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Home My WebLink About2018-756 AMS - Otis Elevator justice elevator repair 76� DocuSign Envi.51ope 1D . 75DE7265 • DAF34434 - 673B3 40008E �t0BD26 [Departmental Use Orly) 7l � LE Justice Elevator Repair FY G8 /19 Rs ORANGE COIJU T czt � !�1YGR HI CAS R OLli f*U THIS AGRE ErVIE NT, made and entered into this 1 Sth day of October, 2018 , ("Effective bate ") 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 acid/or construction (hereinafter referred to collectively as " Services " ) to be furnished under this Agreement areas follows : Justice Facility- I06 E Margaret Ln- Checked operation componot 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 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 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 dudes 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 . I Non—waiver: Failure by County at any time to require the performance by Provider of any of the previsions 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 CIause . 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 . 4w 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 10/ 17 (Mgr appry 5k 6/ 18) 1 DoctiSign Envelope ID ; 7 DE7265mDAF34484o873i94009SEEOE 32t3 Risk Transfer Policy and Orange County Minimurn Insurance Coverage Requirc;ments (each document is incorporated herein by reference id may be vi a ewed at http : //www . orangecountync . go �! departments/ purchasing ,division contgrai ohp ) . If C' ounty ' s PUsk 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 be.cn received by the County's Risk !Manager . 5 . Indernni : 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 . T erminatiow This Agreement may be terrninated 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 Si natures ; 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 hllp : //www . orangecoun Znc . gDv/departments/ purchasing diyision/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 . 14746 . 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 . 14746 . 81 . By executing this Agreement Provider affirms Provider is and shall remain in compliance with Article Z 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 (tvigr appry 5k 6/ 1g) 2 DocuSign Envelope ID. 75DE7265-DAF34484-873B 4O098EEOSD26 II o . Non Appropriation : Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public fundi ng 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 tills Agreement, there 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 WHER.EOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER By : _ 13y : Department Director Ti 200 S . Cameron St. Otis Elevator P .O . Box 8181 PO Box 730400 Hillsborough , NC 27278 Dallas TX 75373 HAT THE TERMS AND CON <fI i ICPNS OF OUIj EX1S`t'INC. `AWWTENANCE A M;Q�� "DTI Q'6i`t i�4CT 'y :. �st x h I i I Rcviscd 10117 (Mgr appry 5k 6/ 19) 3 DocuSign Envelope ID: 75t3E7265-DAF34484-873B4009SEEOBD26 CUSTOMER NO , DATE INVOICE NO , 425390 09 / 17 / 18 TRD16303001 One Farah Springs Farmington , CT 06032 INVOICE AMOUNT DUE 599 . 31 PAYMENT DUE UPON RECEIPT MAIL PAYMENT TO : lie sii1l111111l t $ 11111111I16111111111Id11111r, III OTIS ELEVATOR COMPANY ORA GE COUNTY GOVERNMENT P . O . BOX 730400 ASSET hIGMT11SVCS PO DALLAS TX HILLBORN H NC 753730400 27278 ENCLOSE THIS COUPON WITH YOUR PAYMENT . MAKE CHECK PAYABLE TO ' OTIS ELEVATOR COMPANY . . . . . . . . . . . . . . . . . . . . . . . . x . : , . . .. . . . , . . . : . . . . . . . . . . . - - INVOICE DETACH RETURN DOCUMENT ALONG PERFORATION Y " r . " • • • • OTIS ELEVATOR COMPANY * * INVOICE CHARGES * = BUILDING REFERENCE CUSTOMER NO , DATE INVOICE NO , ORANGE COUNTY JUSTICE 425390 09 / 17 / 18 TRD16303001 106 E MARGARET LANE IIILLSBOROUGII NC 27278 DATE OF SERVICE : 09 / 11 / 18 CALLER NAME : CRYSTAL LONG/ OFC ASST , PROBLEM DESCRIPTION , ELV ? ( ONLY PUBLIC ) , NT SVRKG , NO PASS , NFI , ETA NDD , RTCB TUE WORK PERFORMED , CHECKED OPERATION COMPONENT : CAR IN SERVICE / CHECKED OPERATION MACHINE# F62558 CONTINUED ON NEXT PAGE ANY QUESTIONS CONCERNING THIS INVOICE , CONTACT OTIS AT : ( 919 - 781 - 1SS5j WE CERTIFY THAT GOODS WERE PRODUCED IN COMPLIANCE WITH ALL APPLICABLE REQUIREMENTS OF SECTIONS 6 , 7 AND 12 OF THE FAIR LABOR STANDARDS ACT , AS AMENDED , AND OF REGULATIONS AND ORDERS OF THE UNITED STATES DEPARTMENT OF LABOR ISSUED UNDER SECI` ION 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 ( I . 5 %) PER MONTE OR THE MAXIMUM RATE ALLOWED BY APPLICABLE LAW , WHICHEVER IS LESS , PAGE 1 USNCB DocuSign Envelope ID : 75DE7265-DAF34484 -573B 40098EEOBD26 CUSTOMER NO . DATE INVOICE NO . 425390 09 / 17 / 18 TRD16303001 one Farm Spring Farmington , CT 06032 INVOICE AMOUNT DUE 599 . 31 PAYMENT DUE UPON RECEIPT MAIL PAYMENT TO . 11 , , , 101 , 1 , OTIS ELEVATOR CO� fPANY RANGE COUNTY GOVERNMENT P . 0 . BOX 730400 SSggETpp ��{{MGMT SVCS DALLAS TX HOILLSBORUGH NC 753730400 27278 ENCLOSE THIS COUPON WITH YOUR PAYMENT . UAKE CHECK PAYABLE TO 4 OTIS ELEVATOR COMPANY INVOICE DETACH RETURN DOCUMENT ALONG PERFORATION OTIS ELEVATOR COMPANY - * * INVOICE CHARGES * * BUILDING REFERENCE CUSTOMER NO , DATE INVOICE NO . 425390 09 17 / 1 $ 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 CONCERNINC THIS INVOICE , CONTACT OTIS AT ; { 5I9 - 781 - I555 } WE CERTIFY THAT GDODS WERE PRODUCED IN COMPLIANCE WITH ALI _ APPLICABLE REQUIREMENTS OF SECTIONS 6 . 7 AND 12 OF THE FAIR LABOR STANDARDS ACT , AS MIENDED . AND OF REGULATIONS AND ORDERS OF THE UNITED STATES DEPARTMENT OF LABOR ISSUED UNDER SECTION } 4 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 IfALF PERCENT ( 1 ., 5% PER MONTH OR THE MAXIMUM RATE ALLOWED BY APPLICABLE LAW , IflICHEVER IS LESS , PAGE 2 USNCB DocuSign Envelope ID : 75DE7265 - DAF3 -A484 - 573S 4DD95EEOBD26 A COR OP� ( h1hUDDNyVJ 04120/2018 L T E . } E HC� tl a � � � � is THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY At ) C1 CONFERS fro R 6GHTS UPON THE CERTIFICATTE 14OLUER4 T L HS � CERTIFICATE DOES NOT AFFIRMATIVELY OR 14ECATIVELY AMEND , EkP TE10D OR ALTER THE COVERAGE AFFE� RVED zY TIDE POL.ICiES BELOW4 THIS CERTIFICATE OF INSURANCE GOES NOT CONS+TITU d E A CON - RACT sSETV EEW THE ISSUING INSURER (S ) , ALFi fva'0P1f ED P EPRESENTATIVE OR PRODUCER , ANDTHE CERTIFICATE HOLDER , IMPORTANT * Vt the cerE (`r1cato Holder Is an ADDITIONAL INSURED, tiro poHcy ( los) must have ADDITIONAL IN ' SUF> FD pdovislons or be rndorsed. If SUBROGATION IS Vt'Ao lVEUj subject to the terms and conditions cat' the pcl ( cy, certain policies may raqulire an endorsement . A statement can this certllic4MO does not coElfol' rights to the certiftate Golder In Ifou of such endorsomerd s . PRODUCER _--�--s--�—.--- CONTACT — MARSH USA INC. NAME : 20 CHURCH STREET PHONE t�rC N � HARTFORED, CT OS103 E4A1L onraEss : INSURER 5 AFF0RI3 (W l COVVP.AGE NAIL 0 IN5t) RER A Nertford Rre Imurance Company ' 9802 INSURED INSURER S :Nallonal Unlan Fire Insurance Company of Pllisbu Ir PA 1944b OTIS ELEVATOR COMPANY ONE FARM SPRINGS ROAD INSURER C :American Homa Assurance Company 19380 FARMINGTON , CT 06032 INSURER D :Nsw 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 CONTRACTOR OTHER -DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES , LIMITS SHOWN! MAY HAVE BEEN REDUCED BY PAID CLAIMS. OLICY EXP LTRR ADDL TYPE OF INSURANCE b POLICY NUMBER rULI ��r[fC EFF hpwzl LIMITS A X COMMERWAL GelEAAL LIAnILIT"Y 2GSETI0004 04l01I201E3 040V2019 1 ,QOQ,O00 EACH OCCURRENCE S CLAIMS-ME X OCCUR $24000 , 000 eneral aggregate per 300,000 � ,p �t PREMISES Ea oxcnwcs S �w 10 ,000,00 pDdicy general aggragale MED f corm parson $ 10 ,000 PERSONAL 8 ADd INJURY $ 1 ,0001000 NOTHEk- I AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2 ,000,000 POLICY � j� LOC. PRODUCTS - COMPIOPAGC S 2t000,Q00 I $ A AUTOMOBILE LIABILITY 02CSE110000 ( NO ) 04101I2018 04I01I2019 a eat 1 ,OD01000 2CSET10019 HI ) X ANY AUTO Hartford Underwriters Ins BODILY INJURY JPorperson) s BINNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per sccWant) $ HIRED NON�OWNIIPMPERTY D AUTOS ONLY AUTOS ONLY Per accfent� G $ $ A X UMBRELLA LIAB HXOCCUR 2HUTIIXI 1 04/0112018 041O1t2D1EI EACH OCCURRENCE S 10,OQ0 ,00Q EXCESS LJAS CLAIMS-MADE AGGREGATE 5 101000 ,04fl DED I I RETENTIONS B WDRKERS COMPENSA71ON CT WC (SIR 7 . 5MM) EX COV- 04/0112018 0410112010 X PER OTH- C AND EMPLOYERS` LIABILITY 656304 D ANY PROPRIETOR/PARTNEWEXECUTIVE YIN CA-015519205 E.L. EACH ACCIDENT $ 1 ,0001000 OFFICSRIMEMSEREXCLUDED ? a NIA FL-015519206, MA-015519212 (Mandatory In NH) MN-0155192013 MULTI -D15519204 E.L, DISEASE - EA EMPLOYEE S 14000,000 IIyes, describe under MULTI .015519 07 , MULTt- DESCRIPTION OF OPEf14TIONS below 1016519211 E-L, DISEASE • POLICY LIMIT $ 1 ,Q00, OQ0 5 S 5 S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 16i , Additional Remarks Schedule, may be attached It mare spats Is roqulrod) This cerllfEcate only applies to 100 EKING ST, 300 W TRYON ST - HUMAN SVC , 106 E MARGARET LANE , 125 COURT ST, COUNTY JAIL , 510 MEADOWLANDS DRIVE , 106 E MARGARET LAMS, 2551 HOMESTEAD ROAD, COURT AND KING STREETS , 301 W TRYON STREET, 200 S CAMERON STREET, 106 NASH & KOLLOCK ST TRD0801 SA. TRD08016Z CERTIFICATE MOLDER CANCELLATION SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE: THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS , Orange County AUTHOAIZEO REPRESENTATIVE PO Box 8181 Hillsborough , NC 27278 Page 1 of 1 p 1988 - 2015 ACORD CORPORATION . All rights reserved , ACORD 25 (20161U3 ) The ACORD name and logo are registered marks of ACORD