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HomeMy WebLinkAbout2018-779-E AMS - McGuire Air Compressor 600 Hwy 86 North repair DocuSign Envelope ID:06257101-EFF6-41F1-94E6-45BOB56C66EF [Departmental Use Only] TITLE Air Compressor Repair FY 2019 ORANGE COUNTY CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 30th day of November, 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 McGuire Air Compressors, 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 and/or construction (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: labor, parts and freight, travel and materials to repair the compressor at 600 Highway 86 North, as detailed in provided invoices 26899 and 26900, dated November 8,2018. The term of this agreement rendered shall be from October 29,2018 to November 5, 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. 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 eighty eight dollars and eight one cents, ($2,088.81). 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 Revised 10/17(Mgr appry 5k 6/18) 1 DocuSign Envelope ID:06257101-EFF6-41F1-94E6-45BOB56C66EF 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/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, 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 I IA 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://www.orangecountync. og v/departments/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 10/17(Mgr appry 5k 6/18) 2 DocuSign Envelope ID:06257101-EFF6-41F1-94E6-45BOB56C66EF 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. O f j jQ9FNTY PROVIDER DocuSigned by: B fiV Ais At.�Vt & '( ewlas f1�t.l,� YL y By: Department irector Title: 4 4A6... 200 S. Cameron St. McGuire Air Compressors Inc P.O. Box 8181 PO Box 1100 Hillsborough,NC 27278 Graham,NC 27253 Revised 10/17(Mgr appry 5k 6/18) 3 DocuSign Envelope ID:06257101-EFF6-41 F1-94E6-45BOB56C66EF McGuire Invoice Air Compressors ,NC. date 11108118 Invoice No.: 26899 P.O. Box 110d 729 E. Elm St.,Graham NC 27253 P O Number Phone 1-336-229-9999 Fax 1-336-229-9998 Terms DUE UPON RECEIPT Bill To: ORANGE COUNTY PUB. WORKS Ship To: ORANGE COUNTY PUB. WORKS ATT:ACCOUNTS PAYABLE 600 HIGHWAY 86 NORTH P O BOX 8181 HILLSBOROUGH, NC 27278 HILLSBOROUGH, NC 27278 Quantity Item Number I Description + Unit Price Amount Shipped 35 MILEAGE-1 ( 1 ) TRIP 1.10 38.50 1 SS SHOP SUPPLIES 11.18 11.18 2.000 LABOR-TS TROUBLESHOOT PROBLEM 110.00 220.00 BRAND-CP MD-©RS20HP SN- TROUBLESHOOT SUB TOTAL 269.68 TAX 18.20 FREIGHT 0.00 TOTAL DUE 287.88 > Please remit to above address. E Please pay from this invoice, no statements provided. Thank you and God Bless. DocuSign Envelope ID:06257101-EFF6-41F1-94E6-45BOB56C66EF McGuire Invoice Air Compressors ,Nc. Date 11/08118 Invoice Na.; 26900 P.O. Box 1100 729 E. Elm St., Graham NC 27253 I O Number Phone 1-336-229-9999 Fax 1-336-229-9998 Terms DUE UPON RECEIPT � `T �+t 6 AA *� t 7 M 44 7* Bill To: ORANGE COUNTY -& Snip To: ORANGE COUNTY ATT:ACCOUNTS PAYABLE PUB. W9R" P O BOX 8181 600 HIGHWAY 86 NORTH HILLSBOROUGH, NC 27278 HILLSBOROUGH, NC 27278 VF GSA©S Quantity Item Number I Description Unit Price Amount Shipped I i 1 CP6221372450 SEPARATOR ELEMENT SO 305.18 305.18 3 CP6214619900 V BELT 3 NEEDED 30.18 90.54 1 CP2204133100 FILTER OIL 72.18 72.18 1 CP6211472350 (FILTER AIR INLET 52.18 52.18 1 CP2901000201 INLET REPAIR KIT 196.18 196.18 1 CP2202729801 SOLONOIED VALVE UNLOADER 24V 220.18 220.18 1 CP-1630-2032-0- CP ROTAIRXTRA 18.9 LITER 376.18 376.18 SYNTHETIC 8000 HOUR ROTO-XTEND DUTY FLUID 1 EPA-DISPOSAL EPA APPROVED DISPOSAL 20.18 20.18 1 SS SHOP SUPPLIES 11.18 11A8 35 MILEAGE-1 ( 1 ) TRIP 1.10 38.50 3.750 LABOR-IP INSTALL PARTS AS LISTED 110.00 412.50 BRAND-CP MD-QRS20HP SN- HR-8154 REPAIR COMPRESSOR SUB TOTAL 1794.98 TAX 122.77 FREIGHT 23.85 TOTAL DUE 1941-60 Please remit to above address. < Please pay from this invoice, no statements provided. Thank you and God Bless. DocuSign Envelope ID:06257101-EFF6-41 F1-94E6-45BOB56C66EF CERTIFICATE OF LIABILITY INSURANCE DATE(MM/ 11/26/2018 Y) 018 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. 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 Amy Carl NAME: Jennings Bryan-Chappell Insurance Services PHEAICONNo Ext: (336)227-7458 n/XC,No): (336)343-1000 PO Box 1118 E-MAIL amy@jbcins.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Burlington NC 27216 INSURERA: Donegal Mutual Insurance Company 13692 INSURED INSURER B: McGuire Air Compressors,Inc. INSURER C: 729 E.Elm St' INSURER D: INSURER E: Graham NC 27253 INSURER F: COVERAGES CERTIFICATE NUMBER: CL1813103483 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 ADDIL 5UBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE_7CLAIMS-MADE IX-1OCCUR PREM SESO(Ea occur RENTED $ 100,000 MED EXP(AnV one person) $ 5,000 A PKG201201819 02/01/2018 02/01/2019 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY 1-1 PRO- ❑ LOC PRODUCTS-COMP/OPAGG $ 2,000,000 JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANYAUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED BA201201819 02/01/2018 02/01/2019 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) Uninsured motorist $ 1,000,000 UMBRELLALIAB 1,000,000 OCCUR EACH OCCURRENCE $ A EXCESS LAB CLAIMS-MADE UMB201201819 02/01/2018 02/01/2019 AGGREGATE $ DED I X RETENTION $ 10,000 $ WORKERS COMPENSATION X SPER TATUTE EORH AND EMPLOYERS'LIABILITY Y/N SOO,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ A OFFICER/MEMBER EXCLUDED? N/A WCV201201819 02/01/2018 02/01/2019 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 If ves,describe under 500,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Orange County Asset Management ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 8181 AUTHORIZED REPRESENTATIVE Hillborough NC 27278n Q ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD