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Home My WebLink About2019-768-E AMS - Trademasters Library roof DocuSign Envelope ID:CE526EB3-2D2E-4F29-B184-F49AAE6E5A71 nn os Gov [Departmental Use Only] TITLE Library Supply Fan FY 2020 ORANGE COUNTY CONTRACT UNDER$5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 16th day of October, 2019, ("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 Trademasters Services, Incorporated (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 and/or construction (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Library-137 W Margaret Ln-roof top unit motor was down. replaced supply fan motor for unit. The term of this agreement rendered shall be from 9/9/2019 to 11/20/2019. 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. 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 Two Hundred Thirty Nine and Eighty Five Cents, ($3,239.85). 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 be required by County's Risk Manager as such insurance requirements are described in the Orange County Revised 12/18 1 DocuSign Envelope ID:CE526EB3-2D2E-4F29-B184-F49AAE6E5A71 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 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 parties or by the County upon written notice to the Provider. County may suspend this Agreement upon reasonable notice to 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. 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 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://www.oran ec�ounlync. og v/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 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 Orange County, North Carolina. Revised 12/18 2 DocuSign Envelope ID:CE526EB3-2D2E-4F29-B184-F49AAE6E5A71 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. ORANG' Uocusigned by: PROVIDEF �ocu5igned by: By: 2ooscoae81844c5. By: oaso23s1 OA84Po Department Director Title: _. -N" -,ions 200 S. Cameron St. Trademasters Services,Incorporated P.O. Box 8181 5012 Neal Road Hillsborough,NC 27278 Durham,NC 27705 Revised 12/18 3 DocuSign Envelope ID:CE526EB3-2D2E-4F29-B184-F49AAE6E5A71 Trademasters Services, Incorporated Invoice 919-382-3332(fax) 5012 Neal Road Date Invoice# Durham,NC 27705 9/9/2019 10975 Bill To Ship To Orange County 137 West Margaret Lane Asset Management Services Hillsborough,NC 27278 ATTN:Allison Cooper 131 W.Margaret Ln. Hillsborough,NC 27278 P.O. No. Terms Job# Project Due on receipt 190355-LIB-B replace supply fan motor Description Qty Rate Amount 8-23-19 Eddie Called,having trouble with rooftop unit for the Library.Either Ilse motor or the drive is down.When I arrived,we checked out the unit and found that the motor was bad and we advised Eddie of the issue.We was told to go ahead and fix it. Found new motor in Durham,had another technician pick it up and help to installed it.Removed old motor and set new one in place, wired,started and checked operation. Note*replace three fuses and left 3 spares in control box 101111 motor 2,367.85 2,367.85T 300Amp1600 Volt fuses 9 28.00 252.00T Dale&Chris 4 115.00 460.00T Steven 3 50.00 150.00T Trip Charge 10.00 10.00 E L� If you have any questions,please a-ma'r3 Accounts_Receivable@trademastersne.coni or call 919-382-3330. Subtotal $3,239.85 Any unpaid invoices more than 30 days past due will be subject to a charge of 1.5%per month which is an 18%annual rate. Sales Tax (0.0e ) $0 00 A 4%credit card transaction processing fee will be applied to invoices paid by AMEX,MC, or VISA. Total $3,239.85 Thank you for your business! PaymentslCredits $0.00 Balance Due $3,239.85 DocuSign Envelope ID:6338AE81-17FO-4DO4-AB27-3AE6E5638587 ACQR�� CERTIFICATE OF LIABILITY INSURANCE FDAT12/21/D/YYYY) 12/21/2018 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 endorsements. PRODUCER CONTACT E. CLIENT CONTACT CENTER FEDERATED MUTUAL INSURANCE COMPANY NA' HOME OFFICE: P.O. BOX 328 (AC A CNNo EMI:888-333-4949 FAX No):507-446-4664 OWATONNA, MN 55060 ADDRESS:CLIENTCONTACTCENTER FEDINS.COM INSURER S)AFFORDING COVERAGE NAIC# INSURER A:FEDERATED MUTUAL INSURANCE COMPANY 13935 INSURED 348-705-5 INSURER B: TRADEMASTERS SERVICES INCORPORATED INSURER C: 5012 NEAL RD DURHAM, NC 27705-2362 INSURER D: 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 TYPE OF INSURANCE DL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR M ! Y MIDDIY-Y X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000 CLAIMS-MADE X❑OCCUR DAMAGE TO RENTED $100,000 MED EXP(Any one person) EXCLUDED A Y N 9337203 02/11/2019 02/11/2020 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 NOTHER: SECT ❑ LOC PRODUCTS-COMPIOP AGG $2,000,000 POLICY El AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 Ea acciden X ANY AUTO BODILY INJURY(Per person) OWNED AUTOS ONLY SCHEDULED A AUTOS Y N 9337203 02/11/2019 02/11/2020 BODILY INJURY(Per accident) HIRED AUTOS ONLY NON-OWNED PROPERTY DAMAGE AUTOS ONLY IPer accident)) X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $5,000,000 A EXCESS LIAB CLAIMS-MADE N N 9337204 02/11/2019 02/11/2020 AGGREGATE $5,000,000 DED RETENTION WORKERS COMPENSATION TERR AND EMPLOYERS'LIABILITY X PER STATUTE E Y/N ANY PROPRI ETORIPARTNE RI EXECUTIVE E,L,EACH ACCIDENT $1,000,000 A OFFICERIMEMBER EXCLUDED? [:]NIA N 9337205 02/11/2019 02/11/2020 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below t E.L DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) SEE ATTACHED PAGE CERTIFICATE HOLDER CANCELLATION 348-705-5 340 ORANGE COUNTY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PO BOX 8181 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN HILLSBOROUGH, NC 27278-8181 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1 _ ' �+ 40V, O 1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:6338AE81-17F0-4D04-AB27-3AE6E5638587 AGENCY CUSTOMER ID: 348-705-5 LOC#: _ AC�RL7�' ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMEDINSURED FEDERATED MUTUAL INSURANCE COMPANY TRADEMASTERS SERVICES INCORPORATED POLICY NUMBER 5012 NEAL RD SEE CERTIFICATE#34.0 DURHAM, NC 27705-2362 CARRIER NAIC CODE SEE CERTIFICATE#34.0 EFFECTIVE DATE:SEE CERTIFICATE #34.0 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY 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 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 ACORD 101 (2008101) O 2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD