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HomeMy WebLinkAbout2015-659-E DEAPR - Tommy Lawrence Electrical cost saving measures 000vSign Envelope ID:00e0e0FA-o80A-4urA~^uE0-3e0110A8A1r1 [Departmental Use Only] TITLE Court Lighting activators FY 2016 ORANGE COUNTY CONTRACT UNDER $15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this second day of December, 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 Contractors(the "Provider"), party of the second part; W8TNES8ETH: 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: Supply and install a pushbutton control button on a pole at Efland Cheeks Park and Cedar Grove Park basketball courts with beacon light to warn players that lights will be turned off at pie-determined time. WoniU provide pushbutton, timers, beacon light, control transformer, contactor and all associated material to make operational. Iho |innxiduofd# nnr/coo\ooto,vvU| he &dDnn the load side of the existing Musco contactor cabinet, New' Contactor will be controlled by timers with control transformer and pushbutton. Timers will allow lights Co stay on for 60 minutes after pressing pushbutton. After 55 minutes of play the beacon light will come on to warn players that lights will be going off in five minutes unless pushbutton is pressed again. If at any time the pushbutton is pressed during operation of lights it will reset timers for the 60 minutes of play with five minute notice without turning lights off. Musco cabinet will have ultimate control of lighti with pre-determined time to be able to turn on or off. The term of this agreement rendered shall be from December 3, 2015 to January 31, 2016. 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, irtistakes 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 [ 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 five thousand, three hundred, ninety-three dollars.,($5,393.). 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 Agreeomout. 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. Revised 10/14 000vSign Envelope ID:00e0e0FA-o80A-4urA~^uE0-3e0110A8A1r1 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 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed uthKp://o/nugccomn/yoo.&ov/purohooioc/ mVmc(x.uxp). 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 N/A as bei not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the Owner' 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 i 'uty, 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. 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 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 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 amendment or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article l |A 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 Agreement, the terms herein shall have priority in any conflict between the 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, oi 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 Revised 10/14 2 DocuSign Envelope ID:66B6B6FA-D80A-427A-A2E0-3B6110A8A171 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 finds. (SIGNATURE PAGE TO FOLLOW] Revised 10/14 3 DocuSign Envelope ID:66B6B6FA-D80A-427A-A2E0-3B61 10A8A171 IN WITNESS WHEREOF,County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER DocuSigned by: p DocuSigned by: By: 1561A,LAA-t, tkaAmt-IrStui By: UJetyruA, tor Coitniffklainget7 ‘ 8A43E99B359F43C 200 S. Cameron St. Warren Taylor P.O. Box 8181 P.O. Box 641 Hillsborough,NC 27278 Roxboro, NC 27573 Revised 10/14 4 DocuSign Envelope ID:66B6B6FA-D80A-427A-A2E0-3B6110A8A171 LAWRE-1 OP ID: MG A,CV CERTIFICATE OF LIABILITY INSURANCE OATE(MMIDDTYYYY) ka......---- 12/0312015 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). _ CONT PRODUCER NAMEACT Phillip Allen Thompson-Allen,Inc. PHONE 336.599 2175 FAx 336-599.6932 P.O.Cox 100 IA1C,No,Ext): pvc,No): Roxboro,NC 27573 ADDRESS: Marcia D.Green INSURERS)AFFORDING COVERAGE NAIC II INSURER A:Cincinnati Insurance Company 10677 INSURED Tommy Lawrence Electrical INs°RERB:Cincinnati Casualty Company 28665 P.O.Box 641 Roxboro,NC 27573 INSURER C: INSURER 0: 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. fLTR TYPE OF INSURANCE •OD 1 BR POLICY NUMBER (MMIDDY I IMMJDDmYY) LIMITS LTR INSD WVP A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 5 500,000 X EPP 0096783 08/1612015 0811612016 DAMAGE 1a RENTFD $ 100,000 CLAI6i5-MADE OCCUR PREMISES(Eaoccurtence) MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 500,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 1,000,000 POLICY PRO JECT LOG PRODUCTS-COMP/OPAGG $ 1,000,000 OTHER: $ AUTOMOBILE LIABILITY (Ea COMBINED SINGLE LIMIT .-$ 1,000,000 (Ea accideni) A X ANY AUTO EBA 0096783 08/16/2015 08116/2016 BODILY INJURY(Per person) S ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS ON-O JED PROPERTY DAMAGE $ HIRED AUTOS AUTOS JPeraceidenl) 5 X UMBRELLA LIAB X OCCUR w. EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAIMS-MADE EPP 0096783 08116(2015 08116/2016 AGGREGATE $ 5,000,000 DED I RETENTION$ 5 WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER B ANY PROPRIETOR/PARTNER/EXECUTIVE Y!N WC8966267-18 01/0112015 01/0112016 E.L.EACH ACCIDENT 5 100,000 OFFICER/MEMBER EXCLUDED? N I A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE, $ 100,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY UMIT $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORO 101,Additional Remarks Schedule,may bo attached II 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 200 South Cameron Street Marcia D.Green Hillsborough, NC 27278 1 ©1988-2014 ACORD CORPORATION. All rights reserved. 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