The URL can be used to link to this page

Home My WebLink About2016-522-E AMS - Harris Bros. Electric & Controls, Inc. for power for motorized gate DocuSign Envelope ID: 3318D9E2-B48D-40CD-8B0B-5952BB24E24B DocuSign Envelope ID:3318D9E2-B48D-40CD-8B0B-5952BB24E24B [Departmental Use Only] TITLE Power Motorized Gate FY 2016-17 ORANGE COUNTY CONTRACT UNDER$1,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 9th day of September, 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 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 and/or construction (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Provide power to motorized gate, power to be derived from the nearest available circuit. All work to be performed during normal business hours. The term of this agreement rendered shall be from September 10,2016 to September 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 Eight Hundred Eighty-Eight Dollars and Seventy-Nine Cents,($888.79). 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 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: 3318D9E2-B48D-40CD-8B0B-5952BB24E24B DocuSign Envelope ID:3318D9E2-B48D-40CD-8B0B-595213B24E24B Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http:/Lwww.orangecountync.gov/departrents/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. 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. 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 arc 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 hinds. [SIGNATURE PAGE TO FOLLOW] Revised 6/16 2 I DocuSign Envelope ID: 3318D9E2-B48D-40CD-8B0B-5952BB24E24B DocuSign Envelope ID:3318D9E2-B48D-40CD-8B0B-5952BB24E24B IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PRO V]k]7.M II Uo<u5ignetl by ^' B P"°w By 40, 000e. Ant MVO's- D�e�p„artment Director Calvin �t. iris, president '-'"Y �lmk 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: 3318D9E2-B48D-40CD-8B0B-5952BB24E24B DocuSign Envelope ID:3318D9E2-B48D-40CD-8B0B-5952BB24E24B Harris Bros. Electric 85 Controls, Ink. 2712 Hillsborough Road Durham, NC 27705 Phone: (919)220-8500 **Fax: (919) 220-7009 BID PROPOSAL(Revised) Date: August 24, 2016 To: Paul Sorrell Company: Orange County Financial Services - Purchasing Telephone: (919) 201-6829- Email: psorrellaorangecountync.aov From: Calvin Harris Company: Harris Bros. Electric& Controls, Inc. Telephone: (919) 220-8500 Fax: (919) 220-7009 Email: calvinrharris@msn.com Project: Café' 113 for Orange County Scope of Work: • Provide power to the motorized gate. Power derived from the nearest available circuit Labor $630.00 Material 108.79 Permit 150.00 Total $888.79 Total Base Bid: $888.79 (Eight Hundred Eighty-Eight&79/100 Dollars) Notes: • Work to be done during normal working hours. • Bid good for 30 days. DocuSign Envelope ID: 3318D9E2-B48D-40CD-8B0B-5952BB24E24B DocuSign Envelope ID:3318D9E2-1348D-40CD-8B0B-5952BB24E24B ,„,.......ft) 0 _ ACC#RD CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDITYYY) I 9/8/2016 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 certfficate holder Is an ADDITIONAL INSURED, the pollcy(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 CONTAC Debby Blanchard rkicn.NNE.Q.je 0 Glick & Mahan Agency (336)228-0525 -7 FAX (336)229-0900 (NC,No); . 2326 South Church St. AED"M6ARIELasblanchd3@nationwide.com . Ste C INSURERS),AFFORDING COVERAGE Burlington NC 27215 INSURER A IDONEGAL INSURANCE GROUP 13692 INSURED INSURERS: HARRIS BROTHERS ELECTRIC AND CONTROLS INC INSURER C 2712 HILLSBOROUGH ROAD INSURER 0 INSURER S L _ DURHAM NC 27705 INSURER E COVERAGES CERTIFICATE NLIMBER:CL1672500409 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE I ISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWIT HSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT 10 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 ......_,... _ pis R l'AUDL 0 POLICY EFF f POLIcY'EXP LTR TYPE OF INSURANCE I MI) wve POLICY NUMBER IMIIMIDEMYY)I IMM/OLVYTYY1 LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE I$ 1,000,000 1 I °MADE%MEMO 7 i CLAIMS-MADE I X OCCUR P_REMJESSIEjl.sza orrerc_o I $ 100,000 _ CPP8925539 07/14/2016 07/14/20171 MED EXP I/Intone person) $ 50000 --- A 11 PenspNAL&ACV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 2000,000- X POLICY! 78-1: 1 I LOC i PRODUCTS-COMP/OP AGG $ 1 - OTHER' $ AUTOMOBILE LIABILITY 1 COMBINED SINGLE LIMIT .. 1 000,000 ai sodderj) _.4 X ANY AUTO BODILY INJURY(Per person) $ — _ ALL OWNED - - SCHEDULED CA8925539 07/14/2016 07/14/2017 BODILY INJURY(Per accident) $ AUTOS AUTOS A , , NON OWNED PROPERTY DAMAO _ •••_ HIRED AUTOS •• AUTOS (psi acdden0 $ $ IX UMBRELLA LIAB X OCCUR 1•A EACH CCCURRENCE $ 5,.000 000_ EXCESS LIAB CLAIMS.MADE CX8925539 07/14/2016 07/14/2017 1 AGO REGATE $ 54 000,000 DE 0 j RETENTION $ ,-. WORKERS COMPENSATION , I PER , ' I OTH AND EMPLOYERS'LIABILITY ylw 1 " LETATWE IF& — ANY PROPRIETOR/PARTNER/EXECUTIVE [ j N/A WC8925539 07142016 07142017 EL.EACH ACCIDENT 1$ 1t000J/P00 OFFICERFMEMEIEli EXCLUDED? A mondeory an NH) E L DISEASE-EA EMPLOyE. $ 1000,00o If des cribo un der DESCRIPTION OF OPERATIONS below E L DISEASE-poucy LimiT $ 1,000,000 1 1 t DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached IT more space Is required) I . I CERTIFICATE HOLDER CANCELLATION abarnes@orangecountync.gov SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ORANGE COUNTY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO BOX 8181 ACCORDANCE WITH THE POLICY PROVISIONS, HILLSBOROUGH, NC 27278 AUTHORIZED REPRESENTATIVE 0 1942014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) 1