HomeMy WebLinkAbout2020-838-E AMS-Siemens Industries ionization project phase 3
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[Departmental Use Only]
TITLE Ionization-Phase 3
FY 2020/2021
NORTH CAROLINA
CONSTRUCTION AGREEMENT UNDER $250,000.00
ORANGE COUNTY
THIS CONSTRUCTION AGREEMENT (hereinafter called “Agreement”), made as of the 8th day
of December, 2020, by and between Siemens Industry, Inc., (hereinafter called the “Contractor”), and
Orange County, a political subdivision of the State of North Carolina, (hereinafter called the “County,”
“Orange County,” or “Owner”).
W I T N E S S E T H:
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 Request for Proposals, Proposal,
Construction Drawings, and Written Specifications. 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.
b. Designer Approved Bulletins and Field Orders.
c. Request for Proposals and addenda thereto.
d. Proposal.
2. SCOPE OF WORK
The Contractor shall furnish and deliver all of the materials, and perform 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 Siemens Industry if needed (Sheet dated )
b. Written specifications prepared by the project engineer.
c. Siemens Industry will provide and install coil mounted O2 Prime Needle Point BiPolar
Technology for the Southern Building Unit RTU-1, Whitted Building AHU-1A and AHU-
1B. 10 Small Heat Pump Fans mounted in the Justice Facility Building, O2 Prime Needle
Point BioPloar Technology to Clerk of Courts Unit and the Uniform Room Unit. The
owner will identify the 10 Heat Pumps before construction at the Justice Facility that will
have the Ionization installed. proposal dated December 3rd, 2020 which fully describes
the work to be performed. Such work will hereafter be called the “Work”.
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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 by February 28th, 2021.
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.
e. It is expressly understood that the Owner will employ other contractors to perform work as
a part of the Project whose work will be performed simultaneously and sequentially with
the performance of the Work by the Contractor. It shall be necessary for the Contractor to
coordinate its activities with such other contractors, particularly with respect to access to
work areas, storage of materials and other common facilities.
f. Should the Owner determine that the Contractor is behind schedule Owner may require, at
no additional cost to the Owner, the Contractor to expedite and accelerate its efforts,
including providing additional resources and working overtime, as necessary, to perform
the Work in accordance with the approved project schedule.
4. STANDARD OF CARE
a. The Contractor shall exercise reasonable care and diligence in performing the Work in
accordance with the highest 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
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 errors or omissions caused by its employees, agents,
contractors, or assigns in the performance of the Agreement. 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
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engaged shall be the sole obligation and responsibility of the Contractor.
e. If activities related to the performance of this Agreement require specific licenses,
certifications, or related credentials Contractor represents that it 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.
f. 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
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.
g. The Contractor is solely responsible for obtaining all permits necessary to complete the
Work in compliance with all local, state, and federal laws.
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 One Hundred Thousand Five Hundred Dollars.
b. Southern Building (RTU-1): $15,600.00 & OT: $720.00
c. Whitted Building (AHU-1A & 1B): $38,830.00 & OT: $1,510.00Justice Building
(Requested per Unit Pricing):
d. Small HPs w/ Fan Mounted Unit (Total of 10 HP): $2,3300.00 OT: $1800.00
e. Uniform Room Unit. (JB.THP02): $8,680.00 OT: $690.00
f. Clerk of Courts Unit (HP2-5): $8,680.00 OT: $690.00 Dollars ($100,500.00). Not later
than the fifth (5th) day of each calendar month the Contractor shall submit to the Owner’s
Representative, generally the architect if an architect is retained on the Work, 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 Orange
County, 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 Owner on or before the last business day of the month. Owner shall retain
five percent (5%).
1. 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 one
hundred percent (100%) of the Work, including punch list work, has been
satisfactorily (as determined by the County) completed and an appropriate affidavit
as required in Section 7(c) below has been received by Owner.
g. 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)
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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.
h. 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.
6. INSURANCE AND BONDS
a. Minimum 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.
b. Performance Bonds – Contractor shall furnish bonds covering the faithful performance of
the Contract and payment of all obligations arising under any of the Contract Documents
or related in any way to the Work. Contractor shall immediately furnish a copy of such
bonds to any requesting person who appears to be a potential beneficiary of bonds
covering payment obligations arising under any of the Contract Documents. This
subsection 6(b) applies only to Contracts of fifty thousand dollars ($50,000.00) or more
where the total cost for the project is three hundred thousand dollars ($300,000.00) or
more.
7. INDEMNITY
a. To the extent authorized by North Carolina law the Contractor shall indemnify, without
limitation, and hold harmless to the maximum extent permitted by law the Owner and its
agents and employees from and against any and all claims, damages, losses and expenses,
including attorney's fees, arising out of or resulting from the performance or
nonperformance of the Work, provided that any such claim, damages, loss or expense (A)
is attributable to bodily injury, sickness, disease or death or injury to, or destruction of,
property, including the loss of use resulting therefrom; and (B) is caused in whole or in
part by any breach of any provision of the Agreement or by any negligent or wrongful act
or omission of the Contractor, any Subcontractor, or supplier of the Contractor, anyone
directly or indirectly employed by any of them or anyone for whose acts any of them may
be liable. The indemnification obligation under this paragraph shall not be limited in any
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way by any limitation of the amount or type of damages, compensation or benefits payable
by or for the Contractor or any subcontractor under workers' compensation acts, disability
benefits acts or other employee benefit acts. It is the intent of this section that the
Contractor shall indemnify the County to the maximum extent allowed by law.
b. The Contractor shall indemnify and hold harmless Owner from any lien of whatever type
through the purchase of appropriate bonds and insurance as designated in Section 6 above.
In the event any such lien is filed against Owner’s property Contractor shall, through such
bonds and insurance or at Contractors expense, defend Owner against all such claims of
lien.
c. Upon completion of the Work the Contractor shall execute an affidavit stating there are no
unpaid debts for any work that has been done or materials that have been furnished to the
project prior to and as of the date of substantial completion and further stating that
Contractor shall indemnify, save and protect Owner and Owner’s lender, if any, harmless
from and against any and all claims, 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 such debts and liens. Such indemnification
shall be in a form and substance acceptable to Owner.
d. By executing this Agreement Contractor agrees to abide by and be bound by the
indemnification provisions herein and of Section 7(c) specifically.
8. DISPUTE RESOLUTION AND GOVERNING LAW
a. 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).
b. The laws of the State of North Carolina shall apply to the interpretation and enforcement of
this Agreement. Any and all suits or actions to enforce, interpret or seek damages with
respect to any provision of, or the performance or nonperformance of, this Agreement or
the Contract shall be brought in the General Court of Justice of North Carolina sitting in
Orange County, North Carolina and it is agreed by the parties that no other court shall have
jurisdiction or venue with respect to such suits or actions.
c. Notice of any claim by Owner or Contractor must be initiated by written notice to the other
Party within thirty (30) days of the occurrence of the event giving rise to the claim or
within thirty (30) days of the discovery of the event or condition giving rise to the claim,
whichever is later.
i. Should any claim be made, regardless of whether such claim is made by Owner or
Contractor, Contractor shall continue to faithfully and diligently perform the Work
in such a manner as to meet all scheduled timelines. Any failure to faithfully and
diligently perform the Work may be deemed, by the Owner, a breach of the
Contract.
ii. If a claim is made such claim shall be made to the initial decision maker, if
applicable, who may request more supporting data, reject the claim in whole or in
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part, approve the claim in whole or in part or advise the parties the claim is unable
to be resolved.
iii. If a claim is made by the Owner the Owner may, but is not obligated to, notify the
surety.
9. 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 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 or mandated
functions, by state 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. 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 Jerry Brown
Attn: Steven Arndt Siemens Industry, Inc
P.O. Box 8181 215 Southport Drive, Suite 900
Hillsborough, NC 27278 Morrisville, NC 27560
11. 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
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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 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 any code or law.
d. Should the Architect, if an architect is retained for the project involving the Work, or
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 Architect 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.
f. 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.
g. 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 list created
by the State Treasurer pursuant to G.S. 147-86.58.
h. 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 list created
by the State Treasurer pursuant to G.S. 147-86.81.
i. The County has designated (Alan Dorman) 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 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.
j. 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 paragraph is not intended to limit and does not limit the definition
of breach to discrimination.
k. 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.
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l. In the event of a breach by Contractor Owner has sole authority to determine the
reasonableness of Contractor’s actions to remedy such breach or complete the performance
of its obligations.
m. Upon request of the Owner, the Contractor shall submit to County all relevant
documentation, including but not limited to, job cost records, to support its claims for final
compensation and if such request is made final compensation shall not be due until all
relevant documentation is received, reviewed, and approved by Owner.
12. CONSEQUENTIAL AND LIQUIDATED 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.
b. Liquidated damages shall be in accord with the Contract Documents. If the Contract
Documents do not otherwise address liquidated damages, such damages shall be in the
amount of five hundred dollars ($500.00) per day.
13. TERMINATION OR SUSPENSION
a. The Owner may, without cause, order the Contractor to terminate, suspend, delay or
interrupt the Work in whole or in part for such period of time as the Owner may determine.
i. If Owner issues a written order to delay, suspend, or interrupt the Work, and such
order is not due to or as a result of any fault on the part of the Contractor or any
subcontractor, the Contractor may recover a per diem amount of five hundred
dollars ($500.00) per day with a not-to-exceed limit of ten thousand dollars
($10,000.00).
ii. In the event of termination by the Owner under this Agreement, the Contractor
shall be entitled to receive its reasonable and documented direct costs prior to
termination, including the cost of materials purchased for the Work which
purchases cannot be canceled or which material cannot reasonably be used by the
Contractor on other work, and the cost of closing down the work in a safe and
efficient manner.
iii. If Owner elects to suspend or terminate the contract pursuant to subparagraphs
13.a.i. or 13 a.ii. the sole remedy available to the Contractor are those listed in the
subparagraphs and Contractor is not entitled to any right to further claims for any
amount owed or disputed or for payment of damages alleged to have been sustained
as a result of Owner’s order to delay, suspend, or interrupt the Work.
b. The Owner may, with cause, order the Contractor to suspend, delay or interrupt the Work
in whole or in part for such period of time as the cause remains.
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i. If Owner issues a written order to delay, suspend, or interrupt the Work, and such
order is due to or as a result of any fault on the part of the Contractor or any
subcontractor, the Owner may reduce payment at a per diem amount of five
hundred dollars ($500.00) per day.
c. Contractor may terminate the Contract if, at the Owner’s written direction, the Work is
stopped for twenty one (21) consecutive days through no act or fault of the Contractor,
their agents or employees, or a subcontractor or their agents or employees or any other
person performing work pursuant to the Contract Documents. Contractor may terminate
the Contract if a Court or other Public authority having jurisdiction enters a lawful order
that requires all work to be stopped and such stoppage lasts for twenty one (21)
consecutive days.
d. Either party may terminate this Agreement upon notice to the other party that obligations
pursuant to this Agreement are made impossible due to declarations of emergency by
Orange County or by North Carolina due to events directly impacting Orange County.
Both parties shall remain responsible for all payment and performance due up to the receipt
of such notice, but shall have no further obligation or responsibility beyond that date
provided the terminating party has taken all reasonable steps to complete the performance
of its obligations.
14. 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 shall be
declared invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and
date first above written wholly or in a number of counterparts each of which shall, without proof or
accounting for other counterparts, be deemed an original contract.
ORANGE COUNTY CONTRACTOR
____________________________________ ________________________________________
Signature Signature
County Manager
________________________________________
Printed Name and Title
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ORANGE COUNTY—DEPARTMENT USE ONLY
______________________________________________________________________________
Party/Vendor Name: Siemens Industry, Inc Party/Vendor Contact Person: Joseph Latore Contact Phone: 919-324-5596
Party/Vendor Address: 215 Southport Drive, Suite 900 City Morrisville State: NC Zip: 27560 Department: AMS Amount:
$100,500.00 Purpose: Phase 3 Ionization- Justice, Whitted, Southern Buildings Budget Code(s): 10240320-630000-95020
Vendor # 53325 (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract Type: (Check one) New
Renewal Amendment Effective Date Approved by Board Yes No Agenda Date:
This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this
project has not been initiated prior to execution of the agreement:
Department Director’s Signature ________________________________________ Date: ________
Agreements for emergency services or repair are not subject to the above affirmation. If services related to this agreement have
already begun or been completed please briefly describe the nature of the emergency condition that was addressed:
Risk Management
This agreement is approved for sufficiency of insurance standards, specifications, and requirements:
Office of the Risk Management Officer___________________________________ Date: _________
Financial Services
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act:
Office of the Chief Financial Officer ____________________________________ Date: _________
Legal Services
This agreement is approved as to legal form and sufficiency:
Office of the County Attorney __________________________________________Date: ________
Clerk to the Board
Received for record retention:
All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov
The following signature block is for hard copies only and is not required for Docusign contracts:
Office of the Clerk to the Board __________________________________________Date:_________
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12/8/2020
12/8/2020
12/9/2020
12/9/2020
From:Alan Dorman
To:Katherine Hamlett
Cc:Steven Arndt; Allison Cooper; Paul Sorrell; Eddie Hutter; Ronald Salmon
Subject:Siemens Contract:
Date:Tuesday, December 8, 2020 8:12:28 AM
Attachments:Proposal OC Phase 3 Ionization - Southern Whitted and Justice Buildings.pdf
Importance:High
Kate,
Route the following contract using the contract services covid account, a construction contract
template, with a complete date Feb 28h. The total cost for the contract will be $100,500(includes
overtime costs) and include the following components:
Indicate in the contract that the owner will identify before construction begins which 10 of the small
HPs at the Justice Center will have ionization installed.
Building Breakout Pricing
Southern Building (RTU-1): $15,600.00 & OT Add Pricing: $720.00
Whitted Building (AHU-1A & 1B): $38,830.00 & OT Add Pricing: $1,510.00
Justice Building (Requested per Unit Pricing):
Small HPs w/ Fan Mounted Unit (Total of 10 HP): $2,330.00/HP OT Add Pricing: $180.00/unit
Uniform Room Unit. (JB.THP02): $8,680.00 OT Add Pricing: $690.00
Clerk of Courts Unit (HP2-5): $8,680.00 OT Add Pricing: $690.00
Thanks,
Alan Dorman
Assistant Director, Asset Management Services
Orange County
Mobile: 919-619-8859
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PROPOSAL
OC Phase 3 Ionization - Southern, Whitted, and Justice Buildings
PREPARED BY
Siemens Industry, Inc.
PREPARED FOR
COUNTY OF ORANGE
DELIVERED ON
December 03, 2020
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Table of Contents
SIEMENS PROPOSAL .......................................................................................................3
Contact Information ..............................................................................................3
Executive Summary ...............................................................................................4
Scope of Work .......................................................................................................6
Sell Price ................................................................................................................8
Proposed Solution..................................................................................................9
Payment Terms ....................................................................................................10
Terms and Conditions ...................................................................................................11
Terms & Conditions Link(s)..................................................................................11
Signature Page .............................................................................................................12
Signature Page ....................................................................................................12
Page 2 of 12
DocuSign Envelope ID: CC55499E-235C-4913-964B-2D4FBDF0D5A1
Proposal #:5431680
Date:December 03, 2020
Contact Information
Sales Executive:Joe Latore
Branch Address:
215 Southport Drive
Suite 900
North Carolina,27560
Telephone:984-292-7638
Email Address:joseph.latore@siemens.com
Customer Contact:Orange County Facilities Team
Customer:COUNTY OF ORANGE
Address:600 NC HIGHWAY 86 N
HILLSBOROUGH NC 27278
Services shall be provided at:Orange County Southern, Whitted, and Justice Buildings
Page 3 of 12
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Executive Summary
Siemens Industry, Inc. is proud to present this proposal for an Ionization solution at the Orange County
Southern, Whitted, and Justice Buildings. This will proposal will cover the remaining larger units at
these facilities.
The Ionization technology,O2 Prime,we are proposing for this project uses Needlepoint Bi-Polar
Ionization (NBPI)distributed by SMP (Sustainability Management Partners .This patented technology
creates positive &negative ions delivered via the existing building HVAC system.O2 is UL 867 and UL
2998 certified to be 100%Ozone-free.Ozone has been linked to health issues and other ionization solutions
have been documented to produce Ozone in the production of ions.
The ions generated cause hydrogen and oxygen to combine forming hydroxyls (HO). When these
powerful molecules encounter pathogens, they can remove the hydrogen from these pathogens and
render them inert in the air stream and on surfaces. When properly installed and maintained NPBI
technology can safely clean the air inside commercial and residential buildings by producing an
electronic charge in the air stream filled with a high concentration of (+) positive and (-) negative ions.
The ions produced travel within the air delivery systems into the occupied spaces, cleaning the air.
The byproduct of this chemical reaction is simple water vapor.This reaction has been lab tested by
the manufacturer against several viruses and bacteria commonly found in buildings.Manufacturers lab
tests are available upon request.
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Another way in which ionization works to mitigate the risk of VOCs is the way the positive and negative ions
combine with these gaseous contaminants. Ionization can be used to treat air that has a high level of VOCs.
Finally, another important way in which ionization treats particles in the air is agglomeration. Through this
process the positive and negative ions are attracted to particles and these positive and negative ions attract
fine particles to each. This causes fine particles to be enlarged making it harder for them to stay suspended in
the air. When ionization is installed upstream of air filters, it allows them to capture these agglomerated
particles that might have otherwise passed through the filter.
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DocuSign Envelope ID: CC55499E-235C-4913-964B-2D4FBDF0D5A1
Scope of Work
Siemens will provide the following:
General Project Scope:
- Provide Project management and technical labor for coordination, material sizing and procurement,
programming and graphics as needed, testing and check-out
- Provide before and after particle count readings on each floor and outside
- Engineered As-Built panel lay-out drawings
- One year warranty on material and labor.
Southern Building
1.Provide and install coil mounted O2 Prime Needle Point Bipolar Technology for the Southern Building Unit
RTU-1.There is no Siemens controls infrastructure currently in this building, so monitoring is not available.
An option for adding Siemens controls can be provided upon request.
Whitted Building
2.Provide and install coil mounted O2 Prime Needle Point Bipolar Technology for the Whitted Building
AHU-1A. Tie-in dry contact from unit to Siemens system to monitor operational readiness of unit. Provide
expansion module as needed.
3.Provide and install coil mounted O2 Prime Needle Point Bipolar Technology for the Whitted Building
AHU-1B. Tie-in dry contact from unit to Siemens system to monitor operational readiness of unit. Provide
expansion module as needed.
Justice Building
4. Provide and install fan mounted O2 Prime Needle Point Bipolar Technology for (27) Heat Pumps in the
Justice Building Complex (Sherriff's Office: HPO-7, HPO-8, HPO-9, HPO-10, HPO-11, HPO-12; Clerk of Courts:
HP1-6, HP1-7, HP1-8, HP1-9, HP1-10, HP1-11, HP2-3, HP2-4, HP2-6, HP2-8; Record 1st Floor: HP0-11; Hearing
Room 1st Floor: HP1-1, HP1-2; Criminal Justice Department Ground Floor: HP-03, HP-04, HP-05, HP-06;
Judges Chamber 2nd Floor Attic: HP2-1, HP2-2; Jury Delegation: HP2-10; South Offices: HP1-5) If units are
controlled through the Siemens system, tie-in dry contact from unit to monitor operational readiness of unit.
Provide expansion modules as needed.
5.Provide and install coil mounted O2 Prime Needle Point Bipolar Technology for the Uniform Room Unit.
(JB.THP02).Tie-in dry contact from unit to Siemens system to monitor operational readiness of unit. Provide
expansion module as needed.
6. Provide and install coil mounted O2 Prime Needle Point Bipolar Technology for the Clerk of Courts Unit
(HP2-5). Tie-in dry contact from unit to Siemens system to monitor operational readiness of unit. Provide
expansion module as needed.
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Exclusions & Clarifications
1. All work conducted during normal working hours, from 8am to 5pm Monday through Friday. We will have
to temporarily shut down AHU operation for safe installation. If Orange County prefers to perform the work
after normal working hours, an option for Afterhours/Weekend work is provided.
2. All power will be pulled from local power source.
3.Due to COVID-19 impacts, to this work is subject to potential labor and material delays which are out of
our control.
4.Pricing subject to change after 30 days.
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Sell Price
Total Quote Price $134,700.00
Add Option - Siemens will provide this work afterhours/weekend to minimize downtime of the HVAC.
