes will sit on to make the floor level from the loading dock into the new refrigerated boxes. 2. ENGINEERING SPECS DELIVERED: The design temperature is -10F. The amount of cooling BTUs are based on storage of frozen foods with warm food entering the refrigerated boxes. CSR will provide cooling BTU estimates to properly size the new equipment. 3. ORDER/ RECEIVE EQUIPMENT: Once the customer decides what they want to get, CSR will assist in ordering the equipment. 3,500.003,500.00T Page 1 DocuSign Envelope ID: 82563161-0395-43B6-972A-055C2D70D933 Estimate Date 7/23/2018 Estimate # E2018-12 Name / Address Piedmont Food and Ag. 500 Valley Forge Rd. Hillsborough, NC 27278 919-241-4082 CSR, LLC P.O. Box 13377 Research Triangle Park, NC 27709 Project Please call me with any questions. Thanks, Brad Total Description Qty Rate Total When it arrives, CSR will receive it and verify it is the right equipment and not damaged. 4.MECHANICAL WORK, SEE CSR ESTIMATE 2018-11 Once we get started with the project, CSR will order the new equipment. While its being made/ shipped, the GC can get the concrete work done to the specs needed for this installation. (TBD) Then the roof work gets done to allow for the holes in the exterior wall to be cut and finished. When were ready for the equipment CSR will install the new boxes and have the electrician wire it all up. The fire people will need to get sprinkler heads installed. Then we install any alarm or sensors for the building systems. 5. PREVENTATIVE SERVICE CSR offers a bi-annual preventative maintenance program. We will come out twice a year and clean the condenser coils and evaporator coils/ drains. We will verify the cooling and defrost circuits are working as they should and dial in the temperatures with a thermocouple for best accuracy. Verify proper operation. CSR will do this service for $200.00 per PM including all labor and any chemicals needed to do the PM. This PM is for maintenance of the 2 new walk in boxes. The PM does not include repairs or warranty service for the equipment or boxes. Repairs are additional. 6. CSR SERVICE RATES For future work CSR has a service rate of $65.00 per hour per mechanic with a 2 hour minimum charge for a service call, ($130.00). This is the labor rate and does not include any parts. To address any additional miscellaneous services that may be required, additional meetings with the client or regulatory agencies, or other items beyond the scope of work in Items 1-5, meetings may Page 2 DocuSign Envelope ID: 82563161-0395-43B6-972A-055C2D70D933 Estimate Date 7/23/2018 Estimate # E2018-12 Name / Address Piedmont Food and Ag. 500 Valley Forge Rd. Hillsborough, NC 27278 919-241-4082 CSR, LLC P.O. Box 13377 Research Triangle Park, NC 27709 Project Please call me with any questions. Thanks, Brad Total Description Qty Rate Total be necessary and will be charged at the hourly rate stated in item 6. ASSUMPTIONS & EXCLUSIONS: • Additional services outside this scope of services will be provided if requested by the client for a negotiated lump sum fee or at our standard hourly billing rates. CLIENT RESPONSIBILITIES: It shall be the responsibility of the Client to provide the following items: 1. Access to the site. 2. Decisions on critical design issues as necessary in a timely manner. 3. Payment of all invoices per conditions of the agreement. 4. Client/Owner to be responsible for the payment of all regulatory agency fees for plan reviews and permitting, etc. Again thanks fro the opportunity to bid on your work. Let me know what you think and we can get started. Sincerely, Brad C. Page 3 DocuSign Envelope ID: 82563161-0395-43B6-972A-055C2D70D933 Estimate Date 7/23/2018 Estimate # E2018-12 Name / Address Piedmont Food and Ag. 500 Valley Forge Rd. Hillsborough, NC 27278 919-241-4082 CSR, LLC P.O. Box 13377 Research Triangle Park, NC 27709 Project Please call me with any questions. Thanks, Brad Total Description Qty Rate Total 7.50%262.50 Page 4 $3,762.50 DocuSign Envelope ID: 82563161-0395-43B6-972A-055C2D70D933 08/10/2018 Brewer Insurance Group 1904 South Main Street Suite 212 Wake Forest NC 27587 Trish Rolling (919) 562-1974 (919) 562-7133 trish@breweriigroup.com Commercial And Scientific Refrigeration, (Csr),LLC 123 Canadian Ct Durham NC 27713-6626 Nationwide Mutual Insurance Company 23787N 2017-2018 A ACPGLO2293789609 12/15/2017 12/15/2018 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 Orange County PO Box 8181 Hillsborough NC 27278 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY DocuSign Envelope ID: 82563161-0395-43B6-972A-055C2D70D933 DocuSign Envelope ID: 82563161-0395-43B6-972A-055C2D70D933 DocuSign Envelope ID: 82563161-0395-43B6-972A-055C2D70D933