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Home My WebLink About2017-737-E AMS - Trademasters AS RTU5 DocuSign Envelope ID:33837691-9CB9-4615-B4FE-A371F7D294A7 [Departmental Use Only] TITLE Animal Se^vices RTU5 FY 2017/2018 ORANGE COUNTY CONTRACT UNDER $15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 14th day of August, 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 Trademasters Services 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: Orange County Animal Services- Replace Compressor for circuit #1 on Aaon unit RTU-5. recover refrigerant from circuit#1 and dispose,remove old compressor and install new OEM compressor replacement, replace refrigerant filter/dryer for circuit #1, check for any leaks and then evacuate circuit#1,weigh new R-410A refrigerant into circuit 91 per the units tag, replace a bad DCV fuse in the VFD,start and check the units operations. The term of this agreement rendered shall be from 8/28/2017 to 10/02/2017. 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. PPAyment: 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 Four Thousand Two Hundred Thirty Five, ($4,235.00). 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. Revised 2/17 j DocuSign Envelope ID:33837691-9CB9-4615-B4FE-A371F7D294A7 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:LLwww,orangecountync.gov/departments/purchasing division contracts, h ). 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. Indemni : 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 park 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 1 IA and Article 40 of North Carolina General Statute Chapter 66. 8, Priori : 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_LawBoth 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 littp://www.orangecoupiync.gov/departmentL/purchasiiig divisionlcontracts. h .). 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. Revised 7117 2 DocuSign Envelope ID:33837691-9CB9-4615-B4FE-A371F7D294A7 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 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] Revised 2/17 3 DocuSign Envelope ID:33837691-9CB9-4615-B4FE-A371F7D294A7 IN WITNESS WHEREOF,County and the Provider have signed this Agreement,effective as of the day first written above. ORANGE COITNTV PRONT"N"" DacuSigned by, Doc uSigned by: acuSigned by, �6GUVt.If. �"��e.YS� �tG� �°tG�c �1.651.Y' By: By:_ 32A3995C54B9428... OW7994KSK477._ 32A3995C54B9428._ GiLr irauiau',vs Title: rre�i uen u 200 S. Cameron St. Don Chambers P.O. Box 8181 512 Neal Road Hillsborough,NC 27278 Mirham,NC 27705 I I Revised 2/17 4 DocuSign Envelope ID:33837691-9CB9-4615-B4FE-A371F7D294A7 Trademastelf Commercial Industrial HVAC 5012 Neal Road, Durham,NC 27705 Service: 919-680-6400, Office: 919-382-3330,Fax 919-382-3332 Company: Orange County August 1, 2017 Attn: Eddie Hutter Re: Chapel Hill Animal Shelter(RTU-5) We Propose To: • Replace compressor for circuit#1 on.Aaon unit RTU-5 • Recover refrigerant from circuit#1 and dispose • Remove old compressor and install new OEM compressor replacement • Replace refrigerant filter/dryer for circuit#1 • Check for any leaks and then evacuate circuit#1 • Weigh new R-410A refrigerant into circuit#1 per the unit's tag • Replace a bad DCV fuse in the VFD • Start and check the unit's operations We will provide Labor,(During Normal Business Hours)Materials, Crane,Parts and any factory Warranties provided For The Sum Of ..... ...... $4,235.00 NOTES: The above repairs performed will not exceed the above quoted price. Respectfidly Submitted, Joseph Hackett Service Manager Cell: (919)-697-3222 / Email:joey@tradern ersm. m Accepted By: ! Date _ f Title: NC License# 16104 H-1,H-2, H-3 This Proposal Valid For 30 Days DocuSign Envelope ID:33837691-9CB9-4615-B4FE-A371 F7D294A7 Bill To Requisition 00097587-00 EY 2018 ASSET MANAGEMENT ORANGE COUNTY Acct No: PO BOx 8181 10 -20-240-2403-20-00-570000- HILLSBOROUGH, NC Review: 27278 Buyer: dcannell Status: Allocated Page I Vendor Ship To TRADEMASTERS SERVICES, INC ASSET MANAGEMENT 5012 NEAL ROAD ORANGE COUNTY 131 W MARGARET LANE, STE 301 HILLSBOROUGH, NC 27278 DURHAM, NC 27705 ACOOPER@ORANGECOUNTYNC.GOV Tel#919-382-3330 Delivery Reference Fax 919-382-3332 PAUL SORRELL 919-245-2625 Date Vendor Date (Ship Ordered Number Required Via Terms Department 08/10/17 1060460 1 I 12400 ASSET MANAGEMENT SERVI LN Description / Account Qty Unit Price Net Price General Notes CONFIRMING P.O. - DO NOT DUPLICATE ORDER ALREADY PLACED BY DEPARTMENT 001 TRADEMASTERS CHAPEL HILL ANIMAL 1.00 4235,00000 4235.00 SHELTER RTU-5. REPLACE COMPRESSOR EACH FOR CIRCUIT #1 ON AAON UNIT RTU-5 1 10 -20-240-2403-20-00-570000- 4235 .00 Shi To ASSET MANAGEMENT ORANGE COUNTY 131 W MARGARET LANE, STE 301 HILLSBOROUGH, NC 27278 Deliver Reference PAUL SMELL 919-245-2625 equisition Link Requisition Total 4235.00 ***** General Ledger Summary Section ***** Account Amount Remaining Budget 10 -20-240-2403-20-00-570000- 4235.00 152508.47 DocuSign Envelope ID:33837691-9CB9-4615-B4FE-A371 F7D294A7 AC"Rn°� CERTIFICATE OF LIABILITY INSURANCE DArEIh1M1DDC21/2016I16 12 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 INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: It the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must be endorsed. It SUBROGATION IS WAIVED,subject to the terins 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 ""TACT FEDERATED MUTUAL INSURANCE COMPANY HA_IdEI CLIENT CONTACT CENT ER.-• _ HOME OFFICE:P.O.BOX 328 gtc�we,Ex)-888-333.44i9 �. AT(AJc No:507 446 4Cs5?i _. OWATONNA,MN 55060 EMAIL _ADORI45s:CL.IENTCONTACTCENTER@FEDINS.COM-, tNSURERISI AFFCIRDING COVERAGE NAIC JI _ INSURER A.FEDERATED MUTUAL INSURANCE COMPANY 13935 INSURED --- 348-705-5 INSURER a; �_...-- -- TRADEMASTERS SERVICES INCORPORATED INSURER c: -- 5012 NEAL RD -- DURHAM,NC 27705 INSURER D: INSURER E: u INSURER F. COVERAGES CERTIFICATE NUMBER:34 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. lkT R TYPE OF INSURANCE INSR WVD POLICY NUMBER POLICY Err POLICYDE VYI P LIMITS X COMMERCIAL GENERAL UAWLITY EACH OCCURRENCE $1,000,000 CLAIMS-MADE I X]OCCUR DAMAGE E�tl TO REN.TED-...L $100,000 MED EXP IAny one per3on) EXCLUDED A Y N 9337203 02/11/201T 0 211 112 01 0 PERSONAL a ADV INJURY $1,000,O0D 4£i'L AGORE"IT LIMIT APPLIES PER; GENERAL AGOREOATE $2,000,000 X POLICY ❑rC LAG PRODUCTS-COMPIOP AGO $2,000,000 OTHER: —....._ AUTOMOBILE LIABILITY eOMBINED SINGLE LIMIT �a aeeiderl0 __ $1,ODO,DOD X ANY AUTO BODILY INJURY{Per Penflnl ALL OWNED SCHEDULED A AUTOS AUTOS Y N 9337203 0211112017 02/11/2018 BODILY INJURY(Paraccidenl) HIRED AUTOS NO NEp A PROPERTYcFden DAMAGE AUTOS ar a X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $5,000,DT30 A EXCESS LIAR CLAIMS-MADE N N 9337204 02/1112017 02/11/2018 ACOREGAT£ _ $5,000,000 DED RETENTION WDRKERS COMPENSATYDN XPER STATUTE ER- AND EMPLOYERS'LIABILITY Y J N'ANY PROPRIETORIPARTNERI£XECUTIVE F.L.EACH ACCIDENT $1,000,DDD A OFFICERIMEMBER EXCLUDED? ❑N f A N 9337205 02/11/2017 02/1112016 - (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 It yet,descrl under OESCRlPTYON OF OPERAT0.ON5 below E.L DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACGRO 101,Additional Remarks Schedule,11 more Sphce Is required) SEE ATTACHED PAGE CERTIFICATE HOLDER CANCELLATION 348-705-5 340 ORANGE COUNTY SHOUTS)ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PO BOX 8161 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN HILLSBOROUGH,NC 27278-8181 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE i9B8-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014101f The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:33837691-9CB9-4615-B4FE-A371 F7D294A7 AGENCY CUSTOMER ID: 340-705-5 LOC#: -- -- — AC"W> 110- � ADDITIONAL REMARKS SCHEDULE Page Of AGENCY NAMED INSURED FEDERATED MUTUAL INSURANCE COMPANY TRADEIuMASTER3 SERVICES INCORPORATED POLICY NUMBER - - 5012 NEAL RD SEE CERTIFICATE#34.0 DURHAM,NC 27705 CAMWER DE SEE __- CERTIFICATE#34.0 EFFEcrive DATE:9EE CERTIFICATE 34.0 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTI-J-r,ATE pF LIABJLI.TY 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 ITIvM 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(20138191) 0 2008 ACORD CORPORATION.All rlghts reserved.. The ACORD name and logo are registered marks of ACORD