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Home My WebLink About2018-757 AMS - Otis Elevator service contract DocuSign Envelope 104. CCEi= 781 D-oB8Q-4A5E-BIAE.A9B2F77a9B42 [ Departmental Use Only] cis TITLE November Service Q � FY 18119 ORANGE COUNTY CONTRACT UNDER $ 5 , 000.00 NORTH CAROLINA TEIS AGREEMENT, made and entered into this 12th 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 Otis Elevator Company (the "Provider"), party of the second part; WITNESSETE: 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 ; November elevator service for- Justice, Jail, Whitted , ES , and Seymour. The term of this agreement rendered shall be from 11 / 19/2018 to 12/31 /201 & 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. SPECMC TERMS 1 . Payment: The County agrees to pay at the rates specified for Services satisfactorily ith this Agreement. The amount to be paid by the County shall not exceed Two performed in accord w Thousand Four Hundred Sixteen and Fourteen, ($2416 . 14). 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 Nan-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 Revised 10/ 17 (Mgr appry Sk 6118) 1 OocuSign Envelope 00 CCEE781D-68804A :') E- E1AE-A9B2F7789B42 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is I ncorporated herein by reference and may be viewed at http : /Iwww . orangecountync . goy/departments urchasing 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 leas 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 ' sTees) 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. T 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 : //wv1A1 . oran ec_ ount Mc . gov/departments/purcliasing 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 . 14746 , 68 . 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 appnv 51: 6/ 18) 2 lDocuSign Envelope ID : CGEE781D�8S804A5E-LfAE-A9B2F7789 ®42 10 . Pion Appropriation , Provider acknowledges that County is a govern mental 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 C® unty ' s obligations under this Agreement, [ lien 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 WHERE OF, Orange County and the Provider have signed this Agreement, effective as of the day first written above . 0 PP GE COUNTY PROBER Y * Byl Department Director Ti ?ew* 200 S . Cameron St . Otis Elevator Company P . O . Box 8 181 200 Perimeter Park Dr Ste A Hillsborough, NC 27278 Morrisville , NC 27560 OTIS ACCEPTS YOUR ORDER W1 T H THE UNDERSTANDING THAT THE TERMS AND CONv DITIONS OF OUR EXISTING MAINTENANCE AO t (c OTIS CONTRACT 4 SHALL GOVERN THE WORK Revised 10/ 17 (Mgr ❑ppry 5i: 611 g) 3 bocuSign Envelope 10 : CCEE781 fJ-6BSG 4A5E-1S9AE.A9B2a 778gB42 C6 TOMER MOM DATE INVOICE 0 . 425390 10/22/ 18 TRD080 I6ZB18 H C L4 , OUNTDUEON SERVICEC4NTiACT_ WO 1 Gina Poem spr'in� _.... Farmington , CT 06032 Enclose Thls Coupon With Your Payment . Mahe Check Payable Ta= OTIS ELEVATORCO,NUTANY Visll payment tW UBB 01 016446 68717 B 59 A 1 of ° slllo : 1 llool 1 lel o � n paqit III ORANGE COUNTY GOVERNMENT 09I 1g110 ' I ASSET MGMT SVCS OTIS ELEVATOR COMPANY PO BOX 8161 P . O , BOX 730400 HILLSBOROUGII MC 27278 - 8181 DALL.AS TX 3111511 , 11111111111111011111111 � � Atag ® � ° 1 � 1111 � 11111 � e1 � 0el1 ? Il � l 75373 � 0400 PLEASE SEM CORRESPONDENCE TO YOUR LOCAL OMCE AS SHOWN BELOW TRD08016Z ® 18 00002416lq DETACH RETURN DOCUMENT ALONG PERFORATION INVOICE OTIS ELEVATOR SEr.RV10E CONTRACT CHARGES 04J.S"fOMER NOa DAIE IN1L91915; MOK 425390 10/22 / 18 TRD08016ZB18 BUILDING TRD430271 ORANGE COUNTY CONTRACT TRD0 9016Z PO # : 1701331 - 00 _ ORANGE CNTY JUTICE BLDG , COUNTPY SAIL , 106 E MARGARET LANE , — OLD COUNTY AND HUMAN SERVICES , EMERGENCY SVC CTRI SEYMOUR CTR SERVICE FROM 11 / 01 / 18 TO 11 / 30 / 18 2 , 416 . 14 TOTAL CURRENT CHARGES DOE 2 , 416 . 14 : _ FOR ANY QUESTIONS CONCERNING THIS INVOICE , CONTACT OTIS AT : 1 - 919 - 781 - 1555 OR WRITE OTIS ELEVATOR 200 PERSMETER PARK DR STE MORRISVILLE NC 27560 { T 7�g Gp appU � � pP�AY�MENT DUE �UPON �pRECEIPT - PLEASE PAY $ PROMPTLY q p 12 �q }� py��DpAURED5p�AyCp7�, A5 �1t44Fp3J�QED AP oFPF GULAll10H5pA�N R RNO CE OF�TpH�E�U�NfrgEpgDpU5�1ATirS �GU (MM&PgpOMF 1�A{ E90pRAyS�S'UED UNUt�:AANSEC110 VIE RATE t�F OIdE AN GENE HALF P NTN(JIT .SY.} iff MGM O R TNE�PAUR1 RAi� ALLOWED 8Y APP CABiE LAW, WiilGii OfSEL1S OF THE INVOICE AT TNi= alr6 to 6 Page I of 1 DocuSicgn Envelope ID : CCEE7SID�6B8O4A5E- B1AE-A9B2F7789842 �,C40, R�) C � �c�Y E� fY�' r�� F LI �� `. .�� 0 �� 't� E � C � ; 6 � �� Df�TE (FAPIUOD(lW�p THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CER T IFIC b E HOLDER , THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EX[TrnND 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 , ANDTHE CERTIFICATE HOLDER * IMPORTANT : If the certificate holder Is an ADDITIONAL INSURED , the policy( les) roust have ADDITIONAL II'vSURED provisions ny he endorsed . If SUBROGATION IS WAIVED , subject to the forms and conditions of the policy, cerlaln policies may require an endorsement . A, Matement on tlrls certificate does not confer rights to the (mrllflcato holder In lieu rf such endorsemen4 s . PRODUCER — CORTACT MARSH USA INC. NAME: AX 20 CHURCH STREET PRONE arc No HAR7FORD, CT 06103 EmU1AIL ADDRESS : INSURER( 3) AFFORDING COVERAGE NAIC JV INSURERA , Hartford Flm insurance Companyo 19682 TISINSURED ELEVATOR COMPANY OINSURER a on AoUet Unlon Fire Insurance Company of Pittsbur h , PA 19446 TIS ONE FARM SPRINGS ROAD INSURER c :American Home Assurance Company 19380 FARMINGTON , CT 06032 INSURER O : New Hampshire Insurance Company 23841 ENSURER E UdSURER F : COVERAGES ---_-- — CERTIFICATE 14UMBER: 13TOCEZHT _ REVISION NUMBER . THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN tSSUED 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 . IN3R LTR TYPE OF INSURANCE POLICY NUMBER _ APAM EF t�MfDD P LIMITS A X 2C ET 0 DODl /201 04101 2019 1 ,400, 000 COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S _ CLAIMS-A1ADE OCCUR s260001000 anerai Aggregate par PRE MI UAMAGE1 En • ED s S 3G0,000 locaUordpro ct — 10 , 000500 policy general aggregate MED EXP Ary one person) S 10,000 PEPZONAL d ADV INJURY 3 1 , D00,040 GENt AGGREGATE LIMIT APPLIES PER; GENERAL AGGREGATE S 21000, 000 POLICY i ' • I JECT LOC PRODUCTS - COMPIOP AGG S 2 D00 000 OTHER: S A AUTOMOBILE LIABILITY 2 ) 04/01 /2018 04/01 /2019 ( Ea OWED s IT 1 ,Ot)0,000 2CSET10019 (HI ) X ANY MTO Hartford Underwriters Iris BODILY INJURY (Per psrson) S OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Parnodda-M) $ HIRED NONOWNEO 15140 S AUTOS ONLY AUTOS ONLY Pvr a�klsnt S A x UMBRELLALIAB )( OCCUR 2HUTlUD21 04/61 /2018 04101 /2019 EACH OCCURRENCE $ 14,0OO,ODO EXCESS LIA9 CLAIMS-MADE AGGREGATE S 10,ODO,OQO OED RETENTION S S B WORKERS COMPENSATION CT WC ( S► R 2.5MM)EX COV• 04/01 /2018 04/01 /2019 x PER OTH. C AND EMPLOYERS' LIARILfrY 85=4 D ANY PROPRIETORIPAITINERIEXECUTIVE YIN CA-D15519205 E .L . EACH ACCIDENT S 110001000 OFFICERIMEMBER EXCLUDED ? N ! A FL415519206 MA-015519212 (Mandatory In NH) MN-015519206 MULTI -015519204 EL. DISEASE - EA EMPLOYEE S 11000 ,04D If "so describe under MULTI -015519 07 ,MULT1 • DESCRIPTION OF OPERATIONS below i5519211 EL DISEASE - POLICY LIMIT S 1 ,040 , 004 S S S S DESCRIPTION OF OPERATIONS ILOCATIONS J VEHICLES (ACORD 101 , Addllional Remarks Schaduls, may bs attached If mover apses Is rsqulrad) This certificate only applies to 100 E KING ST, 300 W TRYON S I -HUMAN SVC, 105 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, 20D S CAMERON STREET, 106 NASH « KOLLOCK ST TRODa016A . TRD08016Z CERTIFICATE HOLDER 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 AUrNORLLEb REPRESENTATIVE PO Box 8181 Ag'& r lj 6 HHisbarough , NC 27278 Page 1 of t Q1988- 2015 ACORD CORPORATION . All rights reserved . ACORD 25 ( 2016103 ) The ACORD name and logo are registered marks of ACORD