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HomeMy WebLinkAbout2014-571-E DEAPR - Warren Hay Mechanical Contractors, Inc. for heat pump installation $3,150DocuSign Envelope ID: 443010D1- F2AE- 4EA4- A39D- 96B8D483592A [Departmental Use Only] TITLE LRRP - Heat Pump FY 2015 ORANGE COUNTY CONTRACT UNDER $15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 12 day of November, 2014, ( "Effective Date ") by and between Orange County, North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first part; and WARREN - HAY Mechanical Contractors Inc. (the "Provider "), party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in accordance with the terms of this Agreement, time being of the essence: The services and /or materials (hereinafter referred to collectively as "Services ") to be furpished under this Agreement are as follows: Labor and material to replace the Goodman AC unit with a new Goodman GSZ13036 (3 ton 13 SEER) heat pump condenser. Removal of the old equipment from the premises; New Honeywell digital thermostat with dual fuel feature; Reconnect the control and high voltage wiring; Mechanical permit and inspection; Complete stmt up of the system; Warranty: One year labor with ten years on Goodman parts The term of this agreement rendered shall be from November 14, 2014 to December 19, 2014. Provider represents and agrees that Provider is qualified to perform and fiilly capable of performing and providing the services required or necessary under this Agreement in a firlly competent, professional and timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not sub - contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement, without the prior written approval of the County. SPECIFIC TERMS 1. Payment: The County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not exceed three thousand, one hundred, fifty dollars, ($3,150). Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. 2. Non — waiver: Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, not- shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non - Waiver Clause, 3. Independent Contractor: The Provider shall operate as an independent contractor and the County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. Revised [01[4 DocuSign Envelope ID: 443010D1- F2AE- 4EA4- A39D- 96B8D483592A 4. Insurance: Provider 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 requiremcnts 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 littp: / /orangecoun , ne. gov /pureliasitijz/couutracts.asp). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 5. hidemni : The Provider agrees to defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Provider. 6. Termination: This Agreement may be terminated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. 7. Entire Agreement and Signawres: The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified in writing and signed by the parties. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article I IA and Article 40 of North Carolina General Statute Chapter 66. 8. Priori : In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. Should either party initiate litigation to settle any dispute involving the teE•ms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all anti - discrimination laws. 10. Dispute Resolution: Any and all suits or actions to enforce, interpret, or seek damages with respect to any provision of, or the performance or non - performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. 11. Non Appropriation: Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public fiunding under the authority of its statutory mandate. In the event that public fiunds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non - appropriation of public funds. SIGNATURE, PAGE TO FOLLOW Revised 10114 2 DocuSign Envelope ID: 443010D1- F2AE- 4EA4- A39D- 96B8D483592A IN WITNESS WHEREOF, County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER ,-�DocuSigned by: ELDocuSigned by: By.bV�,l�ttt �auhw�t.vS By; �t,la fbin, 4�Bik3E51dr1• 313C9061 F915479... 200 S. Cameron St. Johnny Clayton P.O. Box 8181 Warren Hay Mechanical Contractors Hillsborough, NC 27278 P.O. Box 818 • Hillsborough, NC 27278 Revised 10114 DocuSign Envelope ID: 44301OD1- F2AE- 4EA4- A39D- 96B8D483592A WARRE -1 OP ID: MR CERTIFICATE OF LIABILITY INSURANCE 71,1112/2014 M 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 INSURE=R(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(Ees) must 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 Summers Thompson Lowry, Inc. 100 Europa Drive, Suite 571 CONTACT G. Roberts, AAI, CISR -NAME: Margo FAx Arc No Ext:919- 969 -5300 ,Vc No: 919 -942 -4221 EMAIL o stlinsure.com ADDRESS: mar g @stlinsure.com Chapel Hill, NC 27517 Larry A. Summers 1213'112013 12/3112014 EACH OCCURRENCE AFFORDING COVERAGE NAIC q INSURER A: Selective Ins. CO. of America 125572 $ 5,00 INSURED Warren -Hay Mechanical Contractors, Inc. PO Box 818 INSURER B: INSURER C : GENERAL AGGREGATE INSURER D: GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO LOC JECT Hillsborough, NC 27278 INSURER E $ INSURER F: AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIREUAUTOS NON -OWNED Aurps COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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. MSR LTR TYPE OF INSURANCE DD BR POLICY NUMBER MMIDDIYYYYY MMIDD�YY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FX1 OCCUR Hillsborough, INC 27278 S 2058359 1213'112013 12/3112014 EACH OCCURRENCE $ 1,000,00 DAMAGE TO RENTED PREMISES Ea occurrence 100 00 $ , MED EXP (Any one person) $ 5,00 PERSONAL & ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO LOC JECT PRODUCTS - COMPIOP AGG $ 2,000,00 $ A AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIREUAUTOS NON -OWNED Aurps S 2058359 12/31/2013 12/31/2014 COMBINED SINGLE LIMIT Ea accident S 1,000,00 BODILY INJURY {Per person) $ BODILY INJURY (Per accident] $ PROPERTY DAMAGE PER ACCIDENT $ $ A X UMBRELLA LIAB EXCESS LIAR I X OCCUR CLAIMS -MAOE S 2058359 12131!2013 12!3112014 EACH OCCURRENCE $ 3,000,00 AGGREGATE 3 3,000,00 DED I X RETENTION $ 0 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETORIPARTNERIEXECUTIVE ❑ OFFICERIMEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N lA WG STATU- OTH• TORY LIMITS ER F.L. EACH ACCIDENT S E.L. DISEASE - EA EMPLOYE — $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks $chedulo, if more space Is required) For Information Purposes CERTIFICATE HOLDER CANCELLATION ORANGE1 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, INC 27278 R4".1 Pt S �uw, mn �.► S ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD