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Home My WebLink About2017-719-E AMS - Mebane Air Dickson House HVAC DocuSign Envelope ID: B45C8196-4DA8-42AE-9309-8DBF33AFC945 NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$50,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this 21 st day of December, 2017 by and between Orange County,North Carolina (hereinafter the "Owner") party of the first part; and Mebane Air, Inc. (hereinafter the "Contractor"), party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the Owner hereby contracts for the construction services of the Contractor, and the Contractor agrees to provide the construction services to the Owner in accordance with the terms of this Agreement. 1. TERM AND MAXIMUM AMOUNT PAYABLE Beginning and ending dates of contract: December 21, 2017 through June 30, 2018. The Project Commencement Date shall be December 21, 2017. Dollar Amount Not to Exceed: Nine Thousand Four Hundred Forty-Seven Dollars and Ten Cents ($9,447.10) 2. SERVICES Contractor agrees to provide the following construction services (the "Work"): Install new heating and air conditioning equipment in the building located at 150 E. King Street per proposal dated October 19, 2017. Contractor shall not sub-contract all or any part of the construction services provided for in this Agreement without prior written approval of the Owner. Contractor shall be responsible for all errors or omissions, in the performance of the Agreement. Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to Owner. 3. PAYMENT Contractor shall submit an invoice for construction services provided. The invoice shall contain Contractor's name and federal tax identification number and shall be signed and dated by an officer of Contractor. It shall detail all construction services provided in payment requests. The Owner will make payments to Contractor within thirty (30) days after receipt of and approval of the invoice by the contracting department. In the event the amount stated on an invoice is disputed by Owner, then Owner may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. In addition, should Contractor fail to perform its duties under the terms of this Agreement, Owner may, without fault or penalty, withhold any payment associated with the Work to be performed until such time as said work is completed. 4. RELATIONSHIP OF PARTIES Contractor is an independent contractor of the Owner. Contractor represents that it has or will secure, at its own expense, all personnel required in performing the construction services under this Agreement. Such personnel shall not be employees of or have any contractual relationship Revised 10/17 1 DocuSign Envelope ID: B45C8196-4DA8-42AE-9309-8DBF33AFC945 with the Owner. All personnel engaged in work under this Agreement shall be fully qualified and shall be authorized or permitted under state and local law to perform such construction services. It is further agreed that Contractor will obey all State and Federal statutes, rules and regulations which are applicable to provisions of the construction services called for herein. Neither Contractor nor any employee of the Contractor shall be deemed an officer, employee or agent of the Owner. 5. SUSPENSION AND TERMINATION This Agreement may be terminated by Contractor upon thirty (30) days' written notice to the Owner, and the Owner may terminate this Agreement upon thirty (30) days' written notice to Contractor. Owner may suspend the Work at any time for Owner's convenience and without penalty to Owner upon three (3) days' notice to Contractor. Upon any suspension by Owner Contractor shall discontinue the Work and shall not resume the Work until notified to proceed by Owner. The notice required by this section or any other notice shall be delivered via certified mail, return receipt requested to the parties at the addresses as shown on the signature page to this Agreement. Such notice is deemed given upon its delivery to, or deposit in a receptacle of, the United States Post Office. 6. INSURANCE REQUIREMENTS Contractor 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 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at htip://www.oran_eg c, ountync..og v/departments/purchasing_division/contracts.ph ). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here N/A (if no additional insurance required mark N/A as being not applicable). Contractor shall not commence construction work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 7. INDEMNIFICATION Contractor agrees, without limitation, to defend, indemnify, save, and protect Owner and Owner's lender, if any, harmless from and against any and all claims, liens, liabilities, losses, damages, causes of action, and expenses (including court costs and reasonable attorney's fees related thereto) arising out of, in connection with, or resulting from any negligence, act or failure to act by the Contractor, the Contractor's agents, assigns or employees resulting in property damage or personal injury, including death, or other loss related to the Work. Contractor is responsible for all errors or omissions caused by its agents, contractors, employees, or assigns in the performance of this Agreement. It is the intent of this section to require Contractor to indemnify the Owner to the full extent permitted under North Carolina law. 8. NON-ASSIGNMENT Contractor shall not assign all or any part of this Agreement, including rights to payments, to any other party without the prior written consent of the Owner. 9. NON—APPROPRIATION Revised 10/17 2 DocuSign Envelope ID: B45C8196-4DA8-42AE-9309-8DBF33AFC945 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. In the event that public funds are unavailable and 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 and 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, but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the Owner's statutory authority, mandate and/or mandated functions, by state and/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. 10. DISPUTE RESOLUTION Any dispute with respect to any provision of, or the performance or non-performance of, this Agreement shall be subject to the Dispute Resolution Rules and Procedures for Orange County Design, Building Construction, Renovation, and Repair Projects. The policy is incorporated herein by reference and may be viewed at http://www.oran ec�ogiiWc. ov�/departments/purchasing division/contracts.php). 11. ENTIRE AGREEMENT The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it, together with specifically referenced documents, constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified by a written amendment to this Agreement signed by the parties. Modifications may be evidenced by telefacsimile signatures. Should any conflict arise in the terms of any documents referenced herein and this Agreement the terms of this Agreement shall be given priority and shall control over all other such documents. Should a request for proposals and a proposal be referenced the terms of the request for proposals shall have priority over the terms of the proposal. 12. COMPLIANCE WITH LAW/GOVERNING LAW Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and any action brought under this Agreement shall be brought in the General Court of Justice of the State of North Carolina in Orange County. 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 policy is incorporated herein by reference and may be viewed at http://www.oran ec�ountync 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 to discrimination. By executing this Agreement Contractor affirms that Contractor and any subcontractors of Contractor are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Contractor certifies that Contractor has not been Revised 10/17 3 DocuSign Envelope ID: B45C8196-4DA8-42AE-9309-8DBF33AFC945 identified, and has not utilized the services of any agent or subcontractor identified, on the lists created by the State Treasurer pursuant to G.S. 147-86.58 and G.S. 147-86.81. 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 intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. [SIGNATURE PAGE TO FOLLOW] Revised 10/17 4 DocuSign Envelope ID: B45C8196-4DA8-42AE-9309-8DBF33AFC945 IN WITNESS WHEREOF Orange County and the Contractor have signed this agreement, effective as of the day and date first above written. ORANGE COUNTY CONTRACTOR B`, �]attinil �{euu,wtY 12/19/2017 B 1__ 1 12/15/2017 YAP„ / h County Manager Mebane Air, Inc. 200 S. Cameron St. 718 Mattress Factory Rd P.O. Box 8181 Mebane,NC Hillsborough,NC 27278 27302 Revised 10/17 5 DocuSign Envelope ID: B45C8196-4DA8-42AE-9309-8DBF33AFC945 Mebane Air, Inc. 718 Mattress Factory lid. P.O.Box 1116 Mebane,NC 27302 Phone(919)563 2093 Fax(919)304-3520 State License#20391 October 19,2017 Eddie Huffer Orange County Public Works Dear Mr. Hutter, The following is a proposal to install new heating and air conditioning equipment in the building at 150 E. King St., Hillsborough.We propose this solution: • Install a new 14 SEER Carrier CH14NA018 heat pump and FB4CNP018 air handlerwith 10KW electric heat in the upstairs,and a new Carrier 59SC2C060S17-16 92%efficient gas furnace and CA14NA024 14 SEER air conditioner in the downstairs.We will install a new 3/8 capper refrigerant liquid line for both systems, reconnect to existing duct and wiring,and install a digital, programmable thermostat for each system.We will also rework the flex branch runs in the attic to make them shorter and straighter for better airflow.These systems will have a 5- year parts and 1-year labor warranty.The price for this work will be$8,788, not including tax. Taxed price would be$9,447.10. Thank you for the opportunity to quote this job. Please feel free to call me with any questions or concerns you may have about this bid. Sincerely, Timothy L. Braddy President, Mebane Air, Inc. Acceptance signature and date These pdces are good for thirty days from the date of this proposal. r DocuSign Envelope ID: B45C8196-4DA8-42AE-9309-8DBF33AFC945 �lc Erie CERTIFICATE OF INSURANCE DATE ISSUED(MM/DDNY) Insurance® —THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY— 12/6/17 Home Office • 100 Erie insurance Place • Erie,Pennsylvania 16530 • 814.870.2000 Toll free 1,800.458,0811 • Fax 814,870.3126 - www,erieinaurance.com NAME AND ADDRESS OF AGENCY CARL A WALKER INS AGENCY INC AGENT'S NO, 210 W CLAY 5T JJ11I7 -C-0 C__ -- PA . .-- ____-- Cv D EME.-INSURANCE PRQpERT�'$;CAS�AIJ_Y�CMPA_NY MEBANE,NC 27302-2439 Co.:E ERIE INSURANCE EXCHANGE Not ApplicaTe Ene Indemnity CD ,Attorney-in-Fact 1 in NY _Co.: F ERIE INSMANCE CMPANY�f E.NEw Y4RK__ (914)563-0051 This certificate is issued for information purposes only and confers NAME AND ADDRESS OF NAMED INSURED no rights on the certificate holder. It does not affirmatively or negatively amend,extend,or otherwise alter the terms,exclusions Mebane Air Inc and conditions of insurance coverage contained in the policy(ies) PO Box 1116 indicated below,The terms and conditions of the policy(ies)govern the insurance coverage as applied to any given situation.Limits Mebane,NC 27302 shown may have been reduced by claims paid.This certificate of insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer and the certificate holder, This is to certify that pDlicies,_as indicated tits Policy Number below,are in force for the Named Insured at the time that the Certificate is beinn issued. cfl Add'i - F I Y -� - - ---- TR TYPE OF INSURANCE POLICY N1fMBER LIMITS E;❑GENERAL LIABILITY EACH OCCURRENCE 1,000,000 ❑X COMMERCIAL GENERAL LIABILITY Q48 0450746 12/4/17 12/4/18 CLAIMS MADE OCCUR FIRE DAMAGE An One Fire 1,000,000 ❑ I MED EXP(Any One Person 5,000 PERSONAL&ADV INJURY 1,000,000 ❑ GENERAL AGGREGATE 2,000,000 GEN'L AGGREGATE LIMITAPPLIESPER: PRQDUCTS-COMP/OPAGG t 2.000,000 ®POLICY ❑PROJECT ❑LOG E ❑ AUTOMOBILE LIABILITY BODILY INJURY ED "ANYAUTO"(OWNED NO QV�HIRED QI1 3040066 11/30/17 11/30/18 (EACH PERSON) $ ❑X OWNED BODILY INJURY $ ® HIRED PROPERTY DAMAGE $ ❑ NON-OWNED BODILY INJURY AND ❑ GARAGE PROPERTY IDA AGE $ 500,000 EXCESS LIABILITY EACH OCCURRENCE $ ❑ OCCURRENCE AGGREGATE ❑ RETENTION $ $ WORKERS COMPENSATION& EMPLOYERS LIABILITY TORY BODILY ACCIDENT $ EACH ACCIDENT INJURY DISEASE $ POLICY LIMIT OTHER. BY DISEASE $ EACH EMPLOYEE DESCRIPTION OF UPERATIONS&OCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIV- ERED IN ACCORDANCE WITH THE POLICY PROVISIONS. IMPORTANT: 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 an this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). NAME AND ADDRESS OF CERTIFICATE HOLDER Orange County PO BOX 8181 AUTHORIZED REPRESENTATIVE Hillsborough,NC 27278 EIGF230 8/11 DocuSign Envelope ID: B45C8196-4DA8-42AE-9309-8DBF33AFC945 LONG NAME INSURED; Mebane Air Inc AND CMP Properties LLC PO Box 1116 Mebane,NC 27302 EIG6230 8/11 Page 2 of 2 DocuSign Envelope ID: B45C8196-4DA8-42AE-9309-8DBF33AFC945 NORTH CAROLINA FARM BUREAU MUTUAL INSURANCE COMPANY, INC. CERTIFICATE F LIABILITY INSURANCE 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 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). INSURED Mebane Air, Inc. CERTIFICATE Orange County NAME AND CIO David Harris HOLDER PO Box 8181 ADDRESS 801 E. Oakwood Street Ext Hillsborough, NC 27278 Mebane, NC 27302-7288 COVERAGES 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. X TYPE OF INSURANCE ADDLSUBR POLICY NUMBER POLICYEFF POUCYEXP LIMITS ® COMMERCIAL GENERAL LIABILITY GL 0451188 12/4/2016 12/4/2017 GENERAL AGGREGATE $2 000,000 -OCCURRENCE PRODUCTS-COMPIOPS AGGREGATE $2,000,000 GEN'L AGGREGATE APPLIES PER POLICY PERSONAL&ADV INJURY $1,000,000 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED $100 OOO PREMISES Ea ce , _ MED EXP(Any one person) $5,000 EACH CH OCCURRENCE $ AGGREGATE $ UTOMOBILE LIABILITY 9 (Eacha COMBINED SINGLEELIMR $500,000 5/30/2017 11/30/2017 (Eec}�accdanl) ® SCHEDULED AUTOS 13A1a 21®071 1 BODILY INJURY(Per person) $ ❑ HIRED AUTOS BODILY INJURY(Per acadent) $ ❑ NON-OWNED AUTOS PPRoaa DAMAGE GARAGE LIABILITY (Other) I� EXCESS LIABILITY— EACH OCCURRENCE $ OCCURRENCE AGGREGATE $ WC STATUTORY LIMITS ® WORKERS COMPENSATION NIA AND EMPLOYERS'LIABILITY WC 0223473 8/4/2017 8/4/2018 E.L.EACH ACCIDENT $100,000 POLICY APPLIES TO THE WORKERS E.L.DISEASE-EA EMPLOYEE $100,000 COMPENSATION LAW IN THE STATE OF NC E.L.DISEASE-POLICY LIMIT $500,000 Y OTHER: 171 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES: CANCELLATION - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED AUTHORIZED REPRESENTATIV ( � n _ BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. DATE 10/25/2017 col 0910