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Home My WebLink About2017-699-E AMS - Harris Bros Whitted ATS panel DocuSign Envelope ID: 150FAC57-4891-47F3-9504-4284DB66973C [departmental Use Only] TITLE Whitted ATS panel LPD2 FY 201712018 ORANGE COUNTY CONTRACT UNDER S15,01 ulo NORTH CAROLINA THIS AGREEMENT, made and entered into this October day of 31st, 202017, ("Effective Date") by and between Orange County, North Carolina, a political subdivision 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 (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Whitted Building ATS to Panel LPD2- intercept the feeder feeding panel LPD2 and connect it to the existing ATS. The term of this agreement rendered shall be from 10/27/2017 to 11/27/2017. 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 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 Two Thousand Four Hundred Sixty Seven, ($2,467.00). 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 Grange County Devised 2117 1 DocuSign Envelope ID: 150FAC57-4891-47F3-9504-4284DB66973C 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 consist of (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. Indemni The Provider agrees to defend, indemnify, and hold harmless Change 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, its agents, or assigns directly or indirectly related to the Services to be performed pursuant to this Agreement on the part of the Provider. 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 the Provider. 7. Entire AD-cement 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. 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 443 of North Carolina General Statute Chapter 66. 8. Priority: In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms of this Agreement shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Governing Law:_Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. Provider shall at all times remain in compliance with all applicable local, state,and federal laws, roles, 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 Change County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http://www.orangecountyne.gov/departments/purchasing division/contracts plip.). 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 affirms that Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 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. I 11. Dispute Resolution: Any and all suits or actions to enforce, interpret, or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. 11. 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 Revised 2117 2 DocuSign Envelope ID: 150FAC57-4891-47F3-9504-4284DB66973C 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. [SIGNATURE PAGE TO FOLLOW] i Revised 2/17 3 DocuSign Envelope ID: 150FAC57-4891-47F3-9504-4284DB66973C IN WITNESS WHEREOF,County and the Provider have signed this Agreement,effective as of the day first written above. ORAJ�T,nn l+f%YTWTW'Ur FItO irrnr,ti>t DocuSigned by: DocuSigned by: �76wtl.it, �,a*KAL Ct w avl�s By: fl�37994B755E477... '^ By ^ ADEAiC1DD26943C... County manager Title: c a i vi n K. Harris, President 200 S. Cameron St. Calvin Harris P.O.Sox 8181 2712 Hillsborough Rd Hillsborough,NC 27278 Durham,NC 27705 I I i Revised 2/17 4 DocuSign Envelope ID: 150FAC57-4891-47F3-9504-4284DB66973C Harris Bros. Electric & Controls, Inc. 2712 Hillsborough Road Durham, NC 27705 Phone: (919) 220-8500 ** Fax: 1919) 220-7009 BID PROPOSAL Date: October 12, 2017 To: Allen Dorman Company: Orange County Phone: 919-619-8859 E-mail: <t3cyi: t�rr_c�rrari �a ��EZt �zc. Pro From: Calvin Harris Company: Harris Bros. Electric_ $r Controls, Inc, Telephone: (919) 220-8500 Fax: (919) 220-7069 Email: calvinrharrip msn.com Project: Whitted Building ATS to Panel LPD2 Scope of Work: • Intercept the feeder feeding panel LPD2 and connect it to the existing ATS.The ATS is protected by a 225A breaker and the panel LPD2 is protected by a 250A breaker. • The ampacity protecting panel LPD2 will be lowered to 225A because that is what the existing ATS is protected by, • We do not know the existing load of panel LPD2 so we are not responsible for the feeder over current device tripping,. • Electrical permit included • After hours pay included. Total Base Bid:. $2,467.00(Two Thousand Four Hundred Sixty-Seven Dollars) Alt#1: Add if this needed to be done after hours. Add to Base Bid: $350.00 Notes: i I • Work to be done during normal business hours. i • Bid good for 30 days. f I DocuSign Envelope ID: 150FAC57-4891-47F3-9504-4284DB66973C DocuSign Envelope ID:98637986-D2B9-41A2-977B-F767CDA07A6C AC R" DATE IMMMDNYYY] +� CERTIFICATE OF LIABILITY INSURANCE 07/14/2017 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 have ADDITIONAL INSURED provisions or 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 nut confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT FEDERATED MUTUAL INSURANCE COMPANY nA. CLIENT CONTACT.CENTER PAX HOME OFFICE: P.O.BOX 328 cNrEI4 ExI):888-333-4949 tA IC Nd 1 507-446A664 OWATONNA,MN 55064 AMD DAR Ess:CLIENTCONTACTCENTER FFDINS.COM INSURERS AFFORDING COVERAGE NAIL# INSURER A:FEDERATED MUTUAL INSURANCE COMPANY 13935 INSURED 252-856-0 INSURER B: ~ HARRIS BROTHERS ELECTRIC AND CONTROLS,INC. INSURER C- 2712 HILLSBOROUGH RD DURHAM,NC 27705-4044 INSURER DI INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:36 REVISION NUMBER:1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE Ikz..ti _ 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. NT R TYPE OF INSURANCE NSR WBR POLICY NUMBER POLICY E£F POLICY EXP LTR iN5 WVD AIMIDDIYYYY Mh4wDlyYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 51,000,000 CLAMS°MAO€ 1XI OCCUR DAMAGE TO RENTED $100,0{]0 PRCM SSS Ea ocutrrEno)_ _ MED EXP(Any one person) EXCLUDED A N N 6048918 0711412017 07114/2018 PERSONAL ADV INJURY $1,000,000 GEH'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000 Q00 POLICY E JECT 0 LOc PRODUCTS-COMPIOP AGO $2,00,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,x,00(} X ANY AUTO BODILY INJURY(Per person) A OWNED AUTOS ONLY AUTOSUL€D N N 6048918 0711412017 071141208 BODILY INJURY(Per accident] HIRED AUTOS ONLY NON-OWNED AUTOS ONLY PROPERTY DAMAGE LPor acrl den X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $5,000,000 A EXCESS LIAR CLAIMS•MADE N N 6048919 07/14/2017 07/1412018 AGOAEOATE $5,000,000 DED RETENTION WORKERS COMPENSATION 7711. YIN AND EMPLOYERS'LIABILITY X PER STATUTE ER ANY PROPRIETORfPARTNERIEXECUTNE E.L.EACH ACCIDENT $1000000 A OFFICERIMEMBER EXCLUDED? NIA N 6046920 07!1412017 07/14/2018 —--- $1,000,000 In NH E.L.DISEASE-EA EMPLOYEE $1,000,000 N yes,doscrthe under DESCRIPTION OF OPERATIONS below El DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES jACORD 151,Addllional RemBrks Schedule,may be altadted it more Space IS required) CERTIFICATE HOLDER CANCELLATION 252-856-0 361 ORANGE COUNTY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PO BOX 8181 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN HILLSBOROUGH,NC 27278-8181 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ® 1980.2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD