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Home My WebLink About2018-079-E DEAPR - Tommy Lawrence Electrical Contractors Farmers Market Pavillion electrical improvementsDocuSign Envelope ID: 2A12972A- 7D21- 4D74- AD4C- A79339548F21 NORTH CAROLINA ORANGE COUNTY CONSTRUCTION SERVICES AGREEMENT UNDER $50,000 THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement " ), is made and entered into this sixth day of March, 2018 by and between Orange County, North Carolina (hereinafter the "Owner ") party of the first part; and Tommy Lawrence Electrical Contractors, 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: March 6, 2018 through May 18, 2018. The Project Commencement Bate shall be March 12, 2018. Dollar Amount Not to Exceed: forty thousand three hundred and eight dollars ($40,308) 2. SERVICES Contractor agrees to provide the following construction services (the "Work "): - Trench and install conduit and wire from service panel to 200 amp sub panel, trench and install conduit and wire from sub panel to (7) brick columns for (7) 20amp 120 volt dedicated GFI receptacles and (2) 50amp 1201250 volt receptacles on end columns. - Locate existing wells and hand dig where necessary. - Locate and cut into existing wire feeding shelter, install quacite box to make splices and extend circuit to new sub panel. - Install (6) 80 "six blade KICHLER bronze colored ceiling fans with LED light in place of existing 52" five blade ceiling fans at wood structure. We will re -wire existing fan circuits with two circuits for separate control of new light and fan and install two switches at wood column. - Install (1) 4X6 treated post with (1) 50 amp 1201250 volt receptacle and (3) 20 amp 124 volt. GFI receptacles, all with in -use covers. Trench and install conduit and wire from service panel to receptacle outlets which will be installed near black bollards. Eliminate one of the two 50 amp 1.201250 volt receptacles. - Relocate 200 amp sub panel from center of pavilion to end near curbing. Install additional wood boards on existing wood structure to mount sub panel and new receptacle outlets which will be used for hog day. Install (16) 20 amp 120 volt GFI receptacles on dedicated circuits on wood structure, receptacles will have in -use covers. Twelve of the sixteen 20 amp 120 volt GFI receptacles that were originally figured at the hog day board near the main service panel structure will be done away with. All remaining quoted work on pavilion (separate contract) will remain as quoted and will be fed from this relocated sub panel. 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. Revised 10/17 1 DocuSign Envelope ID: 2A12972A- 7D21- 4D74- AD4C- A79339548F21 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 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: / /Nv w. orangecountync. gov/ departmentslpurchasuagadivision /contracts.plip). If Owner's Disk Manager determines additional insurance coverage is required such additional insurance shall be designated here NIA (if no additional insurance required mark NIA 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. Revised 10117 2 DocuSign Envelope ID: 2A12972A- 7D21- 4D74- AD4C- A79339548F21 7. INDEMNIFICATION Contractor agrees, without limitation, 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 resulting in property damage or personal injury, including death, or other loss 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 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. 14. 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. The policy is incorporated herein by reference and may be viewed at http : / /N"yw.orangecountync.gov /departments /purchasing division/contracts.php). 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 Revised 10/17 3 DocuSign Envelope ID: 2A12972A- 7D21- 4D74- AD4C- A79339548F21 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 non - discrimination laws, policies, rules, and regulations and the Orange County Non - Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at htt :Ilrvww.or uecollqtync.gov/departmeiitsl urcbasin divisionlcontracts. h }. Any violation of the Orange County Non - Discrimination Policy 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 identified, on the lists created by the State Treasurer pursuant to G.S. 147 -86.58 and G.S. 147 - 86.81. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and intent of the Parties to comply with Article 11 A and Article 40 of North Carolina General Statute Chapter 66. [SIGNATURE PAGE TO FOLLOW] Revised 10117 4 DocuSign Envelope ID: 2A12972A- 7D21- 4D74- AD4C- A79339548F21 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 DocuSigned by: DocuSigned by. 66W AA, � - 'MKAIV ,. 3/13/2018 1a ,�, T� 116 � Corporate Secretafy /Z018 55E47C, `�"� SA43E996359F4.0 poste Secretary , 200 S. Cameron St. Tommy Lawrence Electrical Contractor's Inc. P.O. Box 5181 P.O. Box 641 Roxoboro, NC 27573 Hillsborough, NC 27278 Revised 10117 DocuSign Envelope ID: 2A12972A- 7D21- 4D74- AD4C- A79339548F21 PROPOSAL Grange County Parks & Rec Project: River Park Shelter Wiring Attn: Marabeth Carr/ Angel Barnes Date: 118118 We propose to provide and install material needed to perform miscellaneous electrical work on shelter at River Park per below: - Weed struet A . ic sWter- with 200amp 120/240 volt single phase 42 eireuit. sub panel with (1) 20amp 120 ve" "I -eeepltaele and (2) switehes Paotinted an we the seeaffilbd A-fie , . . g li&s. Others will build lockable wooden eneloser-e Avound panel stmetufe to Y-nateh shelter-. - Trench and install conduit and wire from service panel to 200 amp sub panel, trench and install conduit and wire from sub panel to (7) brick columns for (7) 20amp 120 volt dedicated GFI receptacles and (2) 50amp 1201250 volt receptacles on end columns. - Locate existing wells and hand dig where necessary. - Locate and cut into existing wire feeding shelter, install quazite box to make splices and extend circuit to new sub panel. Material & Labor: $ 28,1.35.00 Alt. 1- 2121118 Please add amount of $1,825.00 to provide and install (6) 80" six blade KICHLER bronze colored ceiling fans with LED light in place of above 52" five blade ceiling fans, hanging lanterns and (2) switches at wood structure. We will re -wire existing fan circuits with two circuits for separate control of new light and fan and install two switches at wood column. Alt.2- 315118 Please add amount of $4,061.00 to install (1) 4X6 treated post with (1) 50 amp 1201250 volt receptacle and (3) 20 amp 120 volt GFI receptacles, all with in -use covers. We will trench and install conduit and wire from service panel to receptacle outlets which will be installed near black bollards. One of the two 50 amp 1201250 volt DocuSign Envelope ID: 2A12972A- 7D21- 4D74- AD4C- A79339548F21 receptacles that was originally figured at the hog day board near the main service panel structure will be done away with. Alt.2- 315/18 Please add amount of $6,287.00 to relocate 200 amp sub panel from center of pavilion to end near curbing. We will install additional wood boards on existing wood structure to mount sub panel and new receptacle outlets which will be used for hog day. We will install (16) 20 amp 120 volt GFI receptacles on dedicated circuits can wood structure, receptacles will have in -use covers. Twelve of the sixteen 20 amp 120 volt GFl receptacles that were originally figured at the hog day board near the main service panel structure will be done away with. All remaining quoted work on pavilion will remain as quoted and will be fed from this relocated sub panel. Total: $ 40,308.00 TOMMY LAWRENCE ELECTRICAL CONTRACTORS, INC. AUTHORIZED SIGNATURE: WARREN TAYLOR DATE: 1/8118 ACCEPTANCE OF PROPOSAL SIGNATURE: DATE: DocuSign Envelope ID: 2A12972A- 7D21- 4D74- AD4C- A79339548F21 LAWRE -1 OP 1D: MG CERTIFICATE OF LIABILITY INSURANCE DA12r2TE(MM t�rxol/2011 YY, 7 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($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate 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), CONTACT PRODUCER NAME: Phillip A11E:n T Thompson - Allen, Inc, PHONE x$$ -699- 2'1"75 f P. 0. Box 100 (AIC. No, Exti3 . prc, Not: 336- 599 -6932 Roxboro, NC 27673 ADDRESS_ - Marcia D, Green NRIC R ORANGCG SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Orange County Government ACCORDANCE WITH THE POLICY PROVISIONS. Parks and Recreation Lori Taft AUTHORIZEOREPRESENTATIVE 200 South Cameron Street M D Gre n r Hillsborough, NC 27278 @ 1988.2014 ACORD CORPORATION. All rights reserved. ACORD 26 (2414101) The ACORD name and logo are registered marks of ACORD INSURER {S) AFFORDIN{3 COVERAGE _, INSURERA:Cincinnatl. Insurance Company - 10677 --..... r..._-- ........_..— ........,.._ .. INSURED Tommy Lawrence EieGtrical INSURER B: Cincinnati Casualty Company 28665 Contractor's Inc. INSURER 0: P.O. Box 641 Roxboro, NC 27573 INSURER 0: INSURER E ; INSURER P 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. S IN R TYPE OF INSURANCE J p POLICY NUMBER OLICY EFF POLICY EXP MMfDPNYYY MM ODNYYY _ _ _ LIMITS A X COMMERCIALGENERALLIA13ILITY EACH OCCURRENCE $ 1,000,000 --.... CLAIMS -MADE rol OCCUR EPP 0096783 0$11612017 0811812018 pAMAGE TO RENTED Ea ac urrewCe. $ 100,400 ME EXP (Any one person) S 5,000 PERSONAL $ ADV INJURY S 800,080 GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $ 2,000,000 POLICY "- JECOT LDC PRODUCTS - COMPfOPAGG S 1,0D4,440 I ! i OTHER: LIMIT S �a�d '1,000,00{1 AUTOMOBILE LIABILITY rtiS1NGLE A X EBA 0096783 08116/2017 081161201$ BODILY VNJURY (Par Person) s ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Paraccidenl) 9 AUTOS NON-OWNED X PROPERTY DAMAGE 5 IPeraccldetltl -- - HIRED AUTOS AUTOS 5 X UMBRELLA LIAR X OCCUR EACH OCCURRENCE S 6,000,000 A EXCESS LIAS CLAIMS -FADE EPP 0096783 09116/2017 0811$12018 AGGREGATE $ 5,000,400 t DED RETENTIONS 3 X $7qT WORKERS COMPENSATION AND EMPLOYERS' LIABILITY B ANY PROPRIETORJPARTNERIEXECUTIVE YIN EWC036823B ^02 E _ ER 01101/2418 011'0'112'0'15 E.L. EACH ACCIDENT � $ _ 140,440 orFIC£RWRABER EXCLUDED? N f A E.L. gISEASE • EA EMPLOYEE 5 140,044 jMandatory In NHj If es,desctlbenndef DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 604,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (ACORD 101, AddRienal Remarka Schedule, may fie attached If more $P00 Is requlred} EMAIL.: Itaft @orangecountyne.gov CERTIFICATE HOLDER CANCELLATION ORANGCG SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Orange County Government ACCORDANCE WITH THE POLICY PROVISIONS. Parks and Recreation Lori Taft AUTHORIZEOREPRESENTATIVE 200 South Cameron Street M D Gre n r Hillsborough, NC 27278 @ 1988.2014 ACORD CORPORATION. All rights reserved. ACORD 26 (2414101) The ACORD name and logo are registered marks of ACORD