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Home My WebLink About2019-703-E AMS - Warren Hay Contract Boiler Replacement Southern Human Services 15868 DSF DocuSign Envelope ID:7BOB2B82-F1AO-422B-8780-5A55AE1F554A NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$50,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this 30th day of September, 2019 by and between Orange County, North Carolina (hereinafter the "County" and/or "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: September 30th, 2019 through November 21", 2019. The Project Commencement Date shall be September 301h, 2019. Dollar Amount Not to Exceed: Fifteen Thousand Eight Hundred Sixty Eight Dollars ($15,868.00) 2. SERVICES Contractor agrees to provide the following construction services (the "Work"): Provide & install section #4 replacement for existing Peerless boiler Model #LC-08-W/S, Serial number LC-010725-0197 Orange County Asset Number BLRGHW.23.00. Work is to be performed at Southern Human Services located at 2501 Homestead Road, Chapel Hill,NC 27516 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. Contractor is solely responsible for obtaining all permits necessary to complete the Work in compliance with local, state, and/or federal law. The Contractor is responsible for all physical damage to owned or rented machinery, tools, equipment, forms, and other items owned, rented or used by the Contractor and/or Subcontractor(s) in the performance of the Work including all of Owner's property in Contractor's care, custody, or control, and all such property while it is in transit. 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 12/18 1 DocuSign Envelope ID:7BOB2B82-F1AO-422B-8780-5A55AE1F554A 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.oran eg countync. og v/departments/purchasing_division/contracts.phg). 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. Revised 12/18 2 DocuSign Envelope ID:7BOB2B82-F1AO-422B-8780-5A55AE1F554A 8. NON-ASSIGNMENT AND OWNER'S REPRESENTATIVE 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. The County has designated(Angel Barnes)to act as the County's representative with respect to the Work and shall have the authority to render decisions within guidelines established by the County Manager and/or the County Board of Commissioners and shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. 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.oran ec�ountync. o�partments/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 Revised 12/18 3 DocuSign Envelope ID:7BOB2B82-F1AO-422B-8780-5A55AE1F554A 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.oran e�tync. o�partments/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 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 I IA and Article 40 of North Carolina General Statute Chapter 66. 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 10/2/2019 By > , WAQA, 10/1/2019 County Manager Ron LaPann, Project Manager 200 S. Cameron St. Warren Hay Mechanical Contractors Inc. P.O. Box 8181 PO Box 818 Hillsborough,NC 27278 Hillsborough,NC 27278 Revised 12/18 4 DocuSign Envelope ID:7BOB2B82-F1AO-422B-8780-5A55AE1F554A WARREN - HAY Mechanical Contractors Inc. Heating and Air Conditioning P.O.Box 818•Hillsborough,NC 27278 919-732-4362 NC License number 07211 H-1;H-2;H3 September 4,2019 Orange County Public Works Re: Southern Human Services—Boiler Repair PROPOSAL We hereby submit specifications and estimates for: • Provide&install section#4 replacement for existing Peerless boiler Model#LC-08-W/S, Serial number LC-010725-0197 Orange County Asset Number BLRGHW.23.00. We propose hereby to furnish material and labor: $15,868.00 Alternate Option (s) 1. Replace existing Peerless sectional boiler with new Smith Sectional boiler. Reconnecting to existing power wiring,piping,venting and controls. $48,600.00 2. Replace existing Peerless sectional boiler with new Lochnivar non-condensing boiler reconnecting to existing power wiring,controls,and modify venting. $41,784.00 Payment to be made upon completion. Acceptance: Date: Amt approved: Exclusions/Clarifications: • If repair option(Base bid)is selected note that the existing boiler has to be torn down and reassembled, we cannot be responsible for damage or breakage to other sections during this process.If another section is damaged during tear down the cost and lead time to replace will be above quoted amount above. • After hour,overtime premium labor,expedited shipment • Lead time 3-4 weeks on replacement section from factory. (Base bid) • Lead time on sectional boiler Option#1(4-5 weeks). • Lead time on Option#2(2-3 weeks). Respectfully submitted by: Ron LaPann Commercial Division ron.lapann(a)warren-hay.com Quote valid for 20 days. DocuSign Envelope ID:7BOB2B82-F1AO-422B-8780-5A55AE1F554A c DATE I MMfDDIYYYYI ACaR10 CERTIFICATE OF LIABILITY INSURANCE 1 212 81201 8 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 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). PRODUCER CONTACT Crystal Ireland NAME: ry Business Insurers of Carolinas PHCNE {91%968-4611 FAX (919)968-8991 AIC No Ext: AIC Nd 800 Eastowne Drive,Suite 208 AooREsS: cireland®business-insurers.com PO Box 2536 INS URER{SI AFFORDING COVERAGE NAIC 0 Chapel Hill NC 27515-2536 INSURER A: Acadia Insurance Company 31325 INSURED INSURER B: Bridgeffeld Casualty 10335 Warren-Hay Mechanical Contractors Inc INSURER C: Sheet Metal Duct Suppliers LLC INSURER D: PO Box 818 INSURER E: Hillsborough NO 27278 INSURER F: COVERAGES CERTIFICATE NUMBER: CL1 81 22824 327 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEO 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 ARID CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDWYYYY MMICOIYYYY LIMITS x COMMERCIAL GENERAL LIABILITY 1,000.000 EACH OCCURRENCE S CLAIMS-MADE �OCCUR PREMISES Ea occurrence S 100,000 MED EXP(Any one person) S 10.000 A CPA4429328 12/31/2018 12J3112019 PERSONAL&AUV INJURY s 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000.000 �JC POLICY Eg JE a LOC PRODUCTS-COMP/OP AGG S 2,000,000 OTHER: $ I L AUTOMOBILE LIAB B NED N E LIMITILITY Ea accident) $ 1,000,000 x ANY AUTO BODILY INJURY(Per person) S A OWNED SCHEDULED CPA4429328 12J3112018 12/31/2019 BODILY INJURY IPeracddent) S AUTOS ONLY AUTOS x HIRED IX NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Par aaideM Endorsements $ X UMBRELLA LIAS OOCUR EACH OCCURRENCE s 3,000,0DD A EXCESS LIAS CLAIMS-MADE CPA4429328 12/31/2018 12131/2019 AGGREGATE s 3,000,000 OED I I RETENTIONS I $ WORKERS COMPENSATION x PER .x OTH- AND EMPLOYERS'LIABILITY STATUTE ER YIN 500.000 B ANY CERIMEETORIPARTN0EDXECUTIVE NIA 0198-40173 12/3112018 12131J2019 E.L EACH ACCIDENT S OFF ICERIMEMBER ExGLUOEO? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE s 500.000 It yes,describe under 500.000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ LeasedlRented Equipment LIMIT $50,000 A Installation Floater CPA4429328 12/31/2018 12131/2019 LIMIT $500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IACCRD 101,Additional Remarks Schedule,may be attached If more space is requ Ire dl CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Orange County ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 8181 AUTHORIZED REPRESENTATIVE Hillsborough NC 27276 49 �c7 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD