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Home My WebLink About2015-484-E AMS - Warren-Hay Mechanical Contractors, Inc. to provide, install wall mounted C02 sensor at RENA Comm. Center DocuSign Envelope ID:0357B852-8C7E-4F80-BC7A-1ECD7B8CA959 [Departmental Use Onl';y] TITLE RENA CO2 Sensor FY 2016 ORANGT COUNTY CONTIZACT UNDER S15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 3 1 st clay cat August, 2015, ("Effective Date") by and between Orange County, North Carolina, as body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first part; and Warren-flay Mechanical Contractors, 111c. (the "Provider"), party of the second part; W IT N E S S ET H: 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:. Tlie services and/or materials (hereinafter referred to collectively as "Services") to be furnished Linder this Agreement are as follows: provide and install wall mounted CO2 Sensor at RENA C oirimunity Center, per provided August I W' proposal. The term of this agreement rendered shall be from August 27, 2015 to September 30, 2015. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the set-vices required or necessary under this Agreement in a fully competent, professional and timely manner to the satisfaction of the County. Provider shall be responsible for all errors or ornissi I ons, in the performance of' the Agrecinent. 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,xvithout the prior written approval of the County. SPECIFIC TERMS Pavrnent: The County agrees to pay at (fie rates specified for Services satisfactorily performed in accord with this Agreement. 11'fie arnountt, to be paid by the County shall not exceed two thousand eight hundred eighty four dollars, ($2,884). Payment sliall 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 SLIC11 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 nci way waive or affect the County's right hereunder to enforce the same, nor shall any waiver by the County of any breach be field to be as waiver ofany succeeding breach or a waiver of this Non-'' aiver 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 ornissions. 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 ofthe Provider or the employees of the Provider. 4, ns-u'ra'n'c'e' 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 requirements are described in the Orange County Revised 10/14 1 DocuSign Envelope ID:0357B852-8C7E-4F80-BC7A-1 ECD7B8CA959 incorporated herein by reference and may be viewed at h p:/,� -tt, . _m: lecountyric.gov/purchasi 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 arid certification thereof has been received by the Owner's Risk Manager, .5, Indenmi : The Provider agrees to defend, indemnify, and hold harililess Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising froill bodily injury, including death, to any person or persons or damage to or destructi(ln of any property caused in whole: or in [)all by any negligent or intentional act or omission oil file part of the Provider. 6. Termination: 'rhis Agreement may be terminated at any time by mutual written agreement of tile parties or by the County upon written notice to the Provider. 5igq4Wrp5: 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. 'I'll is Agreerrient 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 ]A and Article 40 of North Carolina General Statute Chapter 66 8. jLriorit, y: In determining the basic services to be provided, should any documents be reference(] fil 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 Agreenicrit. 9. Governing Law�-Both parties agree that this Agreement sliall be governed by the laws of the State of North Carolina. Should either party initiate litigation to settle any dispute involving tile terms 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, rLdeS, arid regulations including but not limited to all anti-di scrin-i ination, laws. 10. D"i'�I.,j�q�Resolutiow 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 tile bringing of such Suit or action. 11. N(n App : Provider acknowledges that County is a governmental entity, arid tile validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In tile event that public ftinds are unavailable arid not appropriated for the perf'ortriance of County's obligations under this Agreement., then this Agreement shall automatically expire without penalty to County immediately on written notice to Provider of the unavailability arid non-appropriation Of public funds. [SIGNATURE PAGE TO FOLLOWJ Revised 10/14 DocuSign Envelope ID:0357B852-8C7E-4F80-BC7A-1 ECD7138CA959 IN WITNESS WHEREOF,County and the Provider have signed this Agreement,effective as of the day first written above. ORAN ,6;,qVNTY PROVIDER CA y DocuSigned by: "'u"9"" By: 15�6vuvut't, �MKMAVYS(" By: CE43803EC3BMCF CLoun �Ana�geeFr 200 S. Cameron St. Warren-Hay Mechanical Contractors, Inc. P.O.Box 8181 PO Box 818 Hillsborough,NC 27278 Hillsborough,NC 27278 Reviscd 10114 DocuSign Envelope ID:0357B852-8C7E-4F80-BC7A-1 ECD7138CA959 WARREN - HAY Mechanical Contractors Inc. �Heating & Air Conditioning I leating and Air Conditioning RO. Box 818• Hillsborough,NC 27278 919-732-4362 919-712-8660 Fax State License #7211 wNvw.warren-hay.corn August I O�, 20115 Brennan Bouma Sustainability Coordinator Asset Management Services Orange County Re: Rena Community Center 101 Edgar Street, Chapel, Hill, NC 27516 PROPOSAL We hereby submit specifications and estimates for: As noted: • Provide& install (1) Wall mounted CO2 Sensor on wall in the large class room to control Aaon Make up air unit. This will activate/bring unit on when CO2 levels reach set point minimizing operational run time of large system allowing standard DX systems to heat cool building on normal schedule. • Provide factory start-up, and programming to the on-board processor for efficient operation. We propose hereby to furnish material and labor: $2,884.00 Exclusions: • Cuarantec,warranty,servicing or repair of existing equipment. Respectfully submitted by: Pon LaPann Commercial Dvision valid for 30 days ron.laPenn@warren-hay.com DocuSign Envelope ID:0357B852-8C7E-4F80-BC7A-1ECD7B8CA959 0 DATE JMMAIDNYYY) AC"R" CERTIFICATE OF LIABILITY INSURANCE 01/05/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the poficy(ies) must be endorsed. If SUBROGATf,ON 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'sl. PRODUCER CONTACT ... -R ....... FEDERATED MUTUAL INSURANCE COMPANY NT.CQ-N—TACT CE NTIE PHONE HOME OFFICE: P.O. BOX 328 1A .......... OWATONNA, MN 55060 E-MAIIL ADDRESS:CLIIENTCONTACTCENTERCo EEgI'.NS CO.M.... ............ .......... MSURERIS)AFFORDING COVERAGE NAIL Mt INSURER A: FEDERATED MUTUAL INSURANCE COMPANY' 139�35 -----....... ...... INSURED 346-500-2 INS URER 8 WARREN HAY MECHANICAL CONTRACTORS INC rMSURER C: PO BOX�818 .............. INSURER M HILLSBOROUGH, NC 27278 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:60 REVISION NUMBER:2 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 CONWTION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLiCIIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. lNSR TYPE OF INSURANCE AD�DL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS L.T. IN$R WVD (MMMWYYYYI (MMrDDJYYYY)i GENERAL LIABILITY EACH OCCURRENCE $1,000,000 DAMAGE ro RENTED ..... ---—------ 'i1"00-J000 X COMMERCIAL GENERAL LIABILITY — S�F,�lEa 9EqmE[qnc:o 1 -ER�MJ - -— — CLAJMS-MADE x OCCUR MED EXP(Any one person) EXCLUDED A N N 9893360 12/31/2014 12131/2015 PERSONAL K ADV MJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMPIOP AGO $2 000,000 R I X]POLICY -------I PR L Loc AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY[Per Person) ALL OWNED SCHEDULED ----- A AUTOS AUTOS N N 9893360 12/31/2014 1213112015 BODR,Y INJURY(per acd:dono NON-OWNEID DAM GE HIRED AUTOS AUTOS -IFer--accICLIMI) UMBRELLA LIAS �XOCCUR EACH OCCURRENCE $3,000,000 -—------- ...... A EXCESS LIAR ctAims-mADE. N IN 9893361 12131/2014 1213112015 AGGREGATE $3,00,0,000 - ........... I IDE RE T EN T I ON WORKERSCOMPENSATION ___?� WC,,S T'M r ER TH- T i AND EMPLOYERS'LIAOILITY YIN _1_ _L__ ANY PROPRIETORJPARTNERIEXECUTIVE [- E.L EACH ACCIDENT $500,00,0 A OFnCERiMEMBER EXCLUDED N/A N 9076999 12131/2,014 12/31/2015 Iman,datory in NH) E.L.DISEASE,EA EMPLOYEE $500,000 Il'yes,describe under E L DISEASE-POLICY'LIMIT DESCRIPTION OF OPEkA11ONS berow $500,000 C'up E I V E.FN DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES IAftach ACORD 101,Addificnal Remarks Schedule,it more space is required) IAN 13 CERTIFICATE HOLDER CANCELLATION 346-500-2 60 2 ORANGE COUNTY PUBLIC WORKS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PO BOX 8181 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN HILLSBOROUGH, NC 27278-8181 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Q 1988-2010 ACORD CORPORATION, All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD