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HomeMy WebLinkAbout2016-518-E AMS - Durham Electric Company, Inc. for power for Seymour Center DocuSign Envelope ID:7B2CBCO2-5439-4FB9-8D4B-ECOA1D0A2292 NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$50,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this 6 day of September, 2016 by and between Orange County, North Carolina (hereinafter the "Owner") party of the first part; and Durham Electric Company, Inc. (hereinafter the "Contractor"),party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the Owner hereby contracts for the construction services of the Contractor, and the Contractor agrees to provide the construction services to the Owner in accordance with the terms of this Agreement. 1. TERM AND MAXIMUM AMOUNT PAYABLE Beginning and ending dates of contract: September 6, 2016 through October 21, 2016. The Project Commencement Date shall be September 6, 2016. Dollar Amount Not to Exceed: Six Thousand Two Hundred Twenty Two Dollars. ($6,222.00) 2. SERVICES Contractor agrees to provide the following construction services (the "Work"): Provide labor and materials per proposal Dated: July 28, 2016 for electrical work at The Southern Orance Senior Center/Robert&Pearl Seymour Center. Contractor shall not sub-contract all or any part of the construction services provided for in this Agreement without prior written approval of the Owner. Contractor shall be responsible for all errors or omissions, in the performance of the Agreement. Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to Owner. 3. PAYMENT Contractor shall submit an invoice for construction services provided. The invoice shall contain Contractor's name and federal tax identification number and shall be signed and dated by an officer of Contractor. It shall detail all construction services provided in payment requests. The Owner will make payments to Contractor within thirty (30) days after receipt of and approval of the invoice by the contracting department. In the event the amount stated on an invoice is disputed by Owner, then Owner may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. In addition, should Contractor fail to perform its duties under the terms of this Agreement, Owner may, without fault or penalty, withhold any payment associated with the Work to be performed until such time as said work is completed. 4. RELATIONSHIP OF PARTIES Contractor is an independent contractor of the Owner. Contractor represents that it has or will secure, at its own expense, all personnel required in performing the construction services under this Agreement. Such personnel shall not be employees of or have any contractual relationship Revised 6/16 1 DocuSign Envelope ID:7B2CBCO2-5439-4FB9-8D4B-ECOA1D0A2292 with the Owner. All personnel engaged in work under this Agreement shall be fully qualified and shall be authorized or permitted under state and local law to perform such construction services. It is further agreed that Contractor will obey all State and Federal statutes, rules and regulations which are applicable to provisions of the construction services called for herein. Neither Contractor nor any employee of the Contractor shall be deemed an officer, employee or agent of the Owner. 5. SUSPENSION AND TERMINATION This Agreement may be terminated by Contractor upon thirty (30) days' written notice to the Owner, and the Owner may terminate this Agreement upon thirty (30) days' written notice to Contractor. Owner may suspend the Work at any time for Owner's convenience and without penalty to Owner upon three (3) days' notice to Contractor. Upon any suspension by Owner Contractor shall discontinue the Work and shall not resume the Work until notified to proceed by Owner. The notice required by this section or any other notice shall be delivered via certified mail, return receipt requested to the parties at the addresses as shown on the signature page to this Agreement. Such notice is deemed given upon its delivery to, or deposit in a receptacle of, the United States Post Office. 6. INSURANCE REQUIREMENTS Contractor 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 http://www.orangecountync.gov/departments/pur chasing_division/contracts.php). If Owner'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). Contractor shall not commence construction work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 7. INDEMNIFICATION Contractor agrees to defend, indemnify, save, and protect Owner and Owner's lender, if any, harmless from and against any and all claims, liens, liabilities, losses, damages, causes of action, and expenses (including court costs and reasonable attorney's fees related thereto) arising out of, in connection with, or resulting from any negligence, act or failure to act by the Contractor, the Contractor's agents, assigns or employees related to the Work. Contractor is responsible for all errors or omissions caused by its agents, contractors, employees, or assigns in the performance of this Agreement. It is the intent of this section to require Contractor to indemnify the Owner to the full extent permitted under North Carolina law. 8. NON-ASSIGNMENT • Contractor shall not assign all or any part of this Agreement, including rights to payments,to any other party without the prior written consent of the Owner. 9. NON—APPROPRIATION Contractor acknowledges that Owner is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory Revised 6/16 2 • DocuSign Envelope ID:7B2CBCO2-5439-4FB9-8D4B-ECOA1D0A2292 mandate. In the event that public funds are unavailable and not appropriated for the performance of Owner's obligations under this Agreement, then this Agreement shall automatically expire without penalty to Owner immediately upon written notice to Contractor of the unavailability and non-appropriation of public funds. It is expressly agreed that Owner shall not activate this non- appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the Owner's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects Owner's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to Owner upon written notice to Contractor of such limitation or change in Owner's legal authority. 10. DISPUTE RESOLUTION Any dispute with respect to any provision of, or the performance or non-performance of, this Agreement shall be subject to the Dispute Resolution Rules and Procedures for Orange County Design, Building Construction, Renovation, and Repair Projects which rules and procedures are incorporated herein. 11. ENTIRE AGREEMENT The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it, together with specifically referenced documents, constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified by a written amendment to this Agreement signed by the parties. Modifications may be evidenced by telefacsimile signatures. Should any conflict arise in the terms of any documents referenced herein and this Agreement the terms of this Agreement shall be given priority and shall control over all other such documents. Should a request for proposals and a proposal be referenced the terms of the request for proposals shall have priority over the terms of the proposal. 12. COMPLIANCE WITH LAW/GOVERNING LAW Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and any action brought under this Agreement shall be brought in the General Court of Justice of the State of North Carolina in Orange County. Contractor 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 Contractor affirms that Contractor and any subcontractors of Contractor are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Contractor certifies that Contractor 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. 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. Revised 6/16 3 DocuSign Envelope ID:7B2CBCO2-5439-4FB9-8D4B-ECOA1D0A2292 [SIGNATURE PAGE TO FOLLOW] Revised 6/16 4 DocuSign Envelope ID:7B2CBCO2-5439-4FB9-8D4B-ECOA1D0A2292 IN WITNESS WHEREOF Orange County and the Contractor have signed this agreement, effective as of the day and date first above written. ORANGE COUNTY CONTRACTOR UocuSignetl by: UocuSignetl by: By �ok,U,t(fia7urs(R By CU,eaves County Manager Durham Electric Company, Inc. 200 S. Cameron St. 807 N. Mangum St. P.O. Box 8181 Durham Hillsborough,NC 27278 NC, 27701 Revised 6/16 5 DocuSign Envelope ID:7B2CBCO2-5439-4FB9-8D4B-ECOA1D0A2292 ORANGE COUNTY—DEPARTMENT USE ONLY Department Party/Vendor Name: Durham Electric Company Inc. Party/Vendor Contact Person: Bill Parks (Bill.parks @durhamelectriccompany.com) Contact Phone: 919.682.5771 Party/Vendor Address: 807 N. Mangum St. City Durham State: NC Zip: 27701 Department:AMS Amount: 6222.00 Purpose: Power for Seymour Center Budget Code(s): 10240320-570000 Vendor#N/A (N/A if new vendor) Vendor is a BOCC consultant? Yes ❑ No Contract Type: (Check one) New ® Renewal ❑ Amendment ❑ Effective Date 9/6/16 Approved by Board Yes❑No Agenda Date: This agreement is approved as to technical form and content: i—UO<u5ignetl by: Department Director's Signature 2 74°p"°" Date: 9/9/2016 Information Technologies (Applicable only to hardware/software purchases or related services)This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer Date: Risk Management This agreement is approved for sufficiency of insurance standards,specifications,and requirements: U 59 dby Office of the Risk Management Offices'(,awu fl-o Date: 9/9/2016 Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: i—UOCUSigned by: Office of the Chief Financial Officer ("1" Date: 9/9/2016 Legal Services This agreement is approved as to legal form and sufficiency: i—UOCUSigned by: Office of the County Attorney, �0 rohwts Date: 9/9/2016 Clerk to the Board Received for record retention: All Docusign contracts must be copied to Donna Lloyd upon completion @ Dolloyd @orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Revised 6/16 6 DocuSign Envelope ID:7B2CBCO2-5439-4FB9-8D4B-ECOA1D0A2292 Office of the Clerk to the Board Date: Revised 6/16 7 DocuSign Envelope ID:7B2CBCO2-5439-4FB9-8D4B-EC0A1D0A2292 Durham Electric Company, Inc. 807 North Mangum Streeto®®Durham,NC 27701 Office 919-682-5771...Fax 919-682-5772 E5t — Durham 195g Electt c Company PROPOSAL Date:July 28,2016 Attn:Angel Barnes Capital Projects Manager Orange County Asset Management Services 131 West Margaret Lane Hillsborough,N.C.27278 Direct 919-245-2628 Mobile 919-610-8182 a barnes@orangecountync.gov Thank you very much for allowing Durham Electric Company to offer this proposal for the Electrical Work at The Southern Orange Senior Center/Robert and Pearl Seymour Center 2551 Homestead Road,Chapel Hill, N.C. 27516 NC. This proposal includes the work as described in the"Scope of Work"section below. SCOPE of Work: Durham Electric Company's proposal includes furnishing all materials, labor, inspections and equipment required to install the following electrical system. 1) Install(4) Hubbell SIR4PTQUADBRS flush floor boxes with brass cover and trim in the locations pointed out during the site walk-thru. Each box has(4)120V receptacles.(1) 120V 20-amp circuit will feed(2)floor boxes.A(4") hole will need to be drilled through the floor for each floor box.The core drilling is included in our quote.A conduit will be installed downstairs with the required wiring to feed the floor boxes.The feeder conduits and wiring will originate from an existing panel downstairs. 2) Install(1) 120V 20-amp outlet in the wall for a copier.This will be a dedicated circuit originating from the existing panel downstairs. 3) Install(1)120V 20-amp outlet in column near the floor boxes.This will be a dedicated circuit originating from the existing panel downstairs All materials,devices,floor boxes,wiring,conduits and other miscellaneous items are UL listed, heavy duty commercial grade.The installation and workmanship will meet or exceed NEC requirements. All work described above to be done on Sundays. Total Quote for the work as described above is:$6,222.00 Please contact me with any questions. Thank you for the opportunity, Bill Parks Vice President of Operations Durham Electric Company Inc. 807 N. Mangum St. Durham, NC 27701 Office 919-682-5771 Fax 919-682-5772 Mobile 919-698-6946 bill,parks @durhamelectriccompany.com DocuSign Envelope ID:7B2CBCO2-5439-4FB9-8D4B-ECOA1D0A2292 n F� /r' OP ID: DL 4� CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 09/07/2016 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 NAME: Tyson Insurance Services,Inc, PHONE !FAX 2609 N Duke St Suite•102 TA/C,No,Ex01.. (ANC,No): P.0.Box 15734 E-MAIL Durham,NC 27704- ADDRESS:PRODUCER Diane S.Long ,CUSSTOMER ID a:DURHELE INSURER(S)AFFORDING COVERAGE NAIC t/ INSURED Durham Electric Co., Inc, INSURER A_Penn. Nat. Mut. Cas. Ins.Co. 14990 807 N. Mangum Street INSURER e:Builders Mutual Insurance Co, Durham, NC 27701 INSURER C: INSURER O: INSURER E, �W 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. INSR I TYPE OF INSURANCE 'INSR• U L1 (MM/DDIYYYY)'(MM/DO!YYYY)I LIMITS LTR I DD • UBRI POLICY NUMBER GENERAL LIABILITY FT EACH OCCURRENCE 5 1,000,000 A XI COMMERCIAL GENERAL LIABILITY X X AC90075556 05/03/2016 i 05/03/2017 D AGE TO RENTED PREMISES(Ea occurrence) s 50,000 J CLAIMS-MADE i X OCCUR MED EXP (Any one parson) $ 5,000 An • PERSONAL&ADV INJURY $ 1,000,000 , ,..— _ GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: I ;PRODUCTS-COMP/OP AGG $ 2,000,000 PRO --- I POLICY c I I JECT- X I LOC 1 I j I ---•-- - _ �I AUTOMOBILE LIABILITY I I COMBINED SINGLE LIMIT $ 1,000,000 A : X ANY AUTO �AX90075556 05/03/2016 05/03/2017 I(Ea accident) BODILY INJURY(Per person) $ ALL OWNED AUTOS i BODILY INJURY(Per accident).$ .SCHEDULED AUTOS PROPERTY DAMAGE X• HIRED AUTOS (PER ACCIDENT) g 4 X I NON-OWNED AUTOS $ $UMBRELLA LIAB X OCCUR r EACH OCCURRENCE ' $ 6,000,000 exCeSs LIAR CLAIMS-MADE AGGREGATE $ 6,000,000 -- UL90075556 ' 05/03/2016 05/03/2017 ------ . DEDUCTIBLE $ I X • RETENTION $ 0 ! IS WORKERS COMPENSATION X WC STATU- OTH- I AND EMPLOYERS'LIABILITY YIN tY-- TORY LIMITS ER I tH. IANY PROPRIETOR/PARTNER/EXECUTIVE WCP002074417 07/00/2016 07100/2017 I E.L.EACH ACCIDENT i$ 1,000,000 •OFFICER/MEMBER EXCLUDED? N/A x � ,....-._.�—_.� r(Mandatory In NH) 1 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 (ryes,describe under DESCRIPTION OF OPERATIONS below • I E.L.DISEASE-POLICY LIMIT S 1,000,000 A Inst.Floater/ IAC90075556 1 05/03/2015 05/03/2017 1Coverage 500,000 Builders Risk I I Bed. 1,000 •DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES (Attach ACORD 101,Additional Remarks Schedule,Ir more space Is required) Orange County, its officers official agents &employees are Additional Insureds with respects to Genera! Liability, per attached forms.Waiver of subrogation has been added to Work Comp,endorsement to follow directly from the Company. Umbrella follows form. 30 day notices of cancellation have been added for General Lie .,Auto Liab. &Work Comp,endorsements to follow, , CERTIFICATE HOLDER CANCELLATION ORANC07 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN y ACCORDANCE WITH THE POLICY PROVISIONS, P,O, Box 8181 Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE Diane S. Long 1 - (4. Q ©1988-2009 ACORD CORPORATION, All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD