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HomeMy WebLinkAbout2012-408 EMS - Harris Bros Electric & Controls Inc for Motorize Warehouse Roll Up Doors $10,110.65 S NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$25,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this 15th day of November, 2012 by and between Orange County, North Carolina (hereinafter the "Owner") party of the first part; and Harris Bros. Electric & Controls Inc. (hereinafter the "Contractor"), party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the Owner hereby contracts for the construction services of the Contractor, and the Contractor agrees to provide the construction services to the Owner in accordance with the terms of this Agreement. 1. TERM Beginning and ending dates of contract: 12/1/2012 through 12/15/2012. The Project Commencement Date shall be 12/1/2012. 2. MAXIMUM AMOUNT PAYABLE Dollar Amount Not to Exceed: Ten Thousand One Hundred Ten Dollars and Sixty-Five Cents ($10,110.65) 3. SERVICES Contractor agrees to provide the following construction services (the "Work"): See attached quote. Contractor shall not sub-contract all or any part of the construction services provided for in this Agreement without prior written approval of the Owner. Contractor shall be responsible for all errors or omissions, in the performance of the Agreement. Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to Owner. 4. PAYMENT Contractor shall submit an invoice for construction services provided. The invoice shall contain Contractor's name and federal tax identification number and shall be signed and dated by an officer of Contractor. It shall detail all construction services provided in payment requests. The Owner will make payments to Contractor within thirty (30) days after receipt of and approval of the invoice by the contracting department. In the event the amount stated on an invoice is disputed by Owner, then Owner may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. In addition, should Contractor fail to perform its duties under the terms of this Agreement, Owner may, without fault or penalty, withhold any payment associated with the Work to be performed until such time as said work is completed. 5. RELATIONSHIP OF PARTIES Revised November 2011 1 Contractor is an independent Contractor of the Owner. Contractor represents that it has or will secure, at its own expense, all personnel required in performing the`construction services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the Owner. All personnel engaged in work under this Agreement shall be fully qualified and shall be authorized or permitted under state and local law to perform such construction services. It is further agreed that Contractor will obey all State and Federal statutes, rules and regulations which are applicable to provisions of the construction services called for herein. Neither Contractor nor any employee of the Contractor shall be deemed an officer, employee or agent of the Owner. 6. TERMINATION This Agreement may be terminated by Contractor upon thirty (30) days' written notice to the Owner, and the Owner may terminate this agreement upon thirty (30) days' written notice to Contractor. 7. INSURANCE REQUIREMENTS Contractor shall obtain, at its sole expense, all insurance as required in the Owner's risk management policy and shall not commence construction work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. Such insurance shall name the Owner as Additional Insured under both General Liability and Auto Liability policies. 8. INDEMNIFICATION Contractor agrees to defend, indemnify, save and protect Owner and Owner's lender, if any, harmless from and against any and all claims, liens, liabilities, losses, damages, causes of action, and expenses (including court costs and reasonable attorney's fees related thereto) arising out of, in connection with, or resulting from any negligence, act or failure to act by the Contractor, the Contractor's agents, assigns or employees related to the Work. It is the intent of this section to require Contractor to indemnify the Owner to the extent permitted under North Carolina law. 9. NON-ASSIGNMENT Contractor shall not assign all or any part of this Agreement, including rights to payments, to any other party without the prior written consent of the Owner. 10.NON—APPROPRIATION Contractor acknowledges that Owner 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 Owner's obligations under this Agreement, then this Agreement shall automatically expire without penalty to Owner immediately upon written notice to Contractor of the unavailability and non-appropriation of public funds. It is expressly agreed that Owner shall not activate this non- appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. Revised November 2011 2 In the event of a change in the Owner's statutory authority, mandate arid/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects Owner's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to Owner upon written notice to Contractor of such limitation or change in Owner's legal authority. 11.ENTIRE AGREEMENT 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 by a written amendment to this Agreement signed by the parties. Modifications may be evidenced by telefacsimile signatures. 12. GOVERNING LAW Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and any action brought under this Agreement shall be brought in the General Court of Justice of the State of North Carolina in Orange County. IN WITNESS WHEREOF Orange County and the Contractor have signed this agreement, effective as of the day and date first above written. ORANGE COUNTY CONTRACTOR r By By Frank i on, jKnVer Calvin Harris 200 S. Cameron 2712 Hillsborough Road P.O. Box 818 Durham, NC 27705 Z Hillsborough, NC 27278 This instrument has been,approv as to technical content. F. R. Montes de Oca, department Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Office of the Finance Officer Thtu approved as to legal form and sufficiency. Office of the County Attorney Revised November 2011 3 ,.�•-"' y HARRBRO OP ID:RSF .4Gt�►Rl�►" DATE quwnaYYrn CERTIFICATE OF LIABILITY INSURANCE 11108/12 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 pollcy(les)must 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 endorsemen s. PRODUCER caNT�cr Phone- INSURANCE SERVICE CENTER Fax:910-323-379& PHONE PO BOX X40736 FAYETTEVILLE,NC 28309 INSURANCE SERVICE CENTER INSURER I3 AAPFOROIN0 COVERAGE NAiC• INSURERA:STATE AUTO INSURANCE INSURED HARRIS BR.OS ELEG&CONTROLS,INC � INSURER a:FIRST BENEFITS INSURANCE 13098 2712 HILLSBOROUGH RD _ . . __.._. _. ._.. _ __.._ ... DURHAM,NC 27705 (Nsuru¢ac: INSURER : COVERAGES CERTIFICATE NUMBER- REVISION NUMBER: 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. TYPE CAP INSURANCE ADWSUIP IMIMM POLICY NUA1 _. v LIMITS QENSRAL LIABILITY [I EACH OCCURRENCE $ 11000r A X COMMFRCAAL GENERAL LABILITY SOP2691637 07114112 ( 07114/13 _ 00 CLAIMS-MADE L X J OCCUR 1 mEMISE�tEa�I S 300, t MAED EXP om 11 10, v ( PERSONAL d ADV INJURY S 1,000 GENERAL AGGREGATE _ 5 2,000, GEWL AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG S ..._._.....___2,004, POLICY I X1 LOC AUTOMOSU LIABILITY C NED SINGLE LIMIT x,000, A X ANY Aura SAP2357276 � 07114/12 � 07114/18 BODILY INJURY(pat Pawn) S -- T ALL OWNED F_ SCHEDULED BODILY INJURY{Pat acadowt) S X MIRE AUTOS X N S$YVNED ( PROPERTY DAMAGE It ,�( UMBRELLA LIAa ( OCCUR EACH OCCURRENCE 3 2,000,00 A Excess LIAa CLAInas naAnEii CXS2110602 j 07114/12 07114113 AGGREGATE s _..... _.. WORKERS COMPENSATION AINO EMPLOYOW UASIUTY Yin , X IiTRY�L�T$L R EFL ANY PROPRIETORlPARTNERIExECUTtVE 5868 07114112 07114113 E,L EACH ACCIDENT S 1,000,00 OFF CE"EMSER EXCLUDED? NIA In II{ EL DISEASE EA EMPLOYE S _ 1'0w00( 'D'rSd P OF PERATKINS E.L DISEASE-POLICY LIMIT S 1100010 ba I i t DESCRIPTION OF OPERATIONS t LOCATIONS I VEHICLES(Attach ACORD 101,Addtdanal Ranuuka Schaduia,If more o"as Is requh,*4) CERTIFICATE HOLDER CANCELLATION EMERMAN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN EMERGENCY MANAGEMENT COORDINAT ACCORDANCE WITH THE POLICY PROVISIONS. ORANGE COUNTY EMERGENCY SERVICES M AUTHORREDREPREBENTATE 510 MEADOWLANDS DR Ate;, MILLSBOROUGH,NC 2 278 X31588-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010106) The ACORD name and logo are registered marks of ACORD Harris Bros. Electric & Controls, Inc. 2712 Hillsborough Road Durham, NC 27705 Phone: (919) 220-8500 ** Fax: (919) 220-7009 Bid Proposal Date: September 17, 2012 To: Darshan Patel Company: Orange County Telephone: 919-245-6135 Email: dyatelfto.orange.nc.us From: Calvin Harris Company: Harris Bros. Electric & Controls, Inc. Telephone: (919) 220-8500 Fax: (919) 220-7009 Project: Overhead Door Operators at Emergency Services Scope of Work: Install conduit and wiring from panels in rear to the roll up doors. Install the start and stop buttons (that are provided by others) and wiring at doors and in the office area. Contract from Overhead Door Company of Raleigh Inc to install the motors and controls per quote that Darshan received from them 11/2/2012. Total Base Bid: $10,110.65 (Ten Thousand One Hundred Ten Dollars 65/100) Notes: • Work to done during normal working hours.