Overtime Add Option Pricing:$8,470.00
Building Breakout Pricing
Southern Building (RTU-1):$15,600.00 &OT Add Pricing: $720.00
Whitted Building (AHU-1A & 1B):$38,830.00 & OT Add Pricing: $1,510.00
Justice Building (Requested per Unit Pricing):
Small HPs w/ Fan Mounted Unit (Total of 27 HP): $2,330.00/HP OT Add Pricing: $180.00/unit
Uniform Room Unit. (JB.THP02): $8,680.00 OT Add Pricing: $690.00
Clerk of Courts Unit (HP2-5): $8,680.00 OT Add Pricing: $690.00
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Proposed Solution
Below are 2 examples of a typical O2 Prime installation based on the unit design and air volume.
O2 Prime Units for Coil Mounted installations
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Payment Terms
Payment Terms Acceptance Agreement
The total price of:$134,700.00 and the estimated return on investment are based on the items outlined in
this proposal.ANY statements made herein regarding savings that may be achieved by implementing the
services offered in this proposal are estimates only. No warranty, either expressed or implied, shall be
construed to arise from such statements, nor shall such statements be construed as constituting a guarantee
by Siemens that such savings will occur if the services are implemented.
Terms and Conditions Disclaimer
The Customer acknowledges that when approved by the Customer and accepted by Siemens Industry, Inc.:
(i) the Proposal and the Contract Terms and Conditions, (together with any other documents incorporated
into the forgoing) shall constitute the entire agreement of the parties with respect to its subject matter
(collectively, hereinafter referred to as the "Agreement") and (ii) in the event of any conflict between the
terms and conditions of the Proposal and the terms and conditions of The Contract Terms and Conditions, the
Contract Terms and Conditions shall control.
BY EXECUTION HEREOF, THE SIGNER CERTIFIES THAT (S)HE HAS READ ALL OF THE TERMS AND CONDITIONS
AND DOCUMENTS, THAT SIEMENS OR ITS REPRESENTATIVES HAVE MADE NO AGREEMENTS OR
REPRESENTATIONS EXCEPT AS SET FORTH THEREIN, AND THAT (S)HE IS DULY AUTHORIZED TO EXECUTE THE
SIGNATURE PAGE ON BEHALF OF THE CUSTOMER.
This Proposal is based on the Siemens Industry, Inc. Standard Terms and Conditions and the "Scope of Work"
and are to be considered part of this proposal. Proposal is valid for thirty (30) days from the delivery date of
December 03, 2020. Payment is due within 30 days of invoice date.
Payment Terms: 25% mobilization in advance, progress payments
Total:$134,700.00
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Terms & Conditions Link(s)
Terms and Conditions (Click to download)
Terms & Conditions (Projects)
(http://go.siemens.net/15156302)
Terms & Conditions (Products Only)
(http://go.siemens.net/15492770)
As a result of the global Covid-19 Virus outbreak, temporary delays in delivery, labor or services from Siemens
and its sub-suppliers or subcontractors may occur. Among other factors, Siemens' delivery is subject to the
correct and punctual supply from sub-suppliers or subcontractors, and Siemens reserves the right to make
partial deliveries or modify its labor or services. While Siemens shall make every commercially reasonable
effort to meet the delivery or service or completion date mentioned above, such date is subject to change.
Attachment A
Riders (Click on rider below to download)
SI Monitoring Rider
(www.siemens.com/download?A6V10946171)
SI Online Backup and Data Protection
(www.siemens.com/download?A6V10946174)
SI UBM or Utility Procurement
(www.siemens.com/download?A6V10946178)
SI Software License Warranty
(www.siemens.com/download?A6V10946180)
SI Consulting Rider
(www.siemens.com/download?A6V10946838)
SI Third Party Rider (Smart Air Quality™)
(http://go.siemens.net/37893169)
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Signature Page
Proposed by:Accepted by:
Siemens Industry, Inc.
______________________________________
Company
COUNTY OF ORANGE
_____________________________________
Company
Joe Latore
______________________________________
Name
_____________________________________
Name (Printed)
5431680
______________________________________
Proposal #
_____________________________________
Signature
$134,700.00
______________________________________
Proposal Amount
_____________________________________
Title
December 03, 2020
______________________________________
Date
_____________________________________
Date
_____________________________________
Purchase Order #
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DocuSign Envelope ID: CC55499E-235C-4913-964B-2D4FBDF0D5A1