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Home My WebLink About2016-563-E Solid Waste - American Industrial Contractors, Inc. for heat & air service and maintenance DocuSign Envelope ID:595F86A3-E7A8-4291-9C8B-CD13A314E128 [Departmental Use Only] TITLE FY ORANGE COUNTY CONTRACT UNDER $15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 1st day of October, 2016, ("Effective Date") by and between Orange County, North Carolina, a political subdivision of the State of North Carolina, (the "County"), party of the first part; and American Industrial 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 furnished under this Agreement are as follows: inspect and maintain identified equipment as set forth in Attachment A. The term of this agreement rendered shall be from October 1, 2016 to September 30, 2017 and shall be automatically renewed on an annual basis unless terminated by either party upon 30 days written notice. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services 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 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 Two Thousand Five Hundred and Five Dollars annually to inspect and maintain the equipment ($2,505.00) payable in quarterly installments of Six Hundred Twenty-Six Dollars and Twenty-Five Cents, ($626.25). 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, nor 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 6/16 1 DocuSign Envelope ID:595F86A3-E7A8-4291-9C8B-CD13A314E128 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 County'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/contra cts.php). If County'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 County's Risk Manager. 5. Indemnity: 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, its agents, or assigns directly or indirectly related to the Services to be performed pursuant to this Agreement 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. County may suspend this Agreement upon reasonable notice to the Provider. 7. Entire Agreement and Signatures: 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 11A and Article 40 of North Carolina General Statute Chapter 66. 8. Priority: In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms of this Agreement 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. 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 state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Anti-Discrimination Policy. Any violation of this requirement 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. By executing this Agreement Provider affirms that Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor, on the list created by the State Treasurer pursuant to G.S. 147-86.58. 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. Revised 6/16 2 DocuSign Envelope ID:595F86A3-E7A8-4291-9C8B-CD13A314E128 11. Non Appropriation: Provider acknowledges that County 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. In the event that public funds 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 6/16 3 DocuSign Envelope ID:595F86A3-E7A8-4291-9C8B-CD13A314E128 IN WITNESS WHEREOF,County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER ,----DocuSigned by: r DocuSigned by: By: jbin,bt It t'.1.wtwtt,r'stu1 By: fib1441401 t{,ivct,lr Court U': 7eitE477-. Title: —A34CFDA318054c4... 200 S. Cameron St. Tommy Oliver,VP Customer Relations P.O. Box 8181 PO Box 16224/2616 Phoenix Drive (27406) Hillsborough,NC 27278 Greensboro,NC 27416-6224 Revised 6/16 4 DocuSign Envelope ID:595F86A3-E7A8-4291-9C8B-CD13A314E128 Attachment A Customer: Orange County Solid Waste Agreement#: ORANGE16 Equipment List Manufacturer Type of Equipment ID# Trane Condensing Unit #1 Trane Condensing Unit #2 Trane Condensing Unit #3A Trane Condensing Unit #3B Trane Condensing Unit #4A Trane Condensing Unit #4B Trane Air Handling Unit #1 Trane Air Handling Unit #2 Trane Air Handling Unit #3 Trane Air Handling Unit #4 Please Note: This maintenance agreement applies only to equipment as listed above unless specified otherwise. DocuSign Envelope ID:595F86A3-E7A8-4291-9C8B-CD13A314E128 Customer: Orange County Solid Waste Agreement#: ORANGE16 Condensing Units 1. Quarterly Maintenance Procedures a. Check unit for refrigerant leaks b. Check and calibrate safety controls and overloads c. Check main starter d. Check oil level(if applicable) e. Tighten motor and control panel terminals £ Check crankcase heater g. Check external interlocks h. Lubricate fan bearings i. Inspect and adjust belt alignment and tension(replace belt as needed) J. Check damper operation 2. Semi-Annual Maintenance Procedures a. Clean condenser coils; Spring&Fall 3. Written Documentation a. Record location of any leaks and type of repair b. Record compressor motor amp readings c. Record crankcase heater readings d. Record refrigerant pressures, temperatures, super heat and subcooling DocuSign Envelope ID:595F86A3-E7A8-4291-9C8B-CD13A314E128 Customer: Orange County Solid Waste Agreement#: ORANGE16 Air Handling Unit 1. Quarterly Maintenance Procedures a. Change filters b. Inspect coil&check for leaks c. Inspect drain pan&drain line for leaks; make sure drain line is completely open d. Treat drain pans e. Inspect fan wheels (clean as needed) £ Inspect drive shaft—check for wear& alignment g. Check belt alignment&tension(adjust or replace as required) h. Lubricate as required i. Check bearing&motor mounting J. Check motor operating voltage &amperages k. Check inlet vanes or dampers (adjust as necessary) 1. Check for excessive vibration 2. Written Documentation a. Record any leaks and notify owner DocuSign Envelope ID:595F86A3-E7A8-4291-9C8B-CD13A314E128 Customer: Orange County Solid Waste Agreement#: ORANGE16 Additional Billing Rates Unless specifically included in this agreement emergency and repair calls will be billed as follows: Service Technician Labor $ 89.50/hour* (during normal working hours) $ 109.50/hour* (nights &weekends) Service Truck Trip Charge $ 47.50/trip Parts and Material Cost+ Standard mark-up— 10%discount • Represents our preferred discount rate. DocuSign Envelope ID:595F86A3-E7A8-4291-9C8B-CD13A314E128 Customer: Orange County Solid Waste Agreement#: ORANGE16 General Provisions The following provisions are attached to and are considered a part of the maintenance agreement between Orange County Solid Waste (the Customer) and American Industrial Contractors, Inc. 1. American Industrial Contractors,Inc. is responsible for and agrees to: a. Perform all procedures as outlined in this agreement b. Perform all obligations under this agreement in accordance with industry standards as accepted in our area. c. Strive to maintain reliable equipment operation in a cost effective manner. d. Give preferential service to the Customer over the non-contract customer. All labor not covered under this agreement will be provided at the preferred discount rate. e. 2. The Customer shall be responsible for and agrees to: a. Properly operate the equipment in accordance with related operating and maintenance instructions and recommended procedures. b. Require that only qualified personnel are responsible for the operating and maintaining of specified equipment. c. Immediately report any unusual equipment operating conditions or problems to American Industrial Contractors, Inc. d. Provide professional cooling tower water treatment unless provided under the terms of this agreement. 3. Exclusions: a. The maintenance procedures afforded by this agreement in no way constitute a guarantee of room conditions or system performance outside the original design of the system. b. We do not include inspection,maintenance,repair or replacement of any parts, equipment, or non-maintainable system components (i.e., steel supports, castings, ductwork, coils,boiler or heat exchanger shells, cabinets,wiring,piping, storage tanks, etc.) not specifically delineated in this agreement. c. Repairs or replacement of parts made necessary as a result of electrical power failure, low voltage,burned out fuses, low water pressure,vandalism, misuse or abuse, alteration of equipment, acts of God,theft, sabotage, fire,water, accident, negligence of others, freezing weather,malicious acts or other damage beyond the control of American Industrial Contractors,Inc. d. We do not include inspection,maintenance,repair or replacement of motor starting equipment and interconnecting wiring unless provided for in this agreement. e. We do not include repairs or service required by insurance companies, government agencies or other authoritative bodies. DocuSign Envelope ID:595F86A3-E7A8-4291-9C8B-CD13A314E128 f. We do not provide for performance of service outside of normal business hours. g. We do not accept any responsibility for the design of the system, obsolescence of the system, or any safety checks associated with the system. 4. Any changes, adjustments, service or repairs made to the equipment by anyone other than personnel of American Industrial Contractors, Inc. will terminate our obligation to render further service under this agreement and serve to void this contract without a refund of any portion of fees paid to date. 5. Except as otherwise stated in this agreement, American Industrial Contractors, Inc. make no warranties whatsoever related to the equipment covered. DocuSign Envelope ID:595F86A3-E7A8-4291-9C8B-CD13A314E128 AMERIN1 OP ID: C4 ACC:WC,' DATE(MMIDDr(WY) �,,,,,, CERTIFICATE OF LIABILITY INSURANCE 03/24/2016 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 1NSURER(S), AUTHORIZED PRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. ?ORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) 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 CONTACT Scott Ins(Greensboro) NAME: Carolee Templeton Fax -4 628 Green Valley Road Ste.306 (Arc,No,Ext)336-510 0090 No) (NC, _434 55-8832 Greensboro,NC 27408 EMAIL • Steve Heston-Greensboro ADDRESS:cfiempleton@scottins.com INSURER S AFFORDING COVERAGE NAIC e • INSURER A:Pe nn National SecuritylnsCoA- 32441 INSURED American Industrial INSURERS:PennNationalMutualCas Ins CoA- 14990 Contractors,Inc. PO Box 16224 INSURER C: Greensboro, NC 27416 INSURER 0: INSURER E: ■ _ INSURER F: 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. lLT- -- — -- ADDL SUBRt POLICY EFF ' POLICY EXP ------ R, TYPE OF INSURANCE LIMITS LTR IINSD IAMB( POLICY NUMBER (MMIDDIYYYYI ''IMM/DMIW1f) A I X I COMMERCIAL GENERAL LIABIUTY ( I i EACH OCCURRENCE 1 $ 1,000,000 ! `— `D-l+Tu AGETOITE — CLAIMS-MADE X- OCCUR 1 X 1 1CX9 0681271 04/01/2016 04/01/2017:PREMISES(Ea occurrence) ' $ _ 100,000 —--- MED EXP(Any one person) j$ 5,000 � � � PERSONALBADV INJURY I$ _ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 1 POLICY X II JECT LOC j PRODUCTS-COMP/OP AGO $ 2,000,000 OTHER: (Emp Ben. s 1,000,000 UTOMOB I.E LIABILITY 1 I COMBINED SINGLE LIMIT g 1,000,000 l (Ea accldentl _ _.... _-_ X ANY AUTO !Axe 0681271 04/01/2016 04/01/2017 1 BODILY INJURY(Per person) $ -* ALL OWNED SCHEDULED i 1- AUTOS _ AUTOS BODILY INJURY(Per accident) $ y i NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS X )AUTOS 1 (Per accident) $ _ 1 i X UMBRELLA LIAB X OCCUR EACH OCCURRENCE I $ 3,000,000 B EXC X RETENTION$ CLAIMS-MADE 100001 1 04/01/2017'AGGREGATE I $ 3,000,000 EXCESS uAB lUL9 0681271 04/01/2016 'WORKERS COMPENSATION X STATUTE I ER—1.. (Mandatory in NH) Y/N N/A 04/01/2016 j 04/01/2017 E.L.EACH ACCIDENT 1$ 500,000 A ANY PROPRIETOR/PARTNER/EXECUTIVE _ - OFFICER/MEMBER EXCLUDED') I ``� AND EMPLOYERS'LIABILITY WP9 0681271 I E.L.DISEASE-EA EMPLOYEE!$ _ 500,000 If yes,describe under DESCRIPTION OF OPERATIONS below . ; , I E.L.DISEASE-POLICY LIMIT I $ 500,000 A 1Leased/Rent Equip 1CX9 0681271 ; 04/01/20161 04/01/2017 /$250 Ded 125,000 A (Install Floater CX9 0681271 04/01/20161 04/01/2017($2500 Ded 1,000,000 i 1 i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,mw be attached if more space is required) Orange County Solid Waste is listed as and additional insured with regards to general liability where required by written contract CERTIFICATE HOLDER CANCELLATION ORANG-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County Solid Waste THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN g tY o aste ACCORDANCE WITH THE POLICY PROVISIONS. P.O.Box 17177 Chapel Hill, NC 27516 AUTHORIZED REPRESENTATIVE ( --44--- - O 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD 1