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HomeMy WebLinkAbout2014-256 AMS - King Brothers to re-work two locations of brick sidewalk at West Campus Office Bldg $775 Z6 11} - .2 .S G A [Departmental Use Only] TITLE WCOB-SIDEWALK FY 2014 ORANGE COUNTY CONTRACT UNDER$1,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 21" day of May, 2014, ("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 Kings Brothers Electric Co., Inc. (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: West Campus Office Building 131 W. Margaret Lane, Hillsborough,NC 27278: re-work two locations on brick sidewalk in order to keep water from puddling up. The term of this agreement rendered shall be from May 26,2014 to June 30, 2014. 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 Seven Hundred and Seventy-Five Dollars, ($775.00). 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 Provider, 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 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 Last modified 9/13 1 incorporated herein by reference and may be viewed at littp://oran eg coun ne.,Qoy/purchasing/contracts.asp), 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). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. i 5. Indemnity: The Provider agrees 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. I 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. 7. 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 in writing and signed by the parties. Modifications may be evidenced by telefacsimile signature. 8. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. 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 j Orange County,North Carolina. 9. 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, j failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes Provider's breach of this Agreement. By executing this Agreement Provider affirms Provider is in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 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. [SIGNATURE PAGE TO FOLLOW] i I 1 Lost modified 9/13 2 IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective as of the day first written above. ORANGE COUNTY PRO By: G / t-+ By: Depaittmefit Director Title: 200 S. Cameron St. King Brothers Electric C ,1 1 P.O.Box 8181 1701 Camden Avenue Hillsborough,NC 27278 Durham,NC 27704 This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. y►► �j Vi Cis.u, P. ,/J'k& Office of the Chief Financial Officer This instrument has pproved as to form and legal sufficiency. Office he C&Aty Attorney f 1 f i i Last modified 9/13 3 PROPOSAL 168 KING BROTHERS ELECTRIC CO,, INC. PAGE NO. 1 OF 1 PAGES 1701 Camden Avenue DURHAM, NORTH CAROLINA 27704 (919)682-3489 FAX(919)688-1292 ! ORANGE COUNTY OFFICES PHONE _ DATE TO MR. PAUL SORRELL 5/15/2014 131 W. MARGARET LANE JOB NAME f LOCATION HILLSBOROUGH NC 2727$ 131 WEST MARGARET CONTRACT JOB NUMBER JOB PHONE We hereby agree to the change(s)or additional work specified below; RE—WORK TWO LOCATIONS ON BRICK SIDEWALK IN ORDER TO KEEP WATER FROM PUDDLING UP TOTAL: $775.00 NOTE: PAVER CONTRACTOR STATED THAT THIS WOULD HELP THE WATER FROM PUDDLING UP BUT WOULD NOT FIX PROBLEM COMPLETELY, HE STATED THE WHOLE SIDEWALK WOULD HAVE TO BE TAKEN UP IN ORDER TO COMPLETELY CORRECT PROBLEM. l 1 _ ��'P� (��1� ' �P�y��f�r� {ibSyal� �ndal�t�r�cr��ls�r��e1�t�t�nee with the above specifications,For the SUIT)of: 775.OD dollars($ i Payment will be made as follows: TENTH OF THE MONTH FOLLOWING INVOICE All material is guaranteed to be as specified.All work to be completed In a prolossional manner according to standard practices. Any alteration or deviation from above Authorized specifications Involving extra cools will be executed only upon written orders,and wilt Signature becorns an extra charge over and above the estimate.All agreements contingent upon skikes,accidents or delays beyond our control.Owner to carry fire,tornado,and other Note:This proposal may be 30 necessary insurance.Our workers are fully covered by Worker's Compensation Insurance, withdrawn by us it not accepted within days Acceptance of Proposal —The above prices,specifications and signature conditions are satisfactory and are hereby accepted.Yea are authorized to do the work as upenillad.Payment will be maul as outlined above. Signature Dale or Acceptance: __,_ OP ID:SLS CERTIFICATE OF LIABILITY INSURANCE DAT06/M16/14 D/4 I 05/16 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 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 endorsement(s). PRODUCER Phone:919-286-7473 CONTACT NAME: Dominick Huckabee Noblin Trent Insurance Agency Fax:919-286-5170 AIC.Ext, Fc No): POBox 52239 ADDRESS: Durham,NC 27717-2239 PRODUCER KINGBRC J.G.Huckabee,III CUSTOMER ID N: INSURER(S) AFFORDING COVERAGE NAK:0 INSURED King Brothers Electric Co,Inc INSURER A:State Auto Insurance 25135 Lee Anne King INSURER B: 1701 Camden Ave. Durham,NC 27704 INSURER C INSURER D: INSURER E: INSURER F: 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. INSR rypE OF INSURANCE ADDL SUB POLICY EFF POLICY EXP LTR POLICY NUMBER MM/DD/YYYY) 1MM/DD/YYYY1 LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A � X COMMERCIAL GENERAL LIABILITY SOC 2485972 04/01/14 04/01115 DAMA R ENTED ttt PREMGE ISES TO Ea occurrence $ 100,00 CLAIMS-MADE OCCUR MED EXP(Any one person) $ 5,00 _ PERSONAL&ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 H N'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,00 POLICY FXI PRO- LOC $JECT [7 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,00 A X ANY AUTO BAP2288261 04/01/14 04/01/15 (Ea accident) ALL OWNED AUTOS BODILY INJURY(Per person) $ BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE X HIREDAUTOS (Per accident) $ X NON-OWNEDAUTOS $ $ UMBRELLA UAB X OCCUR EACH OCCURRENCE $ 5,000,00 --I EXCESS LIAR CLAIMS-MADE AGGREGATE $ 5,000,00 A SOC 2485972 04101/14 04101/15 DEDUCTIBLE X RETENTION $ 10,000 $ WORKERS COMPENSATION WCSTATU- OTH- AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? r NIA --- (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Inland Marine SOC 2485972 00 04101114 04101/15 RentedEqu 55,00 InstFloat 504,00 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 8181 Hillsborough,NC 27278 AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD