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Home My WebLink About2018-699-E AMS - Otis Elevators Justice center repair DocuSign Envelope ID:75DE7265-DAF3-4484-873B-40098EEOBD26 [Departmental Use Only] TITLE .Justice Elevator repair FY 18/19 os ORANGE COUNTY Q� CONTRACT UNDER $5;000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 18th day of October,2018, ("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 Otis Elevator Company(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 and/or construction (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Justice Facility-106 E Margaret Ln-Checked operation componet and repaired car. The term of this agreement rendered shall be from 10/22/2018 to 12/31/2018. Provider represents and agrees that Provider is qualified to perform and fully capable of pet-forming 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. P. ayment: 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 Five Hundred Fifty Seven and Fifty, ($557.50). 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. f 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 10117(30gr appry 5k 6/18) 1 DocuSign Envelope ID:75DE7265-DAF3-4484-873B-40098EEOBD26 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.php). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here (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. Indemni_ : The Provider agrees,without limitation,to defend, indernnify,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 in carrying out Provider's duties and obligations related to the Services to be provided in this Agreement. 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 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. Modifications may be evidenced by telefacsimile signature. 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 11A and Article 40 of North Carolina General Statute Chapter 66. 8. Governing Law and Priority: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and Orange County. 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 hiip-://www.orangecouniyne.ggv/departmentL/purchasing division/contracts.php.). 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 certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified,and has not utilized the services of any agent or subcontractor identified,on the list created by the State Treasurer pursuant to G.S. 147-86.81. By executing this Agreement Provider affirms Provider- is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 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. Dispute Resolution: Neither party may initiate binding arbitration. Any disputes shall be resolved by nonbinding mediation. If such mediation fails either party may initiate litigation to resolve the dispute. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. Revised 14!17(Mgr appry A 6/18) 2 DocuSign Envelope ID:75DE7265-DAF3-4484-873B-40098EEOBD26 10. 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. IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective as of the day first written above. GRANGE COUNTY PROVI"''o cuSigned by: Docu5igned by,7gne I l ,�IbSt By' By'� aoFasooa27aaas5... Depart 9E88CA4SCFS4498... "lit anager 204 S. Cameron St.�VL4 Otis Elevator P.Q. Box 8181 PO Box 730400 Hillsborough,NC 27278 Dallas`I'X 75373 i Revised 10/17(Mgr appry A 5118) 3 DocuSign Envelope ID:75DE7265-DAF3-4484-873B-40098EEOBD26 OTIS CUSTOMER NO. DATE INVOICE NO, 425390 09/17/18 TRD16303001 One Farm Springs Farmington, CT 06032 INVOICE AMOUNT DUE 599.31 PAYMENT DUE UPON RECEIPT MAIL PAYMENT TO: OTIS ELEVATOR COMPANY ORANGE COUNTY GOVERNMENT P.O. BOX 730400 ASSET MGMT SVCS DALLAS TX IILBLSBOROUGH NC 753730400 27278 ENCLOSE THIN COUPON WITH YOUR PAYMENT. MAKE CHECK PAYABLE TO: OTIS ELEVATOR COMPANY INVOICE DETACH RETURN DOCUMENT ALONG PERFO RATION OTIS ELEVATOR COMPANY ** INVOICE CHARGES ** BUILDING REFERENCE CUSTOMER NO. DATE INVOICE NO. ORANGE COUNTY JUSTICE 425390 09/17718 TRD16303001 106 E MARGARET LANE HILLSBOROUGH NC 27278 DATE OF SERVICE: 09/11/18 CALLER NAME: CRYSTAL LONG/OFC ASST: PROBLEM DESCRIPTION: ELV 7 (ONLY PUBLIC) , NT WRKG, NO PASS, NFI, ETA NDD, RTCB TUE WORK PERFORMED; CHECKED OPERATION COMPONENT: CAR IN SERVICE / CHECKED OPERATION N'IACIIINE# : F62558 CONTINUED ON NEXT PAGE ANY QUESTIONS CONCERNING THIS INVOICE, CONTACT OTIS AT; (919-781-1555) WE CERTIFY THAT GOODS WERE PRODUCED IN COMPLIANCE WITH ALL APPLICABLE REQUIREMENTS OF SECTIONS 6, 7 AND 12 OF THE FAIR LABOR S'T'ANDARDS ACT, AS AMENDED. AND OF REGULATIONS AND ORDERS OF THE UNITED STATES DEPARTMENT OF LABOR ISSUED UNDER SECTION 14 HEREOF, OVERDUE PAYMENTS SHALL BEAR AN INTEREST CHARGE OF THE OVERDUE AMOUNT CALCULATED FROM THE PAYMENT DUE DATE OF THE INVOICE AT THE RATE OF ONE AND ONE HALF PERCENT (1.5%) PER MONTH OR THE MAXIMUM RATE ALLOWED BY APPLICABLE LAW, WHICHEVER IS LESS. PAGE 1 USNCB DocuSign Envelope ID:75DE7265-DAF3-4484-873B-40098EEOBD26 OTIS CUSTOMER NO. DATE INVOICE NO. One Farm Springs 425390 09/17/18 TRD16303001 Farmington, CT 06032 INVOICE AMOUNT DUE 599.31 PAYMENT DUE UPON RECEIPT MAIL PAYMENT TO: II��I�I�L�rILI„rl��l4il�inr��fl lr��ll��111 OTIS ELEVATOR COMPANY ORANGE COUNTY GOVERNMENT P.O. BOX 730400 ASSET MGMT SVCS PO BOX 8181 DALLAS TX HILLSBOROUGH NC 753730400 27278 ENCLOSE THIS COUPON WITH YOUR PAWIENT. MAKE CHECK PAYABLE TO: OTIS ELEVATOR C041PANY ...... INVOICE DETACH RETURN DOCUMENT ALONG PERFORATION. OTIS ELEVATOR COMPANY * ` INVOICE {CHARGES ** BUILDING REFERENCE CUSTOMER NO. DATE INVOICE NO. 425390 09/1.7/18 TRD16303001 VEHICLE CHARGE 95.00 STANDARD RATE 1.25 HRS @ $370/HR REG RATE 462.50 SUBTOTAL 557.50 TAX 41 .81 FREIGHT .00 TOTAL AMOUNT DUE 599.31 ANY QUESTIONS CONCERNING THIS INVOICE., CONTACT OTIS AT: (919-781-1555) WE CERTIFY THAT GOODS WERE PRODUCED IN COMPLIANCF WITH ALL APPLICABLE REQUIREMENTS OF SECTIONS 6, 7 AND 12 OF THL FAIR LABOR STANDARDS ACT, AS AMENDED, AND OF REGULATIONS AND ORDERS OF THE UNITED STATES DEPARTMENT OF LABOR ISSUED UNDER SECTION 14 HEREOF. OVERDUE PAYMENTS SHALL BEAR AN INTEREST CHARGE OF THE OVERDUE AMOUNT CALCULATED FROM THE PAYMENT DUE DATE OF THE INVOICE AT THE RATE OF ONE AND ONE HALF PERCENT (1.5%) PER MONTH OR THE MAXIMUM RATE ALLOWED BY APPLICABLE LAW, WHICHFVER I5 LESS. PAGE 2 USNCB DocuSign Envelope ID:75DE7265-DAF3-4484-873B-40098EEOBD26 DATE(MMIODIYYYY) ACC>R" CERTIFICATE OF LIABILITY INSURANCE rte- 04i2012018 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 INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or 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 MARSH USA INC. NAME' PHaNE FAX 20 CHURCH STREET {AlC,No,Ex!}: (IUG No HARTFORD,CT 461 D3 E-MAIL ADDRESS: INSURER(5)AFFORDING COVERAGE NAIC 4 INSURER A:Harttord Fire Insurance Company _ 19682 INSURED INSURER b Mational Union Fire Insurance Company of Pittsburgh,PA 19445 OTIS ELEVATOR COMPANY ONE FARM SPRINGS ROAD INSURER C-American Home Assurance Company 19380 FARMINGTON,CT 06032 INSURER D.New Hampshire Insurance Company 23841 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:BTGCEZHT 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. INSR TYPE 6F INSURANCE D L S BR POLICY`EFF POLICY EXP LIMITS LTR 0,18D WVO POLICY NUMBER MMIDDIYYYY MMIDDIYY A X COMMERCIAL GENERAL LIABILITY G2CSET10004 04/0112018 0410112019 EACH OCCURRENCE $ 1.000,ODO CLAIMS-MADE 1 • I OCCUR $2,004,000 general aggregate per PREMISES Ea oocurrenc& 5 340,000 focaltonlprofect $10,000,0000 policy general aggregate MED EXP(Any one person)_ $ 10,000 PERSONAL&ADV INJURY S 1,0001000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X PRO- LOC PRODUCTS-COMPIOPAGG S JECT OTHER: $ A AUTOMOBILE LIABILITY 02C SET 10000{AID} 04101/2018 04/41/2019 COMBINED SING"LIMIT 02CSET10019{HI} F,accldent 1,4DO,OOD }( ANY AUTO Hartford Underwriters Ins BODILY INJURY(Per person) S OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Peragddenl) $ A UMBRELLA LIAS X OccU 2HUT10021 04/0112418 44/4112019 EACH OCCURRENCE $ 10,000,440 EXCESS LIAR CLAIMS R-MADE AGGREGATE $ 10,000,400 DED RETENTION$ $ B WORKERS COMPENSATION CT WCiSIR 2.5h7MjEX CON- O41{711;?018 0410112019 rX PER IN- C AND EMPLOYERS"LIABILITY 658304{1 MUTE- E D ANY PROPRIETORfPARTNER EXECUTIVE YIN N CA-015519205 E.L.EACH ACCIDENT S 1,000,000 OFFICERIMEMBER EXCLUDED? FIN] NIA FL-015519246,MA-015519212 -- - - (Mandatory InNH) MN-015519208,MULTI-015519204 E-L-OIsEAsE-EA EMPLOYEE $ 1,000,000 If yes,describe under MULTWI5519207,MULTI- 1,040,000 DESCRIPTION OF OPERATIONS betmv 015519211 E.L.DISEASE-POLICY LIMIT $ S S $ i 5 DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES(ACORD 191,Additional Remarks Schedule,may be attached If more space Is required) This certificate only applies 10 100 E KING ST,300 W TRYON ST-HUMAN SVC,106 E MARGARET LANE,125 COURT ST,COUNTY JAIL,510 MEADOWLANDS DRIVE,106 E MARGARET LANE,2551 HOMESTEAD ROAD,COURT AND KING STREETS,301 W TRYON STREET,200 S CAMERON STREET,106 NASH& KOLLOCK ST TRD08016A, TRD08016Z CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF„ NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Orange County AUTHORIZED REPRESENTATIVE PO Box ugh, 7)y � Hillsborough,NC 27278 1"/J I Page 1 of 1 Q 1988.2015 ACORD CORPORATION. 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