The URL can be used to link to this page

Home My WebLink About2018-708-E AMS - Phoenix Fire Protection parking deck sprinkler repair DocuSign Envelope ID:22EC411D-EAE3 4084-B1 F7-CB9D1D897D55 nn°5 [Departmental Use Only] TITLE Eno PD Sprinkler Repair FY 18119 ORANGE COUNTY 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 Phoenix Fire Protection (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: Eno River Parking Deck-105 Nask and Kollock St- Removed and replaced 21' of 1/2' galvanized pipe that was hit by a car on the I` floor and removed and replaced 21' of 1 1/2"galvanized pipe that was hit but a car on the 2nd floor. 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 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. Pa men 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 Three Thousand Three Hunderd,($3300.00). 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,not 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 Revised 10117(Mgr appry A 6118) 1 DocuSign Envelope ID:22EC411D-EAE3-4084-131 F7-Cl39D1D897D55 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:l lwww.oranp,ecountync.govldepartments/purchasing divisionlcontracts.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, 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 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 http:Ilwww.oranggeounl nc.gov/depa3-tiiientslpurchasing`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 10/17(Mgr appry 5k 6/18) 2 DocuSign Envelope ID:22EC411D-EAE3-4084-131 F7-Cl39D1D8971D55 10. Nan 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 fiends 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. ORANG' rniTNPTIT PROV"'�'" DocuSigned by: DocuSignecl by: By, 9E88CA46CF64498... By.—" 26C2581a9A 3 F Department ulrector Title: 200 S. Cameron St. Phoenix Fire Protection P.O. Box 8181 PO Box 2881 Hillsborough,NC 27278 Sndford NC,27331 Revised 10117(Mgr appry 5k 6118) DocuSign Envelope ID:22EC41 1 D-EAE3-4084-131 F7-CB9D1 D897D55 kri Invoice Phoenix F FIDE PROTECTION Date 0119120 is 364232 Invoice# P.O.BOX 2881 SANFORD,N.C. 27331 PHONE: (919)774-3042 Bill To Ship To Asset m—an--gement Orange County Parking Deck '— 131 W Margaret Lane Hillsborough,NC P.O.Number Terms Rep Ship Via F.O.B. Project Due an receipt 10/19/2018 Quantity Item Code Description Price Each Amount Darvork Removed and replaced 2P of 1 112"galvanized pipe that was hit 3,300.00 3,300,00 by a car on the I sL floor and removed and replaced 21'of 1 112" galvanized pipe that was hit by a car on the 2nd floor. J- Thank you for your business! Total $3,300,00 DocuSign Envelope ID:22EC411D-EAE3-4084-B1F7-CB9D1D897D55 I DATE(MMIDD/YYYY) AC"Rf>, CERTIFICATE OF LIABILITY INSURANCE I1201$ 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 have ADDITIONAL INSURED provisions or be endorsed, It 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 andorsement s, PRODUCER COM �E1CCNTACT CENTER FEDERATED MUTUAL INSURANCE COMPANY NN FAX, .4664 HOME OFFICE:P.O.BOX 328 AiC 4 a No:507446 OWATONNA,MN 56060 Eoo IESS:CL l TCONTAC CE E FEIDINS.CC] INSURERIS}AFFORDING.COVERAOE NAIC# INSURER A:FEDERATED MUTUAL INSURANCE COMPANY 13935 INSURED 357_0755-3 INSURER B: PHOENIX FIRE PROTECTION INC INSURER o: 2863 LEE AVE SANFORD,NC 27332-6205 INSURER D: INSURER E: INSURER F; w COVERAGES CERTIFICATE NUMBER:80 REVISION NUMBER:0 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE 114SURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM 09 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 CONDITION'S OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN SR TYPE OF INSUANICE DOL SUER POLICY NUMBER M MIPtifYY Y hM1D'1DPVYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000 DAMAGE T9 RENTED $100,000 CLAIMS-MADE Fx-]OCCUR occurrence) MED EXP(Any one person} EXCLUDED A N N 6057280 04/22/2018 04/22/2019 PERSONAL&ADV INJURY $1,000,000 oc 'L AGOR O TE LIMIT APPLIES PER: GENERAL AGGREGATE $2,IJ00,000 X POLICY JE T ❑LOC PRODUCTS•COMPIOP AGO $2,000,000 OTHER: AUTOMOBILE LIABILITY CEa aeOMBc do' ED SINGLE LIMIT $1,000,D00 X ANY AUTO BODILY INJURY(Per persual OYMEO AUTOS ONLY SCHEDULED A AUTOS N N 6057280 0412212018 04/22/2019 BODILY INJURY(Par eccidenf HIRED AUTOS ONLY NON OWNED ROPERTY AUTOS bAI,MAGE ONLY e X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $'5,0D0,00D A A EXCESS LIAR CLAIMS-MADE N N 6057281 04/2212018 04/22/2019 AGGREOATE $5,000,000 DED I I RETENTION WORMERS COMPENSATION X PER STATUTE I GER AND EMPLOYERS'LIABILITY Y I N ANY PROPRIETORIPARTNERIEXECVTIVE E.L.EACH ACCIDENT $1,OD0,00D A OFFICERIMEMSER EXCLUDED? ❑NIA N 6DS7284 04/2212018 04122/2019 (Mabdalory InNH) E.L.DISEASE-EAEMPLOYEE $1,000,000 II yes,describe under DESCRIPTION OF OPERATIONS below F1 DISEASE•POLICY LIMIT 53,4001000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORO 101,Addliionel Ramarks Schedwta,may be allarhod II more space Is required) POLICY COVERAGE AS OF 04/29/2018 MAY f C L3 ?J IS 151.. - --- --- --- CERTIFICATE HOLDER CANCELLATION 157-075-3 800 ORANGE COUNTY ASSET MANGEMENT SERVICES SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 131 W MARGARET LN THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN HILLSBORCOUGH,NC 27278-2547 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE S 0 1988-2015 ACORD CORPORATION,All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD