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Home My WebLink About2017-738-E AMS - Trademasters Courthouse HVAC DocuSign Envelope ID:AB2ABB74-BA4B-4734-A66D-EF10C56098ED [Departmental Use Only] TITLE Courthouse HVAC FY 17118 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT,made and entered into this 25th day of July,2017, ("Effective Date")by and. between Grange 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 Court House: remove and dispose of ductless mini split system, provide and install one 3.00 ton ductless air condition mini split system, reconnection of condensation drain at indoor location, reconnection of refrigerant lines at infoor and outdoor units, and reconnection of control and high voltage wiring. The term of this agreement rendered shall be from July 21,2017 to September 1,2017. 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 Seven Thousand, ($7,000.00). 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 Revised 2/17 1 DocuSign Envelope ID:AB2ABB74-BA4B-4734-A66D-EF10C56098ED 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:/Iwww.orangecountync.govZdepartments/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. S. lndernnity: 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.orangecouniync.p,ov/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. Revised 2117 2 DocuSign Envelope ID:AB2ABB74-BA4B-4734-A66D-EF10C56098ED 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] I i I i i I Revised 2/17 3 DocuSign Envelope ID:AB2ABB74-BA4B-4734-A66D-EF10C56098ED IN WITNESS WHEREOF,County and the Provider have signed this Agreement,effective as of the day first written above. DocuSigned by: DocuSigned by: By. IfOGa7994B755E477... 6GUIn.i�, oiw�wrt Y SCU� By: —L Lvulltylylaisagu: Title: 200 S. Cameron St, Don Chambers P.Q. Box 8181 5012 Neal Rd Hillsborough,NC 27278 Durham,NC 27705 i : I 1 Revised 2f 17 4 DocuSign Envelope ID:AB2ABB74-BA4B-4734-A66D-EF10C56098ED Lrademastewnsw Inumm Commercial Industrial H'VAC 5012 Neal Road,Durham, NC 27705 Service: 919-680-6400, Office: 919-382-3330,Fax: 919-382-3332 Orange County June 12,2017 Attn: Mr. Eddie Mutter Revised July 21,2017 Ref: Orange County Court House We Propose to: As per site visit Remove and dispose of one(1)ductless mini split system Provide and install one(1)3.00 Ton ductless air condition mini split system Reconnection of condensation drain at indoor location Reconnection of refrigerant lines at indoor and outdoor units Reconnection of control and high voltage wiring Exclusions: Electrical,domestic plumbing,roofing,structural alterations or support, fire safety controls or components beyond listed above and building controls beyond listed above Addendums: None We will provide labor(during normal business hours)and materials, One(1)year workmanship warranty&manufactories parts warrantees and OM manuals for above For the sum of ....++++++++++++..... .... ......... ..($7,000.00 Respectfully Submitted Don Chambers Sales Associate NC License#161.04 H-1, H-2, H-3, Quote Valid For 60 Days F fJ/f/ DocuSign Envelope ID:AB2ABB74-BA4B-4734-A66D-EF10C56098ED CERTIFICATE OF LIABILITY INSURANCE FDAr12)21MIYYYYL 12/21f2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: It the certificate holder is an ADDITIONAL INSURED,the policy(les)must he 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 taP��CLJJENT C NTACT CENTFB .__—.-- ---. HOME OFFICE.,P.O.BOX 328 Pn�ENo,Ex1):888-333-4949 —_ Alc Not.-507-446-4664._. C3WATONNA,MN 55060 E-MAJAQarss;_CI�IENTCONTACTCENTE FEDINS,C❑M _ INSURERISI AFFORDING COVERAGE NAIC 11 INSURER A;FEDERATED MUTUAL INSURANCE COMPANY INSURED 13935 -. _..._ - __.._..__ 346-7®�� INSURER B: TRADEMASTERS SERVICES INCORPORATED INSURER C: — - -- 5012 NEAL RD - -- - ❑URHAM,NC 27705 INSURER n: INSURER E: 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. INSR DL SUER POLICY EFF POLICY EXP LT TYPE OF INSURANCE INS POLICY NUMBER M IGDIYYYY M IDnIY Y LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,00,000 CLAIMS-MADE I X-I OCCUR DAMAGE TO RENTED - ..—�$100,000 _PB��sEs 4€;r cu Tonto __ MED EXP IAny one person] EXCLUDED A Y N 9337203 02/1112017 02/11/2018 PERSONAL 6 ADV INJURY $1,600,0D0 10EWLAGOR E LIMIT APPLIES PER: GENERAL AGGREGATE $2.000.000 Y PRO. POLIC LGC _..-_ JECr PRODUCTS-COMPIOP AGO $2,D00,000 OTHER: AUTOMOBILE LIABILITY - COM81NEo 51NGLE LIMIT Ifl�LsU S1,0I10,000 X ANY AUTO BODILY INJURY(Per personl AT OWNED SCHEDULED A O AO Y N 9337203 02/1112017 02/11120/8 BODILY INJURY IPer accidenq HIRED AUTOS NON-OWNED AUTOS PRO PaERlTdeY UD—A.._Ge I X UMBRELLA LIAB I OCCUR EACH OCCURRENCE $510DD1000 A —]-EXCESSlIA9' CLASMS•MADE N N 9337204 02111/2017 02/11/2018 AGGREGATE - - $51t)00,DOD QED RETENTION WORKERS COM PEN SATI0N OER AND EMPLOYERS'LIABILITY Y!N x PER STATUTE _11 ANY PROPRIETORIAARTNEWEXECUTIVE E.L EACH ACCIDENT $1,DOD,000 A OFFICERIMEMBER EXCLUDED? NIA N 9337205 02/11/2017 02/1112016 - -- (Mandatory In NH) E.L.WSEASE-EA EMPLOYEE $1,000,000 If yes,describe under —� DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT $1,DDD,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ARad7 ACORD 101,Addifnnal Remarks Schedule,IL more apace Is required) SEE ATTACHED PAGE CERTIFICATE HOLDER CANCELLATION 348-705-5 34 D GRANGE COUNTY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PO BOX 8181 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN HILLSBt7ROUGH,NC 27278-8181 ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE (D 1988-2014 ACORD CORPORATION.All rights reserved. ACORD 26(2014101) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:AB2ABB74-BA4B-4734-A66D-EF10C56098ED AGENCY CUSTOMER ID: 348-705-5 LOCI: - - AC"RE® 11- f ADDITIONAL REMARKS SCHEDULE Page AGENCY [NAMED INSURED FEDERATED MUTUAL INSURANCE COMPANY DEMASTERS SERVICES INCORPORATED POLICY NUMBER -- -- 2 NEAL RD SEE CERTIFICATE#34.0 RHAM,NC 27705 NA O CODE SEE CERTIFICATE#34.0 CTIVE DATE:SEE CERTIFICATE 34.0 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE O LIRBILITY INSi1RANCE CERTIFICATEMOLDER 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 I II f i ACORD 101 (2008101) 0 20M ACORD CORPORATION,All rights reserved. The ACORD narne and logo are registered marks of ACORD