Loading...
HomeMy WebLinkAbout2019-250-E Solid Waste - Bryant Durham electrical servicesRevised 12/18 1 [Departmental Use Only] TITLE Bryant Durham FY 18-19 NORTH CAROLINA SERVICES AGREEMENT UNDER $90,000.00 NO RFP/RFQ ORANGE COUNTY This Services Agreement (hereinafter “Agreement”), made and entered into this 18th day of April, 2019, (“Effective Date”) by and between Orange County, North Carolina a political subdivision of the State of North Carolina (hereinafter, the "County") and Bryant-Durham Services, Inc., (hereinafter, the "Provider"). WITNESSETH: That the County and Provider, for the consideration herein named, do hereby agree as follows: 1. Services a. Scope of Work. i) This Agreement is for services to be rendered by Provider to County with respect to (insert type of project): Electrical Contractor Services at the Solid Waste Administration Building, 1207 Eubanks Rd., Chapel Hill, NC and Electrical Contractor Services at the Orange County Landfill, 1514 Eubanks Rd., Chapel Hill NC. ii) By executing this Agreement, the 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. iii) Time is of the essence with respect to this Agreement. iv) The services to be performed under this Agreement consist of Basic Services, as described and designated in Section 3 hereof. Compensation to the Provider for Basic Services under this Agreement shall be as set forth herein. 2. Responsibilities of the Provider a. Services to be provided. The Provider shall provide the County with all services required in Section 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the highest professional standards. b. Standard of Care. i) The Provider shall exercise reasonable care and diligence in performing services under this Agreement in accordance with the highest generally accepted standards of this type of Provider practice throughout the United States and in accordance DocuSign Envelope ID: A5151355-999B-413E-A0E3-C722EE592B4B Revised 12/18 2 with applicable federal, state and local laws and regulations applicable to the performance of these services. Provider is solely responsible for the professional quality, accuracy and timely completion and/or submission of all work related to the Basic Services. ii) Provider shall be responsible for all errors or omissions of its agents, contractors, employees, or assigns 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. iii) The Provider shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the County. No permission for subcontracting shall create, between the County and the subcontractor, any contract or any other relationship. iv) Provider is an independent contractor of County. Any and all employees of the Provider engaged by the Provider in the performance of any work or services required of the Provider under this Agreement, shall be considered employees or agents of the Provider only and not of the County, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Provider. v) If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Provider represents that it and/or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. vi) In determining the basic services to be provided, should any documents be referenced in 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. Should a request for proposals and a proposal be referenced the terms of the request for proposals shall have priority over the terms of any proposal. 3. Basic Services a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows (fully describe services to be provided): Tasks 1, 2, 3 and 4 as set forth on Attachment 1. 4. Duration of Services a. Term. The term of this Agreement shall be from April 18, 2019 to May 30, 2019. b. Scheduling of Services. i) The Provider shall schedule and perform its activities in a timely manner. DocuSign Envelope ID: A5151355-999B-413E-A0E3-C722EE592B4B Revised 12/18 3 ii) Should the County determine that the Provider is behind schedule, it may require the Provider to expedite and accelerate its efforts, including providing additional resources and working overtime, as necessary, to perform its services in accordance with the approved project schedule at no additional cost to the County. iii) The Commencement Date for the Provider's Basic Services shall be On or After April 18, 2019. 5. Compensation a. Compensation for Basic Services. Compensation for Basic Services shall include all compensation due the Provider from the County for all services under this Agreement. The maximum amount payable for Basic Services shall not exceed Seventeen Thousand Four Hundred Eight Dollars ($17,408.00). Payment for Basic Services shall become due and payable within thirty (30) days of Provider properly invoicing County. Payment shall be subject to provisions of Section 5(b). b. Disputes. In the event the amount stated on an invoice is disputed by the County, the County may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. 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. c. Additional Services. County shall not be responsible for costs related to any services in addition to the Basic Services performed by Provider unless County requests such additional services in writing and such additional services are evidenced by a written amendment to this Agreement. 6. Responsibilities of the County a. Cooperation and Coordination. The County has designated (Bruce Woody) to act as the County's representative with respect to the Project and shall have the authority to render decisions within guidelines established by the County Manager and/or the County Board of Commissioners and shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. 7. Insurance a. General Requirements. 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 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 DocuSign Envelope ID: A5151355-999B-413E-A0E3-C722EE592B4B Revised 12/18 4 in effect and certification thereof has been received by the County's Risk Manager. 8. Indemnity a. Indemnity. The Provider agrees, without limitation, to defend, indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from property damage or bodily injury including death to any person or persons caused in whole or in part by the negligence or misconduct of the Provider except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 9. Amendments to the Agreement a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the County and the Provider. The Provider shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. 10. Termination a. Termination for Convenience of the County. This Agreement may be terminated without cause by the County and for its convenience upon seven (7) days’ prior written notice to the Provider. b. Other Termination. The Provider may terminate this Agreement based upon the County's material breach of this Agreement; provided, the County has not taken all reasonable actions to remedy the breach. The Provider shall give the County seven (7) days' prior written notice of its intent to terminate this Agreement for cause. c. Compensation After Termination. i) In the event of termination, the Provider shall be paid that portion of the fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the County due to errors or omissions of the Provider. ii) Should this Agreement be terminated, the Provider shall deliver to the County within seven (7) days, at no additional cost, all deliverables including any electronic data or files relating to the Project. d. Waiver. The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Provider with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. DocuSign Envelope ID: A5151355-999B-413E-A0E3-C722EE592B4B Revised 12/18 5 e. Suspension. County may suspend the Basic Services and this Agreement at any time for County’s convenience and without penalty to County upon three (3) days’ notice to Provider. Upon any suspension by County, Provider shall discontinue work on the Basic Services and shall not resume the Basic Services until notified to proceed by County. 11. Additional Provisions a. Limitation and Assignment. The County and the Provider each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Provider shall assign or transfer its interest in this Agreement without the written consent of the other. b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. By executing this Agreement Provider affirms that Provider and any subcontractors of Provider are 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 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. c. Non-Discrimination. 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 non-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 the Orange County Non-Discrimination Policy 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. d. 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. e. Entire Agreement. This Agreement represents the entire and integrated agreement between the County and the Provider and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. DocuSign Envelope ID: A5151355-999B-413E-A0E3-C722EE592B4B Revised 12/18 6 f. Severability. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. g. Ownership of Work Product. Should Provider’s performance of this Agreement generate documents, items or things that are specific to this Project such documents, items or things shall become the property of the County and may be used on any other project without additional compensation to the Provider. The use of the documents, items or things by the County or by any person or entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk of the County. h. 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. It is expressly agreed that County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the County’s statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects County’s authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Provider of such limitation or change in County’s legal authority. i. Signatures. 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. j. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Provider’s Name Attention:Robert Williams Bryant-Durham Services, Inc. P.O. Box 8181 P.O. Drawer 2597 Hillsborough, NC 27278 Durham, NC 27715 [SIGNATURE PAGE TO FOLLOW] DocuSign Envelope ID: A5151355-999B-413E-A0E3-C722EE592B4B Revised 12/18 7 IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. ORANGE COUNTY: PROVIDER: By: _________________________________ County Manager By: __________________________________ Chris Wolfe, Electrical Manager Printed Name and Title DocuSign Envelope ID: A5151355-999B-413E-A0E3-C722EE592B4B Attachment 1 Task 1: Total $5,353.50 All necessary material, labor, supervision and tools to repair lights at the Solid Waste Administration Building. Includes: a. LABOR b. MATERIALS c. LAMPS/BALLASTS FOR (7) 4FT (T-5) FIXTURES IN TRAINING ROOM. d. LAMPS/BALLASTS FOR (6) HALLWAY RECESSSED CANS. e. LAMPS/BALLASTS FOR ROOMS #106, 203, 108,104, 206, AND 224. TOTAL OF (7) 4FT (T-5) FIXTURES. f. LAMPS/ BALLAST FOR MEN’S AND LADIES RESTROOMS. TOTAL OF (4) RECESSSED CANS. g. LAMPS FOR (5) BREEZEWAY VAPOR PROOF FIXTURES. h. LAMPS/BALLASTS FOR (2) 4FT FIXTURES IN LIBRARY. i. LAMPS/BALLASTS FOR (2) 4FT FIXTURES IN RECEPTION AREA. j. LAMPS/BALLAST FOR (1) 4FT FIXTURE IN THE STAFFS LOUNGE. k. REPLACE LAMPS TO LED FOR MONUMENT SIGNAGE AND ADD PHOTOCELLS. Task 2: Total Not To Exceed $920.00 All necessary material, labor, supervision and tools to troubleshoot/repair receptacle circuit in room #204 of the Solid Waste Administration Building due to no power. Includes: a. LABOR b. MATERIALS DocuSign Envelope ID: A5151355-999B-413E-A0E3-C722EE592B4B Task 3: Total $9,884.00 as set forth below All necessary material, labor, supervision and tools to provide power to (3) gates at the Orange County landfill entrances. Includes: ƒ LABOR ƒ MATERIALS ƒ PERMIT a. Gate 1: Total: $1910.00 x Trench and install conduit from existing automatic gate arm control panel over to keypad. Approximately 40ft. x Disconnect and remove the second automatic gate arm control panel and set junction box to extend power over to new motor. x Use existing conduits and 120v circuit to operate new motor. x Service disconnect at motor. b. Gate 2: Total: $3531.00 x Bore (2) conduits for low and high voltage cables from gate motor to the second motor. x Trench, install conduit from gate motor to keypad, approximately 30ft. x Trench, install conduit and wiring from existing automatic gate arm control panel to new gate motor. Use existing circuit provided. x Service disconnect at each motor. c. Gate 3: Total: $4443.00 x Bore (1) conduit from keypad to new gate motor, approximately 40ft. x Bore (1) conduit and install wiring from new gate motor over to panel inside office for power, approximately 150ft. x Install breaker at panel inside office. x Service disconnect at motor. Excludes: x LOW VOLTAGE WIRING DocuSign Envelope ID: A5151355-999B-413E-A0E3-C722EE592B4B Task 4: Total: $1,250.00 All necessary material, labor, supervision and tools to provide (2) 20A receptacles for (2) shredders (DESTROYIT 4005 CC CROSS CUT) at the old scale house. Includes: a. LABOR b. MATERIALS c. INSTALL CONDUIT AND WIRING FOR (2) DEDICATED 20A RECEPTACELS d. (2) 20A SINGLE POLE BREAKERS e. PERMIT Excludes: x 3 Phase System DocuSign Envelope ID: A5151355-999B-413E-A0E3-C722EE592B4B INSR ADDLSUBRLTRINSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person) $ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS AUTOS ONLYHIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ PER OTH-STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE The Phoenix Insurance Company Auto-Owners Insurance Company Owners Insurance Co Travelers Property & Casualty Co of Ame Travelers Casualty Insurance Co of Amer 12/06/2018 Morrow Insurance Agency, Inc. 800 Beverly Hanks Centre Hendersonville, NC 28792 828 693-5396 Jennifer Gordon 828-694-5156 8286935496 jgordonmorrowinsurance.com Bryant-Durham Electric Co., Inc. PO Drawer 2597 Durham, NC 27715 25623 18988 32700 25674 19046 AX X x X X DTCO3G369324PHX18 10/01/2018 10/01/2019 1,000,000 300,000 10,000 1,000,000 2,000,000 2,000,000 C X X Drive Oth Car XX X X 4999968800 10/01/2018 10/01/2019 1,000,000 B XX X 10000 XX4999968801 10/01/2018 10/01/2019 15,000,000 15,000,000 E N X UB9K8020041826G 10/01/2018 10/01/2019 X 1,000,000 1,000,000 1,000,000 D D LEASED/RENTED EQ INSTALLATION FLOA QT6305C518476 QT6305C518476 10/01/2018 10/01/2018 10/01/2019 10/01/2019 $200,000/$1,000 DED $2,000,000/$1,000 DED ** 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) Orange County Attn: Risk Management 200 South Cameron Street PO BOX 8181 Hillsborough, NC 27278 1 of 2#S204087/M197755 BRYAN13Client#: 39456 JLG1 of 2#S204087/M197755 DocuSign Envelope ID: A5151355-999B-413E-A0E3-C722EE592B4B SAGITTA 25.3 (2016/03) 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. 2 of 2 #S204087/M197755 DocuSign Envelope ID: A5151355-999B-413E-A0E3-C722EE592B4B