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Home My WebLink About2015-555-E AMS - Tarheel Generator, LLC - install double throw transfer switches on MP generator DocuSign Envelope ID:40A0E7DE-3C1 E-4A74-9237-4A9E1 FB8FAB4 [D�epartmienital Use Only] TITLE Motor Pool Generator IFY 2016 ORANGE COUNTY CONTRAC"FUNDER $15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 8th day of October, 2015, ("Effective (late") by arid 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 Tarheel Generator LLC (the "Provider"), party of tile 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. install double throw transfer switches on generator at 600 Highway 86 North, per provided quotation 2591. The term ofthis agreement rendered shall be frorn October 26, 2015 to November 6, 2015. Provider represents and agrees that Provider is qualified to perforrin and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional an([ 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 COLIuty, SPECIFICT ERMS I Paynig1j: The County agrees to pay at the rates specified for Set-vices satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not exceed F"Ieven thousand six hundred fifty five dollars eighty four cents, ($11,655.84). Payment shall be made within thirty (30) days of an invoice Properly submitted to County. Should Provider fail to perforrn its duties under the terms o1`this Agreement, County may, without fault or penalty, withhold any payment associated with tile 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. Ind eDendent 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, not- 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 111SUrance, 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 Counly, Revked 10/14 1 DocuSign Envelope ID:40A0E7DE-3C1 E-4A74-9237-4A9E1 FB8FAB4 Disk Transfer Policy and Change COLInty Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at bttp:.11qrgpgcc gntyj1c. If Owner's. Disk Manager determines additional insurance coverage is required such additional insurance shall consist of (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. 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 carried in whole or in part by any negligent or intentional act or omission on tlae 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, T Entire Agreement and Si =natures: 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 wvith any amendments or modifications may be execrated 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, . Prictr;i.!y: In determining tlae basic services to be provided, should any documents be refeerenced in or attached to this Agreement, the terms herein shall have priority in ally conflict between the terms of referenced docurments and the terins of this Agreement. . (Governin-,f I aw: ,Both parties agree that this Agreement shall be governed by tlae laws of the State of Nortla 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. I0. ors a� C��elution: 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 Grange 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 Alapropriation: T'rovider acknowledges that County is a governmental entity, and the validity ofthis 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 NATURE PAG TO FOLLOW] Revised 10/1.1 DocuSign Envelope ID:40A0E7DE-3C1 E-4A74-9237-4A9E1 FB8FAB4 IN WITNESS WHEREOF,County and the Provider have signed this Agreement, effective as of the day first written above. O M.M;Ty PROVIDER DOCUSigned by: By �Ol(- tf �GUMIMt VS $ti;Rt+ r By: ,tt County anager C3B56CC4DAEA493... 200 S, Cameron St. Tarheel Generator,LLC P.O. Box 81.81 PO Box 753 Hillsborough,NC 27278 Siler City,NC 27344 Revised 10/14 DocuSign Envelope ID:40AOE7DE-3C1E-4A74-9237-4A9E1FB8FAB4 PO Box 753 Sllor City, N 27344 Quote Number: 2591 Quote Date: Sep 4,2015 Phone:919-663-3095 Page: Fax: 919-663-0833 , SWMUp Orange County Public W,,w,., , ..,H, ��„�� ...w.� �.....� - _... W ..n.., ......... . .......:..... .... orks MOTOR POOL PO Box 8181 Hillsborough, NC 27278 ......... ........_................... _......... ................................ Phone: 919-452-4079 Phone: Fax: �aarr�e �lf Trrnw '�a, .. ORANGECOUNTYPUBLIC 1084/15 30% DOWN BAL ON COMPLETION ......� BrianSharpe 00 DT324UGK MA r► �r�...... NUEL DOUBLE THROW TRANSFER SWITCH 3�POLE 200 VAC 200 AMP N EMA 1 1.00 DT325UGK MANUIEL DOUBLE THROW TRANSFER SWITCH 3 POLE 200 VAC 200 AMP NE'MA 1 1.00 ELECTRICAL MATERIAL FOR REWORK LOAD CENTERS AND WIRING OF 8,555.84 8,555.84 TRANSFER 'SWITCHI. 1,00 LABOR TO DELIVERY, REWORK CUSTOMER PANELS, INSTALL 3„1041.00 3„100.00 2-TRANSFER SWITCH,START-UP,TEST,TRAINING, AND PERMITS i 11.00 ***THIS WORK MUST BE DONE,AFTER HOUR AND WEEKEND-NEED ACCESS TO MOTOR POOL. t i .._.... ...... ....... .....................__ ..__ -, .......-- _.._. .... .,.,. Subtotal 11,655.84 __.._ ....m._.... ..._.._._ -....... Sales Tax 641.69 Fraught Me apjv)w&&_)our ",xess! DocuSign Envelope I D:40AOE7DE-3ClE-4A74-9237-4A9ElFB8FAB4 DATE(MMIDDIYYYY) Ac"R" CERTIFICATE OF LIABILITY INSURANCE 10/02/2'015 ---- -- ........ ............ 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(les) 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 CONTACT _NA_M9__............. HPB INSURANCE GROUP INC PHONE 661-3938 Aac � 888_!!_r?-19211 P 0 BOX 890 EMAIL HIGH POINT,NC 27261 ADDBE§§:Service.conter trave$ers.com (888)661-3938 INSURER(S)AFFORDING COVERAGE NAIL# INSURER A^THE PHOENIX INSURANCE COMPANY ....................... ........ .......... i [Wi6 ..RED INSURER B TARHEEL GENERATOR LLC INSURER. 11 C 11 __--------- PO BOX 753 . ........ --— SILER CITY, NC 27344 INSURER D: ............................... ............. .......... .......... INSURER E" INSURER F:: ——----------I.......... COVERAGES CERTIFICATE NUMBER: 68 37 97 2501 90572 REVISION NUMBER: THIS IS 701 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 CONDIT4ON 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 rERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, iNSR ADD L SUBA POLICY EFF POLICY LTR TYPE OF INSURANCE INS[) WVD POLICY NUMBER 1P 1, .1.1111�1 � LIMITS ...... _IMM pif IM ------------------------__--- A X COMMERCIAL GENERAL LIABILITY x 680-6A560612-1 5 09/1712015 0911712016 EACH OCCURRENCE $1�000,000 CLAIMS-MADE L OCCUR $350,000 X MRFDAUTO MED EXP An one person� $5,000 NON OWNED AUTO PERSONAL&ADV INJURY $1,000,000 ....... ............. GEN;L AGGREGATE UMITAPPLIES PER', Gl"NERAL AGGREGATE _L2_,000,000 POLICY 0 FRO_ OLOC JECT PRODUCTS-COM�PIOP AG�G $2,000,000 OTHER„ $ COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY (Ea arcdenl) $ ANY AUTO BODILY INJURY(Per person), $ ALL OWNED SCHEDULED 'A.TOS AUTOS BOOK Y INJURY(Per accident I $ HIRE DAUTOS NON-OWNED AUTOS PROPERTY DAMAGE IPer acddent) $ $ UMBRELLA U; EACH OCCUIRRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGArE $ DF 01 1 RETLN PON$ WORKERS COMPENSATION NIA AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETORMARTNEWEXECUTIVE E.L.EACH ACCIDENT $ 0FRCERMEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EM:PLOYEE $ If rs.describe undef T)-SCRWTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS r LOCATIONS d VELITCLES(ACORD 101,Additional Remarks Schedule,may be attached V more space is required) AS RESPECTS TO GENERAL LIABILITY,ORANGE COUNTY IS ADDITIONAL INSURED-BLANKET ADDITIONAL,INSURED -OWNERS,LESSEES OR CONTRACTORS,CG D1 05,BUT ONLY AS RESPECTS TO WORK PERFORMED BY THE INSURED. CERTIFICATE HOLDER CANCELLATION ORANGE COUNTY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PO BOX 8181 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN HILLSBOROUGH,NO 27278 ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE -----------i_______._w....... .......... 1988-2014 ACORID CORPORATION.All rights reserved. ACORD 25(2014/0'1) The ACORID name and logo are registered marks of ACORD