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HomeMy WebLinkAbout2018-606-E AMS - Trademasters SHSC ECEM Board DocuSign Envelope ID:OCEFOED7-E865-44A9-9EEC-0512CC313659 NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$50,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this 16th day of April, 2018 by and between Orange County,North Carolina (hereinafter the "Owner") party of the first part; and Trademasters Services Inc. (hereinafter the "Contractor"), party of the second part WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the Owner hereby contracts for the construction services of the Contractor, and the Contractor agrees to provide the construction services to the Owner in accordance with the terms of this Agreement. 1. TERM AND MAXIMUM AMOUNT PAYABLE Beginning and ending dates of contract: 4/2012418 through 9/17/2018. The Project Commencement Date shall be 4/20/2018. Dollar Amount Not to Exceed: One Thousand Thirty Seven and Fifty Cents($1037.50) 2. SERVICES Contractor agrees to provide the following construction services (the "Work'): Southern Human Services- Replace ECEM board on Intellipak RTU-1. Start and Check the units operation. Contractor shall not sub-contract all or any part of the construction services provided for in this Agreement without prior written approval of the Owner. Contractor shall be responsible for all errors or omissions, in the performance of the Agreement. Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to Owner. 3. PAYMENT Contractor shall submit an invoice for construction services provided. The invoice shall contain Contractor's name and federal tax identification number and shall be signed and dated by an officer of Contractor. It shall detail all construction services provided in payment requests. The Owner will make payments to Contractor within thirty (30) days after receipt of and approval of the invoice by the contracting department. In the event the amount stated on an invoice is disputed by Owner, then Owner may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. In addition, should Contractor fail to perform its duties under the terms of this Agreement, Owner may, without fault or penalty, withhold any payment associated with the Work to be performed until such time as said work is completed. 4. RELATIONSHIP OF PARTIES Contractor is an independent contractor of the Owner. Contractor represents that it has or will secure, at its awn expense, all personnel required in performing the construction services under this Agreement. Such personnel shall not be employees of or have any contractual relationship Revised 10/17 1 DocuSign Envelope ID:OCE FOE W-E865-44A9-9EEC-0512CC313659 with the Owner. All personnel engaged in work under this Agreement shall be fully qualified and shall be authorized or permitted under state and local law to perform such construction services. It is further agreed that Contractor will obey all State and Federal statutes, rules and regulations which are applicable to provisions of the construction services called for herein. Neither Contractor nor any employee of the Contractor shall be deemed an officer, employee or agent of the Owner. 5. SUSPENSION AND TERMINATION This Agreement may be terminated by Contractor upon thirty(30) days'written notice to the Owner, and the Owner may terminate this Agreement upon thirty (30) days' written notice to Contractor. Owner may suspend the Work at any time for Owner's convenience and without penalty to Owner upon three (3) days' notice to Contractor. Upon any suspension by Owner Contractor shall discontinue the Work and shall not resume the Work until notified to proceed by Owner. The notice required by this section or any other notice shall be delivered via certified mail, return receipt requested to the parties at the addresses as shown on the signature page to this Agreement. Such notice is deemed given upon its delivery to, or deposit in a receptacle of, the United States Post Office. 