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Home My WebLink About2017-742-E AMS - Trademasters courthouse heat pump DocuSign Envelope ID:A5F35D08-B5E8-4361-A51`7-C1 DF72C995D2 [Departmental Use Only] TITLE Courthouse Heat Pump FY 201712018 ORANGE COUNTY CONTRACT UNDIER$1 5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 17th 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 Courthouse Facility-replace the leaking 3 pipe reheat valve for Florida Heat-Pump unit,remove old valve and install new valve,replace the refrigerant filter/dryer, check for any leaks and then evacuate the refrigerant circuit, weigh new R-410A refrigerant into circuit per the units tag,start and check the units operation. The term of this agreement rendered shall be from 8/31/2017 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 It. 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 Three Thousand One Hundred, ($3,100.00). 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 DocuSign Envelope ID:A5F35D08-B5E8-4361-A5F7-C1 DF72C995D2 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.oranfiecountync.gov/departments/purchasing division/contracts.php). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of of no additional insurance required mark NIA 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. 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 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. 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 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.orangecou*nc.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 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 nonperformance 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:A5F35D08-B5E8-4361-A51`7-C1 DF72C995D2 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 DocuSign Envelope ID:A5F35D08-B5E8-4361-A5F7-C1 DF72C995D2 IN WITNESS WHEREOF,County and the Provider have signed this Agreement,effective as of the day first written above. ORANr"V rnrTMTV PROM-"""' Doc uSigned by: Dom Signed by: 6W it. i" *KALY'SCt Er�By'� fl637994B755E477... — By. 3995C54B9428....-- CouJiLy micuagci Title: rresiaent 200 S. Cameron St. Dan Chambers P.O.Box 8181 512 Neal Road Hillsborough,NC 27278 Durham,NC 27705 i Revised 2/17 4 DocuSign Envelope ID:A5F35D08-B5E8-4361-A51`7-C1 DF72C995D2 radem rip Commercial industrial HVAC 5012 Neal Road, Durham,NC 27705 Service: 919-680-6400,Of five: 919-382-3330,Fax 919-382-3332 Company: Orange County August 10,2017 Attn: Eddie Huffer Re: Courthouse Building We Propose To: • Replace the leaking 3 pipe reheat valve for Florida Heat-Pump unit(Serial 4 -RC 107609) • Remove old valve and install new valve • Replace the refrigerant filter/dryer • Check for any leaks and then evacuate the refrigerant circuit • Weigh new R-410A refrigerant into circuit per the unit's tag • 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�T,r rr, +++$ 3,100.00 NOTES: The above repairs performed will not exceed the above quoted price. Respectfully Submitted, ,zz� "44 Joseph Hackett Service Manager Cell: (919)-697-3222 Email:joey@trademastersne.com Accepted By: Date: 1 f Title: NC License# 16104 H-1,H-2,H-3 This pos or 30 Days re o, t r� -•t DocuSign Envelope ID:A5F35D08-B5E8-4361-A5F7-C1DF72C995D2 DocuSign Envelope ID: AB2ABB74-BA48-4734-A660-EF10056098E❑ DATE IMWDDNYYYI CERTIFICATE OF LIABILITY INSURANCE 12121120I8 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(3), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the Cartifloste holder Is an ADDITIONAL INSURED,the policy{les)must be andorsed.If SUBROGATION 13 WAIVED,subject to the terlr►s and conditions of the pollay,certain policies may require an endorsement,A statement on this Certificate does not confer rights to the certificate holder In tied of such endorsements. PRODUCER CONTACT FEDERATED MUTUAL INSURANCE COMPANY -NA I CLIENT CONTACT CENTER - PHONE F x HOME OFFICE;P.O.SOX 328 SAID,Ma Eji.,868-333.4949 _ A1a ttm:5U--44 4fiP3 CYJV`RT[]NNA,MN 554ti0 nn AILsa_CLIENT£ONTACTCENTE��gFl=01h18.�f}]uf- -. INSURER SL AFFORDING COVERAGE NAIL N INSURER A:FEDERATED MUTUAL INSURANCE COMPANY_ 13935 INSURED 348-705-5 INSURER®t -- TRADEMASTERS SERVICES INCORPORATED INSURER O: 6012 NEAL RD ❑URHAM,NC 27705 INSURER 0: INSURER E; INSURER is-- COVERAGES CERTIFICATE NUMBER:34 REVISION NUMBER:D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE 114SURED 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, yy ILTR NSR PL TYPE OF INSURANCE S eU BR FOUCY NUMBER OIpAY EFF Y IlP�OLIC1IIY YP: LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000 CLAIMS-MADE �OCCUR - ASE TO RENTED ---- $100,00D MED E%P(Anyone Parser) EXCLUDED A Y N 9337203 02111/2017 02111/2015 PERSONAL&AOV INJURY $1,0001000 O L`L AOOR E LIMIT APPLIES PER- QENERAL AOUREGATE $2,000100D - pOtI,QY �$EcT Lou PRODUCTS-COMPIOP Ago S2,L700,00ft OT#9ER: AUTOMOBILE LIABILITY OMBIHED SINGLE umir I ANY AUTO BODILY INJURY(Per person)AAUTO$ H AUTO5 NON-OWNED uLEp Y N 933T203 02/1112017 021t112018 OOPKY INJURY IPer3CcldMI) --- ' HIREO AUTOS AUTOS ROPEFYTYDA1;lAoE - I X UMBRELLA LIAR 1( OCCUR EACH OCCURRENCE $S,OIID,O{IO � A EXCESS LIAO CLAIMS-MADE N N 9337204 0211112017 02/11/2016 AOGREGATE S5,OOD,OOO DEO I RETENTION WORKERS COMPENSATION OTN- AND EMPLOYERS'LIABILITY YIN Yt PER STATUTE Ely ANY PROPMETORIPARTNEWEIIECUTIVE E,L EACH ACCIDENT $1,000,00 A oFFiaERIMEMaER ExCLuCtDT NIA N 9337205 02/1112017 02/1112016 IManMw In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 II yes,dsscrfbe under OESORIFYION OF OPERATIONS BeloW El DISEASE-POLICY LIMIT $1 D00❑00 DESORIP11ON OF OPERATIONS I LOCATIONS I VEHICLES(Altach ACORD 101.AddWond Remsrks Sche4le,11 mare space Is required) SEE ATTACHED PACE CERTIFICATE HOLDER CANCELLATION 348-705-5 340 ORANGE COUNTY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PO BOX Biel THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN HILLSBOROUGH,NC 27278-8181 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE t] 1088 2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD i i DocuSign Envelope ID:A5F35DO8-B5E8-4361-A5F7-C1DF72C995D2 DocuSign Envelope ID:AB2ABB74-BA4B-4734-A66D-EFI005609BED AGENCY CUSTOMER ID: 348-705-5 LO C#.r AICC)RE) ADDITIONAL REMARKS SCHEDULE Page of� AOENCY NAMED INSURED FEDERATED MUTUAL INSURANCE COMPANY TRADEMASTERS SERVICES INCORPORATED PO[ICY NUMBER SG12 NEAL RD SEE CERTIFICATE 9 34.0 DURHAM,NC 27705 CARRIER NAIL CODE SEE CERTIFICATE#34.0 EFFECTIVE DATE:SEE CERTIFICATE#30 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACQRD FORM, FORM NUMBER: 2S FORM TITLE: CERTIFI_GATE 4F LIABILITY 1NSUR9NCE CERTIFICATEHOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS UP 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 Ill-F-EO 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 450,000 LIMIT APPLIES TO ALL EQUIPMENT BORROWED, LEASED OR RENTED UNDER POLICY #9337203 i I ACQRD 101(2008101) v 2000 ACQRD CORPORATION.All rights reserved. The ACQRD name and logo are registered marks of ACQRD i s