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HomeMy WebLinkAbout2018-748-E AMS - Quality Air Tools 80 Gal Tank Install[Departmental Use Only] TITLETank Installation FY2019 ORANGE COUNTY CONTRACT UNDER$5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 2ndday of November,2018, (“Effective Date”) by and between Orange County, North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first part; and Quatliy Air Tools Raleigh(the "Provider"), party of the second part; W I T N E S S E T H: 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/ormaterialsand/or construction (hereinafter referred to collectively as “Services”) to be furnished under this Agreement are as follows: supply and install Champion's 80 gallon vertical tank, paint and pressure relief vaLve, manual tank drain, pressure gauge and service valve, air connector hose and freight to ship equipment, plus labor to install same at 600 Highwy 86 North, as detailed in provided quote 157901. The term of this agreement rendered shall be from October 1, 2018to November 30, 2018. 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, norshall Provider assign any right or responsibility granted or required by this Agreement, without the prior written approval of the County. SPECIFIC TERMS 1.Payment: TheCounty agrees to pay at the rates specified for Services satisfactorily performed inaccord with this Agreement. The amount to be paid by the County shall not exceed one thousand six hundred eighty two dollars and thirty eight cents , ($1682.38 ). 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 10/17 (Mgr apprv 5k 6/18)1 DocuSign Envelope ID: 6CE9F4FB-27D4-4B9A-A269-DDC1952921CB 4.Insurance:Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers’ Compensation Insurance, and any additionalinsurance 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://www.orangecountync.gov/departments/purchasing_division/contracts.php). If County’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). 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, without limitation,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 Providerin carrying out Provider’s duties and obligations related to the Services to be provided in this Agreement. 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 Provider. 7.Entire Agreementand 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 theparties. Modifications may be evidenced by telefacsimile signature.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.Governing Lawand Priority:Both parties agree that this Agreement shall be governed by the laws of the State of North Carolinaand Orange County.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 Policyand Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http://www.orangecountync.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. Thisparagraph is not intended to limit and does not limit the definition of breach to discrimination. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractoridentified, on the list created by the State Treasurer pursuant to G.S. 147-86.58.By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractoridentified, on the list created by the State Treasurer pursuant to G.S. 147-86.81.By executing this Agreement Provider affirms Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9.Dispute Resolution:Neither party may initiate binding arbitration. Any disputes shall be resolved by nonbinding mediation. If such mediation fails either party may initiate litigation to resolve the dispute. Should either party initiate litigation to settle any dispute involving the terms of this Agreement Revised 10/17 (Mgr apprv 5k 6/18)2 DocuSign Envelope ID: 6CE9F4FB-27D4-4B9A-A269-DDC1952921CB such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. 10.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. IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTYPROVIDER By: _________________________By: _________________________ Department DirectorTitle: ________________________ 200 S. Cameron St.Quality Air Tools Raleigh P.O. Box 81813713 Conquest Drive Hillsborough, NC 27278Garner, NC 27529 Revised 10/17 (Mgr apprv 5k 6/18)3 DocuSign Envelope ID: 6CE9F4FB-27D4-4B9A-A269-DDC1952921CB   QAT Raleigh 3713 Conquest Dr Garner NC, 27529 919-329-9650 QUOTE # 157901 ORANGE COUNTY MOTOR POOL 600 HWY 86 NORTH HILLSBOROUGH, NC 27589 919-245-2634 QUOTE TO HILLSBOROUGH, SHIPPING ADDRESS ORANGE COUNTY MOTOR POOL 600 HWY 86 NORTH NC 27589 Attn:WILLIAM RUSSELL 919-475-8166 NEED BY 10/03/2018 TERMS DAYS Ship Method: Net 20 2.00% 10 Install CUSTOMER PO #ITEM NUMBER DESCRIPTION QTY UNIT CORE REC'D EACH TOTAL 1 M-CHA-201810- 18538 1.00 EA $1,050.00$1,050.00 Part# Z1686 Champion’s 80 gallon vertical tank includes paint and pressure relief valve, manual tank drain, pressure gauge and service valve 2 ACH AIR CONNECTING HOSE 1.00 EA $15.00$15.00 3 TAXABLE LABOR LABOR 1.00 EA $300.00$300.00 4 FREIGHT PLEASE NOTE: THIS QUOTE REFLECTS ESTIMATED FREIGHT CHARGES ONLY THEREFORE; ADDITIONAL FREIGHT CHARGES MAY APPLY 1.00 EA $200.00$200.00 Wednesday, October 3, 2018 Subtotal:$1,565.00 Freight$.00 Tax:$117.38 TOTAL:$ 1,682.38 NOTES /Lyndsay Storms ACCEPTANCE OF PROPOSAL The above prices, specifications and work are satisfactory and are hereby accepted. Payment will be made as outline above. Quote is Valid for 30 days. Delivery quoted is our best estimate at the time of this proposal. Please contact your Sales Representative for firm shipping information. All goods are quoted FOB Shipping Point unless noted otherwise. QAT is not responsible for equipment damaged by the freight company. Please check the goods when delivered before signing for it. Federal, State and Local taxes may not be included in this proposal and all applicable taxes will be added to the final invoice. In the event of any litigation between the parties, Customer shall pay QAT for any attorney´s fees it incurs in defending or prosecuting an action. SIGNATURE PRINTED NAME DATE PO# PLEASE ACKNOWLEDGE RECEIPT OF THIS DOCUMENT CONTACT US AT 919-329-9650 FAX www.teamqat.com Printed by lyndsay storms on 10/3/2018Page 1 of 1 DocuSign Envelope ID: 6CE9F4FB-27D4-4B9A-A269-DDC1952921CB ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSRADDLSUBR LTRINSDWVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFFPOLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE$ DAMAGE TO RENTEDCLAIMS-MADEOCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY$ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ PRO-POLICYLOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNEDSCHEDULED BODILY INJURY (Per accident)$AUTOS ONLYAUTOS HIREDNON-OWNED PROPERTY DAMAGE $AUTOS ONLYAUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE$ DEDRETENTION$ PEROTH- STATUTEER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE$ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGENAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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 endorsement(s). COVERAGESCERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDERCANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 10/15/2018 License # 0E67768 (678) 450-9180 20281 Quality Air Tool Repair, Inc. 1460 W. Evans St. Florence, SC 29501 20303 10335 A 1,000,000 3587102512/31/201712/31/2018 1,000,000 10,000 1,000,000 2,000,000 2,000,000 COMBINED TOTAL10,000,000 1,000,000B 7358258112/31/201712/31/2018 1,000,000A 7984554412/31/201712/31/2018 1,000,000 10,000 C 0196-1237212/31/201712/31/2018 500,000 500,000 500,000 General Liability-Forms & Endorsements Blanket Additional Insured on a Primary and Non-Contributory basis per carrier form 80-02-2367 (05/07) Additional Insured - Ongoing operations per carrier form 80-02-2305 (03/17) Blanket Waiver of Subrogation per carrier form 80-02-2000 (04/01) Per Location/Project Aggregate per carrier form 80-02-6554 (03/17) SEE ATTACHED ACORD 101 Orange County PO Box 8181 Hillsborough, NC 27278 QUALAIR-01EWELLL Insurance Office of America, Inc. 854 Washington Street NW Suite 200 Gainesville, GA 30501 Lori Ewell lori.ewell@ioausa.com Federal Insurance Company Great Northern Insurance Company Bridgefield Casualty Insurance Company X X X X X X X X DocuSign Envelope ID: 6CE9F4FB-27D4-4B9A-A269-DDC1952921CB AGENCY CUSTOMER ID: LOC #: Page ofADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ACORD 101 (2008/01)© 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD QUALAIR-01EWELLL 1 11 License # 0E67768 Quality Air Tool Repair, Inc. 1460 W. Evans St. Florence, SC 29501 Insurance Office of America, Inc. SEE PAGE 1 SEE PAGE 1SEE P 1 SEE PAGE 1 ACORD 25Certificate of Liability Insurance Description of Operations/Locations/Vehicles: Automobile Liability-Forms & Endorsments Blanket Additional Insured per carrier form 16-02-0292 (04/11) Waiver of Subrogation per carrier form 16-02-0292 (04/11) Workers' Compensation-Forms & Endorsements Blanket Waiver of Subrogation per form WC 00 0313 (04/84) Excess/Umbrella Following Form - Coverage A per form 07-02-0815 (07/01) DocuSign Envelope ID: 6CE9F4FB-27D4-4B9A-A269-DDC1952921CB DocuSign Envelope ID: 6CE9F4FB-27D4-4B9A-A269-DDC1952921CB DocuSign Envelope ID: 6CE9F4FB-27D4-4B9A-A269-DDC1952921CB DocuSign Envelope ID: 6CE9F4FB-27D4-4B9A-A269-DDC1952921CB DocuSign Envelope ID: 6CE9F4FB-27D4-4B9A-A269-DDC1952921CB DocuSign Envelope ID: 6CE9F4FB-27D4-4B9A-A269-DDC1952921CB DocuSign Envelope ID: 6CE9F4FB-27D4-4B9A-A269-DDC1952921CB DocuSign Envelope ID: 6CE9F4FB-27D4-4B9A-A269-DDC1952921CB DocuSign Envelope ID: 6CE9F4FB-27D4-4B9A-A269-DDC1952921CB