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HomeMy WebLinkAbout2025-034-E-AMS-Siemens Industry-Northern Campus – Labor and Support for UpgradesRevised 01/24 NORTH CAROLINA CONTRACT AMENDMENT ORANGE COUNTY THIS CONTRACT AMENDMENT (“Amendment”) is made and entered into this 25th day of January 2025 by and between ORANGE COUNTY (hereinafter referred to as “County”) and Siemens Industry, Inc. (hereinafter referred to as “Provider”). WITNESSETH: THAT WHEREAS, the County and Provider entered into a contract dated September 8, 2023 (hereinafter the “Original Agreement”) for the provision of services for Fire Alarm Programming and WHEREAS, the County and Provider desire to amend the Original Agreement while keeping in effect all terms and conditions of the Original Agreement not inconsistent with the terms and conditions set forth below. NOW THEREFORE, for and in consideration of the mutual covenants and agreements made herein, the parties agree to amend the Original Agreement as follows: 1. In order to ensure the completion of the Services identified in the term of the Original Agreement is amended to reflect an end date by which all Services shall be completed of 04/30/2025. 2. Article 3, Section ‘a’ to the Original Agreement is amended by adding the following tasks and services to the Services to be provided by the Consultant: Fire Alarm Document Boxes and Additional support for the Northern Campus Fire Alarm Upgrades. 3. Article 5, Section ‘a’ is amended to reflect a maximum payable not-to-exceed amount of Sixty-Five Thousand One Hundred Eighty-Three Dollars and Thirty-Seven Cents ($65,183.37). 4. Except for the changes made herein, the Original Agreement shall remain in full force and effect to the extent it is not inconsistent with this Amendment. In the event there is a conflict between the terms of the Original Agreement and the terms of this Amendment, this Amendment shall control. IN TESTIMONY WHEREOF, this Amendment has been executed by the parties hereto, as of the date first above written. ORANGE COUNTY PROVIDER ______________________________ __________________________________ Brian Evans, General Branch Manager County Manager Siemens Industry, Inc Docusign Envelope ID: E5722F19-0623-424C-AAE1-2D7195F6768E 1/22/20251/27/2025 Revised 01/24 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: Siemens Industry, Inc Vendor Contact Person: Nelson Ciuffardi (nelson.ciuffardi@siemens.com) Phone: 919.469.5095 Address: 215 Southport Drive, Ste 900 City Morrisville State: NC Zip: 27560 Department: AMS Amount: $15,779.37 Purpose: Northern Campus – Labor and Support for Upgrades Budget Code(s): 61370035-800000-11006 Vendor # 53325 Vendor Status with NCSOS: Current-Active Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: 09/08/2023) (Most Recent Amendment 12/16/2024) Effective Date 01/25/2025 End Date 04/30/2025 Notice Date (Notice Purpose ) Award Approved by Board (Agenda Date: ); Made or Administered by AMS Signature Authority - BOCC Express Delegation (Agenda Date: ) - Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000 - Budget Policy Section XV (Capital Improvement Project: 11006) Bidding Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# ) Department Affirmation 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. This agreement is approved as to technical form and content. Services related to this agreement have already begun or been completed. Description of the nature of the emergency condition that was addressed: Department Director’s Signature ________________________________________ Date: ________ Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Inapplicable because no hardware/software purchases or related services 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 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: Received for record retention: Office of the Clerk to the Board __________________________________________Date:_________ Docusign Envelope ID: E5722F19-0623-424C-AAE1-2D7195F6768E 1/22/2025 1/26/2025 1/27/2025 1/27/2025 Revised 01/24 Docusign Envelope ID: E5722F19-0623-424C-AAE1-2D7195F6768E PROPOSAL PCO - Park OPS Base 44OP-3657 PREPARED BY Siemens Industry, Inc. ("Siemens") PREPARED FOR ORANGE COUNTY DELIVERED ON December 06, 2024 Docusign Envelope ID: E5722F19-0623-424C-AAE1-2D7195F6768E Table of Contents SIEMENS PROPOSAL .......................................................................................................3 Scope of Work .......................................................................................................3 Contact Information ..............................................................................................3 Conditions of Request ............................................................................................4 Inclusions ..............................................................................................................5 Exclusions .............................................................................................................5 Sell Price ................................................................................................................6 Payment Terms ......................................................................................................7 Terms and Conditions .....................................................................................................8 Terms & Conditions Link(s)....................................................................................8 Signature Page ...............................................................................................................9 Signature Page ......................................................................................................9 Page 2 of 9 Docusign Envelope ID: E5722F19-0623-424C-AAE1-2D7195F6768E Proposal #:9389723 Date:December 06, 2024 Scope of Work List to be completed: Install two (2) Siemens Branded Fire Alarm Document Box List of what was completed: 1.Additional Specialist and Project Management. 2.Install one (1) Fire Alarm Ethernet Module switch Contact Information Sales Executive:Nelson Ciuffardi Branch Address:215 Southport Dr. Suite 900 Morrisville, NC,27560 Telephone:984.389.5833 Email Address:nelson.ciuffardi@siemens.com Customer Contact:Angel Barnes Customer:ORANGE COUNTY Address:600 NC HIGHWAY 86 N HILLSBOROUGH NC 27278-8225 Services shall be provided at:Orange County Park Ops Base Page 3 of 9 Docusign Envelope ID: E5722F19-0623-424C-AAE1-2D7195F6768E Conditions of Request We transmit herewith the above-referenced price request for Change Order 1 to the contract between Siemens Industry, Inc. ("Siemens") and ORANGE COUNTY dated Base Contract Date: 9/18/2023 for the Base Contract Name:Siemens Industry Northern Campus FA Adjustments 49494.This price request is based on information received from your company and is subject to the following conditions: 1.No change in contract price. 2.X Change of $$15,779.37 in contract price. 3.days of extension of contract. Retention shall be extended only on value of price request. 4.We are not proceeding until we received a change order. 5.Work is proceeding as authorized. 6.Please forward a cost event & change order to this office since the work has been completed. This proposal covers the present ascertainable direct costs at this time.It does not include any extra costs associated with the impact of this Change Order on the project schedule, labor productivity or their factors affecting the cost of performance.Siemens reserves the right to amend this proposal if and when such impact costs become reasonably determinable.The Description of Changes is attached hereto and made apart hereof.The Agreement is incorporated by reference, modified only to the extent modified herein. Page 4 of 9 Docusign Envelope ID: E5722F19-0623-424C-AAE1-2D7195F6768E Inclusions 1.Downtime 2.Troubleshooting 3.One (1) Fire Alarm Fiber Ethernet Switch 4.Two (2) Siemens Branded Fire Alarm Document Box 5.Programming 6.Installation 7.Final wiring terminations to the control panel 8.Testing 9.Project Management for Siemens Scope of work 10.One (1) year warranty Exclusions 1.The proposal excludes all applicable taxes. Sales tax will not be included on the invoice unless Siemens receives a completed NCDOR E589CI (North Carolina Affidavit of Capital Expenditures).We have included an NCDOR E589CI form with this proposal for your convenience. Page 5 of 9 Docusign Envelope ID: E5722F19-0623-424C-AAE1-2D7195F6768E Sell Price Total Quote Price $15,779.37 This price is firm for 30 days from the date of this proposal. Page 6 of 9 Docusign Envelope ID: E5722F19-0623-424C-AAE1-2D7195F6768E Payment Terms Payment Terms Acceptance Agreement The total price of:$15,779.37 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. The Buyer acknowledges that when accepted by the Buyer as proposed by Siemens Industry, Inc., this Proposal and the Siemens RAM Projects Business Standard 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.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 BUYER. Proposal is valid for thirty (30) days from the delivery date of December 06, 2024. Payment is due within 30 days of invoice date. Payment Terms: 25% mobilization in advance, progress payments Total:$15,779.37 Siemens Industry, Inc. invoices paid by credit card may be subject to a surcharge of up to 2%. Page 7 of 9 Docusign Envelope ID: E5722F19-0623-424C-AAE1-2D7195F6768E Terms & Conditions Link(s) Terms and Conditions (Click to download) Terms & Conditions (Unrestricted) (www.siemens.com/standard-terms-project-unrestricted) Price Escalation.If, during the term of this Contract, the price of various materials or labor or logistics are increased as reflected by CRU/IHS Markit/CMAI/COMEX market index, then Siemens may increase the Contract Sum or apply a surcharge to Customer accordingly. 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. To the extent applicable, the following Addendum(s) are incorporated and made part of the Siemens Standard Terms and Conditions: Click on addendum below to read/download Fire Life Safety (www.siemens.com/fls-addendum) Mass Notification (www.siemens.com/mass-notification-addendum) Monitoring (www.siemens.com/monitoring-addendum) Software License Warranty (www.siemens.com/software-license-addendum) Consulting (www.siemens.com/rider-consulting) Page 8 of 9 Docusign Envelope ID: E5722F19-0623-424C-AAE1-2D7195F6768E Signature Page Proposed by:Accepted by: Siemens Industry, Inc. ______________________________________ Company ORANGE COUNTY _____________________________________ Company Nelson Ciuffardi ______________________________________ Name _____________________________________ Name (Printed) 9389723 ______________________________________ Proposal # _____________________________________ Signature $15,779.37 ______________________________________ Proposal Amount _____________________________________ Title December 06, 2024 ______________________________________ Date _____________________________________ Date _____________________________________ Purchase Order #⬜PO for billing/pmnt only ⬜PO not required Page 9 of 9 Docusign Envelope ID: E5722F19-0623-424C-AAE1-2D7195F6768E 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) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY B 10/01/2024 N/A 4433 of Marsh USA LLC X RENTA C N/A 10,000,000 UB-8P79233A-24-51-R (AZ,MA,WI) 41343 A 10/01/2025 X Travelers Casualty & Surety Company CN102147003-RAM--24/25 1,000,000 25674 ... NYC-009196547-33 10/01/2024 X INCL 10/16/2024 10/01/2025 '''''''''''$500K LIMIT / $500K SIR''''''''''' 10 N/A 10/01/2025 NOC60 1,000,000 X 1,000,000 1,000,000 B 10/01/2025 10/01/2024 19038 TC2J-CAP-7440L34A-TIL-24 100,000 10/01/2024 UB-8P83929A-24-51-K (AOS) TWXJUB-7440L338-TIL-24 (OH) X 1,000,000 SEE ATTACHED RE: JOB NO. N/A 1000 DEERFIELD PARKWAY SIEMENS INDUSTRY, INC. BUFFALO GROVE, IL 60089-4513 1,000,000 HDI Global Insurance Company X 445 SOUTH STREET MARSH USA, LLC. MORRISTOWN, NJ 07960-6454 GLD1110116 Travelers Property Casualty Co. of America N PO BOX 8181 HILLSBOROUGH, NC 27278 ORANGE COUNTY ATTN: RISK MANAGEMENT 10/01/2024 B 2,000,000 X X 10/01/2025 Docusign Envelope ID: E5722F19-0623-424C-AAE1-2D7195F6768E ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: MARSH USA, LLC. �� EXTENT THAT A CLAIM ARISES FROM THE NEGLIGENCE OF SIEMENS INDUSTRY, INC. OR ITS SUBCONTRACTORS WITH RESPECT TO ALL OPERATIONS OF THE CONTRIBUTORY INSURANCE TO THE�� ORANGE COUNTY, ITS OFFICERS, OFFICIAL AGENTS AND EMPLOYEES ARE INCLUDED AS ADDITIONAL INSURED UNDER THE ABOVE REFERENCED GENERAL �� LIABILITY INSURANCE POLICIES AND THE COVERAGE AFFORDED THE ADDITIONAL INSURED UNDER THESE POLICIES SHALL BE PRIMARY AND NON- LIABILITY AND AUTOMOBILE�� �� �� �� �� �� �� �� WAIVER OF SUBROGATION IS EFFECTUAL WHERE REQUIRED BY WRITTEN CONTRACT. �� �� INSURED BUT ONLY WITH�� �� �� �� �� �� �� 2 Morristown Certificate of Liability Insurance �� �� �� �� IF THESE POLICIES ARE CANCELLED FOR ANY REASON OTHER THAN NON-PAYMENT OF PREMIUM, THE INSURER WILL DELIVER NOTICE OF CANCELLATION TO �� �� �� �� �� �� �� RESPECT TO ALL WORK PERFORMED BY AND ON BEHALF OF THE NAMED INSURED, SIEMENS INDUSTRY, INC. FOR CERTIFICATE HOLDER UNDER CONTRACT. �� THE CERTIFICATE HOLDER UP�� �� �� �� �� 25 �� RE: JOB NO. N/A�� �� �� UMBRELLA IS FOLLOW FORM OF PRIMARY SUBJECT TO POLICY TERMS, CONDITIONS AND EXCLUSIONS. �� �� 1000 DEERFIELD PARKWAY��SIEMENS INDUSTRY, INC.�� �� BUFFALO GROVE,IL 60089-4513�� �� TO 60 DAYS PRIOR TO THE CANCELLATION OR AS REQUIRED BY WRITTEN CONTRACT, WHICHEVER IS LESS. �� �� 2 CN102147003 �� �� �� �� Docusign Envelope ID: E5722F19-0623-424C-AAE1-2D7195F6768E