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Home My WebLink About2019-560-E AMS - Siemens Industries Library chiller DocuSign Envelope ID:507D9E2F-FB6E-4E76-877E-AC5BC90428B3 os [Departmental Use Only] av TITLE Library Chiller FY 2020 ORANGE COUNTY CONTRACT UNDER$5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 20th 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 Siemens Industry, Inc (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 and/or construction (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Library-137 W Margaret Lane- Chiller not running. Replaced bad flow sensor. The term of this agreement rendered shall be from 7/30/2019 to 8/30/2019. 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 One Thousand Twenty Seven and Twenty Cents, ($1027.20). 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 Revised 12/18 1 DocuSign Envelope ID:507D9E2F-FB6E-4E76-877E-AC5BC90428B3 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 (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 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://www.oran ec�ounlync. og v/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 such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. Revised 12/18 2 DocuSign Envelope ID:507D9E2F-FB6E-4E76-877E-AC5BC90428B3 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. ORA1 t-U rnrrNrry PROVIDE UocuSigned by: UocuSigned by: 5�.�. Qvw.� ( �,iws By.— 2DCt9CCt6681844C5. D By: CE2186�A3CF04CE. eparLmen> Director Title: Branch Manager 200 S. Cameron St. Siemens Industry,Inc P.O. Box 8181 215 Southport Dr Suite 900 Hillsborough,NC 27278 Morrisville,NC 27560 Revised 12/18 3 DocuSign Envelope ID:507D9E2F-FB6E-4E76-877E-AC5BC90428B3 SIEMENS Invoice HVAC Cust PO No Cust PO Date Quotation No invoice No Date DUSTIN BRYANT 6445628987 07/30/2019 Sales Order No Sales Ord Date Lock Box No Customer No 3801705802 07129/2019 30148290 Pagel Of 2 Bill To: Sold To: Ship To: COUNTY OF ORANGE COUNTY OF ORANGE ORANGE COUNTY PUBLIC ASSET MANAGEMENT SERVICES ASSET MANAGEMENT SCHOOLS SERVICES 137 W MARGARETLN PO Box 8181 PO Box 8181 HILLSBOROUGH NC 27278 HILLSBOROUGH NC 27278 HILLSBOROUGH NC 27278 Contad Person:Alison Copper Remit check payments to: Remit Incoming Wires To: Remit Incoming ACH's To: SIEMENS INDUSTRY,INC. Citibank New York Citibank New York CIO Citibank[Bldg Techy 111 Wail St.New York,NY 10043 USA 111 Wall St.New York,NY 10043 USA PO Box 2134 ABA#021000089 SWIFT Code:CITIUS33 ABA#021000089 Carol Stream IL 60132-2134 Account#30824211 Account#30824211 Credit Siemens Industry Inc-BT 14433 Credit Siemens Industry Inc-BT 14433 Payment for Invoice#5445628987 Payment for Invoice#5445628987 Email Detailed Remittance advice to Email Detailed Remittance advice to bfgarwires.us.sbt@slemens.com bfgarwires.us.sbt@siemens.com Delivery#: Ship Date: ]NCO Terms:Costs and freight CarrierlRou to:Best Way COSTS AND FREIGHT Line Invoice Unit Total Item Material Number0escrl tion Ulm Qty Price Price Service Order Number: 5003780996 h Building Name:Orange County Public Library 100 ATF55000016 H 4 120,00 480.00 Mechanic-work normal time ECCN:EAR99 Customer PO item#:000100 Service Rendered: until 300 A7F55000061 PC 1 75.00 75.00 Trip Charge ECCN:EAR99 Customer PO item#:000300 — a Service Rendered: until 400• A755000050 ROL 1 472.20 472.20 3rd party material ECCN:EAR99 Customer PO item#:000400 Notes: Issue: MSS ORANGE CO CHILLER NOT RUNNING Resolution: Delivery Mode:ONSITE On arrival check in with customer,check chiller,found low flow.Check pump and strainer.found bad flow sensor,will order DocuSign Envelope ID:507D9E2F-FB6E-4E76-877E-AC5BC90428B3 SIEMENS invoice HVAC Cust PO No Cust PO Date Quotation No Invoice No Date ❑USTIN BRYANT 5445628987 07/30/2019 Sales Order No Sales Ord pate Lock Box No Customer No 3801705802 07/29/2019 30148290 Page 2 of 2 for customer. Contact:Customer Service Siemens Industry,Inc. Raleigh-Durham Sales Office 215 Southport Drive Suite 900 Morrisville NC 27560 Phone:(919)469-5095 Fax:(919)4$9-9846 State Taxes 0.00 _ State Taxes 45.23 _ County Taxes 21.43 District Taxes 4.76 i V Total Wt.: 0 KG Currency:USD Invoice Total: 1.098,62 ❑ur preferred payment method Is ACHIEFT funds transfer,followed by check submitted to our remit to address listed above.We can also accept credit card payment but ask you to set up ACHIEFT for repeat business.Our Dunn and Bradstreet#is 01-0944650 Payment Terms:Net Due 30 Days Net Due By:0812 9120 1 9 'meaehemwamn dbyd.U&OusrmemIw.n Lt bd w6F'ECCW nrpd'H'}and FNwkod for looaod wYy b Mw*y of M6 disfnafonfw leer by Mwknsb cm yneencrWear[al RVWnIueM6ed TWFWMererw1,fsnrern4nr oewrlce6yased a,n q doer_e y yr berry Grson over Fan Fo.R dmu.4R ouWaAee low la Feb at*A form w Aw WK kb*Wu Whd]atW IW e,VOWA k1t*hhW"RWa us-sow err m ebar wFstred by u.s bxand rep�1p lvucld WNF AL' u 'W bn cu�ac[b Evro I emwt.6W Son rare wmd bb.e rM"AL-W I'ECCRM pr kWAL90C9Wf'ECC-W 4XMr q�MdH-~-6 hen nep�sTa9rese4—d%Vm Fe rM Men1-s Ve hereby certify that Ihase goods were produced kn crnlp&anoa withal Iho apple W mglAmiwls of Secllon 5,7,and 12 of the Fak Labor Slandards Ael,as amended,and repulalfons and modem of Um Wed Slates 0 partmerd of Lahvr ISSued WidaL SeG1on 14,IheiBef.' Fvr ehl rd le Gaifornla,'flue ye a>tpaeeing d'leckfde Iha a-Wash recycla fee up to Sig per item gr{[ IG. tl p DocuSign Envelope ID:507D9E2F-FB6E-4E76-877E-AC5BC90428B3 Allison Coo er From: Paul Sorrell Sent: Wednesday, August 14, 2019 2:28 PM To: Allison Cooper Subject: Invoice clarification Invoice#5445628987 This Invoice was due to an emergency repairto the library. The cooler interlock switch failed.This caused the Chiller to shut down and the space to heat to over 82 degrees.The library closed for 2 days due to unavailable parts. If you have any questions please let me know. Paul SorreJJ 01rMwe County FacJStIFev Mauxtemwee Manager &XV 24"63= Would you like to know what to expect from your maintenance team? WE INVITE YOU TO VIEW OUR FACE'S PAGE FOR INFORMATION.. 1 DocuSign Envelope ID:507D9E2F-FB6E-4E76-877E-AC5BC90428B3 Ac7 ® HATE(MMIDDIYYYY)vRD CERTIFICATE OF LIABILITY INSURANCE o9119R018 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 Global 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 GLD11101.10 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 pW1IED SCHEDULED BODILY INJURY(Per accident) $ WA 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 I0112O19 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) � � O101I20 E.L-DISEASE-EA EMPLOYEE $ 1,000,000 II yes,describe under "'°"'$500K 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 600 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(20 6103) The ACORD name and logo are registered marks of ACORD