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HomeMy WebLinkAbout2017-710-E AMS - Warren Hay jail circuit repair DocuSign Envelope ID: B609CD31-DACE-456A-91E0-9865ED037F19 [Departmental Use Only] TITLE .Jail Circuit B FY 2017/2018 ORANGE COUNTY CONTRACT UNDER $15,000.00 NORTH CAROLINA THIS AGRE,EMENT, made and entered into this October day of 31st,2017, ("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 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 furnished under this Agreement are as follows: Jail-Labor for technicians to install warranty compressor, coil, high pressure switch,reversing valve and expansion valve for Circuit B The term of this agreement rendered shall be from 10/27/2017 to 11/27/201 8. Provider represents and agrees that Provider is qualified to perform and fuIIy 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 Seven Hundred, ($2,700.00). 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. 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 Revised 2/17 1 DocuSign Envelope ID: B609CD31-DACE-456A-91E0-9865ED037F19 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 contracts, h ), If County's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of (if no additional insurance required mark NIA 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. Indemni : The Provider agrees to defend, indemnify, and hold harmless Orange County from all lasses, 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. G. 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 Si n : 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 consent of the Parties to utilize electronic signatures and the intent of the Parties to comply with Article 11 A 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 terns 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 Non-Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http:l/www.oi-anp,,Pcoutiiync.gov/dgartments/Turchasing division/contracts. In .). 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. 111.. 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 Revised 2/17 2 DocuSign Envelope ID: B609CD31-DACE-456A-91E0-9865ED037F19 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] I Revised 2/17 3 DocuSign Envelope ID: B609CD31-DACE-456A-91E0-9865ED037F19 IN WITNESS WHEREOF,County and the Provider have signed this Agreement,effective as of the day First written above. ORANGE MFINTV PROV;j 'D Cusignedby: Docusigned by: 6insvr its Mk t v5�e 10ELS803EC3B84CF-- 'ID1& (Ap� By: By: .,flG379946755E477... Title: County iria„ Commercial Division 200 S.Cameron St. Ron LaPann P.O.Box 8181 PO Box 818 Hillsborough,NC 27278 Hillsborough,NC 27278 Revised 2117 4 DocuSign Envelope ID: B609CD31-DACE-456A-91E0-9865ED037F19 Warren-Hay INVOICE Mechanical Contractors, Inc PO Box 818, DATE INVOICE# CUST# Hillsborough, NC 27278 101212017 0000025035 0006683 Office 919-732-4362 Fax 919-732-8660 BILL TO: SHIP TO: ORANGE COUNTY JAIL ORANGE COUNTY ASSET MANAGEMENT 125 COURT ST ATTN:ANGEL BARNES HILLSBOROUGH NC 27278 POST OFFICE BOX 8181 HILLSBOROUGH NC 27278 KO-NUMBER TERMS SALES PERSON Paul Sorrell COD JUSTIN LONG QUAN DESCRIPTION PRICE EACH AMOUNT 1.00 Labor for Technicians to install Warranty Compressor,coil, 2,700.00 2,700.00 high pressure switch,reversing valve and expansion valve for Circuit B. Thank you for your business! Warren-Hay accepts all major creel ds with •39'q convenience fee. A finance charge of 1.5%per j6nth w i a ly to all,invoices ver 30 day i SUBTOTAL l' $2,700.00 TAX $202.60 TOTAL f $2,802.50 DocuSign Envelope ID: B609CD31-DACE-456A-91E0-9865ED037F19 WARRIEN - HAY Mechanical Contractors Inc. Heating and Air Conditioning P.O.Box 818 •Hillsborough,NC 27278 State License 7211 919-732-4362 August 15,20171 Revised September 12,2017 Orange County Public Works Re: Orange County Jail Hot Deck PROPOSAL We hereby submit specifications and estimates for:As noted: MODEL#-TMW120BHP2000CS SERIAL#-S11429371 i • Provide labor to install install Warranty Compressor,coil,high pressure switch,reversing and Expansion valve for Circuit B. We propose hereby to furnish material and labor: $2,700.00 Payment to be made upon completion. Acceptance: Date: Exclusions 1 Clarifications: • Expedited shipment. Pricing based on warranty for parts being honored by Climate Master upon return. Respectfully submitted by:Ron LaPann Commercial Division ron.lapann@warren-hay.com DocuSign Envelope ID: B609CD31-DACE-456A-91E0-9865ED037F19 Bill To Requisition 00097913-00 FY 2018 ASSET MANAGEMENT ORANGE COUNTY Acct No: PO BOX 8181 10 -20-240-2403-20-00-570000- HILLSBOROUGH, NC Review: 27278 Buyer: dcannell Status: Released Page I Vendor Ship To WARREN-HAY MECHANICAL CONTRS INC ASSET MANAGEMENT PO BOX 818 ORANGE COUNTY 131 W MARGARET LANE, STE 301 HILLSBOROUGH, NC 27278 HILLSBOROUGH, NC 27278 ACOOPER@ORANGECOUNTYNC.GOV Tel#919-732--4362 Delivery Reference PAUL SORRELL 919-245-2625 DateVendor (Date (Ship Ordered Number Required Ma Terms Department 10/04/17 1025352 1 IDELIVER INSIDE 12400 ASSET MANAGEMENT SERVI LN Description / Account Qty Unit Price Net Price General Notes CONFIRMING P.O. - DO NOT DUPLICATE ORDER ALREADY PLACED BY DEPARTMENT 001 WARREN-HAY JAIL HOT DECK- LINSTALL 1.00 2700.00000 2700. 00 WARRANTY COMPRESSOR, COIL, HIGH EACH PRESSYRE SWITCH, REVERSING AND EXPANSION VALVE FOR CIRCUIT B. 1 10 --20--240-2403--20-00-570000- 2700.00 Ski To ASS T MANAGEMENT ORANGE COUNTY 131 W MARGARET LANE, STE 301 HILLSBOROUGH, NC 27278 Delivery Reference PAUL SORRELL 919--245-2625 Requisition Link Requisition Total 2700.00 ***** General Ledger Summary Section ***** Account Amount Remaining Budget 10 -20-240-2403-20-00-570000- 2700 .00 129055.22 ***** Approval/Conversion Info ***** Activity Date Clerk Comment DocuSign Envelope ID: B609CD31-DACE-456A-91E0-9865ED037F19 z; Bill To Requisition 00097913-00 FY 2018 ASSET MANAGEMENT ORANGE COUNTY Acct No: PO BOX 8181 10 -20--240-2403-20-00-570000- HILLSBOROUGH, NC Review: 27278 Buyer: dcannell Status: Released Page 2 Vendor Ship To WARREN-HAY MECHANICAL CONTRS INC ASSET MANAGEMENT PO BOX 818 ORANGE COUNTY 131 W MARGARET LANE, STE 301 HILLSBOROUGH, NC 27278 HILLSBOROUGH, NC 27278 ACOOPER@ORANGECOUNTYNC.GOV Tel¢#919-732-4362 Delivery Reference PAUL SORRELL 919-245-2625 Date (Vendor (Date (Ship Ordered Number Required Via Terms Department 10/04/17 1025352 I (DELIVER INSIDE 12400 ASSET MANAGEMENT SERVI IN Description / Account Qty Unit Price Net Price Queued 10/04/17 ALAN DORMAN Pending JEFF THOMPSON Pending PHYLLIS FONTES Pending S14ARI RASBERRY Pending DAVID CANNEL(, i i f I i DocuSign Envelope ID: B609CD31-DACE-456A-91E0-9865ED037F19 .a+�v►�o` CERTIFICATE OF LIABILITY INSURANCE DATE(M MID DNYYY) 11/1/2017 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 pollcy(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 Crystal Ireland NAME! Y Business Insurers of Carolinas PHONE �x�: (919)968-4611 FAX(AI Na);{919)458-0991 800 Eantowne Drive, Suite 208 EMAIL c3reland@business ineurers.aom ADDRESS: _ _ PO Box 2536 INSUR 5 AFFORDING_COVERAGE NAIC4 Chapel Hill HC 27515-2536 INSURERA:Penn National Ins. Companies 14990 INSURED INSURER 9 Bridgefield Casualty Insurance 10335 Warren-Hay Mechanical Contractors Inc INSURER C! Sheet Metal Duct Suppliers. LLC INSURERD: PO Box 818 INSURER E Hillsborough NC 27278 INSURERF: — COVERAGES CERTIFICATE NUMBERCL16121917124 REVISION NUMBER: I 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 VATH 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. IHSR ADDL�§99A, _ PIILICY EFF POLICY EXP LTTd TYPE OF INSURANCE I ppLICY NUMBER MMfDD1YYYY MMIDDFYYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACHOCCURRENCE $ 1,000,000 DAMAGE TO RENTED A CLAIMS-MAID X OCCUR PREMISES(Ea occurrence) S 100,000 CX90726312 12/31/2016 12/31/2027 MEDE%P(Anyoneperwn) $ 10,000 PERSONAL&ADV INJURY $ - 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X IPOLICY 1 PRO- J£CT I LOG PRODUCTS-CpMP10PAGG 3 2,000,000 i OTHER: S AUTOMOBILE LIABILITY ! COMBINED SINGLE LIMIT g 1,000,000 (Es acddeall X ANY AUTO BODILY INJURY{Per person] j S A ALI.OWNED � ,SCHEDULED 1 AX90726312 12/31/2.016 12/31/2017 BODILY INJURY(Per accldenl) S AUTOS I AUTOS NON­HIRED AUTOS - AUTOS OV4NED e acad nl)AMAGE PROPERTY S Endorsements I S X UMBRELLA LIAB X OCCUR EACHOCCURRENC£ $ 3,000,000 A E%CESS LIRB CLAIMS-MADE AGGREGATE _ $ 3,000,000 DED RETENTIONS ULD0726312 12/31/2016 12/31/2017 $. WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN X STATUTE ER_ ANY PROPRIETOFIIPARTNERIFYECUTIVE � E.LEACHACCIDENT 15 500,000 OFFICEWMEMBER EXCLUDED? I N I N I A B (Mandatory in NH) 0196-40173 12/31/2016 12/31/2017 E.L.DISEASE-EAEMPLOYEld3 500,000 If yes,describe under --- DESCRIPTION OF OPERATIONS below _ E.L.DISEASE-POLICY LIMIT S 500,000 A 1 Leased/Ranted Equipment �CX90726312 12/31/2016 12/31/2017 LIMIT $50,00❑ DEDUCTIBLE $5 00 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES(ACORD 101,Addlllonal Remarks Schedule,may be attached if more spaco Is required) i CERTIFICATE HOLDER CANCELLATION abarneB@)orangecountyllc.gov SHOULD ANY OF THE ABOVE;DESCRIBED POLICIES BE CANCELLED BEFORE Orange County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 8181 ACCORDANCE WITH THE POLICY PROVISIONS. Hillaborougtar NC 2727B AUTHORIZED REPRESENTATIVE U Knauff, IV/'IREL01 y�� @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD INS025(201401)