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Home My WebLink About2014-158 AMS - Harris Bros Electric & Controls for HVAC Split System at SHSC $2,862 NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$50,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this 10th day of March, 2014 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: March 17,2014 through May 31,2014. The Project Commencement Date shall be March 17, 2014. 2. MAXIMUM AMOUNT PAYABLE Dollar Amount Not to Exceed: Two Thousand Eight Hundred and Sixty Two Dollars ($2,862) 3. SERVICES Contractor agrees to provide the following construction services (the "Work"): Orange County Southern Human Services Center- HVAC split system in Communications Closet. 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. i 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 9/13 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. This or any other written notice shall be delivered via certified mail, return receipt requested to the parties at the addresses as shown on the signature page to this Agreement. 7. INSURANCE REQUIREMENTS Contractor shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by Owner's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://orangecoun nc.Rov/purchasing/contracts.asn). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here N/A (if no additional insurance required mark N/A as being not applicable). Contractor shall not commence construction work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 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 full 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. Revised 9/13 2 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 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. E-VERIFY Pursuant to the terms of North Carolina General Statute 153A-449(b) no county may enter into a contract with a contractor unless the contractor and the contractor's subcontractors comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes Contractor's breach of this Agreement. By executing this Agreement Contractor affirms Contractor is in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 12. ENTIRE AGREEMENT The parties have read this Agreement and agree to be bound by all of its terms, and further } agree that it, together with specifically referenced documents, 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 I telefacsimile signatures. Should any conflict arise in the terms of any documents referenced herein and this Agreement the terms of this Agreement shall be given priority and shall control j over all other such documents. Should a request for proposals and a proposal be referenced the terms of the request for proposals shall have priority over the terms of the proposal. I 13. COMPLIANCE WITH LAW/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. 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 anti-discrimination laws. [SIGNATURE PAGE TO FOLLOW] Revised 9/13 3 IN WITNESS WHEREOF Orange County and the Contractor have signed this agreement, effective as of the day and date first above written. ORANGE Y CONTRACTOR By By Cou Mana er Harris Bros. Electric & Controls,Inc. 200 S. Cameron St. 2712 Hillsborough Road P.O. Box 8181 Durham,NC 27705 4 Hillsborough,NC 27278 919-220-7009 This instrument has been approved as to technical content. Jeffrey Th mpson,Department Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Office of the Chief Financial Officer This instrument has ee approved as to legal form and sufficiency. Office of ounty Attorney Revised 9/13 4 Harris Bros. Electric & Controls, Inc. 2712 Hillsborough Road Durham, NC 27705 Phone: (919) 220-8500 ** Fag: (919) 220-7009 BID PROPOSAL (Revised) Date: February 24, 2014 To: Frank Cassetta Company: Orange County E-mail: frankeassetta0bellsouth.net From: Chris Han-is Company: Harris Bros. Electric &Controls, Inc. Telephone: (919) 220-8500 Fax: (919) 220-7009 Project: Orange County - Southern Human Services Centex (HVAC split system in Communications Closet) Scope of Work: i • 1 -20A/2-pole GE breaker • 1 -30' -20A/1Phase feeder to roof top condenser unit F • 1 -30A/OWIPhase,3R disconnect • 1 20' -Interconnect wiring from condenser unit to indoor air handler • 1-20A/1 pole GE breaker • 1-Weatherproof GFCI rooftop receptacle • 1-Electrical permit Total Base Bid: $2,862.00(Two Thousand,Eight Hundred Sixty-Two&00/100 Dollars) i Notes: • No cutting or patching roof included in this price t • HVAC units provided and installed by others • Priced for work to be done during normal business hours • Bid is good for 30 days A00RDI• CERTIFICAC E OF LIABILITY INSURANCE CE DAZE (M�LCO.^rYYYI 09!1112013 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: It the certificate holder Is an ADDITIONAL INSURED, the poftyllos) must bo endorsed. If SUBROGATION IS WAIVED. subject to the terms and conditions of the policy,certain policies may require an endorsement. A statomnnt on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTA.T Jochua E Matthews Insurance Agency Inc. N*NT JOSHUA E MATTHEWS PHONE.�,E,l; (913)$98-6800 A" 919 598-6815 JOSHUA E MATTHEWS INSURANCE AGENCY INC. E-MAIL �cAn, ( ) 2144 PAGE RD. ACCRESS: jashua@mattimevdsinsurance.bia PdODUCER 201 SUITE 106 DURHAM NC 27703 CUSTOMER Io INSURER(S)AFFORDING COVERAG: NAIC a INsu"D TNSURERA Erie Insurance Exchange Harris Brothers Electric&Controls,Inc. Harris Brothers Electric&Controls Enterprises,LLC INSURER a 2712 Hillsborough Rd "•sLr zR C : Durham NC 27705 IN3:,RZA D. INSURER E WSURER F : COVERAGES CERTIFICATE NUMBER: 2835 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALITHE TERMS, POLICIES I AID C1 Alr,AC INSR A=D SCR: POLICY EFr POUcY E" ' Lnm TYPE OF INSURANCE !;NSR!%%V3 POLICY NUMBER i (LM9DIYYYY) !_(a5uD0^rvYmT j LIMITS A :GENERAL uASlun Q431450679 07114113 07/14/14 EACH OCCURRENCE S 1,000,000, X CO&YMERCIAL GENERAL LIABILITY ASST A WE� I S 1,000,000 tea CLAIMS41AADE X OCCUR IAED.EXP(Any,me pe.ion) .S 51000 I fERSONAL 8 ADV INJURY S 1,000,000 I GENERA!AGGREGATE -S 2,000,000 GEML AGGREGATE LIMIT APPLIES PER: I i PRODUCTS-COMP/OP AGG !$ 2,040,000 ' X.!POLICY PRO- JECT LOC I S i A ,AvrouoelLe LIABILITY 0071440056 07114/13 i 07?14114 I COMBINED SINGLE LIMIT s' 1,000,000 j ANY AUTO (Ea ece dent) BODILY INJURY(Per per=n) S ALL OWNED AUTOS BODILY INJURY(Per acrder:t) S X SCHEDULED AUTOS •PROPERTY DAMAGE X HIRED AUTOS (Par ax danl) S X,NON-OWNEDAUTOS S S A uusREuA LIAR X OCCUR 0311470239 07114/13 07114114 EACH OCCURRENCE S 5,000,000 EXCEW UAS :CLAlM"%DE ' :AGGREGATE $ 5,OOD,000+ DEDUCTIBLE !RETENTION $ A I� EMPLOYiRg�iLA TY YIN I t j 0911400614 ! 07114113 07/14114 !Toxvtmns ! DI ;S; ANY PROPRIETORIPARTAMUFXECUTNE I I E.L.EACH ACCIDENT c 1,000,000 'OFFICERIMEMBER EXCLUDED? NIA I .g !lNanONOry In NHI I ; E.L.DISEASE-EA EMPLOYEE :S 1,000,000 DESCRIPTION OF Or OPERATIONS OMw i E.L.CISEASE-POLICY LIMIT S 1000,OOO DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES(Attach ACORD 101,Addhlonal Remarks Schoduio,if nora aFaea:7t ro;u!mr) Job name:Orange County Library CERTIFICATE HOLDER CANCELLATIO14 Orange County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PO Box 8181 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Hlilsborough,NC 27278 ACCORDANCE WITH THE POLICY PROVISIONS. ' AUTIICR 2- E T,V Attention: ACORD 26 0 1 8 -2009 A O. I n hts reserved. The ACORD name and logo are registered marts of ACCRD fi