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Home My WebLink About2016-745-E AMS - Warren Hay Public Defender HVAC DocuSign Envelope ID:AB178758-2088-4100-894B-83E266F244DD [Departmental Use Only] TITLE PUBLIC DEF HVAC FY 2016-2017 ORANGE COUNTY CONTRACT UNDER $15,000.00 NORTH CAROLINA THIS AGREEMENT,made and entered into this 22nd day of September,2016, ("Effective Date") by and between Grange County, North Carolina, a political subdivision of the State of North Carolina, (the "County"),party of the first part; and Warren-Hay(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: Warren-Hay will provide and install (3) replacement 14-seer Heat Pump split systems to replace existing. Reconnect to existing duct systems, power wiring,refrigerant piping, control wiring,controls and drains. Provide start-up, permits,inspections and 1 year general warranty The term of this agreement rendered shall be from October 0,20I6 to November 1",2016. 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 Sixteen Thousand Four Hundred Eighty Seven, ($16,487.00). 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 DocuSign Envelope ID:AB178758-2088-4100-894B-83E266F244DD Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at htt www.oran ecount nc. ov de artments urchasin 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 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, its agents, or assigns directly or indirectly related to the Services to be performed pursuant to this Agreement on the part of the Provider. 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 the Provider. 7. Entire Agreement and Signature : 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 intent of the Parties to comply with Article I IA 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 terms 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 Anti-Discrimination Policy. 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. I47-86.58. 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. 11. 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 Revised-61-16 - - DocuSign Envelope ID:AB178758-2088-4100-894B-83E266F244DD 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] DocuSign Envelope ID:AB178758-2088-4100-894B-83E266F244DD IN WITNESS WHEREOF,County and the Provider have signed this Agreement,effective as of the day first written above. ORS' oocu—Sig b Y ned '�T " Ga cu PRC" "^ Signed by, �6 Kos, Wes. By: - 06379946755E477... By.- CE43833EC'. 8 CF... County Manager Title: commerce ail Division 200 S. Cameron St. Warren-Hay P.O.Box 8191 P.O Box 818 Hillsborough,NC 27278 Hillsborough,NC 27278 -exised5l16 DocuSign Envelope ID:AB178758-2088-4100-894B-83E266F244DD WARREN - HAY Mechanical Contractors Inc. Ideating and Air Conditioning P.O.Box 818 •Hillsborough,NC 27278 919-732-4362 August 25,2016 Orange County Re:Public Defenders Office—HVAC Replacements PROPOSAL We hereby submit specifications and estimates for: As noted: • Provide&install(3)replacement 14-Seer Heat Pump split systems to replace existing. • Reconnect to existing duct systems,power wiring,refrigerant piping, control wiring, controls and drains. • Provide start-up,permits, inspections and I year general warranty. We propose hereby to furnish material and labor: $16,487.00 Payment to be made upon completion. Acceptance: Date: Exclusions 1 Clarifications: • Reconnecting to all existing power wiring, disconnects, and controls. Permit will be for replacement of(3) existing systems. Respectfully submitted by:Ron LaPann Commercial Division ron.lapann@W—Iliren-hay.corn Quote valid for 45 days. t DocuSign Envelope ID:AB178758-2088-4100-894B-83E266F244DD .qC 0 DATE(MM1DDNYYY) �f CERTIFICATE OF LIABILITY INSURANCE 6/29a2016 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 on d o mement(s). PRODUCER CONTACT CrySta.1 Ireland NAME: Business Insurers of Carolinas PHONE (919)968-4611 FAX NOV.19191968-8991 800 Eastowne Drive, Suite 208 AE-MAIL...cireland@business-insurers.com PO Box 2536 INSURE S AFFORDING COVERAGE NAIL 9 Chapel Hill NC 27515-2536 iNSURERA:Penn National Ins_ Com anies 14990 INSURED INSURER B f3ri. g efield Casualty Insurance 10335 Warren--Hay Mechanical Contractors Inc INSURER C;Philadel hla Insurance Comp 19058 Sheet Metal Duct Suppliers LLC INSURERD: PO Box 818 INSURERE: Hillsborough NC 27278 INSURERF: COVERAGES CERTIFICATE NUMBER:CL161514307 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. I TR TYPEOF INSURANCE N L SUBR POLICY NUMBER M�pY EFF POLICY LIItlbDDJYYYYY LIMITS X COMMERCtAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 DAMAGE TO RENTED A CLAIMS-MADE 7XI OCCUR PREMISES Ea occurrence $ 100,000 CX90726312 12/31/2015 12/31/2016 MEDEXP(Any one $ 10,000 PERSONAL&ADV I NJU RY $ 1,000,000 GEN'L AGGREGATE LJMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ECl' LOG PRODUCTS-COMPIOPAGG $ 2,000,000 OTHER. S AUTOMOBILE LIABILITY COMBINE.SINGLE L1M0 S 1,000,000 000 Ea accident � _ r A X ANY AUTO BODILY INJURY(Per persona $ ALLOWNED SCHEDULED AX90726312 12/31/2015 12/31/2016 BODILY I NJU RY(Per accident) $ AUTOS AUTOS HIRE.AUTOS NON-OWNED PROPERTY DAMAGE AUTOS accident L I Endorsements $ X UMBRELLA LAB X OCCUR EACH OCCURRENCE $ 3,000,000 A EXCESS LIAR CLAIMS-MADE AGGREGATE $ 3,000,000 DED I I RETENTIONS UL90726312 12/31/2015 12/31/2016 $ WORKERS COMPENSATION X PER TE ERH- AND EMPLOYERS'LIABILITY YIN ANY PROPRIEiOR)PARTNERIEXECUTIVE E.L.EACH ACCIDENT $ 500,000 OFFICERIMEMBER EXCLUDED? �NIA B (Mandatory in NH) 0196-40173 12/31/2015 12/31/2016 E.L.DISEASE-EA EMPLOYE. $ 500,000 Ues,describe under SCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 C FRSD1106639 12/31/2015 12/31/2016 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101.Additional Remarks SOwlule,may be attached N more space Is required) CERTIFICATE HOLDER CANCELLATION abarnes@orangecountync.gov SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 8161 ACCORDANCE WITH THE POLICY PROVISIONS. Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE J Knauff, IV/1REL01 ID 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD INS025 0ntannr