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Home My WebLink About2018-631-E AMS - National Power WCOB generatorRevised 10/17 (Mgr apprv 5k 6/18) 1 [Departmental Use Only] TITLE WCOB Generator FY 18/19 ORANGE COUNTY CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 18th day of September, 2018, (“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 National Power Corporation (the "Provider"), party of the second part; W I T N E S S E T H: 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: West Campus Office Building Generator- overview and customer orientaion of operation The term of this agreement rendered shall be from 9/25/2018 to 12/30/2018. 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 Six Hundred Seventy Two Fifty, ($672.50). 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 DocuSign Envelope ID: 7DE0B21B-2311-42D3-BC59-5E3F04D4843D Revised 10/17 (Mgr apprv 5k 6/18) 2 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 (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, without limitation, 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 consent of the Parties to utilize electronic signatures and 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 Non- Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php.). 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 identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. 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. If such mediation fails either party may initiate litigation to resolve the dispute. 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. DocuSign Envelope ID: 7DE0B21B-2311-42D3-BC59-5E3F04D4843D Revised 10/17 (Mgr apprv 5k 6/18) 3 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. IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER By: _________________________ By: _________________________ Department Director Title: ________________________ 200 S. Cameron St. Kim Crawford P.O. Box 8181 4541 Preslyn Dr Hillsborough, NC 27278 Raleigh, NC 27616 DocuSign Envelope ID: 7DE0B21B-2311-42D3-BC59-5E3F04D4843D DocuSign Envelope ID:7DEOB21B-2311-42D3-BC59-5E3F04D4843D National Power Corporation 4541 Preslyn Dr NATIONAL Raleigh NC 27616 0 POWER Phone: (919)790-1672 Fax: (919)790-9714 09/18/18 Quoted by ARANDALL ORANGE COUNTY AMS 131 WEST MARGARET LANE HILLSBOROUGH, NC 27278 ALAN DORMAN, Re: Quote#0000182127 We appreciate the opportunity to present this proposal. If you have any questions regarding our services, please do not hesitate to contact me. Regards, Generator Service DocuSign Envelope ID:7DEOB21B-2311-42D3-BC59-5E3FO4D4843D National Power Corporation 4541 Preslyn Dr NATIONAL Raleigh NC 27616 0 POWER Phone: (919)790-1672 Fax: (919)790-9714 ORANGE COUNTY AMS 131 WEST MARGARET LANE HILLSBOROUGH, NC 27278 Re: Quote# 0000182127 Quote for system overview, location, customer orientation of operation. This quote is for during normal buisness hours if after hours is required it will be at additional cost. Item Quantity Cost SERVICE LABOR AND TRAVEL 500.00 SERVICE MILEAGE 75.00 172.50 Price Estimate Total: $672.50 Contract Acceptance Prices are valid for 30 days and based on the equipment and sevice information listed above. Taxes are not included. National Power Corp. Terms and Conditions of Service apply to any order based on this offer and are incorporated by reference herein. A copy of these terms is available at http://natpow.com/policies or may be obtained from your National Power sales representative. We accept payment by check, VISA, MasterCard, and American Express. Signature: Allison Cooper Please remit payment to: National Power Corporation Name: Allison Cooper 4541 Preslyn Drive Date: 9/18/2018 Raleigh, NC 27616 Phone: 919-245-2625 Email: acooper @orangecountync.gov PO# DocuSignn Envelope ID:7DEOB21B-2311-42D3-BC59-5E3FO4D4843D OP ID:AH 1 CERTIFICATE OF LIABILITY INSURANCE D.121271201 YY' 12127!2417 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 he 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 SNIPES INSURANCE SERVICE, INC NAME: Amy_G. Hartley FAX PO BOX 1165 O Af No •910-8'92^2121 JAIC,No):910-892.5228 DLINN, NC 28335 ADDRESS:am Snl €`s111S.Corn DAL SNIPES PRODUCER cusTomEg 1p#NATIO-3 1NSU RER(S)AFFORDI NO COVERAGE NAIC# INSURED NATIONAL POWER CORPORATION INSURERA:CINCINNATI INSURANCE COMPANY 10677 4541 PRESLYN DRIVE INSURER Ia;CINCINNATI CASUALTY 28665 RALEIGH, NC 27616 INSURER C: 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 SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR -WVn POLICY NUMBER MMIDDIYY YY) IMM1001YYYY1 LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000. • X COMMERCIAL GENERAL LIABILITY X EPP 039 26 42 07101/2017 0710112018 PREMISES Ea occurrence $ 100,00 CLAIMS-MADE F_x1 OCCUR MED EXP(Anyone person) $ 5,00 X PER PROJ AGGRE PERSONAL&ADV INJURY $ 1,000,00 X XCU INCLUDED GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMITAPPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,00 POLICY PRO FX1 LOC $ AUTOMOBILE LIABILITY X, COMBINED SINGLE LIMIT $ 1,000,000 EBA 039 26 42 0710112017 07101/2018 (Ea accident} • X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS ^PROPERTY DAMAGE X HIRED AUTOS (PER ACCIDENT) $ X NON-OWNED AUTOS $ $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 55,000,00 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 A - EPP 039 26 42 0710112017 0710112018 DEDUCTIBLE 'FOLLOW F $ X RETENTION S 0 $ WORKERS COMPENSATION WCSTRTU- OTH- AND EMPLOYERS°LIABILITY YIN TORY LlMrrs I ER ANY PROPRIErORIPARTNERIEXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (Mandatary in NH) E.L.DISEASE-EA EMPLOYE $ .`yes,describe under "j`SCRIPTION OF OPERATIONS below E.L.DISEASE•POLICY LIMIT $ A ERROR&OMISSIONS EPP 039 26 42 07/01/2017 0710112018 OCCIAGGR 1 mm/1 mm A jCargolTransit EPP 039 26 42 0710112017107101/2018 Any One 130,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES Attach ACORD 101,Additional Remarks Schedule,it more ce is required ORANGE COUNTY IS AN ADDITIONAL INSURED FOR BOTH GENERAL LIABILITY AND AU O LIABILITY AS REQUIRED BY WRITTEN CONTRACT PER CARRIER FORMS GA233 0207 AND AA4171 1105 CERTIFICATE HOLDER CANCELLATION ORANG-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ORANGE COUNTY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. PO BOX.8118 HILLSBOROUGH, NC 27278 AUTHORIZED REPRESENTATIVE 0 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD