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HomeMy WebLinkAbout2016-573-E AMS - Durham Electric Company, Inc. to install power for cafe DocuSign Envelope ID: 1DFCB082-2DBE-4FF6-A29E-A75A452063D6 NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$50,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this 12th day of October, 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: October 12, 2016 through December 31, 2016. The Project Commencement Date shall be October 12, 2016. Dollar Amount Not to Exceed: Twenty Four Thousand One Hundred Nineteen Dollars ($24,119.00) 2. SERVICES Contractor agrees to provide the following construction services (the "Work"): Install power panels, outlets and switches per proposal dated July 28, 2016. 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 perfoitued 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 with the Owner. All personnel engaged in work under this Agreement shall be fully qualified Revised 6/16 1 DocuSign Envelope ID: 1DFCB082-2DBE-4FF6-A29E-A75A452063D6 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 teiminate 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/purchasing_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 mandate. In the event that public funds are unavailable and not appropriated for the performance Revised 6/16 2 DocuSign Envelope ID: 1DFCB082-2DBE-4FF6-A29E-A75A452063D6 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. [SIGNATURE PAGE TO FOLLOW] Revised 6/16 3 DocuSign Envelope ID: 1DFCB082-2DBE-4FF6-A29E-A75A452063D6 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 i—UOCUSignetl by: i—UOCUSigned by: By bokkut.hAntrskii By Due ^ County Manager Durham Electric Company, Inc 200 S. Cameron St. 807 North Mangum Street P.O. Box 8181 Durham,NC 27701 Hillsborough,NC 27278 Revised 6/16 4 DocuSign Envelope ID: 1DFCB082-2DBE-4FF6-A29E-A75A452063D6 Durham Electric Company, Inc. 807 North Mangum Street•••Durham,NC 27701 Office 919-682-5771®®4Fax 919-682-5772 Est Durham if Electric 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 gar ne @ cfanggc ourgoog.go,/ Thank you very much for allowing Durham Electric Company to offer this proposal for the Electrical Work at The Orange County Department of Social Services building at 113 Mayo Street,Hillsborough,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) 225 amp,208/120V 3 phase panel with a 100 amp 3 phase breaker to feed the new 100 amp panel in utility room close to the kitchen area.This panel will have 39 spare spaces for future use. 2) 225-amp feeder conduit and wiring fed from an existing 225-amp breaker in an existing panel in the back of the building. This will feed the new 225-amp panel. 3) 100 amp 208/120V 3 phase panel to be installed in the utility room close to the kitchen area.All required breakers needed to feed new outlets are included in this panel,with several spare breaker spaces for future use. 4) 100-amp feeder conduit and wiring from new 225-amp panel to feed new 100-amp panel. 5) The following electrical outlets will be installed in the kitchen area or as noted.They will be installed using THHN wiring, EMT conduit and flexible metal conduit where required to fish down walls.All wiring and conduits will meet or exceed all NEC requirements. a) L6-30R twist lock receptacle for Cappuccino machine. b) (2)20 amp duplex receptacles for coffee grinder and machine.Each duplex to be a dedicated circuit. c) (2)Duplex receptacles over trash receptacle cabinet for microwave ovens. d) (2)Duplex receptacles over trash receptacle cabinet for toaster ovens e) (2)Receptacles for TV's.One over trash receptacle cabinet and one in cafe area. f) (1)Duplex receptacle at front entrance for receptionist desk All materials,devices,panels,wiring,conduits and other miscellaneous items are UL listed,heavy duty commercial grade.The installation and workmanship will meet or exceed NEC requirements. Total Quote for the work as described above Is:$22,921.00 An alternate/add to install a 3 way switching system for the light fixtures with one switch by front door and a second switch located in the back is existing and will be modified so lights can be turned on/off from either location: Total for Switching alternate:$1,198.00 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: 1DFCB082-2DBE-4FF6-A29E-A75A452063D6 OP ID: DL - '� CERTIFICATE OF LIABILITY INSURANCE DATE(MM/OD1 YYY,. 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 fS 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 Tyson Insurance Services,Inc. NAME: 2609 N Duke St Suite 102 PHONE P.0.Box 15734 ANC,No,Extt: FAX Nol: Durham,NC 27704- ADDRESS: - Diane S.Lon PRODUCER Long CUSTOMERID# DU: RHEI-E - INSURER(S)AFFORDING COVERAGE NAIC# INSURED Durham Electric Co., Inc. INSURER A:Penn Nat. Mut. Cas. Ins.Co. 114990 807 N. Mangum Street INSURER B:Builders Mutual Insurance Co. Durham, NC 27701 INSURER C i 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. INSR I .ADDL:SUBRI POLICY EFF POLICY EXP LTR I TYPE OF INSURANCE INSR'WVD` POLICY NUMBER (MM/DDIYYYY)i(MM/DDIYYYY) LIMITS I GENERAL LIABILITY I— - EACH OCCURRENCE $ 1,000,000 A Xl COMMERCIAL GENERAL LIABILITY X X AC90075556 05/03/2016105/03/2017 DAMAGE 7i)RENTED PREMISES(Ea occurrence) $ 50,000 J CLAIMS-MADE i X OCCUR MED EXP(Any one person) $ 5,000 --.-. PERSONAL&AOVINJURY $ 1,000,000 GENERAL AGGREGATE . $ 2,000,000 I GEN'L AGGREGATE LIMIT APPLIES PER: � , PRODUCTS-COMP/OP AGG $ 2,000,000 ( PRO- T POLICY, ,lECT X 1 LOC ? I i I $ AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT (Ea accidenO $ 1,000,000 A X ANY AUTO IAX90075556 05/0312016 05/03/2017! BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE : •HIRED AUTOS i(PER ACCIDENT) $ I X I NON-OWNED AUTOS $ UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 6,000,000 EXCESS LIAB CLAIMS-MADE A — UL90075556 05/03/2016 05/03/2017 I AGGREGATE $ 6,000,000 DEDUCTIBLE $ j X l RETENTION $ 0 i$ WORKERS COMPENSATION X WC STATU- 0TH- AND EMPLOYERS'LIABILITY _ TORY LIMITS ER B I ANY PROPRIETOR/PARTNER/EXECUTIVE YIN WCP002074417 07/08/2016 07/08/2017 I E.L.EAGH_ACCIDENT ' $ 1,000,000 OFFICER/MEMBER E XCLUDED? N!A X — (Mandatory In NH) I E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,000,000 A Inst.Floater/ �AC90075556 ■ 05/03/2015 06/03/2017'Coverage 500,000 Builders Risk I Dad. 1,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required) Orange County,its officers official agents&employees are Additional Insureds with respects to General 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 i added for General Liab.,Auto L.iab. &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 J y ACCORDANCE WITH THE POLICY PROVISIONS, P,O, Box 8181 Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE Mane S. Long _^� 1 Ck ©1988.2009 ACORD CORPORATION, All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD