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2016-117-E DEAPR - Tommy Lawrence Electrical for electrical service installation
000wSWn Envelope ID:88584o08-7Aor-4rCoo088-38r30E30ro38 [Departmental Use Only] TITLE Electrical 'VV10shelter FY 2016 ORANGE' COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGR8 EMENT' made and entered into this 7th day o[January, 2010` ("Effective Date") by and between 0cauAe County, North Cnmm|iou` n body politic and co/po,ntco,gonized under the laws mftile State of North Carolina, (tile "Coumty/')` party of the firatpart; and Tommy Lawrence Electrical Contractors (the"Provider"), party of tile second part; WXTNE00ETH: For the purpose and m}|jcot to the teroum and conditions hereinafter mot forth, the County hereby coo{xnoty for Hle services of the Provider, and the Provider ogrumy to provide the following set-vices 10 the County io accordance with the terms of this Agreement, tbno being of the essence: | The set-vices and/or u)otorim|m (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as fb||orm: Installation of 50 o/op 240 volt circuit Kboro pouo| boa in concession building hoexisting bleacher pad for shelter and wire shelter with below outlets, We will ium(o|)a 50 omp24O volt sub panel, (}) ceiling fail, (2)NLV{) LED flush mount antique white glass surface n\ouot fixtures (see oUuobed cot-abmw8 under picnic arse, (1) watertight fluorescent fixture in garage area, (6) general purpose receptacles, (1)receptacle for garage door and (2) switches. We will install an iti-ground junction box at first parking lot pole and use existing conduit froo\ this pole back to building ha install new wiring for shelter and parking lot poles. The teuoof this agreement rendered shall h#from January 15`2Ol6 to March 3\`2U/8. Provider represents and agrees that Provider is qualified \o perform and fully capable my performing and providing the services required or necessary under this Agreement in n fully omnpe0cuL professional and 1hn#ly manner to the satisfaction of the County. Provider mhmU be responsible for all errors or omissions, in the performance of the /\mremn\muL Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes o/'conflicts u(uo additional cost ho tile County. Provider agrees that Provider shall out aub'ooubao1 any of the services to be provided in this Agposoo#oL not- ohm|| Provider xmoigo any right or responsibility granted or required by this Agreement,without the prior written approval of the County. SPECIFIC TERMS I Payrrien : Tile County agrees to pay at the rates specified for Services ao]is{bo1od|y performed in accord with this Agreement. The xum000t to be paid by the County shall not exceed six thousand, six hundred, seventy-five dollars, ($6'675). Payment shall ho made within thirty (30) days of ail invoice properly submitted to County. Should Provider fail to pedbnn its duties under the tennis of this /\gpcoo\cnt' County may, without Qnu|t or penalty, vvjU}ho)d any pnyn/cut associated with tile nn,k to be performed until such iiuxenmsaid work is completed. 2, : Failure 6v County ut any timuto require the performance hv Provider nfany of tile provisions hereof shall knoo way waive oraffect the County's right hereunder tm enforce the same, not- shall nuyvmiver 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[ : The Provider mbuii operate omail independent contractor and the County shall not bu responsible for any oy the Provider's acts ormnoimmionx. Tile Provider shall not betreated as mn employee with respect to the Set-vices pe/'[bnnod hereunder for federal or state tax, unemployment or Rvi,od|0/|4 000wSWn Envelope ID:88584o08-7Aor-4rCoo088-38r30E30ro38 workers'compensation purposes. The Provider uodem(nuda that neither federal, om« state, not-payroll tax of any kind nbo|| be withheld or paid by the County on behalf nfthe Provider or the employees of the Provider. /[ Insurance: Provider mhmU obtain, at its sole expense, Commercial General Liability Dmoronno` Automobile Tnxooauce` Workers' Compensation Imuonnom' and any additional insurance as may be required by Owner's 0*k Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is iocoqpooahrd \noroin hv reference and may bo viewed ut . If Owner's Risk Manager determines additional insurance coverage is »ogni,nd such additional iunumucm shall consist of (if aoadditional insurance required mark N/A um hmhxg not applicable). Provider mbn\| not continence nnnt until such insurance is in effect and cortiOcm1|m, thereof has been received by the {)n/us/aI{iokyWnuagn: 5, : The Provider agrees hodefend, indu`noify, and hold harmless Orange County from all losses, liabilities, o|n|ua, demands, muds, costs, damages or map000mo (iun|ud|nQ reasonable attorney's Gees) arising front 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 h)hootko)nl act or omission oil the part of the Provider. (i : This Agreement may beterminated ut any time by Mutual written agreement of the parties o,by the County upon written notice 1m the Provider. 7. Entire Agreement and Signatures: The parties have read this Agreement and oQnem to be bound by all of its Ceuos` and ft/rUie, mgvon that it constitutes the complete and ezo|om1vo statement of tile /kgcoemnuk hmhveoo the pmrdpo uo|eam and until modified in writing and signed by the patties. This Agreement together with any amendments or nmndiUum|inoa may be executed ml#oUouico||v. All m|cotvonin oiQnu(uoom wDlucd hereto mvidouoc the intent of the yardeo to comply with /\d|u|* | |/\ and Article 40 of l4nnh Cono|b)m General Statute Chapter b0. 8. : In determining the basic services to he provided' should ally documents be vxtenauued in or attached to this Agreement, the terms herein shall have priority in any conflict bn1neno the terms of referenced documents and the terms o[this Agreement. 9\ Both parties agree that this f\Anzeux#u1 abu|l be governed by the |u*s of the State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms ofthis Agreement such litigation mho(| be initiated in the General Court Of Justice of Nk`db [aom|iuu seated in [}/nu8m County, North C000Duu. Provider shall at all iboco rmo\oia in co/npUnoom with all oppUnmNc |oum|` state, and federal \a`vu ou|em' all(] regulations including but not limited to all anti-discrimination laws, 10. Any and all suits or actions to enforce, interpret, or seek dmrnages with respect to any provision of, mthe performance or non-performance of, this Agreement shall bebrought in the General Court of Justice of North Carolina sitting in Orange Count),, North Carolina, It is agreed by the podZcu that no other court mho|| have jurisdiction or venue with respect to such suits or actions. &8b/dhnA arbitration may not be initiated by either Party, however, the Pndimy may agree 10 nonbinding mediation of any dispute prior to the bringing of such suit oraction. 11 Provider acknowledges that County is govooxomntu| entity, and the validity of this Agreement is based upon the availability of public ftinding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated lot,the performance of County's obligations under this Agreement, then this Agreement shall uo&»omu(ion|\y expire without penalty tuCounty immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. Revised 10/14 DocuSign Envelope ID:89584B08-7AD7-4FCB-B089-38730E36FB39 [SIGNATURE PAGE TO FOLLOW] Revised 14/14 DocuSign Envelope ID:89584B08-7AD7-4FCB-B089-38730E36FB39 IN WITNESS WHEREOF, County and the Provider have signed this Agreement,effective as Of the day first written above. ORANGE COUNTY PROVIDER DocuSigned by, DocuSigned by: By: "'i By: 200 S. Cameron St. Warren Taylor P.O. Box 8181 P.Q. Box 641 Hillsborough,NC 27278 Roxboro,NC 27573 Revised 16114 4 DocuSign Envelope ID:89584B08-7AD7-4FCB-B089-38730E36FB39 LAWRE-1 OP ID: MG AC'C�►Rt�►" CERTIFICATE OF LIABILITY INSURANCE DATE(MMtDD/YYYY) lk,. /2/0312015 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 endorsoment(s). PRODUCER NAMTE cT Phillip Alien Thompson-Allen,Inc. PHONE 336-599 2175 arc No P.O.Box 100 Arc No 111: 336-599-6932 Roxboro,NC 27573 E-MAIL Marcia D.Green ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Cincinnati Insurance Company 10677 INSURED Tommy Lawrence Electrical INSURER B:Cincinnati Casualty Company 28665 P.O.Box 641 u'm Roxboro,NC 27573 INSURER 0: 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. ItTR TYPE OF INSURANCE D D O POLICY NUMBER POLICY JNYYY POLICY MJDNYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 500,00 CLAIMS-MADE 1XI OCCUR EPP 0096783 0811612015 08116/2016 PREMISES(Eat occurrence) $ 100,00 MED EXP(Any one person) $ 5,00 PERSONAL&ADV INJURY $ 500,00 GENE AGGREGATE LIMIT APPLIES PEW GENERAL AGGREGATE $ 1,000,08 POLICY PRO- El LOC PRODUCTS-COMPK7PAGG $ 1,000,00 JECT OTHER: $ AUTOMOBILE LIABILITY EOha.tdEeDISINGLE LIMIT $ 1,000,00 A X ANY AUTO EBA0096783 08/1612015 08116/2016 BODILY INJURY(Perperson) $ ALLOYYNEO SCHEDULED BODILY INJURY(Per accident) S AUTOS ANON-OWNED PROPERTY DAMAGE S HIREDAUTOS AUTOS (Per accident) X UMBRELLA LfAB X OCCUR EACH OCCURRENCE $ 6,000,00 A EXCESSLIAB CLAIMS-MADE EPP 0096783 08!1612015 0811612016 AGGREGATE $ 5,000,00 DED RETENTION$ $ WORKERS COMPENSATION X PER FORT H- AND EMPLOYERS'LIABILITY B ANY PROPRIETORIPARTNEWEXECUTIVE YIN 08966267-18 01/01/2015 0110112016 E.L.EACH ACCIDENT S _ 100,00 OFFICERtMEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-FA EMPLOYE S 100,00 If yyas,describe under DESCRiPTIONOF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 600,00 DESCRIPTION OF OPERATIONS t LOCATIONS t VEHICLES(ACORO 101,Additional Romarks Schedule,may be attached If More space Is required) CERTIFICATE HOLDER CANCELLATION ORANGCG SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange Count Government THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN g Y ACCORDANCE WITH THE POLICY PROVISIONS. Parks and Recreation Lori Taft AUTHORIZEDREPRESENTATIVE 200 South Cameron Street Marc€a D.Green Hillsborough,INC 27278 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 26(2014101) The ACORD name and logo are registered marks of ACORD