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HomeMy WebLinkAbout2018-787-E AMS - B B Lee Hillsborough Commons exit light DocuSign Envelope ID:52 38842 6-6461-4A8F-8897-8435949E395D Ds [Departmental Use Only] Qtl TITLE. Commons Exit Light 1l FY 18/19 GRANGE COUNTY CONTRACT UNDER$5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 29th day of November, 2018, ("Effective Date") by and between©range 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 13.13 Lee Electric Co. (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: Hillsborough Commons- 113 Mayo St-Install exit light combo with 'battery bacj up. The term of this agreement rendered shall be from 11/30/2018 to 12/31/2018. 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'PERMS I.. 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 Twelve,($812.00). 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 Orange County Revised 10/17(Mgr appry 5k 6/18) 1 DocuSign Envelope ID:52 38842 6-6461-4A8F-8897-8435949E395D Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at httP:If 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 NIA 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, without limitation,to defend, indemnify,and hold harmless Grange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees)arising froth 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 tithe 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 I lA and Article 40 of North Carolina General Statute Chapter fib. 8. Governing Law and Priority: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and Grange 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 Grange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http://www.oranizecountync.rod v/depar~tmentslpurchasing diyisionlcontracts.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 Change County, North Carolina. Revised 10l17(Mgr appry 5k 6/18) 2 DocuSign Envelope ID:52 38842 6-6461-4A8F-8897-8435949E395D 110. 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 By: By:PROVID ocuSigned by: fiVawSVti In ram(, (L t Depa nfdff l" Title: OWNER soar-__ _ 200 S.Cameron St. 13.13 Lee Electric Co P.O. Box 8181 8014 Bill Poole Rd Hillsborough,NC 27278 Rougemont,NC 27572 Revised 10/17(Mgr appry 5k 6f 18) DocuSign Envelope ID:52388426-6461-4A8F-8897-8435949E395D 8014 BILL POOLE R.D. 9Bn LEE ELU C%�, "P 0A ROUGEMONT,N.C. 27572 GRANGE COUNTY 10-4-18 ESTIMATE TO INSTALL EXIT LIGHT COMBO $812.00 WITH BATTERY BACK UP AT OLD WALMART BLDG. - -- I Subtotal $0.60 --� lax-0% Like this template? You'll lave Cashboard Invoicha Software DocuSign Envelope ID:52388426-6461-4A8F-8897-8435949E395D c___..r__u.._....,.....,�_,rn,n_w� Page 2 of 2 Da le:I Oil 7/2018 11:24 AM Page:2 of 2 DocuSign Envelope 1D:14FC5B48-BC47AD69-A35B-36A5BD8B6779 OP ID:LH AC FZE7 CERTIFICATE OF LIABILITY INSURANCE D1011012018 Y} THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERiSj, AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(fes)must he endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of Ilia policy,certain policies may require an endorsement, A statement on this certificate does not confer rlcPubs to the certificate holder In Ileu of such endorsements. PRODUCER Phone: 919-882-4814 CONTACT Lee Hammond The onsul Insurance uIte1yy Fax: 919-682.4906 FN NE ,919-682-4814 n,919-6824906 18 Consultant Place Suite 1D2 Durham,NC 27707 boa#g lee@sorgiinsijrance.com James E.Sorg$,CIC PRoouceR B,BLEELE CUSTOMER ID a: INSURERS AFFORDING COVERAGE NAIC N INSURED B.B.Lee Electric Co. INSURER A!Edo lnsucaneeExshmab 26271 Bill Bernice Lee,Jr. INSURERS:F14196114pO4IneUranCeCo 8014 Bill Poole Rd, INsuReRc: Rougemont,NC 27572 INS RER D t 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.TERN] OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VNTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICfES DE.SnRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAW CLAIMS. YEXP UTR TYPE OF INSURANCE ADD i POLICY N M6ER _ hPOLICY rolo ww A46FF ©t�W1YYYY LIMITS G ENE RAL LIAR I L IT Y EACH OCCURRENCE S 1,0D0,00 A TXCOMMERCIAL GENERAL LIABILITY Q28-19204DT 04/1212018 04/1912019 PR'E'AISES Eo.'W"___ S 1,000,00 CLAIMS-MADE ❑XOCCUR MED FXP(Arty of%pwon) 3 6,00PERSONAL a AOV INJURY S 1,000,00__-_..—�_...__—_—,-._____- GENERAL AGGREGATE S 2,000,00 GERL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGO S 2,000,00 )C POLICY JFCTPRO- LOC S AUTOMOR ILE LU1aI L ItY COMBINED SINGLE LIMIT (Eoe IdufQ 3 1,000,00 ANY AUTO BODILY INJURY(Par palaon) S ALL OWNED AUTOS BODILY INJURY(Per accwoni) S A X SCHEDULEDAUIDS 0062330799 06/23/2018 08/2312019 PROPERTY DAMAGE A X KIREDAUra5 Q002330799 OW2312018 OV2312010 (Per oeddonq S A X NrON-owNEDAuros Q062330799 06123/2018 06/23/2019 S UMBRELLA LIAE OCCUR EACH OCCURRENCE $ EXCESS UAe --- CLAIMS-MADE AGGREGATE S DEDUCYIDLE RE E IO S I WORKERSCONIPENSATION WCBTATU- OT?I- AND EMPLOYEYIN RS'LPAe ILITY 67P 8i S,fJI D as B ANY PROPRIETORIPARTNFWEXECUTWE 07/2812010 0712812019 E.L.EACHACC10ENT s 1,000,00 OFFICERIMEM 9 ER EXCLUDED? D NrA iMendoreryInNH) E.LOISEASE-EAEMPLOYE S 1,000,00 Iiyes,desrdR,a D scfil VolnF SbolvX E.L.OISEASS-PBLECYLIMIT S 1,D00,00 DESCRIPTION OF OPERATIONSI LOCATIONS/VEHICLES(Atlaoh ACORD 101.Addlllenal Remarks Scheduts,If more apace 13 roqurrod) i I CERTIFICATE HOLDER CANCELLATION SHOULD H THE EXPIRATION DATE VTHEREOF, NOTICE POLICIES CBE G BEFORE DELIVERED N I Orange County ACCORDANCE WITH THE POLICY PROVISIONS. } PO Box 8181 j Hlfitahorough, NC 27278 AVTRORIEEi7REPRESENrAYMF H wmrrf VAS 01988.2009ACORD CORPORATION, All rfghls reserved. ACORf3 26(2009fD9) The ACORD name and logo are registered marks of ACORD