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HomeMy WebLinkAbout2019-902-E AMS - Warren Hay Justice facility HVACRevised 11/19 1 [Departmental Use Only] TITLE Justice HVAC FY 2019-20 ORANGE COUNTY CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 16th day of December, 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 Warren-Hay Machanical Contrs Inc (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: As per attached proposal dated November 1, 2019. The term of this agreement rendered shall be from 1/1/20 to 1/1/21 or renewed annually per proposal dated 11/1//19 (attached). 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 (as determined by the County) performed in accord with this Agreement. The amount to be paid by the County shall not exceed One Thousand Seven Hundred and 0/100 (plus tax), ($1,700 (plus tax)). 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 DocuSign Envelope ID: 1C76B5BC-4DDA-44DB-BD96-CB4A30946D50 Revised 11/19 2 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: To the extent authorized by North Carolina law 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. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 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: 1C76B5BC-4DDA-44DB-BD96-CB4A30946D50 Revised 11/19 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. Warren-Hay Mechanical Contrs Inc P.O. Box 8181 P.O. Box 818 Hillsborough, NC 27278 Hillsborough, NC 27278 DocuSign Envelope ID: 1C76B5BC-4DDA-44DB-BD96-CB4A30946D50        DocuSign Envelope ID: 1C76B5BC-4DDA-44DB-BD96-CB4A30946D50 WARREN - HAY Mechanical Contractors Inc. P. O. Box 818 - Hillsborough, NC 27278 919 732-4362 November 1, 2019 Orange County Asset Management P.O. Box 8181 Hillsborough, North Carolina 27278 Re: Service Agreement Proposal for HVAC Equipment located at 106 E. Margaret Lane Hillsborough, NC 27278 We propose to: Furnish all labor necessary to inspect and maintain the subject equipment for optimal operating conditions. Filters 1&2" pleated, belts, and the labor to change them are included in this agreement. Provide emergency service as needed between inspections at a reduced rate. Instruct you in the operation of equipment to provide for greatest operating efficiency. Give service contract holders preferential service over all other types of service activity normally undertaken by us. Inspect all equipment four times per year. The inspections include but are not limited to the following, depending upon season. Heating Season Preventive Maintenance Checklist • Talk with the customer • Visually inspect furnace • Remove and clean burners, if possible • Vacuum out burner compartment and heat exchanger • Visually inspect heat exchanger for safe operation • Clean flame sensor or inspect thermocouple • Clean and vacuum motor and blower compartment • Check blower motors and lube as needed • Replace air filters or chemically clean electronic air cleaner • Check and adjust thermostat • Check operation of all safety controls • Check flue for proper draft • Cycle unit through one complete heat cycle DocuSign Envelope ID: 1C76B5BC-4DDA-44DB-BD96-CB4A30946D50 • Check operation and amperage draw on units with electric heat packages • Startup and check humidifier, replace pad • Supply customer with written report Cooling Season Preventive Maintenance Checklist • Discuss with customer to see if there are any problems • Visually inspect equipment for refrigerant leaks • Check for clogged condenser coil • Check contactors and tighten electrical connections • Adjust tension on belt, replace periodically • Lubricate all motors • Replace air filters or chemically clean electronic air cleaner • Clean and vacuum motor and blower compartment • Visually inspect evaporator, if accessible • Clean out condensate drain line Test operation for condensate pump • Cycle A/C on and check charge in unit • Check and record all voltage and amperages on all motors and compressors • Algaecide treatment of condensate pan, if accessible • Supply customer with report You Agree To: Operate the subject equipment per instructions. Promptly notify us of any changes or unusual conditions of the subject equipment. Permit our personnel the use of your common building maintenance tools, such as ladders, etc. Permit only our personnel to work on the subject equipment. Exclusions: Cabinet, ductwork, water supply, and drain beyond the subject equipment proper. Relocation/replacement of the subject equipment will be done on a time and materials basis and is not included. Repair due to unexpected freezing. Work made necessary by the enforcement of government codes, building and union regulations. Wiring between indoor and outdoor units and the thermostat, external power wiring, circuit breakers and disconnects supplying electrical service for the units. DocuSign Envelope ID: 1C76B5BC-4DDA-44DB-BD96-CB4A30946D50 General: We shall furnish service starting the first of the month following receipt of payment and shall continue for one year. Without written notice by either party, this agreement renews automatically. During the fulfillment of this agreement, we shall take all reasonable precautions to avoid injury to such persons and damage to property. We shall not be responsible for system design or its performance in maintaining design conditions except through failure of equipment covered herein. Equipment List: (2) Package Gas/Electric Units (1) ERV Terms: Four inspections per year including filter changes, and annual belt change. Repairs will be billed separately at a reduced flat rate: $ 1,700.00 per year payable quarterly at $425.00 Sales Tax not included * Note: Price above is firm for a period of thirty (30) days. Your Acceptance: By: Title: Date: Option/Total Cost: Our Approval: By: Title: Date: DocuSign Envelope ID: 1C76B5BC-4DDA-44DB-BD96-CB4A30946D50 c DATE I MMfDDIYYYYI ACaR10 CERTIFICATE OF LIABILITY INSURANCE 1 212 81201 8 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 Ileu of such endorsement(s). PRODUCER CONTACT Crystal Ireland NAME: Business Insurers of Carolinas PHONE {91%968-4611 FAX (919)968-8991 AIC No Ext: AIC Nd 800 Eastowne Drive,Suite 208 AooREsS: cireland®business-insurers.com PO Box 2536 INS URER{SI AFFORDING COVERAGE NAIC 0 Chapel Hill NC 27515-2536 INSURER A: Acadia Insurance Company 31325 INSURED INSURER B: Bridgeffeld Casualty 10335 Warren-Hay Mechanical Contractors Inc INSURER C: Sheet Metal Duct Suppliers LLC INSURER D: PO Box 818 INSURER E: Hillsborough NO 27278 INSURER F: COVERAGES CERTIFICATE NUMBER: CL1 81 22824 327 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 ARID CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE INSD WVD POLICY NUMBER M POLICY MIDDIYYYY MMIDDIYYYY LIMITS x COMMERCIAL GENERAL LIABILITY 1,000.000 EACH OCCURRENCE S CLAIMS-MADE �OCCUR PREMISES Ea occurrence S 100,000 MED EXP(Any one person) S 10.000 A CPA4429328 12/31/2018 12J3112019 PERSONAL&AUV INJURY s 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000.000 �JC POLICY Eg JE a LOC PRODUCTS-COMP/OP AGG S 2,000,000 OTHER: $ I L AUTOMOBILE LIAB B NED N E LIMITILITY Ea accident) $ 1,000,000 x ANY AUTO BODILY INJURY(Per person) S A OWNED SCHEDULED CPA4429328 12J3112018 12/31/2019 BODILY INJURY IPeracddent) S AUTOS ONLY AUTOS x HIRED IX NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Par aaideM Endorsements $ X UMBRELLA LIAR X OCCUR EACH OCCURRENCE s 3,000,0DD A EXCESS LIAS CLAIMS-MADE CPA4429328 12/31/2018 12131/2019 AGGREGATE S 3,000,000 ❑ED F I RETENTIONS I $ WORKERS COMPENSATION x PER .x OTH- AND EMPLOYERS'LIA81LITV YIN STATUTE ER 500.000 B ANY CERIMEETORIPARTN0EDXECUTIVE NIA 0198-40173 12/3112018 12131J2019 E.L EACH ACCIDENT S OFF ICERIMEMBER ExGLU0E0? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE s 500.000 It yes,describe under 500.000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ LeasedlRented Equipment LIMIT $50,000 A Installation Floater CPA4429328 12/31/2018 12131/2019 LIMIT $500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES;ACCRD 101,Additional Remarks Schedule,may be attached If more space is requ Ire dl 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 Hillsborough NC 27276 �c7 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD