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HomeMy WebLinkAbout2020-212-E AMS - Otis Elevators Gateway panel DocuSign Envelope ID: D278501D-795E-42B1-AAD3-FC23FD5B9A60 nn°5 [Departmental Use Only] TITLE GATEWAY PANEL FY 2020 ORANGE COUNTY CONTRACT UNDER$5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 27th day of February, 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 OTIS Elevator Company(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: Furnish and Install (1) replacement lens for the car operating panel at Gateway Center(228 South Churton Street). The term of this agreement rendered shall be from 03/02/2020 to 05/02/2020. 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 Three Hundred and Forty Nine Dollars,($349.00). 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. 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 11/19 1 DocuSign Envelope ID: D278501D-795E-42B1-AAD3-FC23FD5B9A60 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 NA (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 htip://www.oran e�tpc. 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 Revised 11/19 2 DocuSign Envelope ID: D278501D-795E-42B1-AAD3-FC23FD5B9A60 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 DOCUSigned by: B � k,,,A By: soascoae84844c5 :ctor Title: 200 S. Cameron St. Kimberly Willoughby, OTIS Elevators P.O. Box 8181 200 Perimeter Park Dr, Suite A Hillsborough,NC 27278 Morrisville,NC 27560 Revised 11/19 3 DocuSign Envelope ID: D278501D-795E-42B1-AAD3-FC23FD5B9A60 OTIS Made to move you DATE: 02/27/2020 TO: FROM: Orange County Government Otis Elevator Company Asset Mgmt Svcs 200 Perimeter Park Dr,Ste A Po Box 8181 Morrisville,NC 27560 Hillsborough,NC 272788181 ' Kimberly Willoughby Phone:(919)510-6417 a EQUIPMENT LOCATION: Fax: (860)755-6387 GATEWAY CENTER 228 S Churton St i Hillsborough,NC 27278 ly PROPOSAL NUMBER: ZXW200227153017 MACHINE NUMBER(S) : 207763 We will provide labor and material to finrnish and install on the above referenced machine(s)the following: Otis shall furnish and install (1) replacement lens for the car operating panel. PRICE: $ 349.00 Three hundred forty-nine dollars This price is based on a one hundred percent(100%)downpayment in the amount of$349.00. This proposal, including the provisions printed on the last page(s), and the specifications and other provisions attached hereto shall, when accepted by you below and approved by our authorized representative, constitute the entire contract between us,and all prior representations or agreements not incorporated herein are superseded. Submitted by: Kimberly Willoughby Title: Account Manager E-mail: kimberly.willoughby@otis.com Accepted in Duplicate CUSTOMER Otis Elevator Company Approved by Authorized Representative Approved by Authorized Representative Date: Date: Signed: Signed: Print Name: Print Name: Randy Waters Title Title General Manager 00tis Elevator Company,2011 All Rights Reserved LiNX Form 421 (04/01/12)Proposal#:ZXW200227153017 Page 1 of 3 16 0 Sr7�fxxJ DocuSign Envelope ID:D278501D-795E-42B1-AAD3-FC23FD5B9A60 ao DATE IMMIDDIYYYY) ACC]R" CERTIFICATE OF LIABILITY INSURANCE 0 312 81201 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, EXTENT] OR ALTER THE; COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING ENSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE MOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION E5 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: PHONE FAX 20 CHURCH STREET,8TH FLOOR (A/C No), HARTFORD,CT 06103 E-MA IL INSURERISIAFFORDINGCOVERAGR NAIC9 102428280-Otis-GAWX-19-20 INSURER A:Hartford Fire Insurance Corn 19682 INSURED OTlS ELEVATOR COMPANY INSURER B:Hartford Underwriters Insurance Company 30104 ONE FARM SPRINGS ROAD INSURER C:National Union Fire ins Cc Pittsburgh PA 19445 FARMINGTON,CT OW32 INSURER D:American Horne Assu ranoe Company 19380 INSURER E:New Hare Shire Ins Co 23841 INSURER F:Al Insurance Co 19399 COVERAGES CERTIFICATE NUMBER: NYC-010502694.01 REVISION NUMBER- 0 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 TYPE OF INSURANCE ADDL S BR PDLICY NUMBER �LDICRY EFF MIIDDlYYYY LIMITS LTR A X COMMERCIAL GENERALLIABILITY 02CSET10004 04/0112019 WOV2020 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE 7 OCCUR "$2,000,000 General Aggregate" DAMAGE TO REN 107- PREMISES Ea occurrence $ 300,000 "Per Project 1 Location" MED EX?(Any oneperson) $ 10,000 "$10,000,000 General Aggregate' PERSONAL BADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: 'Per Policy' GENERAL AGGREGATE $ 2,0WX00 POLICY PRO-1ECT LOC PRODUCTS-COMP/OP AGG $ 2,000.000 OTHER' $ A AUTOMOBILELIABILITY 02CSFT10000(ADS) 04MI2019 0410112020 COM6INE0 SINGLE LIMIT $ 1,000,000 Ea accident B X ANY AUTO 02SET10019(HI) 04/0112019 04101/2020 BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTYDAMAGE $ AUTOS ONLY AUTOS ONLY Per acciidenl $ X UMBRELLA LIAB X OCCUR 02HUTICO21 04/0112019 04/01/2020 EACH OCCURRENCE $ 10,000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE $ 10,000,000 DIED I I RETENTION$ $ C WORKERS COMPENSATION CT-0815565605[SIR$2.5M] 0410112019 0410112020 X I PER OTEf- AND EMPLOYERS'LIABILITY STAT TE ER 0Y 1 N (E)FL-01271 7193;MULTI-012717191 0410112019 04101/2020 1 000 000 ANYPROPRIETORIPARTNERIExECUTIVE E.L.EACH ACCIDENT $ E OFFICERIMEMBEREXCLUDED? NIA MULTI.012717194;MULTI.012717190 04101/2019 04/01/2020 1,000,000 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ E If yes,describe under (F)NY-012717197(D)CA-012717192 04101/2019 04/01/2020 E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATION51 LOCATIONSI VEHICLES(AC 0RD 101,Add itlonal Remarks Schedule,may he attached if more space Is required) This cerhfirate only applies to 100 E KING ST,3W W TRYON ST-HUMAN SVC,106 E MARGARET LAN E,125 COURT ST,COUNTY JAIL,510 MEADOWLANDS DRIVE,106 E:MARGARET LANE,2551 HOMESTEAD ROAD,COURT AND KING STREETS,301 W TRYON STREET,200 S CAMERON STREET,1 D6 NASH&KOLLOCK ST TRD08016A. TR008016Z CERTIFICATE HOLDER CANCELLATION Orange County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PO Box 8181 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Hlllshorough,NC 27278 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHDRIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD