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HomeMy WebLinkAbout2019-525-E AMS - Duct Doctor unit cleaningRevised 12/18 1 [Departmental Use Only] TITLE Duct Cleaning FY 19-20 ORANGE COUNTY CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 1st day of August, 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 Duct Doctor USA of Charlotte (the "Provider"), party of the second part; W I T N E S S E T H: 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: Remove debris that have accumulated inside of (2) Air Handler Units for West Campus Office Building per Proposal Duct Doctor File No. 131WCOB072219, and Remove debris that have accumulated inside the 50-Ton Roof Top air handler unit per Proposal Duct Doctor File No. 2015OCHD072219. The term of this agreement rendered shall be from August 1, 2019 to September 30, 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 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 Four Thousand Two Hundred Dollars, ($4,200.00). 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. DocuSign Envelope ID: 92842175-D00A-4311-B062-209FFA3A94C8 Revised 12/18 2 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/purchasing_division/contracts.php). If County’s Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here N/A (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. Indemnity: 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 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 http://www.orangecountync.gov/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 DocuSign Envelope ID: 92842175-D00A-4311-B062-209FFA3A94C8 Revised 12/18 3 such litigation 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 WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER By: _________________________ By: _________________________ Department Director Title: ________________________ 200 S. Cameron St. Duct Doctor USA of Charlotte P.O. Box 8181 8508 Park Road #128 Hillsborough, NC 27278 Charlotte, NC 28210 DocuSign Envelope ID: 92842175-D00A-4311-B062-209FFA3A94C8       Duct Doctor 919-822-2218 Matt Campbell 1100 Logger Court, Bldg G Suite 103 919-319-3333 matt.campbell@ductdoctor.com Raleigh, NC 27609 www.DuctDoctorRaleigh.com America’s No. 1 Air Duct Cleaner PROPOSAL / WORK AUTHORIZATION July 22, 2019 Orange County Health Department 2501 Homestead Rd Chapel Hill, NC, 27516-9087 Attn: Dustin Bryant Re: Health Dept Rooftop Unit – Cleaning Duct Doctor File No. 2501OCHD072219 SCOPE OF WORK To remove debris that has accumulated inside of the 50-ton rooftop air handler in accordance with specifications. This shall include all accessible internal surfaces of 50- ton rooftop unit’s air chambers. Apply non-toxic botanical fungicide treatment PROPOSAL Duct Doctor proposes to provide all labor, equipment and materials to clean the 50-ton rooftop unit atop building listed above. All workers have been trained and supervised by a NADCA CERTIFIED AIR CLEANING SPECIALIST. Price to clean: $2,250.00 Matt Campbell, ASCS General Manager Duct Doctor USA of Raleigh *This quote good for 90 days. ACCEPTANCE AND ACKNOWLEDGMENT OF PAYMENT TERMS ACCEPTANCE & WORK AUTHORIZATION: TERMS: Net 30 FIRM: ______________________________ BY: DATE ACCEPTED: _______________________ SPECIFICATIONS FOR DUCT CLEANING DocuSign Envelope ID: 92842175-D00A-4311-B062-209FFA3A94C8 Duct Doctor 919-822-2218 Matt Campbell 1100 Logger Court, Bldg G Suite 103 919-319-3333 matt.campbell@ductdoctor.com Raleigh, NC 27609 www.DuctDoctorRaleigh.com Equipment and Workmanship: The vacuum unit is to be located outside the building it shall be a truck mounted unit pulling at least 10,000 CFM. Portable Equipment maybe used in Mechanical Room and other areas not efficiently accessible by truck mounted system. The compartments shall be dust tight. Air compressor must produce a minimum of 175 PSI at 17.5 CFM. All work shall be accomplished by workmen skilled and trained in HVAC system cleaning and supervised by NADCA Certified Air Systems Cleaning Specialist (ASCS). Air Handling Unit: All accessible internal surfaces will be vacuumed and cleaned with compressed air. Where appropriate surfaces will be wiped down with antimicrobial cleaner. Coil Cleaning: Coils shall be cleaned using a non-acid coil cleaner sprayed onto the coil and forced into the coil using air pressure, then flushed out using a pressure washer. There shall be no residue of coil cleaner left in the system. Fans: Fan shall be cleaned by using 200 P.S.I. air pressure and an air nozzle designed for that purpose. Each blade of the fan shall be cleaned individually using care not to disturb any balancing weights. Filters: All disposable filters will be replaced. Non-disposable filters will be cleaned. Anitmicrobial: Botanical Disinfectant Registered by EPA will be applied via fogger. Benefect® Broad Spectrum Disinfectant EPA Registration No.: 84683-1 Kills Over 99.99% of Germs, Virucidal (HIV-1), Bactericidal (Including MRSA), Fungicidal, Tuberculocidal, Made from Plant Extracts, Pleasant Aromatherapeutic Vapors, No Synthetic Fragrances, Dyes or Bleach No Cautions/Warnings on The Label or MSDS Sheets. DocuSign Envelope ID: 92842175-D00A-4311-B062-209FFA3A94C8 Duct Doctor 919-822-2218 Matt Campbell 1100 Logger Court, Bldg G Suite 103 919-319-3333 matt.campbell@ductdoctor.com Raleigh, NC 27609 www.DuctDoctorRaleigh.com America’s No. 1 Air Duct Cleaner PROPOSAL / WORK AUTHORIZATION July 22, 2019 West Campus Office Building 131 W Margaret Lane Hillsborough, NC 27278 Attn: Dustin Bryant Re: Cleaning 2 HVAC Units Duct Doctor File No. 131WCOB072219 SCOPE OF WORK To remove debris that has accumulated inside of 2 air handlers (of 4 in building) in building in accordance with specifications. This shall include all accessible internal surfaces of each unit’s air chambers. Apply non-toxic botanical fungicide treatment. PROPOSAL Duct Doctor proposes to provide all labor, equipment and materials to clean the 2 units in the building listed above. All workers have been trained and supervised by a NADCA CERTIFIED AIR CLEANING SPECIALIST. Price to clean: $1,950.00 Matt Campbell, ASCS General Manager Duct Doctor USA of Raleigh *This quote good for 90 days. ACCEPTANCE AND ACKNOWLEDGMENT OF PAYMENT TERMS ACCEPTANCE & WORK AUTHORIZATION: TERMS: Net 30 FIRM: ______________________________ BY: DATE ACCEPTED: _______________________ SPECIFICATIONS FOR DUCT CLEANING DocuSign Envelope ID: 92842175-D00A-4311-B062-209FFA3A94C8 Duct Doctor 919-822-2218 Matt Campbell 1100 Logger Court, Bldg G Suite 103 919-319-3333 matt.campbell@ductdoctor.com Raleigh, NC 27609 www.DuctDoctorRaleigh.com Equipment and Workmanship: The vacuum unit is to be located outside the building it shall be a truck mounted unit pulling at least 10,000 CFM. Portable Equipment maybe used in Mechanical Room and other areas not efficiently accessible by truck mounted system. The compartments shall be dust tight. Air compressor must produce a minimum of 175 PSI at 17.5 CFM. All work shall be accomplished by workmen skilled and trained in HVAC system cleaning and supervised by NADCA Certified Air Systems Cleaning Specialist (ASCS). Air Handling Unit: All accessible internal surfaces will be vacuumed and cleaned with compressed air. Where appropriate surfaces will be wiped down with antimicrobial cleaner. Coil Cleaning: Coils shall be cleaned using a non-acid coil cleaner sprayed onto the coil and forced into the coil using air pressure, then flushed out using a pressure washer. There shall be no residue of coil cleaner left in the system. Fans: Fan shall be cleaned by using 200 P.S.I. air pressure and an air nozzle designed for that purpose. Each blade of the fan shall be cleaned individually using care not to disturb any balancing weights. Filters: All disposable filters will be replaced. Non-disposable filters will be cleaned. Anitmicrobial: Botanical Disinfectant Registered by EPA will be applied via fogger. Benefect® Broad Spectrum Disinfectant EPA Registration No.: 84683-1 Kills Over 99.99% of Germs, Virucidal (HIV-1), Bactericidal (Including MRSA), Fungicidal, Tuberculocidal, Made from Plant Extracts, Pleasant Aromatherapeutic Vapors, No Synthetic Fragrances, Dyes or Bleach No Cautions/Warnings on The Label or MSDS Sheets. DocuSign Envelope ID: 92842175-D00A-4311-B062-209FFA3A94C8 DocuSign Envelope ID:92842175-DOOA-431 1-B062-209FFA3A94C8 Ar ® DATE(MMrDDrYYYY} `� CERTIFICATE OF LIABILITY INSURANCE 0712 312 01 9 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- It 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 peter Moon NAME: The Whitlock Group Inc PHc°Mp Ex {678}906-2008 FAX AIC No; (855)906-2012 3300 Breckinridge Blvd Ste 200 E-MAIL s pmoon@twgins.net ADDRE INSORER(S)AFFORDING COVERAGE NAIC Al Duluth GA 30095 INSUReRA: Selective Insurance Company ofArnerica 12572 INSURED INSURER B: Wesco Insurance Company 25011 DUCT DOCTOR USA OF CHARLOTTE LLC DBA:DUCT DOCTOR INSURER C: 8508 PARK RD.SUITE 128 INSURER D: INSURER P: CHARLOTTE NC 28210 INSURERF' COVERAGES CERTIFICATE NUMBER: CL1912902326 REVISION NUMBER; THIS 15 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 C0NDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AL1111,5UBR POLICY EFF POLICY EYP LIMITS LTR TYPE OF INSURANCE INS❑ WVD POLICY NUMBER MMIDOffYYY MMIODIYYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s 1.000,000 GE TO ENTEO 500,000 CLAIMS-MADE X OCCUR PREMISES Ea occurrence) $ MED EXP(Any one person) S 15,000 A Y Y S 2216041 02/1512019 02/15/2020 PERSONAL&ADV I NJ U RY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE S 2,000,000 POLICY F; -i PRO. ❑LOC PRODUCTS-COMP+OPAGG $ 2,000,000 JEC7 OTHER, $ Ail TOM OBILE LIABILITY COMBINED SINGLE LIMIT S 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) S A OWNED SCHEDULED Y Y S 2216041 02/15/2019 02/15/2020 BODILY i NJ U RY(Per aecidenl) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident 5 X UMBRELLA LIAR OCCUR EACH OCCURRENCE 5 2,000,000 A EXCESS LIAR HCLAIMS-MADE Y Y S 2218041 02/15/2019 02/15/2020 AGGREGATE 5 2,000,000 DIED I X RETENTION S 10,000 5 WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN X STATUTE I I ER A N Y PROPRI ETOR7PARTNERIEJ(ECUTIVE E.L.EACH ACCIDENT 5 500,000 B OFFICERWEMBER EXCLUDED? � NIA Y VWUC3393983 02/15/2019 02/15/2020 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE 5 50Q,QD0 If yes,descA be under 500,DD0 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 5 DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schadufe,may be attached If more space Is required) {See attached Comments/Remarks page for coverage details} CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Orange County ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 8181 AUTHORIZED REPRESENTATIVE Hilfsborough NC 2727 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016ID3) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:92842175-DOOA-4311-13062-2091FWA94C8 AGENCY CUSTOMER Ill: 00000443 ­­11414 LOC#: ACCARe ADDITIONAL REMARKS SCHEDULE Page of `� AGENCY NAMED INSURED The Whitlock Group Inc DUCT DOCTOR USA OF CHARLOTTE LLC DBN(DUCT DOCTOR CHARLOTTE POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 30 FORM TITLE: Certificate of Liability Insurance:Notes *Blanket Additional Insured status is provided for General Liability(on-going and completed operations)and Automobile Liability on a primary and non-contributory basis when it is required by a Written Contract with the Named Insured.Any additional insured on General Liability and Automobile Liability is also an additional on Umbrella, "Blanket Waiver of Subrogation in favor of the additional insured applies to all coverage when it is required by a Written Contract with the Named Insured. Cancellation Notice:15 days prior to Cancel date for non-payment of premium and 30 days prior to cancel date for any other reason per State of North Carolina cancellation rules. *A.M.Best Rating Selective Insurance Company of America:AI xllf Wesco Insurance Company:A 1 XIII ACORD 101 J20D8101) C 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD