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HomeMy WebLinkAbout2018-796-E AMS - Trademaster Seymour Center controller repair DocuSign Envelope ID:94EOF6DC-D4D5-4011-992D-8A89BE5B69C9 [Departmental Use Only] DS �D TITLE Seymour Controller FY 2019 ORANGE COUNTY CONTRACT UNDER$5,000.+00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 29th day 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 park; and Trademasters Services Inc (the "Provider"),party of the second park; 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 and/or construction (hereinafter referred to collectively as "Services') to be furnished under this Agreement are as follows: Seymour-2551 Homestead Rd-Replace Carrier CCN VVT Controller VAV 1-4 with new OEM Controller.Program new controller for proper operation. The term of this agreement rendered shall be from 12/10/2018 to 2/20/2019. 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. Pa ment: 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 One Thousand Two Hundred Ninety Five, ($1,295.00). 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 hercof 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 be required by County's .Risk Manager as such insurance requirements are described in the Grange County [revised 10/17(Mgr appry 5k 6/18) 1 DocuSign Envelope ID:94EOF6DC-D4D5-4011-992D-8A89BE5B69C9 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http:llwww.orani=ecountync.gov/departments/purchasing diyisionlcontracts.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. Indemni : The Provider agrees,without limitation,to defend, indemnify,and hold harmless Change 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 in 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 patties or by the County upon written notice to the Provider. County may suspend this Agreement upon reasonable notice to Provider. 7. Entire Agreement and Si tg gtures: 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. 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 I IA and Article 40 of North Carolina General Statute Chapter 66. 8. Governing Law and Priority: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and 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 Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http,llwww.orangecounlyne.gov/departments/purchasing divisionlcontracts.phy.). 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 certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, 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 subcontractor identified,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 such litigation shall be initiated in the General Court of Justice of North Carolina seated in ©range County, North Carolina. Revised 10/17(Mgr appry 5k 6118) 2 DocuSign Envelope ID:94EOF6DC-D4D5-4011-992D-8A89BE5B69C9 10, Non Appropriatiaii: 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,Grange County and the Provider have signed this Agreement,effective as of the day first written above. ORANGv PM INrrry PROV11lu D Docu5igned by: ct, ned by: By: fiVcwuS By: p` OA3ES1B12BULUF.. V�3 V 4' vi ons DeparLuie�i�vuecwr Title: q 200 S. Cameron St. Trademasters Set-vices Inc P.O.Box 8181 5012 Neal Road Hillsborough,NC 27278 Durham,NC 27705 Revised 10717(Mgrappry Sk6118) DocuSign Envelope ID:94EOF6DC-D4D5-4011-992D-8A89BE5B69C9 TradwMilSteAr Cotntnercial Industrial HVAC 5012 Neal Road, Durham,NC 27705 Service: 919-680-6400,Of flee: 919-382-3330,Fax 919-382-3332 Company: Orange County Novein ber 30, 2018 Attn: Dustin Bryant Re: O.C. Seymour Center We Propose To: • Replace Carrier CCN VVT Controller VAV 1-4(at address 0, 13)with new OEM Controller • Program new controller for proper operation • Check operations We will provide Labor,(During Nonnal Business Hours)Materials, Shipping, OEM Parts and any factory Warranties provided For The Sum Of++++++ ++++$ 1,295.00 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. Respectfully Submitted, Joseph Hackett Service Manager Cell: (919)-697-3222 Email:joey@trademastersne.com Accepted By: Date: ! 1 Title: NC License# 16104 H-1,H-2, H-3 This Proposal Valid For 30 Days DocuSign Envelope ID:94EOF6DC-D4D5-4011-992D-8A89BE5B69C9 ACpRJ©� DATE iMMimff YY) CERTIFICATE OF LIABILITY INSURANCE D4/17I2018 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 pollcy(iss) 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 HOME OFFICE.P.D.13OX 328 PRO Exl:888-333-4949 arc No:507-446�664 OWATONNA,MN 55060 E-MAIL CLIENTCONTACTCENTER FEQINS.COM INSURERS AFFORDING COVERAGE NAIL INSURER A:FEDERATED MUTUAL INSURANCE COMPANY 13935 _ INSURED 348-705-5 INSURER B: TRADE;MASTERS SERVICES INCORPORATED INSURER C, 5012 NEAL RD DURHAM,NC 27705-2362 INSURER D: INSURER E; INSURER Ft 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 DL SUBR POLICY NUMBER POLnY EFF POLICY EXP LIMITS LTR INSR WVRS MMIDDIYYYY MMfDDIYYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000 CLAIMS-MADE X�OCCUR D�IS IST Ea oc urrre ce $100,000 ME EXP I"one person) EXCLUDED A Y N 9337203 02/11/2018 02/11/2019 PERSONAL&ADVINJURY $1,ODO,000 OEN'L AOOREOATE LIMIT APPLIES PER., GENERAL AGGREGATE $2,000 0Q0 X POLICY ❑JECCT LGC PRODUCTS-COMPIOP AGO $2,00 000 OEHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 Ea acslden X ANY AUTO BODILY INJURY IPer person) - A OWNED AUTOS ONLY SCHEDULEDAUTOS Y N 9237203 02/11/2018 02/11/2019 BODILY INJURY IPer accidenQ HIRED AUTOS OtiLY NON-OWNED PROPERTY DAMAGE AUTOS ONLY Per aaida x UMBRELLA LIAR X OCCUR EACH OCCURRENCE $5,000,000 A EXCESS LIAR CLAIMS-MADE N N 93372D4 02/11/2018 02/1112019 AGGREGATE $S,DQQ,DDD DED RETENTION WORKERS COMPENSATION H OT - AND EMPLOYERS'LIABILITY X PER STATUTE ER. ANY PROPRIETORIPARTNERIEXECUTIVE Y❑ E,L,EACH ACCIDENT 31,000,000 A OFFICERIMEMBER EXCLUI NIA N 9337205 02/11/2018 02/1112019 E L DISEASE-EA EMPLOYEE IMandalvey in NH) $11000,000 11 yes,describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT $1,000,0DO I. DESCRIPTION OF OPERATIONS i LOCATIONS f VEHICLES(ACORD 101,Additional Remarks Schedule,may be aSlached IF mono spaee Is required) SEE ATTACHED PAGE CERTIFICATE HOLDER CANCELLATION 348-705-5 342 ORANGE COUNTY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PO BOX 8181 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN H I LLSBOROUGH,NC 2 7278-8 1 81 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 0 1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:94EOF6DC-D4D5-4011-992D-8A89BE5B69C9 AGENCY CUSTOMER ID: 348-705-5 LOC ACtflRI]� ADDITIONAL REMARKS SCHEDULE Page .of 1 AGENCY NAMEDINSURED FEDERATED MUTUAL INSURANCE COMPANY TRADEMASTERS SERVICES INCORPORATED POLICY NUMBER 5012 NEAL RD SEE CERTIFICATE#34.2 DURHAM,NC 27705.2362 CARR$ER INAIC 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 CERTIFICATEHOLDI_R 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 IN-F-30 ITEM E PROVIDES COVERAGE FOR BORROWED, RENTED OR LEASED EQUIPMENT FOR A PERIOD NOT TO EXCEED 50 DAYS FROM THE DATE OF THE RENTAL AGREEMENT. A 350,000 LIMIT APPLIES TO ALL EQUIPMENT BORROWED, LEASED OR RENTED UNDER POLICY #9337203 k ACORD 101 (2008101) ii�2608 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD