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HomeMy WebLinkAbout2020-059-E AMS - FESS Animal Svc sprinkler repairRevised 11/19 1 [Departmental Use Only] TITLE 1601 Eubanks Sprinkler 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 1601 Eubanks Road, Animal Services, Chapel Hill, NC, as described in provided quote of 08/27/2019, and as follows: install 1" check valve on the bell drain line, replace tamper switch on the PIV, adjust 3 fire sprinkler heads, clean 12 fire sprinkler heads, and replace painted concealed escutcheon plate. The term of this agreement rendered shall be from August 27, 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 one thousand three hundred fifteen dollars, ($1,315). 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: 48353AE0-9387-4374-A3C3-4D96B8A4C0E2 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: 48353AE0-9387-4374-A3C3-4D96B8A4C0E2 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: 48353AE0-9387-4374-A3C3-4D96B8A4C0E2  DocuSign Envelope ID:48353AEO-9387-4374-A3C3-4D96B8A4COE2 ® RALEIGH-DURHAM FESS 7.311�tterrtaltnJtat 1)ril e rLlordsville NC 27560 (o)919.969.8099 FIRE PROTECTION or8tw-35a6040 NC Slate License Niunber 25532 PROPOSAL PROPOSAL SUI&MITTED/BILLING PHONE DATE Asset Management Services Orange County (919)245-2625 08/27/2019 STREET FAX PO BOX 8181 CrfY,STATE,ZIP CODE JOB NAME Customer AaO Hillsborough,NC 27278 Animal Services 2I-377 ATTENTION/EMAIL Job LOCATION Allison Cooper-Acooper@orangecountync.eov 1601 Eubanks Road-Chapel Hill NC 27516 WE HEREBY SUBMIT ESTIMATE FOR BELOW SCOPE OF WORK PER NFPA-25: 1. Install(1)V check valve on the bell drain line - --- - - -- - - - $ 187.00 2. Replace(1)tamper switch on the PIV------------------------------------------------------------------------------------$ 498.00 3. Adjust(3)fire sprinkler heads..........................................._................................................$ 165.o0 4. Clean(12)fire sprinkler heads --•---•----•---•-----•------------•--•--------------------------------------------------$ 300.00 S. Replace(1)painted concealed escutcheon plate--------------------------------------------------------------------- _ 165.00 TOTAL $1,315.00 W E P ROPOSE HEREBY TO FURNISH MATERIAL AND LABOR-COMPLETE IN ACCORDANCE WITH THE ABOVE SPECIFICATION,FOR THE SUM OF: One Thousand, Three Hundred Fifteen Dollars All work listed above must be accepted and scheduled for the same date to maintain the praposalpricing, Qualifications: The Owner/Owner's representative shall place alarm system/s 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 Sales Tax 5. Fire Pumps 6. Hydrants 7. Forward flow of backflow assemblies S. Attic areas a division ofCvmmercialService4Inc.11vlvwfessinc.net FIRE EXTINGUISHERS I SPRINKLER I SUPPRESSION CHARLOTTE • RALEIGH-DURHAM • WINSTON-SALEM • GREENSBORO • CHARLESTON DocuSign Envelope ID:48353AEO-9387-4374-A3C3-4D96B8A4COE2 RALEIGH-Dive v 131 I�rtcrrralinlrrrinllrrve hlonrsville,NC 27560 (o)919-469.8099 FIRE PROTECTION or8A'>-85 .6w NC Slate License Number 25532 I PAYM E N T TH E ENTI RE AMOU NT OF CONTRACT TO BE PAID WITHIN 30 DAYS AFTER COMPLETION. NOTE:THIS PROPOSAL MAY BE WITHDRAWN BY US IF NOT ACCEPTED WITHIN 30 DAYS, ALL MATERIAL IS GUARAHTEEDTO BE AS SPECIFIED-ALL WORK TO BE COMPLETED IN AWORKMAN LIKE AUTHORIZED MMAER ACCORDING TO STANDARD PRACTICES.ANY ALTERATION OR DEVIATION FROM THE AHOVE SPECIFICATION I NVOLANG EXW COSTS WILL BE EXECUTED ONLY UPON WRIFTEN ORDERS,AND WILL BECOME AN EXTRA CHARGE OVER AND ABOVE THE ESTIMATE.ALL AGREEMENTS CONRNrANF UPON SIGNATURE STRIKES,ACCIDENTS OR DELAYS BEYOND DUE.CONTROL OWNER TO CARRY FIRE,TORNADO AND OTHER L t NECESSARY INSURANCE.OUR WORKERS ARE FULLY COVERED BY W4 RKM{N'S COMPENSATION INSURANCE. Theresa Bailey IF PAYMENT FOR WoR%PROVIDED IN THIS PROPOSAL IS NOT PAID LVREN DUE,CU51OMEK AGREES TO PAY ALL COSTS OF COLLECTION INCLUDING ATTIXINEYS TEES. Service Sales Rep PLEASE NOTE: RECOMMENDED NOTED ON THE INSPECTION REPORT WILL REQUIRE A SITE VISIT AND A SEPARATE PROPOSAL. ACCEPTANCE OF PROPOSAL THE ABOVE PRICE55PEC1 FICATIONS AND CONDITRTNS ARE SATISFACTORY AND ARE H EREBY ACCEPTED.YOU ARE AUTHORIZED TO DO THE WORK AS SPECIFIED,PAYMENT WILL BE MADE AS OUT LIN EA ABOVE-E OF ACCEPTANCE SIGNATURE TITLE Additional proposed inspection services such as but not limited to annual Fire Back oiv Foiivard Flow, 5-Year lnternal Investigation, 5-Year alaim valve obstruction investigation. 5-Yew-_Hydrostatic test on FDC pipipjz, 5-Year internal FDC check valve ims ection 5-Year Stand pipe Itaternal pipe obstruction investi alion 5-tear Stand i e Flow Test 3-1!ear an•leak test 10 20 50-ivar old fit_e sprinkler head test, etc...Are required per local,state 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 06/28/2019 Orange County-Animal Services-1601 Eubanks Road -Chapel Hill NC 27S16 ALL SYSTEMS No 5-Year inspection tag found. Need hydrostatic test on FDC piping. Gauges are outdated. Back of water motor gong leaks when doing main drain test,need 1"check valve in bell drain line. SYSTEM 1 FEXIBLE HOLD 2:Adjust(1)fire sprinkler head CAT ISOLATION 3:Adjust(1)fire sprinkler head DOG ISLATION 4:Adjust(1)fire sprinkler head SPAU-NEUTER ROOM:(1)Loaded/dusty fire sprinkler head. FERAL CAT ROOM:(1)Loaded/dusty fire sprinkler head. REAL LIFE ROOM 1:(1)Loaded/dusty fire sprinkler head. REAL.LIFE ROOM 1:(1)Loaded/dusty fire sprinkler head. a division of Commercial Services,Ina I wwwfessinanet SUPPRESSIONFIRE EXTINGUISHERS I SPRINKLER I CHARLOTTE • RALEIGH-DURHAM • WINSTON-SALEM • GREENSBORO CHARLESTON it DocuSign Envelope ID:48353AEO-9387-4374-A3C3-4D96B8A4COE2 T RALEIGH-DURHAM VFESS 131 Lrlerrrrrtinaallhl�rr hlarrixville.NG 27.560 (o)919-l69-6099 FIRE PROTECTION or8r1(1,350-6o4(i NC Slate License Number 25532 REAL LIFE ROOM 1:(1)Loaded dusty fire sprinkler head. REAL LIFE ROOM 1:(1)Loaded dusty fire sprinkler head. REAL LIFE ROOM 1:(1)Loaded/dusty fire sprinkler head. REAL LIFE ROOM 1:(1) Loaded/dusty fire sprinkler head. FEATURED PET ROOMS 2:(1)Loaded/dusty fire sprinkler head. FEATURED PET ROOMS 3:(1)Loaded/dusty fire sprinkler head. GET ACQUAINTED ROOM E: (1)Loaded/dusty fire sprinkler head. CAT COLONY ROOMS 2:(1)Loaded/dusty fire sprinkler head. CAT COLONY ROOMS 3:(1)Loaded dusty fire sprinkler head. AT ENTRANCE:(1)painted white concealed escutcheon plate PIV Tamper switch contacts are had,verified with meter. 5 ■ Painted Concealed Plate Loaded/Dusty Sprinkler Heads a division ajComrnercra!Services,lire.I wiu;vfessinanet SUPPRESSIONFIRE EXTINGUISHERS I SPRINKLER I CHARLOTTE RALEIGH-DURHAM • WINSTON-SALEM • GREENSBORO CHARLESTON DocuSign Envelope ID:48353AEO-9387-4374-A3C3-4D96B8A4COE2 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 PerOaccitlenDAMAGE $ 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