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Home My WebLink About2015-189-E DEAPR - Tommy Lawrence Electrical for electrical service additions $6,500 DocuSign Envelope ID:05D7461F-6E02-485E-BC37-05A109DE2D2B [Departmental Use Only] TITLE Electrical PM Services FY 2015 ORANGE COUNTY CONTRACT UNDER$15,000,00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 20 day of April, 2015, ("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 Tommy Lawrence Electrical (tire "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 (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Provide Preventive Maintenance of electrical systems per quote and specs at WI0 and Cedar Grove Parks, labor on ballast box replacement and contingency The term of this agreement rendered shall be from April 20 to June 30 30, 2015. 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 [rot 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 thousand dollars, ($7,000). 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 Owner's Risk Manager as such insurance requirements are described in the Orange County Revised 7114 1 DocuSign Envelope ID:05D7461F-6E02-485E-BC37-05A109DE2D2B Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at littpJ/oraltgecountync.gov/purchasingleontracts.asp). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of n/a (if no additional insurance required mark NIA 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. S. Iiidemni : Tile Provider agrees to defend, indemnify, and hold harmless Orange Corn ty from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, includuig 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. 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 and Signature : 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, This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article I IA and Article 40 of North Carolina General Statute Chapter 66. 8. Priori : In determining the basic services to be provided, should any documents be referenced in this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement, 9. Governin Law:aw: 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 Orange County, North Carolina. 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. 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 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] Revised 7114 2 DocuSign Envelope ID:05D7461F-6E02-485E-BC37-05A109DE2D2B IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective as of the day first written above. ORANGE COUNTY PROVIDER ned by: -DocuSigned by: By: (-�DocuSlg 6Vel�tdt,( MMt VS By: (�1am In (bV 6emqtyAfffwkgar M43E99B359F43C... 200 S. Cameron St. Warren Taylor P.O. Box 8181 P.O. Box 641 Hillsborough,NC 27278 Roxboro,NC 27573 Revised 7114 3 DocuSign Envelope ID:05D7461F-6E02-485E-BC37-05A109DE2D2B LAWRE-1 OP ID: MG CERTIFICATE OF LIABILITY INSURANCE F DATE(MMIDDIMY) 01119/2015 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(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 Ileu of such endorsement(s). PRODUCER NAME: Phillip Allen Thompson-Allen,Inc. PHONE 336-599-2175 AX No:336-599-6932 P.0.Box 100 Arc No Exl Roxboro,INC 27573 EMAIL Marcia D.Green ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC q INSURERA:Cincinnatl Insurance Company 10677 INSURED Tommy Lawrence Electrical INSURER B.Cincinnati Casualty Company 28665 Contractor's Inc. P.O.BOX 641 INSURER C: Roxboro, NC 27573 INSURERO: 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. BR POLICY EFF POLICY EXP 1LTR TYPE OF INSURANCE p POLICY NUMBER IMMIDDrrm MMlDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 544,44 CLAIMS-MADE 0 OCCUR EPP 0096783 08/16/2014 0811612815 PREMISES Eaoccurrenco $ 100,00 MED EXP(Any one person) $ 5,00 PERSONAL 4AOVINJURY $ 500,00 GEN'L AGGREGATE LIM IT APPLIES PER: GENERAL AGGREGATE $ 1,040,4{) PRO PRODUCTS-COMPlOPAGG $ 1,004,04 POLICY❑JECT LOC 5 OTHER: AUTOMOBILE LIABILITY C6B� E0n4dent)_INGLE LIMIT $ 1,444,44 A X ANY AUTO EBA0096783 08/16/2014 08/1612015 BODILY INJURY(Per person) $ ALLOIANEO SCHEDULED BODILY INJURY(Per arcideni) $ AUTOS ON-O NI tNEO PROPERTY DAMAGE H R AUTOS $ Per accident $ X UMBRELLALIAB X I OCCUR EACHOCCURRENCE S 5,044,44 A EXCESSLfA6 CLAIMS-MADE EPP 0096783 0811612014 08!1612095 AGGREGATE S 5,000,04 DEO I I RETENTIONS _ $ WORKERS COMPENSATION STATUTE ER" AND EMPLOYERS' YIN ITY B ANY PROPRIETORrPARTNARTNERfFXECUTIVE ❑MIA C8966267-18 01/0112015 01/0112016 E.L.EACH ACCIDENT $ 100,00 OFFICERWEMBER EXCLUDED? 144,04 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S If es,desaibe under E.L.DISEASE-POLICY LIMIT S 500,00 D SCR)PTION OF OPERATIONS below DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES (ACORD 901,Additional Remarks Schedute,may be attached If more space Is required) CERTIFICATE HOLDER CANCELLATION ORANGCG SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County Government THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Parks and Recreation Lori Taft AUTHORIZED REPRESENTATIVE 20D South Cameron Street Marcia D,Green Hillsborough,NC 27278 O 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD