HomeMy WebLinkAbout2017-546-E AMS - Applied Drives Inc. for emergency repair of boiler pump at Library DocuSign Envelope ID:87297174-8311-443E-8424-CD9AE774C78C
[Departmental Use Only]
TITLE Library Boiler Pump
FY 2018
ORANGE COUNTY
CONTRACT UNDER$15,000.00
NORTH CAROLINA
THIS AGREEMENT, made and entered into this 9th day of October, 2017, ("Effective Date") by
and between Orange County, North Carolina, a political subdivision of the State of North Carolina, (the
"County"),party of the first part; and Applied Drives Inc(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 (hereinafter referred to collectively as "Services") to be furnished
under this Agreement are as follows: repair the failed ACH550 VFD (drive only, no bypass) boiler pump
located at 137 W Margaret Lane, as detailed in provided quotation dated October 2, 2017. The work includes
labor and mileage for one day,parts and mateirlas to perform the repair.
The term of this agreement rendered shall be from October 2, 2017 to October 9,2017.
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
performed in accord with this Agreement. The amount to be paid by the County shall not exceed one
thousand nine hundred ninety dollars, ($1,990). 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
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DocuSign Envelope ID:87297174-8311-443E-8424-CD9AE774C78C
Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is
incorporated herein by reference and may be viewed at
http://www.orangocountync.gov/dopartmonts/purchasing division/contracts.php). If County's Risk
Manager determines additional insurance coverage is required such additional insurance shall consist of
(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: The Provider agrees 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, its agents, or assigns directly or indirectly related to the Services to be performed
pursuant to this Agreement on the part of the Provider.
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 the 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. 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. Priority: In determining the basic services to be provided, should any documents be
referenced in or attached to this Agreement, the terms of this Agreement shall have priority in any conflict
between the terms of referenced documents and the terms of this Agreement.
9. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the
State of North Carolina. 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.goy/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 affirms that Provider is and
shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By
executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the
services of any agent or subcontractor, on the list created by the State Treasurer pursuant to G.S. 147-86.58.
10. Dispute Resolution: Any and all suits or actions to enforce, interpret, or seek damages with
respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in
the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the
parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding
arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of
any dispute prior to the bringing of such suit or action.
11. 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
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DocuSign Envelope ID:87297174-8311-443E-8424-CD9AE774C78C
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.
[SIGNATURE PAGE TO FOLLOW]
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DocuSign Envelope ID:87297174-8311-443E-8424-CD9AE774C78C
IN WITNESS WHEREOF, County and the Provider have signed this Agreement, effective as of
the day first written above.
ORANGE COUNTY PROVI uSigned by:
DocuSigned by:
By: f'oL U,it, �auxwlu(sL i By:
Co yeMunuggr7-- Title: 'E 'i eg1i trdi t
200 S. Cameron St. Applied Drives Inc
P.O. Box 8181 PO Box 690245
Hillsborough,NC 27278 Charlotte, 28227
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DocuSign Envelope ID:87297174-8311-443E-8424-CD9AE774C78C
0111
/do
Applie I, Drives Inc
October 2, 2017
To: Paul Sorrell/Dustin Bryant
Childress Klein Properties
From: Dennis Hayes
Subject: Quotation— Orange County Library
Dear Paul/Dustin:
Per your request, I am pleased to propose the following quote for the most likely repair
for your failed boiler pump ACH550 VFD located at 137 W Margaret Lane,
Hillsborough:
Labor/Mileage Reimbursement for One Day $ 1,140
ACH550 VFD (Drive only, no bypass) $ 775
Drive Fusing $ 75
This quote is based on the description of the drive failure you provided. Any repair
outside of this scope will be quoted for approval before completing any repair.
Sales/use tax is not included.
Payment is due 30 days from invoice date. This quotation is valid for 30 days.
Thank you for the opportunity to quote. Let me know if you have any questions.
PO Box 690245 Charlotte,NC 28227
Ph 704-573-2324 Fax 704-573-8409
set vice @applieddrives.corn
DocuSign Envelope ID:87297174-8311-443E-8424-CD9AE774C78C
T
ACGREr CERTIFICATE OF LIABILITY INSURANCE DATE IMM/DDY YY)
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 pollcy(ies)must 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 (704)542-5481 NAME:°ACT Hugh L Kluttz Jr
Carmel Commons Insurance Agency PHONE FAX
IANC.No.Eat):(704)542-5481 Ext. (A/c,No): (704)544-0364
E-MAIL
6404 Carmel Rd, Suite 204 ADDRESS:
Charlotte, NC 28226 INSURER(S)AFFORDING COVERAGE NAIC It
INSURER A:AUTO OWNERS INSURANCE COMPANY 18988
INSURED APPLIED DRIVES INC INSURER B:
11016 TARA OAKS DRIVE INSURERC:
CHARLOTTE, NC 28227 INSURER D:
(704)573-2324 Ext. INSURERE:
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.
ILTR TYPE OF INSURANCE INSR SUM WI POLICY NUMBER POLICY YY POLICY EXP LIMITS
{MMIDD/YYYY) (MMlDD/YYYY)
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
DAMAGE l RENTED
X COMMERCIAL GENERAL LIABILITY
PREMISES{Ea occurrence) $ 300 000
CLA1MS-MADE X ,OCCUR MED EXP(Any one person) $ 10,000
A Y 014615-35025925-17 08/01/17 08/01/18 PERSONAL&ADVINJURY $ 1,000,000
i GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000
O
—1 POLICY
CT n LOC $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
(Ea accident) $ 1,000,000
1
ANY AUTO BODILY INJURY(Per person) $
ALL OWNED SCHEDULED BODILY INJURY(Per accident) $
A AUTOS AUTOS Y 014615-35025925-17 08/01/17 08/01/18 PROPERTY DAMAGE $
X HIRED AUTOS A AUTOS (Per accident)
$
X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 5,000,000
A EXCESS LIAB CLAIMS-MADE 42-840-297-00 07/01/17 07/01/18 AGGREGATE $ 5,000 000
DEC X RETENTION$ 10,000 $
WORKERS COMPENSATION WC STATU- ( OTH-'
AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ,_ER
ANY PROPRIETOR/PARTNER/EXECUTIVE EL.EACH ACCIDENT $ 1,000,000
A OFFICEFVMEMBEREXCLUDED7 NIA }( 031715 35014522 08/01/17 08/01/18
(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000
It yes,descnbe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,It more space Is required)
CERTIFICATE HOLDER CANCELLATION
ORANGE COUNTY ASSET MANAGEMENT SERVICES
Allison COOper , SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
, THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
acooper@orangecountync.gov ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZ D REPRESENTATIVE
I /0/
®1988-2010 ACO TJ CORPORATION. All rights reserved.
ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD