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HomeMy WebLinkAbout2015-207-E DEAPR - Tommy Lawrence Electrical Contractors, Inc. for electrical improvements $8,704 DocuSign Envelope ID: D853F7DC-B7BD-45C2-8896-04A940B50FE4 [Departmental Use Only] TITLE Blackwood Electrical FY 2015 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 7th day of May, 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, (tire "County"), party of the first part; and Tommy Lawrence Electrical contractors, file. (the "Provider"), party of the second part; . WITNESSETH: For tite 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: Installation of a 100 amp 120/210 volt sub-panel in large barn with (3) pull chain fixtures and (2) general purpose receptacles in various locations, receptacles and lights will be on dedicated circuits. Power will be trenched in from existing main breaker panel at house. Installation of a 20 amp 120 volt feeder circuit from new sub panel to garage to feed (2) pull chain fixtures and (2) general purpose receptacles. lnstallion of a 20 amp 120 volt feeder circuit from new sub panel to the corn crib for(1) general purpose receptacle. All receptacles will be GFI protected. Price includes electrical permit. The term of this agreement rendered shall be from May 7,2015 to June 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 ftilly 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 stub-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. SPECWIC TERMS 1. Pa rnetrt: 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 eight thousand, seven hundres, four dollars, ($8,704), 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 tune 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 contactor 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. Revised 10/14 1 DocuSign Envelope ID: D853F7DC-B7BD-45C2-8896-04A940B50FE4 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 incorporated herein by reference and may be viewed at littp://ox•angecouti!ync.gov/purchasill cotiti'acts,asi)). 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. 5. Indemni : The Provider agrees to defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, dcmands, 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 ill 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 A reement and Signatures: The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete acrd 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 l IA and Article 40 of North Carolina General Statute Chapter 66. 8. Priority: In determining the basic services to be provided, should any documents be referenced in or attached to this Agrcenrent, the terms herein shall have priority in any conflict between tine terms of referenced documents and the terms of this Agreement. 9. 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 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. 10. Dispute Resolution: Any and all suits or actions to enforce, interpret, or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. 11. 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 [01[4 2 DocuSign Envelope ID: D853F7DC-B7BD-45C2-8896-04A940B50FE4 IN WITNESS WHEREOF,County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER ned by: by: By: (-�DocuSlg OV�,wt, C1AaM1Mvs By: 5DOCUSIgned o In I (hr oymur€wr M43E99B359F43C... 200 S. Cameron St. Warren Taylor,TLE P.O. Box 8181 P.O. Box 641 Hillsborough, NC 27278 Roxboro,NC 27573 Revised 10/14 3 DocuSign Envelope ID: D853F7DC-B7BD-45C2-8896-04A94OB50FE4 LAWRR-1 OP ID: MG .4coR° CERTIFICATE OF LIABILITY INSURANCE DATE I 01!1191219124115 5 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($), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(fes) 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 Ifou of such endorsement(s). PRODUCER CONTACT Phillip Allen Thompson-Allen,Inc. PHONE FAx P.O.Box 100 Arc Nu Ext:336-599-2175 ArC Ne;336-599-6932 Roxboro,INC 27573 E-MAIL Marcia D.Green ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC 9 INSURER A:Cincinnati Insurance Company 10677 INSURED Tommy Lawrence Electrical INSURER 13:Cincinnati Casualty Company 28665 Contractor's Inc. P.O. Box 641 INSURER C: Roxboro,NC 27573 INSURERD: 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. 1LTR TYPE OF INSURANCE IN p 0 POLICY NUMBER MWDD� MMI�DPCfYY LIMITS A X COMMERCIALGENERALLIABILITY EACH OCCURRENCE $ 500,00 CLAIMS-MADE a OCCUR EPP 0096763 0$11612014 08/16/2015 PREMISES Ea occurrence $ 100,00 MED FXP(Any one person) S 5,00 PERSONAL&ADV INJURY S 5()0,00 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 1,000,0() POLICY JE° ❑LOC PRODUCTS-COMPIOPAGG $ 1,()00,00 OTHER: S AUTOMOBILE LIABILITY COMBINFO SINGLE LIMIT g 1 00000 Ea accident r A X ANY AUTO EBA0096783 08116/2014 0811612015 BODILY INJURY(Per person) $ ALL 0A 4FD SCHEDULE(] AUTOS AUTOS BODILY INJURY(Per accident) $ HIRED AUTOS NON-OVVNED RTY PROPE DAMAGE S AUTOS Per acc dent S X UMBRELLA LIAO X OCCUR EACHOCCURRENCE $ 5,000,00 A EXCESS LIAO CLAIMS-MADE EPP 0096783 0$11612014 08H612015 AGGREGATE S 5,000,00 DED I I RETENTIONS $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER B ANY PROPRIETORlPARTNERIEXECUTiVE YtN C8966267.18 01/01/2015 01/01/2016 E.L.EACH ACCIDENT $ 100,00 OFFICERVEMBER EXCLUDED? El NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEq$ 100,00 If yyes,describe Undef DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$ 500,00 DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES (ACORD 101,AddRIonal Remarks Schedule,may be attached If more space Is required) CERTIFICATE HOLDER CANCELLATION ORANGCG SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Oran a County Government THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Parks and Recreation Lori Taft 200 South Cameron Street AUTHORIZED REPRESENTATIVE Marcia D.Green Hillsborough, NC 27278 ©1986-2014 ACORD CORPORATION, All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD