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HomeMy WebLinkAbout2019-171 Solid Waste - Bryant Durham Electric scalehouse security cameras DocuSign Envelope ID:43CD1B87-356B-4300-B3AB-7BCC945A71CO [Departmental Use Only] TITLE FY ORANGE COUNTY CONTRACT UNDER$5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 5th day of March, 2019, ("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 Bryant-Durham Electric Services, 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 and/or construction (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: all necessary material, labor, supervision and tools to install (3) exterior security cameras at the maintenance shop located at 1514 Eubanks Rd., Chapel Hill, NC as set forth on Exhibit A hereto. All work shall be completed during the hours of Monday-Friday 8am-4pm. The term of this agreement rendered shall be from March 5,2019 to April 5, 2019. 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 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 Three Thousand One Hundred and Eighteen Dollars, ($3,118.00). 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 Revised 12/18 1 DocuSign Envelope ID:43CD1B87-356B-4300-B3AB-7BCC945A71CO be required by County'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://www.orangecountVnc.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. Indemni : 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 I IA 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.oran ecountync. og v/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. Revised 12/18 2 DocuSign Envelope ID:43CD1B87-356B-4300-B3AB-7BCC945A71CO 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. OW-%TrT 1"TTA7mV PRO OOCu UocuSigned by, Signed by, By. 8BEBU843690496... By: — I56036246989n432... Department U1recior Title: M'c�." '%.a i inanager 200 S. Cameron St. Chris Wolfe,Electrical Manager P.O. Box 8181 PO Drawer 2597 Hillsborough,NC 27278 Durham,NC 27715 Revised 12/18 3 DocuSign Envelope ID:43CD11387-35613-4300-KAB-76CC945A71CO BRYANI3 v ucnaTr. aa�av ATE(MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE FATE 8 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 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 not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Jennifer Gordon Morrow Insurance Agency, Inc. PHONE 828-694-5156 FAX 8286935496 A/C,No,Ext: A/C,No 800 Beverly Hanks Centre E-MAIL jgordonmorrowinsurance.com Hendersonville, INC 28792 INSURER(S)AFFORDING COVERAGE NAIC# 828 693-5396 The Phoenix Insurance Company 25623 INSURER A: P Y INSURED INSURER B:Auto-Owners Insurance Company 18988 Bryant-Durham Electric Co., Inc. INSURER COwners Insurance Co 32700 PO Drawer 2597 INSURER D: PropertyTravelers &Casual Co of Ame 25674 Casualty Durham, NC 27715 INSURER E:Travelers Casualty Tl Insurance Co of Amer 19046 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 CONTRACTOR 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY X X DTC03G369324PHX18 10/01/2018 10/01/2019 EACH OCCURRENCE $1 000000 CLAIMS-MADE � OCCUR PREMISES ERENTED ccr nce $300,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY JECTPRO- LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ C AUTOMOBILE LIABILITY X X 4999968800 10/01/2018 10/01/201 COEaMBINED ccidentS INGLE LIMIT $1, ,OOO OOO a X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $ X Drive Oth Car $ B X UMBRELLA LIAB X OCCUR X X 4999968801 10/01/2018 10/01/2019 EACH OCCURRENCE s15,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $15,000,000 DED X RETENTION$10000 $ E WORKERS COMPENSATION X UB9K8020041826G 10/01/2018 10/01/2019 X PER OTH- AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 D LEASED/RENTED EQ QT6305C518476 10/01/2018 10/01/2019 $200,000/$1,000 DED D INSTALLATION FLOA QT6305C518476 10/01/2018 10/01/2019 $2,000,000/$1,000 DED DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) **Supplemental Name** First Supplemental Name applies to all policies-Name Printed on DEC Page: Bryant-Durham Electric Co., Inc. First Supplemental Name applies to all policies-Bryant Durham Alarm Co, Inc. First Supplemental Name applies to all policies-Bryant Durham Services, Inc. (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Orange Count SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE g y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Risk Management ACCORDANCE WITH THE POLICY PROVISIONS. 200 South Cameron Street PO BOX 8181 AUTHORIZED REPRESENTATIVE Hillsborough, NC 27278 ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S204087/M197755 JLG DocuSign Envelope ID:43CD1 B87-356B-4300-B3AB-7BCC945A71 CO DESCRIPTIONS (Continued from Page 1) First Supplemental Name applies to all policies-Mid South Investments, LLC REGARDLESS OF TH EWORDING ON THIS CERTIFICATE, POLICY LANGUAGE WILL ALWAYS PREVAIL. BLANKET ADDITIONAL INSURED IF WRITTEN CONTRACT FOR GENERAL LIABILITY,AUTO LIABILITY, UMBRELLA LIABILITY. BLANKET WAIVER OF SUBROGATION IF WRITTEN CONTRACT FOR GENERAL LIABILITY,AUTO LIABILITY, UMBRELLA LIABILITY AND WORKERS COMPENSATION. Orange County, its officers, official agents and employees are listed as an additional insured on the General Liability Policy.A waiver of subrogation applies on Workers Compensation. SAGITTA 25.3(2016/03) 2 of 2 #S204087/M197755 DocuSign Envelope ID:43CD1B87-356B-4300-B3AB-7BCC945A71C0 EXHIBIT A DESCRIPTION Bryant-Durham Services proposes to furnish all necessary material, labor, supervision and tools to install (3) exterior security cameras at the maintenance shop. Includes: LABOR MATERIALS (1)4-CHANNEL EMBEDDED PLUG AND PLAY NVR 1T13 (3) MP VANDAL-RESISTANT NETWORK DOME CAMERA 2.8MM (3) WALL MOUNT FOR CAMERAS CAT6 CABLE SYSTEM PROGRAMMING AND TESTING BIDS SUPERVISION Excludes: REPAIRS TO EXISTING EQUIPMENT UPGRADES OR REPAIRS TO EXISTING CODE VIOLATIONS AFTER HOUR LABOR