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Home My WebLink About2019-390-E AMS - Siemens Cedar Grove Panel (1) DocuSign Envelope ID:8B33E7F9-56F2-4F51-A7E8-3B3F4ADFDA6D R os 4C D [Departmental Use Only] TITLE Cedar Grove Panel FY 2019 ORANGE COUNTY CONTRACT UNDER$5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 1 Ith day of June, 2019, ("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 Siemens Industry, Inc (the "Provider"), party of the second part; WITNESSETH: For the purpose and subject to the teens 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: Cedar- Grove Community Center--5800 Hwy 86 N- Panel was hung up when power was interrupted by a storm and would not reset from the face or buttonsand could not change in programming.when tried. Manually shut down main power and backup. Everything restored when powered back up. The term of this agreement rendered shall be from 6/24/2019 to 7/24/2019. 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 mariner 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 Seven Hundred Ninety Eighty and Eighty Cents, ($798.80). 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. Revised 12/18 1 DocuSign Envelope ID:8B33E7F9-56F2-4F51-A7E8-3B3F4ADFDA6D 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 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/purchasinp, division contracts, h }. If County's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here (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 i Risk Manager. 5. Indemni : The Provider agrees, withoutJ imitation,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. i 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. I I 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 j with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state is 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 littp://www.ai-angggountyne.gov/dep,,ii-ttiieiits/purchasing divisionlcontl-acts. 1> .). 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 i. 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 a may initiate binding arbitration. Any disputes shall be P party Y g 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 f Revised 12/18 2 I`. I: DocuSign Envelope ID:8B33E7F9-56F2-4F51-A7E8-3B3F4ADFDA6D such Iitigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. 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 WHE,REDF,Orange County and the Provider have signed this Agreement,effective as of the day fast written above. t+ rpo_cu`TATer2 CIRANG UocuSgnea ay: PROVIDER oacu Sig ned by: By. awa, pbVn � Vus i3iiDeparunei veczor Ttle: 6 'ig&f�fab r 200 S. Cameron St. Siemens Industry,Inc P.O.Box 8181 215 Southport Dr Suite 900 Hillsborough,NC 27278 Morrisville,NC 27560 Revised 12118 3 DocuSign Envelope ID:8B33E7F9-56F2-4F51-A7E8-3B3F4ADFDA6D SIEMENS Invoice FIRE Cust PO No Cust PO Uate Quotation No Invoice No Date i Allison Cooper 15445560690 06/11/2019 Sales Order No Sales Ord Date Lock Sax No Customer No 3801679477 06/07/2019 30148290 Page"1 of 2 Bill To: �T — — -- Sold To: Ship To: COUNTY OF ORANGE ,�. -� COUNTY OF ORANGE CEDAR GROVE COM{VIUNCTY ASSET MANAGEMENT SERVICES ASSET MANAGEMENT CENTER o- SERVICES 5800 NC HIGHWAY 86 N PO Box 8181 ,•ass Box 8181 HILLSSORdi]GH NC 27278$935 HILL.SBOROUGH NC 27278 j ti IJ HILL580ROUGH NC 2727e Remit check payments to: � Remit Incoming Wires To: Remit Incoming ACH's To: J SIEMENS INDUSTRY,INC. CIO Citibank(Bldg Tech) PO Box 2134 Carol Stream IL 60132-2134 Delivery#: Ship Date: INCO Terms:Costs and freight CarrieriRoute:Best Way COSTS AND FREIGHT Line Invoice Unit Total Item Material Nuniber/Description UIM Qty Price Price _ Service Order Humber: 6003725462 Y Building Name:Orange County-Cedar Grave Comm.Center 100 A71=55000007 Fi 1 4 166.00 664.001 Specialist-work normal time ECCN:EAR99 + Customer PO item#:0001OU Service Rendered: until i 200 A71`5500D061 PC 1 85.00 85.00 Trip Charge ECCN:EAR99 —� Customer PO item il:0002.00 , Service Rendered: until Notes: Issue: FIS Cedar Grove Center-panel beeping Customer reports the panel is beeping,and continuing even after the trouble has been cleared. k Resolution: I ' Delivery Mode:OPISITE Check In: Check Out,: Scope of Work: Reports List: Defclencies from reports: r DocuSign Envelope ID:8B33E7F9-56F2-4F51-A7E8-3B3F4ADFDA6D SIEMENS invoice FIRE Cust PO No Cust PC Date Quotation No invoice No Date Allison Cooper 5445560690 06/11/2019 i r Sales Order No Sales Ord-Date Lock Box No Customer No 3801673477 0610712019 30148290 Page,2 of 2 Node: Equipment Controlled: Are all Process Variables(Temps,Pressures etc.)Meeting Setpoint: Explain Findings,Recommendations and Resolution of Discrepancies: Terrance Covington-Panel was hung when power was interrupted by a storm,and would not reset from the face or buttons,and also could not change in programming when tried. I manually shut down main power and backup. Everything restored back to working order when powered back up. Contact:Customer Service Siemens industry,Inc. Raleigh-Durham Sates Office 215 Southport Drive Suite 900 Morrisville NC 27560 Phone:(919)469-5095 Fax:(919)469.9846 State Taxes 0.00 I State Taxes 31-54 's County Taxes 14.9-1 District_Taxes 3.32 r I I I I { I t i 1 I f f Total Wt.: 0 KG Currency:tl50 Invoice Total: 798.80 k Our preferred payment method is ACHIEFT funds transfer,tot lowfed by cl1ack subrfritted to our remit to address listed above•,We I can also accept credit card payment but ask you to set up ACKIEFT for repeat business.Our Dunn and Bradstreet#is 01-094-4660 f Payment Terms:Net Due 30 Days Net Due By:0711 1/201 9 k -mes@Ae ere m&ro Ud ey�U.S.c%� (r ,%tw lehrdod-wn'ECCttvrea"'l).r:d1 ,1miud V pion ono terra MrIrV eru"rrro&A,2�q W—by rrerprmscorc g— hac+ore-5flo.Ihoyauynu bekk V—reaed,ereh""aswsoaor,loe�v .her co"orwe ae -Or-9-04 4Xr Dev-ead rnagel,er.r iriuyr ongrr!u were o rq xv Wdo d14D 06 rrem:.w0u4 ar"3 nkUrjm mpmvi fom No U.S.co tar es marwss&ffome by us i sere regsmms.¢sere Wbr WM'A r+wvY,w.0#-t0Eu p—,�e'".. ., �evrsric,euL'W.Wr,Deno W hr ITCCH W w L"•pl ax5aa 11F..a+l.arson,m Vrogif-"a elan bne regp Ra era,erloss dororeeq m oo erg yea--.or ns oedrim ! yF 'We hereby ceddy That These goods were prodw:ad In sacpeanoe Qh A the appllcahle requtremer4s of Sectfon B,7,arld V of the Falr Labor Slakards Acl,as amended,and mqA tlons and orders of Iha Wad Slatea DeparlmeM of� G labor Issued under soon 14.Iheraef-" For. nl to CaERKAa,'9isplays exce*d Lr "include the a•Waste recycle lee up to S 10 per Ilem. _ •,__••_ DocuSign Envelope ID: DAFC7BCO-27FF-4433-AC79-DA33894C5C89 HATE(MMIDDIYYYY) AcvRD� CERTIFICATE OF LIABILITY INSURANCE fl911912018 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 MARSH USA,INC. NAME: PRONE 445SOUTH STREET FAX o MORRISTOWN,NJ 07960-6454 EMAIL ADDRESS: _ INSURE%S AFFORDING COVERAGE NAIC 4 100129-SBT--18119 228 Rentas NOC60 INSURER A:HDI Globai Insurance Company 41343 INSURED INSURER R:Travelers Pr Casualty Co.of America 25674 SIEMENS INDUSTRY,INC. BUILDING TECHNOLOGIES INSURERS:The Travelers Indemnity Co an 25658 1000 DEERFIELD PARKWAY INSURER D BUFFALO GROVE,IL 60089 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: NYC-009196547-11 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. TYPE OF INSURANCE ADDL SUPOLICY EFF POLICY EXP LTR D POLICY NUMBER MMIDDIYYYY1 (MMIDDIYYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY GLD11101-i0 1010112018 1010112019 EACH OCCURRENCE S 1,000,000 DA GE TO RENTER CLAIMS-MAOE I X J OCCUR PREMISES Ea9c% enoe $ 1,000,000 -- - MED E]P[AM— ersan $ 100,000 PERSONAL s ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 10,000,000 X POLICY❑IE° LOC PRODUCTS-COMPIOPAGG $ INCL OTHER: $ B AUTOMOBILE LIABILITY TC2J-CAP-7440L34A-18 10/0112018 10/01/2019 CEe accOMBINED SINGLE LIMITidenl $ 2,000,000 _ X ANY AUTO BODILY INJURY(Per person) $ NIA X OWNED SCHEDULED BODILY INJURY(Per accident) $ ITA AUTOS ONLY AUTOS _ X HIRED x NON-OWNED PROPERTY DAMAGE $ --NIA AUTOS ONLY AUTOS ONLY sccidenl UMBRELLA LIAR OCCUR I EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DEp I I RETENTION S $ B WORRERSCOMPENSATION TC2J-UB-8049X508.18(ADS) 1010112018 I0112019 X STA U E ERH _ C AND EMPLOYERS'LIABILITY YIN TRK-UB-8049X51A-18{AZ,MA,OR,WI} 101OW018 10MI2019 -- - ANYPROPRIETORIPARTNERIEXECUTIVE E-L-EACH ACCIDENT $ 1,000,000 B OFFICE ERE](CLUDED7 NIA TWXJ-UB-744OL338.18 OH&WA 118 10101/2019 (Mandalury wy in in NH) � � 0101I20 E.L-DISEASE-EA EMPLOYEE $ 1,000,000 II yes,describe under "'°"'$540K LIMIT I$500K SIR—,, 1,000,000 DESCRIPTION OF OPERATIONS below E-L-DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IACORD 101,AddillataI Remarks Schedule,in ay be attached I more space Is requl red I RE:JOB NO.NIA SEE ATTACHED CERTIFICATE HOLDER CANCELLATION COUNTY OF ORANGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ASSET MANAGEMENT SERVICES THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN M NO HIGHWAY 86 N ACCORDANCE WITH THE POLICY PROVISIONS. HILLSBOROUGH,NO 27278 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee --NNko,%A-o at C 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(21316103) The ACORD name and logo are registered marks of ACORD