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Home My WebLink About2016-753-E AMS - Harris Bros charging station DocuSign Envelope ID:3946EAOB-95B2-4D15-A709-9F4B732AC5E3 [Departmental Use Only] TITLE Battery Charging Station EY 2016-2017 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 17th day of October,2016, ("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: Install a 400A single phase service on the left hand side of the building but to the right hand side of the rear door. Please see proposal for full details. The term of this agreement rendered shall be from Novemeber 1",2016 to December 3 is;,2016. 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 Thousand One Hundred Fifty Five,($6,155,00). 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, withheld 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 6/16 1 DocuSign Envelope ID:3946EAOB-95B2-4D15-A709-9F4B732AC5E3 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http:/Iwww.orangecountync.gov/departments/`purchasing divisionlcontracts.pip). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of (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 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, 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-Agreement and Signature : 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 intent of the Parties to comply with Article 11A and Article 40 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. GoverningLaw: 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, 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 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. 10. 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 mandate. In the event that public funds are unavailable and not appropriated for the performance of County's Revised 6116 2 DocuSign Envelope ID:3946EAOB-95B2-4D15-A709-9F4B732AC5E3 obligations under this Agreement, them 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] Revised 6/16 3 DocuSign Envelope ID:3946EAOB-95B2-4D15-A709-9F4B732AC5E3 IN WITNESS WHEREOF,County and the Provider have signed this Agreement,effective as of the day first written above. ORANr-r, rnrnvmv PROAT nuu Doc uSigned by: DocuSigned by: 66tnJln i! a* t V� �w Rams fl637994B755E477... 13y.— ADEAICID❑26943C... County avianager Titl c. Harris, President 200 S. Cameron St. Harris Bros. Electric&Controls,Inc P.O. Box 8181 2712 Hillsborough St Hillsborough,NC 27278 Durham,NC 27705 I I Revised 6/16 4 DocuSign Envelope ID:3946EAOB-95B2-4D15-A709-9F4B732AC5E3 Harris Bros. Electric & Controls, Inc. 2712 Hillsborough Road Durham, NC 27705 Phone: (919) 220-8500 ** Fax: (919) 220-7009 Bid Proposal (Revised Quote) Date: September 1, 2016 To: Paul Sorrell Company: Orange County E-mail: psorrell@orangecountync.gov orangecountync.gov From: Calvin Harris Company: Harris Bras. Electric & Controls, Inc. Telephone: (919) 220-8500 Fax: (919) 220-7009 Project: Orange County- Hillsborough Emergency Services (Battery charging stations) Scope of Work.- Install a 400A single phase service on the left hand side of the building but to the right hand side of the rear door. Trench and install 3 work stations along the fence line near the new service which will consist of 3-30A,1125V twist lock receptacles, 20 cords and pin and sleeve connector to plug into the rescue squad receptacle. Install 3-WP GFCI receptacles, 1 at each work station but all of them connected to the same 20A f 125V branch circuit. Install (2)-.30AJ 125V twist lock receptacles on the inside of the building just behind the new service location. Total Base Bid: $6,155.00 (Six Thousand One Hundred Fifty-five Dollars) Notes: * Priced for work to be dune during normal business hour • Bid good for 30 days, OCT 0 4 2017 ,.. DocuSign Envelope ID:3946EAOB-95B2-4D15-A709-9F4B732AC5E3 AC DATE(MWODNYYY] �_. CERTIFICATE OF LIABILITY INSURANCE9/S/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 polloy(ies)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 andorsement s. PRODUCER CONTACT Debby Blanchard Glick & Mahan Agency PHONE 11, (336)228-0525-- '— t Nol:(336)229-0900 2326 South Church St. E-MAIL ADDRESS:Jmldnchd3@nationwide.corlt Ste G INSURER AFFQ11 NG COVERAGE NAIC 0 Burlington NC 27215 WSURERA:DONEGAL INSURANCE GROUP 1-1-3-692 _ INSURED INSURER a; HARRIS BROTHERS ELECTRIC AND CONTROLS INC INSURER C: 2712 HILLSBOROUGH ROAD INSURER D: INSURER E: DURHM NC 27705 1 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1672500409 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. .....—.._..._....---- — ---- _._..----—---......-- ---............ 1011 AQDL SIUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MWDOIYYYY MNUDDfYYYY LIMITS X I COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 -' -b�AGEtETqu - CLAIMS-MADE 51 OCCUR -PREMISES(Ea vc $ 100,000 CV989255.39 07/14/2026 07/14/2017 M_EDEX_P(Any oneperson) $ 5,000 A - -- -PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY u JRGT u LOC PRODUCTS-COMPIOP AGG $ 2,000,000 '.OTHER! ...--- $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea aoddant)- x ANY AUTO BODILY INJURY(Per parson} S ALL OWNED ^- SCHEDULED CA8925539 07./14/2016 07/14/2017 BODILY INJURY(Per accident) S AUTOS IAUTOS _ A NON-OWNED PROPERTY DAAMAGE X HIREO AUTOS AUTOS (per accklent $ I ...- S }C UMBRELLA LIAR 3x OCCUR t EACH OCCURRENCE s sr 00ne.00v ...--- - ---................._........ .....,. A — LXGESSLIAS CLAIMS_MADE CX8925539 07/14/2016 07/14/2017 AGGREGATE $ 5.000 000 WD RETENTIONS $ WORKERS COMPENSATION �x PER OTH AND EMPLOYERS'LIABILITY` __ STATUTE ER ANY PROPRIETCRIPARTNERIEXECUTIVE Y NIA IN C$925539 07142tl16 07142017 Ek EACH ACCIDENT $ 1,000,000 OFFICEWMEMBER EXCLUDED? ` l (Mandatory In NH) EL DISEASE-EA EMPLOYE S 1,000,000 If yes,desr.OW under - --- DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) CERTIFICATE HOLDER CANCELLATION abaznes@ol'angecountync,gow SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ORANGE COUNTY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO BOX 8181 ACCORDANCE WITH THE POLICY PROVISIONS. HILLSBOROUGH, NC 27278 AUTHORIZED REPRESENTATIVE paon� e 19.,is•2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401)