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HomeMy WebLinkAbout2020-058-E AMS - FESS Skills Development sprinkler repairRevised 11/19 1 [Departmental Use Only] TITLE SDC Sprinkler Repair FY 2020 ORANGE COUNTY CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 29th day of January, 2020, (“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 FESS Fire Protection (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: provide labor, material, parts and travel to repair sprinkler system at 503 W Franklin Street, Skills Development Center, Chapel Hill NC, as described in provided quote of 09/04/2019, and as follows: replace fire sprinkler escutcheon plates and rebuild 3/4" fire line backflow. The term of this agreement rendered shall be from September 4, 2019 to March 15, 2020. 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 four hundred seventy five dollars, ($475). 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: 449DBD33-377D-4DF5-8E74-EE9E131455B5 Revised 11/19 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 (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. DocuSign Envelope ID: 449DBD33-377D-4DF5-8E74-EE9E131455B5 Revised 11/19 3 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. 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. FESS Fire Protection P.O. Box 8181 PO Box 1307 Hillsborough, NC 27278 Morrisville, NC 27560 DocuSign Envelope ID: 449DBD33-377D-4DF5-8E74-EE9E131455B5  DocuSign Envelope ID:449DBD33-377D-4DF5-8E74-EE9E131455B5 ." V RALEIGM-DURMAM FESS 1.31 InlrrurrGrnttrll]ril r Rlvlrisville,NC27560 (o)919-469.8099 FIRE PROTECTION odor-35aw10 NC Slale License Nuinber 25532 PROPOSAL PROPOSAL SUBMITTED/B€LL€NG PHONE DATE Asset Management Services Orange County (919)245-2625 09/04/2019 STREET FAX PO BOX 8181 CFY,STATE,ZIP CODE JOB NAME Customer A�W Hillsborough,NC 27278 Skills Center 21-382 ATTENTION/EMAIL JOB LOCATION Allison Cooper-Acooper@orangecountvnc.eov 131 West Margaret Lane-Hillsborough NC 27278 WE HEREBY SUBMIT ESTIMATE FOR BELOW SCOPE OF WORK PER NFPA-25: 1. Replace(2)fire sprinkler escutcheon plates........................... .......................................... $ 90.00 2. Re-build(1)3/0 fire line backf low......................................................................................... 3$5.00 TOTAL $475.00 W E PRO POSE HEAERY To FURNISH MATERIAL AND LABOR-COMPUTE IN ACCORDANCE W ITN THE ABOVE 5P ECIFICAT ION,FOR THE SUM OF: Four Hundred Seventy-Five Dollars All work listed above must be accepted and scheduled for the same date to maintain the proposal pricirlr� Qualifications: The Owner/Owner's representative shall place alarm systems on test and restore upon completion of work Exclusions: 1. Any additional work not specifically listed above 2. Over Time and/or After-Hours Costs 3. Man Lifts($825.00) 4. State Labor& Material Safes Tax 5. Fire Pumps 6. Hydrants 7. Forward flow of backf low assemblies B. Attic areas a division afCommereial Services,Inc.I Ivmvfessinc.nel SUPPRESSIONFIRE EXTINGUISHERS I SPRINKLER I CHARLOTTE • RALEIGH-DURHAM • WINSTON-SALEM • GREENSBOR❑ • CHARLESTON DocuSign Envelope ID:449DBD33-377D-4DF5-8E74-EE9E131455B5 RALEIGH I-!AM 131 lr+ternattonalDriva!lJrire v4, ,TFESS hiCuris0k,NC27360 (a)91aa6 FIRE PROTECTION or8oa.35ozo4o NC State License Number 25532 PAYMENT THE ENTIRE AMOUNTOF CONTRACTTO BE PAID WITHIN 30 DAYS AFTER COMPLETION. NOTE:THI5 PROPOSAL MAY BE WITHORAWN BY US IF NOT ACCEPTED WITHIN 30 DAYS. ALL MATERIAL IS GUARANTEED TO BE AS SPECIFIED-ALL WOR K TO BE CCMPILMO IN A WORKMAN LIKE AIIT34DRIZED MANNER ACCORDING TO STANDARD PRACTICES.ANY ALTERATION OR PENATION FROM THE AROVE SPECIFICATION INVDLIRNG EXTRA COSTS VALE BE EXECUTED DAY UPON WRIT EN ORDERS,ANP WILL y BEWME AN EXTRA CHARGE OVER AND ABOVE THE ESTIMATE.ALL AGREEMENTS CONHNGENF UPON SIGNATURE I STRIKES,ACCIDENTS OR DELAYS BEYOND OUR CONTROL-OWNER TO CARRY FIRE,TORNADO AND OTHER NECESSARY INSURANCE.OUR WORKERS ARE FOLLY COVERED BYIVORKMEWS OO PENSATION INSURANCE. Theresa galley IF PAYMENT FOR WORK PROVIDED IN THIS PROPOSAL IS NOT PAID WHEN PILE,CUSTOMER AGREES TO PAT ALL COPS OF COLLECTION INCLUDING ATTORNEYS FEES Service Sales Rep PLEASE NOTE:RECOMMENDE❑NOTED ON THE INSPECTION REPORT WILL REQUIRE A SITE VISIT AND A SEPARATE PROPOSAL. ACCEPTANCE OF PROPOSAL THE ABOVE PRICES SPECIFICATIONS AND CONDITIONS ARE SATISFACTORY AND ARE HEREBY ACCEPTED.YOU ARE AUTHORIZED TO DO THE WORK AS SPECIFIED.PAYMENT WILL BE MADE AS OU TUNED ASOVE.E Or ACCEPTANCE SIGNATURE TITLE Additional proposed inspection services such as but not limited to Annual Fire BacIgow Forivard Flow, 5-Year Internal Iravesti anon 5-Year alarm valve obstruction investigation,anon 5-Year H drosiatic rest wT FDC i In 5-Year internal FDC check valve iris ecriorr 5-Year Stand i e internal i e absrr rrcriorr irTves(i a[ioit 5-Year Stand i FloTv Test 3-Year air leak rest 10 20 50- ear old fire s rinkler head test etc...jre re aired er local slate and NFPA-25 Code. Fess Fire Protection Inspectors make no recommendations for system improvements during an NFPA-25 inspection,only listing deficiencies that are currently required by code to be corrected to the best of his or her knowledge at the time of inspection.You may receive an addendum to the report,this is not be considered part of the NFPA-25 report. Deficiencies Found During the Annual Fire Sprinkler Inspection 06/27/2019 Skills Center-503 West Franklin Street-Chapel Hill NC 27516 Couldn't turn PIV,appears to be open.(We will5ee if we can get to free lip) No 5-Year inspection tag found. Gauges are outdated. IN ROOM 125 RESTROOM:Missing(1)chrome recessed plate.(old central style). FRONT MEN'S RESTROOM: Missing(1)chrome recessed plate.(old central style). NOTE: Partial main drain test,cars parked at main drain discharge. BACKFLOWS %"Fire Line Backflow failed testing a division of CommerdaI Servives Ina I Iv:vwfessinc.n III t SUPPRESSIONFIRE EXTINGUISHERS I SPRINKLER I CHARLOTTE • RALEIGH-DURHAM • WINISTON-SALEM • GREENSBORO CHARLESTON DocuSign Envelope ID:449DBD33-377D-4DF5-8E74-EE9E131455B5 COMMSER-01 LHAMLET ACaR�` CERTIFICATE OF LIABILITY INSURANCE FDATD/YYYY) 7/25/225/2019 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 Lori F. Hamlet NAME: Trisure,an Alera Group Company PHONE FAX 4325 Lake Boone Trail,Suite 200 (A/C,No,Ext):(919)469-2473 (A/C,No):(919)467-4987 Raleigh,NC 27607 ADDRESS:(hamlet@trisure.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:Charter Oak Fire Insurance Company The 25615 INSURED INSURER B:Travelers Property Casualty Company of America 25674 Commercial Services,Inc.dba FESS Fire Protection INSURER c:Travelers Casualty Insurance Company of Americ 19046 PO Box 1307 INSURER D:St Paul Surplus Lines Insurance Company 30481 Morrisville,INC 27560 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 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. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE OCCUR C09KO98123 5/6/2019 5/6/2020 DAMAGE TO RENTED 300,000 PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X PRO- POLICY LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO 8109KO92641 5/6/2019 5/6/2020 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED FIRPerOaccitlenDAMAGE $ AUTOS ONLY AUTOS ONLY B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE CUP91<132514 5/6/2019 5/6/2020 AGGREGATE $ 5,000,000 DED X RETENTION$ 10,000 C WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER UB8K63496A 5/6/2019 5/6/2020 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT A Rented/Leased Equip C09KO98123 5/6/2019 5/6/2020 Limit 100,000 D Professional Liab ZC091N13812 5/6/2019 5/6/2020 Limit 6,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Operations of the Named Insured covered by the above referenced policies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange Count THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN g y ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 8181 Hillsborough,NC 27278 AUTHORIZED REPRESENTATIVE iou I. J&hta ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD