HomeMy WebLinkAboutAgenda - 03-06-2025; 8-h - Sportsplex Indoor Swimming Pool HVAC Unit Replacement Contract Award and Approval of Budget Amendment #6-A 1
ORD-2025-007
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 6, 2025
Action Agenda
Item No. 8-h
SUBJECT: Sportsplex Indoor Swimming Pool HVAC Unit Replacement Contract Award and
Approval of Budget Amendment #6-A
DEPARTMENT: Asset Management Services,
Finance and Administrative
Services
ATTACHMENT(S): INFORMATION CONTACT:
1. Construction Contract Angel Barnes, 919.245.2628
2. Bid Proposal Dated 01/09/2025 Jovana Amaro, 919.245.2651
Alan Dorman, 919.245.2658
Kirk Vaughn, 919.245.2153
PURPOSE: To:
1) Approve the County entering into a construction contract with Comfort Systems, USA, for
the replacement of a Sportsplex Indoor Pool Heating, Ventilation and Air Conditioning
(HVAC) unit;
2) Authorize the County Manager to execute the Agreement, subject to final review by the
County Attorney, and any subsequent amendments for contingent and unforeseen
requirements up to the approved budget amount on behalf of the Board; and
3) Approve Budget Amendment #6-A to provide for the total cost of the project.
BACKGROUND: The Triangle Sportsplex was built in 1995, and included the indoor swimming
pools. The design and construction also included two Heating, Ventilation, and Air Conditioning
(HVAC) Units. The current HVAC units are nearing the end of their useful life. The swimming pool
area cannot operate effectively without both units functioning to ensure proper outdoor air
exchange and maintain appropriate humidity levels within the pool building. One of the HVAC
units underwent significant repairs to extend its lifespan by another four (4) years. However, the
other unit can no longer be repaired due to obsolete parts and high maintenance costs.
The recommended solution is to replace one (1) unit now and consider funding in the upcoming
Capital Investment Plan (CIP) to replace the second unit in a future fiscal year.
In December 2024, Orange County published an Advertisement for Bids, and on January 9, 2025,
the County received three (3) sealed bids from Mechanical Contractors.
The construction contract cost to complete the work as designed for the HVAC unit replacement
is $614,000 and is proposed for award to Comfort Systems, USA.
2
FINANCIAL IMPACT: The FY 2022-23 CIP included funding of $320,000 for a large capacity
aquatics HVAC system. That amount plus $239,098 in additional prior funding brings total funds
available to $559,098. Based on the bid pricing, the total project cost is $614,000, requiring an
additional $54,902 of additional debt financing to fully fund the project.
Budget Amendment #6-A appropriates $54,902 in debt financing and increases the following
Sportsplex Pool Project Ordinance in the Sportsplex Renewal & Replacement Capital Fund by
$54,902:
Sportsplex Pool ($54,902) - Project# 36006
Revenues for this project:
Current FY 2024-25 FY 2024-25
FY 2024-25 Amendment Revised
Alternative Financing $560,000 $54,902 $614,902
Total Project Funding $560,000 $54,902 $614,902
Appropriated for this project:
Current FY 2024-25 FY 2024-25
FY 2024-25 Amendment Revised
Capital Project Expenditures $560,000 $54,902 $614,902
Total Costs $560,000 $54,902 $614,902
ALIGNMENT WITH STRATEGIC PLAN: This item supports:
• GOAL 1: ENVIRONMENTAL PROTECTION AND CLIMATE ACTION
OBJECTIVE 2. Invest in our infrastructure to reduce the environmental impact of the
County fleet/facilities and improve safety.
• GOAL 2. HEALTHY COMMUNITY
OBJECTIVE 7. Invest in services and programs that improve the health and quality of life
of the community (e.g., recreation and public open spaces, arts, etc.)
RECOMMENDATION(S): The Manager recommends that the Board:
1) Approve the County entering into a construction contract with Comfort Systems, USA, for
the replacement of the Sportsplex Indoor Pool Heating, Ventilation and Air Conditioning
(HVAC) unit;
2) Authorize the County Manager to execute the Agreement, subject to final review by the
County Attorney, and any subsequent amendments for contingent and unforeseen
requirements up to the approved budget amount on behalf of the Board; and
3) Approve Budget Amendment #6-A.
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[Departmental Use Only]
TITLE Splex HVAC Pool
FY 2024-2025
NORTH CAROLINA
CONSTRUCTION AGREEMENT OVER$250,000.00
ORANGE COUNTY
THIS CONSTRUCTION AGREEMENT (hereinafter called "Agreement"), made as of the 7th day of
March, 2025, by and between Comfort Systems USA (MidAtlantic) LLC, (hereinafter called the
"Contractor"), and Orange County, a political subdivision of the State of North Carolina, (hereinafter called
the "County," "Orange County,"or"Owner").
WITNESSETH:
That the Contractor and the Owner, for the consideration herein named, agree as follows:
1. CONTRACT DOCUMENTS; PRIORITY
The Contract Documents consist of this Agreement, the General Conditions which are fully
incorporated in this Agreement, the Request for Proposals, designer approved communications and field
orders, the Proposal, Construction Documents and 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 and incorporated General Conditions attached as Exhibit 1.
b. Designer approved and stamped construction documents and drawings and written
specifications.
c. Designer approved communications and field orders.
d. Request for Proposals and addenda thereto.
e. Proposal.
2. SCOPE OF WORK
The Contractor shall furnish and deliver all of the materials, and perform, and be fully responsible
for all of the Work required by this Agreement within the time period stipulated in a written Notice-to-Proceed
to be executed by the Contractor and Owner and in accordance with the following enumerated documents,
which are made a part hereof as if fully contained herein:
a. Construction Drawings prepared by Progressive Design Collaborative, Ltd (PDC) (Sheet
G1.01, M0.00, M0.01, M0.02, M1.01, M1.02, M5.01, M6.01, M7.01, E0.00, E0.01, E1.01,
E2.01, E3.01 dated 11/18/2024)
b. Written specifications prepared by the Designer.
c. Comfort Systems USA (Mid Atlantic) LLC proposal dated January 9, 2025 which fully
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describes the work to be performed, such work(hereinafter called the"Work").
d. Related documents listed under Section 1 above.
3. TERM AND SCHEDULING
a. The Contractor agrees to commence work pursuant to the written Notice-to Proceed.
b. The Contractor agrees to complete substantially all Work included by November 26, 2025.
c. Time is of the essence with respect to all dates specified in the Contract Documents as
Completion Dates.
d. The Contractor shall perform the Work in the time, manner and form required by the Contract
Documents and as stipulated in a written Notice-to-Proceed to be executed by the Contractor
and Owner.
4. STANDARD OF CARE AND DUTIES OF CONTRACTOR
a. The Contractor shall exercise reasonable care and diligence in performing the Work in
accordance with the generally accepted standards of this type of Contractor practice throughout
the United States and in accordance with applicable federal, state and local laws and
regulations applicable to the performance of these services. Contractor is solely responsible
for the professional quality, accuracy,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 Contractor, Subcontractor, and Sub-subcontractor errors
or omissions, in the performance of the Agreement together with the errors and omissions of
any agent or employee of the Contractor or any Subcontractor or Sub-subcontractor.
Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes, or
conflicts at no additional cost to the Owner.
d. Contractor is an independent contractor of Owner. Any and all employees of the Contractor
engaged by the Contractor in the performance of any work or services required of the
Contractor under this Agreement, shall be considered employees or agents of the Contractor
only and not of the Owner, and any and all claims that may or might arise under any workers
compensation or other law or contract on behalf of said employees while so engaged shall be
the sole obligation and responsibility of the Contractor.
e. Contractor shall at all times remain in compliance with all applicable local, state, and federal
laws, rules, and regulations including but not limited to all state and federal non-discrimination
laws, policies, rules, and regulations and the Orange County Non-Discrimination Policy and
Orange County Living Wage Policy (each Orange County policy is incorporated herein by
reference and may be viewed at
http://www.oran ec�og tync. og v/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
Revised 01/24 2
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to discrimination.
f. If activities related to the performance of this Agreement require specific licenses,
certifications, or related credentials Contractor represents that it and its employees, agents and
subcontractors engaged in such activities possess such licenses, certifications, or credentials
and that such licenses certifications, or credentials are current, active, and not in a state of
suspension or revocation.
g. The Contractor shall supervise and direct the Work efficiently and with the Contractor's best
skill and attention. Except as specifically set forth in the Contract Documents the Contractor
shall be solely responsible for the means, methods, techniques, sequences, and procedures of
construction, and for safety precautions and programs in connection with the Work. The
Contractor shall be responsible to see that the finished Work complies accurately with the
Contract Documents.
h. The Contractor shall appoint a competent Project Manager with general authority to manage
the Project for the Contractor. The Contractor shall also keep on the Project at all times during
the Work of the Contractor a competent Resident Superintendent and necessary assistants who
shall not be replaced without prior written approval by the Designer or by the Owner if a
Designer is not retained for the Project.
i. If, in the opinion of the Designer, any Subcontractor on the Project is incompetent or otherwise
unsatisfactory, such Subcontractor shall be replaced by the Contractor with no increase in the
Contract Price if and when directed by the Designer.
j. The Contractor shall attend all progress conferences and all other meetings or conferences.
The Contractor shall be represented at these progress conferences by a representative having
the authority of the Project Manager and by such other representatives as the Designer may
direct.
k. Costs and expenses of providing samples for and assistance in any testing shall be borne by the
Contractor. Any Work in which untested materials are used without written approval or
written permission of the Owner or Designer shall be removed and replaced at Contractor's
expense.
1. The Contractor shall obtain all necessary permits including all permits required to complete the
Work in compliance with local, state, and federal law.
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 Six Hundred Fourteen Thousand Dollars ($614,000.00). Not later than the fifth (5th)
day of each calendar month the Contractor shall submit to the Owner's Representative,
generally the Designer if a Designer 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 Progressive Design
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Collaborative, Ltd, 3101 Poplarwood Court, Suite 320, Raleigh, NC 27604 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%) (the"Retainage").
(1) Upon Owner's Representative's certification that fifty percent (50%) of the
Work has been satisfactorily completed Retainage shall be reduced to two and
one half percent(21/2%).
(2) Upon Owner's Representative's certification that ninety percent (90%) of the
Work has been satisfactorily completed Retainage may be discontinued.
Retainage may be discontinued, at Owner's Discretion, so long as work
continues to be completed satisfactorily and on schedule.
(3) The Owner may discontinue withholding retainage in accordance with the
provisions of NCGS-143-(b 1)(2)when the project is 50% complete.
(iii) Final payment shall not be due to the Contractor until thirty (30) days after Final
Completion of the Work, including punch list work, has been satisfactorily (as
determined by the County) completed and an appropriate Affidavit, Indemnification,
and Release as required in Section 5.4(e) of Exhibit 1 has been received and approved
by Owner.
b. Should Owner reasonably determine that Contractor has failed to perform the Work related to
a Request for Payment, Owner, at its discretion may provide the Contractor ten (10) days to
cure the breach. Owner may withhold the accompanying payment without penalty until such
time as Contractor cures the breach.
(i) Should Contractor or its representatives fail to cure the breach within ten (10) days, or
fail to reasonably agree to such modified schedule, Owner may immediately terminate
this Agreement in writing, without penalty or incurring further obligation to
Contractor.
(ii) This section shall not be interpreted to limit the definition of breach to the failure to
perform the Work related to a Request for Payment.
c. The Contractor has included in the Contract Price and shall pay all taxes assessed by any
authority on the Work or the labor and materials used therein. It shall be the Contractor's
responsibility to furnish the Owner documentary evidence showing the materials used and
sales and use tax paid by the Contractor and each of its subcontractors.
d. Should the Owner receive notice that the Contractor has failed to pay a Subcontractor for the
Work performed related to a Request for Payment, Owner shall have the authority to withhold
payment of the disputed amount until parties resolve their dispute. Failure to pay the
Contractor pursuant to this section of the Agreement shall not be deemed to be a breach of the
Agreement.
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6. NON—APPROPRIATION
a. Contractor acknowledges that Owner is a governmental entity, and the validity of this
Agreement is based upon the availability of public funding under the authority of its statutory
mandate.
b. In the event that public funds are unavailable or 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
or 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.
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.
7. NOTICES
Any notice required by this Agreement shall be in writing and delivered by certified or registered mail,
return receipt requested to the following:
Owner: Contractor:
Orange County Comfrort Systems USA(Mid Atlantic) LLC
Attn: A. Barnes Attn: David N. Allen
P.O. Box 8181 1057 Bill Tuck Hwy
Hillsborough,NC 27278 South Boston, VA 24592
8. MISCELLANEOUS
a. Duties and Obligations imposed by the Contract Documents shall be in addition to any Duties
and Obligations imposed by state, federal or local law, rules,regulations and ordinances.
b. No act or failure to act by the Owner or Contractor shall constitute a waiver of any right or
duty granted them under the Contract Documents, nor shall any act or failure to act constitute
any approval except as specifically agreed in writing.
c. The Work shall be tested and inspected as required by the Contract Documents and as required
by law. Unless prohibited by law the costs of all such tests and inspections related to state and
federal codes such as ADA, Administrative, Electrical, Plumbing, Mechanical and Building
Codes shall be borne by the Contractor. The costs for material and structural testing shall be
conducted by an independent third party at the expense of the Owner. Delays related to any of
the aforementioned tests and inspections shall not be grounds for delaying the completion of
the work. If any such tests and inspections reveal deficiencies in the Work such that the Work
does not comply with terms or requirements of the Contract Documents and 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.
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d. Should the Designer, if a Designer 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
Designer under this section shall be paid at Contractor's expense.
e. The County has designated(Angel Barnes)to act as the County's representative with respect to
the Project 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.
f. 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.
g. 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.
h. 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.
9. CONSEQUENTIAL DAMAGES
a. Owner and Contractor mutually waive any claim against each other for consequential damages.
Consequential Damages include:
(i) Damages incurred by Owner for loss of use, income, financing, or business.
(ii) Damages incurred by Contractor for office expenses, including personnel, loss of
financing, profit, income, business, damage to reputation, or any other non-direct
damages.
10. ENTIRE AGREEMENT
All of the documents listed,referenced or described in this Agreement,the written Notice-to-Proceed,
together with Modifications made or issued in accordance herewith are the Contract Documents, and the work,
labor, materials, and completed construction required by the Contract Documents and all parts thereof is the
Work. The Contract Documents constitute the entire agreement between Owner and Contractor. This
Agreement may be amended only by written instrument signed by both parties. Modifications may be
evidenced by facsimile signatures. If any provision of the Agreement or General Conditions shall be declared
invalid or unenforceable,the remainder of the Agreement shall continue in full force and effect.
[SIGNATURE PAGE TO FOLLOW]
Revised 01/24 6
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and date
first above written in a number of counterparts, each of which shall, without proof or accounting for other
counterparts,be deemed an original contract.
