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Home My WebLink About2019-864-E AMS - Trademasters DSS RTU 6 repairRevised 12/18 1 [Departmental Use Only] TITLE DSS RTU6 FY 2020 ORANGE COUNTY CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 18th day of November, 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; 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/or materials and/or construction (hereinafter referred to collectively as “Services”) to be furnished under this Agreement are as follows: Hillsborough Commons-113 Mayo St- DSS RTU #6 not cooling. Changed the thermistor on the condensing coil for circuit C. The term of this agreement rendered shall be from 10/1/2019 to 11/30/2019. 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 Five Hundred Sixty Eight, ($568.00). 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 be required by County’s Risk Manager as such insurance requirements are described in the Orange County DocuSign Envelope ID: 77A640A8-969A-4B6F-90CF-BC30513D6DF0 Revised 12/18 2 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.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. 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. DocuSign Envelope ID: 77A640A8-969A-4B6F-90CF-BC30513D6DF0 Revised 12/18 3 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 COUNTY PROVIDER By: _________________________ By: _________________________ Department Director Title: ________________________ 200 S. Cameron St. Trademasters Services, Incorporated P.O. Box 8181 5012 Neal Road Hillsborough, NC 27278 Durham, NC 27705 DocuSign Envelope ID: 77A640A8-969A-4B6F-90CF-BC30513D6DF0 DocuSign Envelope ID:77A640A8-969A-4B6F-90CF-BC30513D6DF0 Trademasters Services, Incorporated Invoice JEC-o"E 919-3$2-3332{fay} 5012 Neal Road OCT 31 2019 Date Invoice# Durham,NC 27705 I o121/201 g 11088 elf:--�_ � Bill To Ship To Orange County Dept,of Social Services Asset Management Services 113 Mayo Street ATTIV:Allison Cooper Iillsborough,NC 27278 131 W.Margaret Ln. Hillsborough,NC 27278 P.O. No, Terms Job# Project Due on receipt 190355-DSS-C RTU-6 issues Description Oty Rate Amount 9-24-19 Eddie called in stating that RTU#6 was not cooling and had alarms.When I arrived I found the unit in alarm for compressor rotation. I then found the unit was phased wrong.I corrected the wiring and found the unit to be running and cooling as it should. The unit had an alarm for circuit C thermistor, l found the thermistor to be very corroded and not reading properly. l informed Eddie the unit was back running but the thermistor would need to be ordered he stated to go ahead and order it and replace it when it came in. 10-1-19 Arrived today to change the thermistor on the condensing co I for circuit C.I removed the old thermistor and mounted the new one in place.I then wired it in as it should be and tested it to ensure r it was reading correctly,All readings are correct at this time. i s Thermistor 1 98.00 98.00T Evan 4 115.00 460.00T Trip Charge 10.00 10.00 Ifyou have any questions,please e-mail Accounts_ReceivablckPtradcmastcrsnc.com or call 919-382-3330. Subtotal 3568.00 Any unpaid invoices more than 30 days past due will be subject to a charge of 1.5%per Sales Tax �d.�°�o� month which is an 18/a annual rate. $0.00 A 4°/o credit card transaction processing fee will be applied to invoices paid by AMEX,MC, or VISA. Total $568.00 Thank you for your business! PaymentsiCredits $0.00 Balance Due $568.00 r DocuSign Envelope ID:77A64OA8-969A-4B6F-90CF-BC30513D6DFO ACQR�� CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DD/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 mcel $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 H- OT EMPLOYERS'LIABILITY Y/N X PER STATUTE ER 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:77A640A8-969A-4B6F-90CF-BC30513D6DF0 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