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HomeMy WebLinkAbout2020-712-E-Solid Waste-Firebrand Pro LLCRevised 07/20 1 [Departmental Use Only] TITLE FY ORANGE COUNTY CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, is between Orange County, North Carolina, a body politic organized under the laws of the State of North Carolina, (the "County"), and Firebrand Pro, LLC (the "Provider"). 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 services set out below to the County in accordance with the terms of this Agreement, time being of the essence. The services or materials or construction (hereinafter referred to collectively as “Services”) to be furnished under this Agreement are as follows: Preventive Maintenance Program Annual Inspection of Fire and Smoke Door Assemblies in accordance Preventive Maintenance Program Annual Inspection of Fire and Smoke Door Assemblies in accordance with the 2010 ediiton of NFPA 80 as set forth on the quoteand inspection checklist attached as Attachment 1. The term of this agreement rendered shall be from September 20,2020 to October 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 Five Hundred Fifty Dollars, ($550.00). 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 fe deral, 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: EDB54E21-5E92-449E-82C7-F0AB59E9FBB5 Revised 07/20 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 this Agreement is 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 DocuSign Envelope ID: EDB54E21-5E92-449E-82C7-F0AB59E9FBB5 Revised 07/20 3 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 N orth Carolina seated in Orange County, North Carolina. Regardless of the outcome of said litigation each party is responsible for its own costs and fees, including attorneys’ fees. 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, this Agreement is effective upon its execution by Orange County and the Provider. ORANGE COUNTY PROVIDER By: _________________________ By: _________________________ Department Director Title: ________________________ 200 S. Cameron St. Firebrand Pro, LLC P.O. Box 8181 3349 Winston Drive Hillsborough, NC 27278 Burlington, NC 27215 DocuSign Envelope ID: EDB54E21-5E92-449E-82C7-F0AB59E9FBB5 Owner Revised 07/20 4 ORANGE COUNTY—DEPARTMENT USE ONLY ______________________________________________________________________________ Party/Vendor Name: Firebrand Pro, LLC Party/Vendor Contact Person: Mark Mitchell, owner Contact Phone: 336- 516-0908 Party/Vendor Address: 3349 Winston Drive City Burlington State: NC Zip: 27215 Department: Solid Waste Amount: 550.00 Purpose: Mandated Fire Door Inspection Budget Code(s): 50350020- 570000 Vendor # 65764 (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract Type: (Check one) New Renewal Amendment Effective Date September 20, 2020 Approved by Board Yes No Agenda Date: This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement: Department Director’s Signature ________________________________________ Date: ________ Agreements for emergency services or repair are not subject to the above affirmation. If services related to this agreement have already begun or been completed please briefly describe the nature of the emergency cond ition that was addressed: Information Technologies (Applicable only to hardware/software purchases or related services) This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board Received for record retention: All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: EDB54E21-5E92-449E-82C7-F0AB59E9FBB5 9/16/2020 10/13/2020 10/14/2020 10/14/2020 Attachment 1, Page 1 Quote To: For: Preventive Maintenance Fire Door Program Allison Cooper Cedar Grove Community Ce nter Orange County Asset Management Description: Preventive Maintenance Program Annual Inspection of (5) Fire and Smoke Door Assemblies in accordance With 2010 edition of NFPA 80 Install silencers in fire door assembly frames as needed annually Lubricate fire exit hardware as needed annually Create a data base on our private server for the Cedar Grove Community Center Provide detailed reporting of the Fire Door Inspection for the Cedar Grove Community Center Provide information support for staff for any repairs needed Bar Code the Fire Door Assemblies in the Cedar Grove Community Center Additional assessment will be needed for any door that require relabeling of the fire rated label Make all checks payable to Firebrand Pro, LLC Total $550.00 Firebrand Pro, LLC 3349 Winston Drive Burlington, NC 27215 Markmitchell45@gmail.com Jeff Scouten Environmental Enforcement Supervisor Orange County Solid Waste Management P.O. Box 17177 1207 Eubanks Road Chapel Hill, NC 27516-7177 RE: Quote OCSWM2020-001 Description: Preventive Maintenance Program Annual Inspection of Fire and Smoke Door Assemblies in accordance With 2010 edition of NFPA 80. This inspection includes the following: 1. Perform visual and functional inspection of ( 4 ) Fire and Smoke Door Assemblies This number may change if changes to construction of the building have occurred. 2. Install silencers to Fire Door assemblies as needed 3. Lubricate Fire Exit Hardware as needed 4. Update data base and reports to reflect new bar codes installed by Plant Engineering 5. Update data base and reports to reflect changes in building construction 6. Provide informational support to Plant Engineering staff to repair doors Project Quoted 7/19/2020 Projected Start Date 11/19/2020 Total Labor and Materials $550.00 Firebrand Pro, LLC 3349 Winston Drive Burlington, NC 27215 Markmitchell45@gmail.com DocuSign Envelope ID: EDB54E21-5E92-449E-82C7-F0AB59E9FBB5 DocuSign Envelope ID: EDB54E21-5E92-449E-82C7-F0AB59E9FBB5 Attachment 1, page 2 Quote To: For: Preventive Maintenance Fire Door Program Allison Cooper Cedar Grove Community Ce nter Orange County Asset Management Description: Preventive Maintenance Program Annual Inspection of (5) Fire and Smoke Door Assemblies in accordance With 2010 edition of NFPA 80 Install silencers in fire door assembly frames as needed annually Lubricate fire exit hardware as needed annually Create a data base on our private server for the Cedar Grove Community Center Provide detailed reporting of the Fire Door Inspection for the Cedar Grove Community Center Provide information support for staff for any repairs needed Bar Code the Fire Door Assemblies in the Cedar Grove Community Center Additional assessment will be needed for any door that require relabeling of the fire rated label Make all checks payable to Firebrand Pro, LLC Total $550.00 Firebrand Pro, LLC 3349 Winston Drive Burlington, NC 27215 Markmitchell45@gmail.com Jeff Scouten Environmental Enforcement Supervisor Orange County Solid Waste Management P.O. Box 17177 1207 Eubanks Road Chapel Hill, NC 27516-7177 RE: Quote OCSWM2020-001 Fire Door Assembly Inspection Checklist Fire Doors- 13 Inspection points per NFPA 80 (2013) 5.2.3.5.2 Swinging fire doors with builder’s hardware will be inspected to verify the following: 1. Labels are clearly visible and legible. 2. No open holes or breaks in the surfaces of either the door or frame 3. Glazing, vision light frames and glazing beads are intact and securely fastened in place, if so equipped 4. The door, frame, hinges, hardware and non-combustible threshold are secured, aligned, and in working order with no signs of damage 5. No parts are missing or broken 6. Door clearances do not exceed clearances listed in 4.8.4 and 6.3.1.7 7. The self-closing device is operational; that is, the active door completely closes when operated from the full open position. 8. If a coordinator is installed, the inactive lead closes before the active leaf 9. Latching hardware operates and secures the door when it is in the closed position. 10. Auxiliary hardware items, which interfere or prohibit operation, are not installed on the door and frame 11. No field modifications to the door assembly have been performed that void the label. 12. Meeting edge protection, gasketing and edge seals, where required, are inspected to verify their presence and integrity 13. Signage affixed to a door meets the requirements listed in 4.1.4 Firebrand Pro, LLC 3349 Winston Drive Burlington, NC 27215 Markmitchell45@gmail.com DocuSign Envelope ID: EDB54E21-5E92-449E-82C7-F0AB59E9FBB5 WLTR005 THE HARTFORD BUSINESS SERVICE CENTER 3600 WISEMAN BLVD SAN ANTONIO TX 78251 August 11, 2020 Orange County Solid Waste Management 1207 EUBANKS RD CHAPEL HILL NC 27516-5691 Account Information: Policy Holder Details :FIREBRAND PRO LLC Contact Us Business Service Center Business Hours: Monday - Friday (7AM - 7PM Central Standard Time) Phone:(866) 467-8730 Fax:(888) 443-6112 Email:agency.services@thehartford.com Website:https://business.thehartford.com Enclosed please find a Certificate Of Insurance for the above referenced Policyholder.Please contact us if you have any questions or concerns. Sincerely, Your Hartford Service Team DocuSign Envelope ID: EDB54E21-5E92-449E-82C7-F0AB59E9FBB5 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 08/11/2020 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 be endorsed.If SUBROGATIONIS 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 TELCOM INSURANCE SERVICES CORP 42630869 6301 IVY LANE SUITE 506 GREENBELT MD 20770 CONTACT NAME: PHONE (A/C, No, Ext): (301) 220-1086 FAX (A/C, No): (301) 474-6196 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURER A :Twin City Fire Insurance Company 29459 INSURED FIREBRAND PRO LLC 3349 WINSTON DR BURLINGTON NC 27215-8994 INSURER B : INSURER C : INSURER D : 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 INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/Y YYY) LIMITS A COMMERCIAL GENERAL LIABILITY 42 SBM BC3123 07/09/2020 07/09/2021 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence)$1,000,000 X General Liability MED EXP (Any one person)$10,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $2,000,000 POLICY PRO- JECT X LOC PRODUCTS - COMP/OP AGG $2,000,000 OTHER: A AUTOMOBILE LIABILITY 42 SBM BC3123 07/09/2020 07/09/2021 COMBINED SINGLE LIMIT (Ea accident)$1,000,000 ANY AUTO BODILY INJURY (Per person) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) X HIRED AUTOS X NON-OWNED AUTOS PROPERTY DAMAGE (Per accident) UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS- MADE EACH OCCURRENCE AGGREGATE DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/ A PER STATUTE OTH- ER Y/N E.L. EACH ACCIDENT E.L. DISEASE -EA EMPLOYEE E.L. DISEASE - POLICY LIMIT A EMPLOYMENT PRACTICES LIABILITY 42 SBM BC3123 07/09/2020 07/09/2021 Each Claim Limit Aggregate Limit $10,000 $10,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations. CERTIFICATE HOLDER CANCELLATION Orange County Solid Waste Management 1207 EUBANKS RD CHAPEL HILL NC 27516-5691 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: EDB54E21-5E92-449E-82C7-F0AB59E9FBB5