ORANGE COUNTY: CONTRACTOR:
By: By:
Travis Myren, County Manager David N. Allen, President
Printed Name and Title
Revised 01/24 J
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ORANGE COUNTY-INTERNAL USE ONLY
Finance Information
Vendor Name: Comfort Systems USA(Mid Atlantic)LLC Vendor Contact Person: David N.Allen
(Neil.Allengcomfortsystemsusa.com) Phone:434-572-6986 Address: 1057 Bill Tuck Hwy City South Boston State:VA
Zip:24592 Department:AMS/Sportsplex Amount: $614,000.00 Purpose: Sportsplex Pool HVAC Unit Replacement Budget
Code(s): 54540030-800000-36001 Vendor#
Vendor Status with NCSOS: Current-Active Vendor is a BOCC consultant: ❑Yes ®No
Contract Details
Contract Type: ®New ❑Amendment(Original Contract: )(Most Recent Amendment )
Effective Date 03/07/2025 End Date 11/26/2025 Notice Date (Notice Purpose )
Award
® Approved by Board(Agenda Date: 03/06/2025); ® Made or Administered by AMS
Signature Authority
®BOCC Express Delegation(Agenda Date: 0 3/0 6/2 0 2 5)
- Policy 9.4: ❑Under$5,000; ❑ Service Under$90,000; ❑ Construction Under$250,000
® Budget Policy Section XV(Capital Improvement Project: 3 6 0 01)
Biddin
❑ Informal Bidding($30k-$90k); ®Formal RFP($90k+); ❑ Other(<$30k); ❑Exception(#-----)
Department Affirmation
® This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this
project has not been initiated prior to execution of the agreement;OR
❑ This agreement is approved as to technical form and content. Services related to this agreement have already begun or been
completed.Description of the nature of the emergency condition that was addressed:
Department Director's Signature Date:
Information Technologies
This agreement has been reviewed and is approved as to information technology content and specifications:
Office of the Chief Information Officer Date:
®Inapplicable because no hardware/software purchases or related services
Risk Management
This agreement is approved for sufficiency of insurance standards,specifications,and requirements:
Office of the Risk Management Officer Date:
Financial Services
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act:
Office of the Chief Financial Officer Date:
Legal Services
This agreement is approved as to legal form and sufficiency:
Office of the County Attorney Date:
Clerk to the Board
All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov
The following signature block is for hard copies only and is not required for Docusign contracts:
Revised 01/24 8
11
Received for record retention:
Office of the Clerk to the Board Date:
Revised 01/24 9
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OC$portsplex Pool HVAC Unit Replacement
Section 00 52 00 - BID/ACCEPTANCE FORM
to r
ORANGE COUNTY SPORTSPLEX POOL HVAC REPLACEMENT
This project consists of the following:
Sportsplex— Replace (1) HVAC Unit that serves the indoor swimming pool.
We are in receipt of
Addendum 2 Addendum 3
Addendum 1 12/19/2024
Addendum 4 Addendum 5 Addendum 6
The undersigned, as bidder, proposes and agrees if this bid is accepted to contract with ORANGE COUNTY,
NORTH CAROLINA for the furnishing of all materials, equipment, and labor necessary to complete the
construction of the work described in these documents in full and complete accordance with plans,
specifications, and contract documents, and to the full and entire satisfaction of the Owner for the sum of:
BASE BID S orts Rex HVAC nit Dollars b I V .
45477 35609
General Subcontractor License#: Mechanical Subcontractor, License#
31285-U
Electrical Subcontractor License#:
Respectively submitted this 9th day of January 2025
Comfort Systems USA (MidAtlantic), LLC
(Contractor's Name)
By: David N. Allen
Title: President (Owner, partner, corp, Pres. Or Vice President)
Address: 1957 Bill Tuck Hwy, South Boston, VA 24592 sm �r
�e -4
Email Address: veil.allen@comfortsystemsusa.com 0abill't�; .
(Corporate Seal) ° 4�
License#: 35609 - Plumbing & Heating; 45477 - General Contracting o
ACCEPTED by 1D „. O
��'INIA
Total amount of accepted by the owner, included base bid and bid alternates:
TITLE.
END OF SECTION 00 52 00
PDC Project 23022 BID/ACCEPTANCE FORM 00 52 00- 1
Progressive Design Collaborative, LLd
Pd
3101 Poglarwood Court, Suite 320
Raleigh, North Corolino 27604
919-790-9989
CERTIFIED BID TABULATION
ORANGE COUNTY, NC - SPORTSPLEX
POOL HVAC UNIT
PDC PROJECT#23022
January 9, 2025 at 2:00pm
CONTRACTOR LICENSE # M/WBE BID BOND BASE BID ADD 01 ADD 02
COMFORT SYSTEMS USA 35609 X X $614,000 X
BRADY 63159 X X $771,868 X X
TRADEMASTERS 36172 X X $715,000 X X
SERVICES
This is to certify this bid tabulation to be true and correct: ��,%00N ,CARO ����,
Q��F ESS/0�9:SA .1 PAt9
025020
Steve W. Campbell, PE LEED AP
PROGRESSIVE DESIGN COLLABORATIVE, LTD. 1/9/2025•�FN�I NE��•�������� 1/9/2025