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HomeMy WebLinkAbout2013-408 AMS - Harris Bros Electric Control Inc for Replace Batter Backup Ballast at West Campus Library $1,296 ig rn s NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$25,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this 16th day of September, 2013 by and between Orange County, North Carolina (hereinafter the "Owner") parry of the first part; and Harris Bros. Electric & Control, 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: September 16, 2013 through October 31, 2013. The Project Commencement Date shall be September 16, 2013. 2. MAXIMUM AMOUNT PAYABLE Dollar Amount Not to Exceed: One Thousand Two Hundred Ninety-Six Dollars ($1,296.00) 3. SERVICES Contractor agrees to provide the following construction services (the "Work"): as outlined in the attached proposal: West Campus Office Building - replace battery back up ballasts. 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 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 Revised November 2011 1 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. S. 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 (inclu(iing 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. In the event of a change in the Owner's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects Revised November 2011 2 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 By By -� Frank W. Clifton, Wager Harris Bros. Electric & Controls, Inc. 200 S. Cameron S . 2712 Hillsborough Road P.O. Box 8181 Durham,NC 27705 Hillsborough,NC 27278 This instrument has been approved as to technical content. Jeffre Thompson, 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 This instr ent has n a proved as to legal form and sufficiency. 1/Vce of the ounty Attorney Revised November 2011 3 Harris Bros. Electric & Controls, Inc. 2712 Hillsborough Road Durham, NC 27708 Phone: (919) 220-8500** Fax: (919) 220-7009 BID PROPOSAL Date: July 24, 2013 To: Paul Sorrell Company: Orange County E-mail: psorreli@orangecountyne.gov From: Chris Harris Company: Harris Bros. Electric & Controls, Inc. Telephone: (919) 220-8500 Fax: (919) 220-7009 Project: Orange County Library Scope of Work: 8 Replace battery back up ballast. $544.00 2'x4' Fluorescent lights 1 Replace battery back up ballast over. $752.00 2nd floor stairwell Total Base Bid: $1,296.00 (One Thousand Two Hundred Ninety-Six Dollars) Notes: • Battery back up ballast provided by others. • Priced for work to be done during normal business hours. • Bid good for 30 days. Ac®- CERTIFICATE CAF LIABILITY INSURANCE Date (6L1L 09!12!20013`13 MI 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 po(Icy()os) must bD endorsed. It SUBROGATION IS YJAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement.A statomnnt on this certificate does not cantor rights to tho certificate holder In lieu of such andorsement(s). PRODUCER ca^TACT Joshua E Matthews Insurance Agency 9 encl/Inc. JOSHUA E MATTHEWS PW,"+°t/�o E,I (913)598-6800 'AX 919 598-6815 JOSHUA E MATTH`WS INSURANCE AGENCY INC. EILVUL (AX.r ul: ( ) 2144 PAGE RD. AoDRESa: jashua�matthewsinsurance.biz PRODUCER 201 SUITE 106 DURHAM NC 27703 CUSTOMER ID INSURER(S)AFFORDING CCVERAG= NAIC 3 INSURED IrSURERA Erie Insurance Exchange Harris Brothers Electric&Controls,Inc. Harris Brothers Electric&Controls Enterprises,LLC INSURER a 2712 Hillsborough Rd MS61URC Durham NC 27705 IA3e)RER D :USURER E ; WSURER F ; COVERAGES CERTIFICATE NUMBER: 2835 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE 114SURED 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. FXCI USIONS AND CONDITIONS OF StIrLI POI IQFS r IMITS SHrWN h1AY HAVE RFFN RFnUQFQ BY PAID CLAIMS INSR LTR TYPEOFINSURANCE i!�DL'sJO! POLICY NUMBER POLICY:Fr i POucY EXP LIMITS LTR ,.tISR I KVO { lLrhL9---Y) ._tym'-wa-re ) A 'dENErw LrAaury Q431450679 07114M3 07/14114 'EACH OCCURRENCE 5 . 1,000,000, X COMMERCIAL GENERAL LIABILITY ug �rI S 1,000,000 CLAIMS•MADE X :OCCUR MED.EXP(Any ene Pa;ion) S b,C00 I PERSONAL&ADV INJURY S 1,000,000 l GENERAL AGGREGATE S 2,000,000 GEML AGGREGATE LIMIT APPLIES PER: I I +PRODUCTS-COMP/OPAGG i S 2,000,000 X POLICY: i ECT i LOC ! II I I S A I AutoMOelLe uASwTr Q071440056 07/14/13 ! 07114/14 I COMBINED SINGLE LIMIT s 1,000,000 j (Ea accident)ANY AUTO ' BODILY INJURY(Per per=n) i ALL OWNED AUTOS X !SCHEDULED AUTOS BODILY INJURY(Per accder•I) S PROPERTY DAMAGE X HIRED AUTOS (Pera,xldent) S X NON-OWNED AUTOS S S A uusn`° wa X OCCUR Q311470239 07114/13 07/14/14 EACHOCCUR.4EYCc S 5,000,000 IEXCE88 LWa ;CLAIMS-MADE ` _AGGREUATE S $,000,000' DEDUCTIBLE ( S RETENTION $ j S A 'woRILERs COMPENSATION + j I WC STATU• O1N AND EMPLOYERS• LIASW YrN Q911400614 07111113 ! 07/i4/14 ;'[ORYLIMI1* ER ;= ANY PROPRIETOIVPARTNEM21ECUTNE 1 I I i E.L.EACH ACCIDENT 1,000,000 'OFFICERINElIEER EXCLUDED? NIA I S tu"drinq In NIQ , I i E.L.DISEASE-EA EMPLOYEE S; 1,000,000 If DE IPTI O OFO I i E.L CISEASE-POLICY LIMIT S 1,000 000 oESCRIPrroN oP oPERAnorrs eeaw i DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101.Addidorwr Rernattrs Schedule,If rwra apace is re;u(rec) i Job name:Orange County Library I CERTIFICATE HOLDER CANCELLATION Orange County SHOULD ANY OF THEE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PO Box 8181 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Hillsborough,NC 27278 AUTr1Ca R;y i£:��T TVE Attention: ACORD 26(2009109) The ACORD name and logo are registered marts o ACCRD OR I nghtS reserved.