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Home My WebLink About2016-419-E AMS - Harris Bros. Electric & Controls, Inc. to install ground wire DocuSign Envelope ID:ADECABE9-2675-4A6F-9AD9-49D5748BA36D [Departmental Use Only] TITLE Seymour Bldg Generator FY 2015-16 ORANGE COUNTY CONTRACT UNDER$1,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 08 day of June, 2016, ("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 Harris Bros. Electric & Controls, Inc. (the "Provider"),party of the second part; WITNESSETH: For the purpose and subject to the teiins 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 and/or construction (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Install 2 / 0 ground conductor from the main service deisconnect to the new 800 ATS cabinet for the new generator. The tetra of this agreement rendered shall be from June 08, 2016 to June 30,2016. 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, 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 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 Hundred Seventy Dollars and Ten Cents, ($770.10). Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terns 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 County's Risk Manager as such insurance requirements are described in the Orange County Revised 6/16 1 DocuSign Envelope ID:ADECABE9-2675-4A6F-9AD9-49D5748BA36D Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing division/contracts.php). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here NA (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 County'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 caused in whole or in part by any negligent or intentional act or omission on the part of the Provider in carrying out Provider's duties and obligations related to the Services to be provided in this Agreement. 6. Teunination: 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. County may suspend this Agreement upon reasonable notice to 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. Modifications may be evidenced by telefacsimile signature. 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 11A and Article 40 of North Carolina General Statute Chapter 66. 8. Governing Law and Priority: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and Orange County. 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 state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Anti- Discrimination Policy. Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any. agent or subcontractor, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider affirms Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 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. Dispute Resolution: Neither party may initiate binding arbitration. Any disputes shall be resolved by nonbinding mediation. 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. 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 6/16 2 DocuSign Envelope ID:ADECABE9-2675-4A6F-9AD9-49D5748BA36D IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER i—UO<u5ignetl by: /UOCUSignetl C1 AI I�y: By Hi 747,1 °'" By, (AWN, YVIS Department Director Title: to Vit' R. Hams, Presi dent 200 S. Cameron St. Harris Bros. Electric& Controls, Inc P.O.Box 8181 2712 Hillsborough Road Hillsborough,NC 27278 Durham,NC 27705 Revised 6/16 3 DocuSign Envelope ID:ADECABE9-2675-4A6F-9AD9-49D5748BA36D Harris Bros. Electric & Controls, Inc. 2712 Hillsborough Road Durham, NC 27705 Phone: (919) 220-8500 ** Fax: (919) 220-7009 BID PROPOSAL Date: May 23, 2016 To: Jeff Thompson Company: Orange County Financial Services - Purchasing Telephone: (919) 245-2658 Fax: (919) 644-3324 Email: jthompson(a�co.orange.nc.us From: Calvin Harris Company: Harris Bros. Electric & Controls, Inc. Telephone: (919) 220-8500 Fax: (919) 220-7009 Email: calvinrharrisa,,msn.com Project: Seymour Building - Generator project Scope of Work: Install 2/.0 ground conductor from the main service disconnect to the new 800 ATS cabinet Labor $600.00 Material $170.10 Total $770.10 Total Change Order # 1: $770.10 (Seven Hundred Seventy & 10/100) Notes: • Work to be done during normal working hours. • Bid good for 30 days. DocuSign Envelope ID:ADECABE9-2675-4A6F-9AD9-49D5748BA36D DATE(MM/DOIYYYY) i-- .--- CERTIFICATE LIABILITY' INSURANCE 07!09!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 policy(Ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and condltIons of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rigflts to the certificate holder in lieu Of such endorserhetf*Cs). PRODUCER CONTACT FEDERATED MUTUAL INSURANCE COMPANY NAME: CLIENT CONTACT CENTER HOME OFFICE:P.O. BOX 328 (a C,,No,Ext):888-333-4949 (A/C,NO):507-446-4664 OWATONNA,MN 55060 ADDRESS:CLIENTCONTACTCENTER aFEDINS.COM INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:FEDERATED MUTUAL INSURANCE COMPANY 13935 INSURED 252-856-0 INSURER B: HARRIS BROTHERS ELECTRIC AND CONTROLS INC INSURER C: 2712 HILLSBOROUGH RD DURHAM, NC 27705 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:38 REVISION NUMBER:0 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. INSR TYPE OF INSURANCE ADDL.WVD POLICY NUMBER W M(PDIYYYYY) , (MMIDDIYYYYI UMITS GENERAL LIABILITY EACH OCCUU0RRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE MISES(Ea occurrence) $100,000 MED EXP(Any one person) EXCLUDED ' i CLAIMS-MADE X OCCUR A N N 0749677 07/14/2015 07/14/2016 PERSONAL&ADV INJURY $1,000,000 — OENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AOG $2,000,000 )7IPOUCY PRO- JECT ' I LOC • AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person)—ALL A AUTOS AUTOS N N 0749677 07/14/2015 07/14/2016 BODILY INJURY(Per accident) HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS (Peracddent) X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $5,000,000 _ A EXCESS LIAB CLAIMS MADE N N 0749678 07/14/2015 07/14/2016 AGGREGATE _ $5,000,000 DED I RETENTION WORKERS COMPENSATION WC STATU• 0TH• X TORY LIMITS ER AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L,EACH ACCIDENT - $1,000,000 A OFFICER/MEMBER EXCLUDED? N I A N 0749679 07/14/2015 07/14/2016 (Mandatory In NH) E.L.DISEASE•EA EMPLOYEE $1,000,000 It yes,describe under EL OF OPERATIONS below L DISEASE•POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,it more space is required) • CERTIFICATE HOLDER CANCELLATION 252-856-0 36 0 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,NC 27278-8181 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE - @ 1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) , The ACORD name and logo are registered marks of ACORD • -