6. INSURANCE REQUIREMENTS Contractor shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by Owner'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 hLtp://www.orangecouniy,nc.gov/departments/purcl)asitig division/contracts.plip). If Owner'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). Contractor shall not commence construction work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 7. INDEMNIFICATION Contractor agrees, without limitation, to defend, indemnify, save, and protect Owner and Owner's lender, if any, harmless from and against any and all claims, liens, liabilities, losses, damages, causes of action, and expenses (including court costs and reasonable attorney's fees related thereto) arising out of, in connection with, or resulting from any negligence, act or failure to act by the Contractor, the Contractor's agents, assigns or employees resulting in property damage or personal injury, including death, or other loss related to the Work. Contractor is responsible for all errors or omissions caused by its agents, contractors, employees, or assigns in the performance of this Agreement. It is the intent of this section to require Contractor to indemnify the Owner to the full extent permitted under North Carolina law. 8. NON-ASSIGNMENT Contractor shall not assign all or any part of this Agreement,including rights to payments,to any other party without the prior written consent of the Owner. 9. NON—APPROPRIATION Revised 10117 2 DocuSign Envelope ID:OCEFOED7-E865-44A9-9EEC-0512CC313659 Contractor acknowledges that Owner 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 Owner's obligations under this Agreement, then this Agreement shall automatically expire without penalty to Owner immediately upon written notice to Contractor of the unavailability and non-appropriation of public funds. It is expressly agreed that Owner shall not activate this non- appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the Owner's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects Owner's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to Owner upon written notice to Contractor of such limitation or change in Owner's legal authority. 10.DISPUTE RESOLUTION Any dispute with respect to any provision of, or the performance or non-performance of,this Agreement shall be subject to the Dispute Resolution Rules and Procedures for Orange County Design, Building Construction, Renovation, and Repair Projects. The policy is incorporated herein by reference and may be viewed at http://www.orangecougtyne.goy/departments/purchasing`division/contracts.phu). 11. ENTIRE AGREEMENT The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it, together with specifically referenced documents, constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified by a written amendment to this Agreement signed by the parties. Modifications may be evidenced by telefacsimile signatures. Should any conflict arise in the terms of any documents referenced herein and this Agreement the terms of this Agreement shall be given priority and shall control over all other such documents. Should a request for proposals and a.proposal be referenced the terms of the request for proposals shall have priority over the terms of the proposal. 12. COMPLIANCE WITH LAW/GOVERNING LAW Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and any action brought under this Agreement shall be brought in the General Court of Justice of the State of North Carolina in Orange County. Contractor 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 non-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.orangecouniyne.gov/departments/purchasing_division/contracts.oho. Any violation of the Orange County Non-Discrimination Policy 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. r By executing this Agreement Contractor affirms that Contractor and any subcontractors of Contractor are and shall remain in compliance with Article 2 of Chapter 54 of the North Carolina General Statutes. By executing this Agreement Contractor certifies that Contractor has not been Revised 10/17 3 DocuSign Envelope ID:OCEFOED7-E865-44A9-9EEC-0512CC313659 identified, and has not utilized the services of any agent or subcontractor identified, on the lists created by the State Treasurer pursuant to G.S. 147-86.58 and G.S. 14786.81. 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 intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. [SIGNATURE PAGE TO FOLLOW] I Revised 10/17 4 DocuSign Envelope ID:OCEFOED7-E865-44A9-9EEC-0512CC313659 IN WITNESS WHEREOF Orange County and the Contractor have signed this agreement, effective as of the day and date first above written. ORANGE COUNTY CONTRACTOR �ocu5igned by: Docu5igned by: By �76�.i�, v'�tt.� By 0G 379946755E477.. — 70E9023910A84AO... County ivianager Joseph Hackett 200 S. Cameron St. Trademasters Services, Inc P.O. Box 8181 5012 Neal Dr Hillsborough,NC 27278 Durham,RTC 27705 Revised 101!7 5 DocuSign Envelope ID:OCEFOED7-E865-44A9-9EEC-0512CC313659 Lrademasters Commercial Industrial HVAC 5012 Neal Road, Durham,NC 27705 Service: 919-680-6400,Office: 919-382-3330,Fax 919-382-3332 Company: Orange County April 11,2018 Attn: Eddie Hutter Re: O.C. Southern Human Services Building We Propose To: • Replace ECEM board on Intellipak RTU-1 • Start and check the unit's operations We will provide Labor,(During Normal Business Hours)Materials, Shipping,OEM Parts and any factory Warranties provided Far The Sum Of ....................$ 1,037.50 _ NOTES: If any other problems or issues are found upon startup of the above repairs they will be brought to the owner's attention and quoted out separately. 1 Respectfully Submitted, 0-4. R Joseph Hackett Service Manager Cell: (919)-697-322 Email:joey7a t adgmasj r pc Accepted B : 6 ,I p y Date: I II Title: i I NC License# 16104 H-1,H-2, 14-3 This Proposal Valid For 30 Days DocuSign Envelope ID:3AC54F7E-1D75-484F-AOBO-F9D5EEF521FB '`� ° 0 @ CERTIFICATE OF LIABILITY INSURANCE DATE D/YYYY) 4/17/ 04/17/2018 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 endorsements. PRODUCER CONTACT FEDERATED MUTUAL INSURANCE COMPANY NAME: CLIENT CONTACT CENTER PHOE HOME OFFICE: P.O. BOX 328 A CNNo Ext:888-333-4949 (A C No):507-446-4664 OWATONNA, MN 55060 E-MAIL ADDRESS:CLIENTCONTACTCENTER FEDINS.COM INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:FEDERATED MUTUAL INSURANCE COMPANY 13935 INSURED 348-705-5 INSURER B: TRADEMASTERS SERVICES INCORPORATED INSURER C: 5012 NEAL RD DURHAM, NC 27705-2362 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:34 REVISION NUMBER:2 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 SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD MMIDD/YYYY MMIDDIYYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000 DAMAGE CLAIMS-MADE F OCCUR PREMISES Ea or uE rrence $100,000 MED EXP(Any one person) EXCLUDED A Y N 9337203 02/11/2018 02/11/2019 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 NOTHER: POLICY ❑SECT ❑LOC PRODUCTS-COMPIOP AGG $2,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) OWNED AUTOS ONLY SCHEDULED A AUTOS Y N 9337203 02/11/2018 02/11/2019 BODILY INJURY(Per accident) HIRED AUTOS ONLY NON-OWNED PROPERTY DAMAGE AUTOS ONLY APer accident X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $5,000,000 A EXCESS LIAB CLAIMS-MADE N N 9337204 02/11/2018 02/11/2019 AGGREGATE $5,000,000 DED I I RETENTION WORKERS COMPENSATION Y/N OTH- AND EMPLOYERS'LIABILITY X PER STATUTE ER ANY PROPRIETORIPARTNERIEXECUTIVE E.L.EACH ACCIDENT $1,000,000 A OFFICERIMEMBER EXCLUDED? NIA N 9337205 02/11/2018 02/11/2019 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E. DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) SEE ATTACHED PAGE CERTIFICATE HOLDER CANCELLATION 348-705-5 342 ORANGE COUNTY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PO BOX 8181 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN HILLSBOROUGH, NC 27278-8181 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 44,� © 1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:3AC54F7E-1D75-484F-AOBO-F9D5EEF521FB AGENCY CUSTOMER ID: 348-705-5 LOC#: AC"R" ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMEDINSURED FEDERATED MUTUAL INSURANCE COMPANY TRADEMASTERS SERVICES INCORPORATED POLICY NUMBER 5012 NEAL RD SEE CERTIFICATE#34.2 DURHAM, NC 27705-2362 CARRIER NAIC CODE SEE CERTIFICATE#34.2 EFFECTIVE DATE:SEE CERTIFICATE#34.2 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE CERTIFICATEHOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED BY CONTRACT ENDORSEMENT FOR GENERAL LIABILITY AND BUSINESS AUTO LIABILITY. ADDITIONAL INSURED ALSO INCLUDES RECREATION FACTORY PARTNERS. SPECIAL CONTRACTORS FLOATER COVERAGE FORM IM-F-30 ITEM E PROVIDES COVERAGE FOR BORROWED, RENTED OR LEASED EQUIPMENT FOR A PERIOD NOT TO EXCEED 60 DAYS FROM THE DATE OF THE RENTAL AGREEMENT. A $50,000 LIMIT APPLIES TO ALL EQUIPMENT BORROWED, LEASED OR RENTED UNDER POLICY #9337203 ACORD 101 (2008/01) © 2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD