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HomeMy WebLinkAbout2020-231-E AMS - Racanelli Construction PFAP disconnect DocuSign Envelope ID: FA8009F9-A6EA-462D-967D-8806A026773B [Departmental Use Only] TITLE Disconnect FY 2020-2021 ORANGE COUNTY CONTRACT UNDER$5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 26th day of March, 2020, ("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 Racanelli Construction South, 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: Provide power with means of disconnecting to the evaporator units as well as a GFCI service receptacle within the two new freezers as required by building code per proposal C07 dated 3/25/20. The term of this agreement rendered shall be from March 26,2020 to May 15, 2020. 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 (as determined by the County) performed in accord with this Agreement. The amount to be paid by the County shall not exceed Seven Hundred Thirty-Eight Dollars, ($738.00). 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 11/19 1 DocuSign Envelope ID: FA8009F9-A6EA-462D-967D-8806A026773B 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 be designated here N/A (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 : To the extent authorized by North Carolina law 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. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 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 etync. 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 Revised 11/19 2 DocuSign Envelope ID: FA8009F9-A6EA-462D-967D-8806A026773B such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. 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. ORANGE COUNTY PROVIDER B Sit Qn+ 3/30/2020 B i;�'Z& 3/26/2020 y: yC"1 e Department Director Title: v ce"'Press dent 200 S. Cameron St. Racanelli Construction South, Inc P.O. Box 8181 1001 Pemberton Hill Road, Ste 202 Hillsborough,NC 27278 Apex,NC 27502 Revised 11/19 3 DocuSign Envelope ID: FA8009F9-A6EA-462D-967D-8806A026773B r-1cu111V11L rood and Ag Freezer Racanelli Change Order Request Racanelli Construction South, Inc. Proposal and Pricing Summary 1001 Pemberton Hill Road,Suite 202 RCS Project#19-008 Apex,NC 27502 Date: 3/25/2020 Submitted To: Orange County 131 West Margeret Lane COR#7 Hillsborough, NC 27278 Attention : Angel Barnes via email Per RCS PCO#7 dated 3/25/20, we are pleased to provide the following proposal to provide power with means of disconnecting to the evaporator units as well as a GFCI service receptacle within the two new freezers as required by building code. Labor Material Unit Unit Sub Unit Labor Material Subcontractor Item Qty Unit Price Price Price Total Total Total Total unny a e Electric Inc. see attached 1 proposal) 1 LS $ 500.00 $ 500.00 $ 500.00 Subtotals $0.00 $0 $ 500.00 $ 500.00 Small Tools&Consumables @ 5% on General Conditions 10% on $500 $ 50.00 Labor Burden 38% on $ - Sales Tax on Materials 7.50% on $ - Racanelli Construction South Overhead @ 10% on $ 550.00 $ 110.00 Racanelli Construction South Profit @ 5% on $ 660.00 $ 60.50 Insurance Premium @ 1.35% on $ 720.50 $ 17.15 TOTAL AMOUNT OF CHANGE ORDER REQUEST $ 7ss TOTAL TIME (CALENDAR DAYS) REQUESTED FOR THIS CHANGE Change Order Request accepted and authorized for contract Change Order Authorized By Architect: Date: Authorized By Owner: Date: cc: SD/file Notes: 1.)We reserve the right to claim additional cost and time extensions associated with this COR at a later time. We Have Not been authorized to proceed with this work. By: saott w.DrebCtlzzo This Proposal may be withdrawn from us if not accepted within 15 Days. Vice President DocuSign Envelope ID: FA8009F9-A6EA-462D-967D-8806A026773B Sunnydale Electric of North Carolina, Estimate 1097 Inc. 7119 Wexford Woods Trail Raleigh, NC 27613 919-896-9996 dena.sunnydaleQa gmail.com ADDRESS Racanelli Construction Services DATE TOTAL 1001 Pemberton Hill Road 03/25/2020 $500.00 Apex, NC 27502 DATE ACTIVITY DESCRIPTION OTY RATE AMOUNT LABOR& MATERIALS 1 500.00 500.00 Job Location: Piedmont Foods Extra: TOTAL $500.00 Two GFCI's and two switches at the evaporator fans in weather- THANK YOU. tight boxes. Accepted By Accepted Date SUNNYDALE ELECTRIC OF NORTH CAROLINA, INC. sunnydalenc.com DocuSign Envelope ID: FA8009F9-A6EA-462D-967D-8806A026773B Racanelli Construction South, Inc. Potential Chang e Racanelli 1001 Pemberton Hill Road, Suite 202 Apex, NC 27502 Order (PCO) SUBMITTED TO: Piedmont Food and Ag Freezer Orange County 131 West Margaret Lane RCS PROJECT NO.# Hillsborough, NC 27278 19-008 PCO#7 ATTN;Angel Barnes PCO STATUS PCO. ISSUE DATE 1 3/25/20 DESCRIPTION OF CHANGE: Provide power with means of disconnecting to the evaporator units as well as a GFCI service receptacle within the two new freezers as required by building code. ® DOCUMENTS ARE ENCLOSED. SUBCONTRACTOR/SUPPLIER DISTRIBUTION: Sunnydale Electric Inc. STATUS: 1 ® Price quotations are requested within 3 working days from the date of this Potential Change Order. No work is authorized until proposals are accepted and written authorization is given to proceed. 2 ❑ All concerned are authorized to proceed with the work of this Potential Change Order. Price quotations are requested within 3 working days from the date of this PCO. 3 ❑ All concerned are authorized to proceed with the work of this Potential Change Order on a time and material basis. Daily time and material slips must be signed by an authorized representative of RCS for verification of time and materials utilized to complete the work requested. CC: SWD/File BY: Scott W.Drebltlzo DL/Field Vice President NOTES: 1.)Subcontractors receive all PCO's via email unless otherwise noted. 2.)This change may affect project completion schedule. All Subcontractors must advise in writing of any impact of this change on their operation. DocuSign Envelope ID: FA8009F9-A6EA-462D-967D-8806AO26773B RACAN-1 OP ID: CB CERTIFICATE OF LIABILITY INSURANCE DATEIMMIDDNYYY1 �� 0212112020 THIS CERTIFICATE 1S 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 not confer rights to the certificate holder in lieu of such endorsements. PRODUCER 631-424-3300 CT Colleen Bresnahan Robert C.Bill Associates,Inc PHONE 631-424-3300 FAX 831-427.0105 150 Broadhollow Road Suite 307 AIC,No,Ext: IA;C No Melville,NY 11747 rosna an ro eftbillassoClatoS.001711 Robert Bill INSURERS AFFORDING COVERAGE NAIL# _ INSURaRA:Starr Indemnity,&Liability Co 38318 AMNn INSURER 14,Great American Insurance elll Construction South, $Irius International Insurance Me.t INSURER c Suie 9e0berton Hill Road INSURER❑ Zurich American Insurance Co. 27855 Apex,NC 27502.4265 Navigators Insurance Com an 42307 INSURER E: g p y 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 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. INSR LTR TYPE OF INSURANCE DDL BURR POLICY NUMBER POLICY EFFMMIDDIYYYYI POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 PREMISr CLAIh4$-MADE X OCCUR x X1000025778201 D113112020 0113112021 DAMAGE TO Rz.ENTED occurrencel 5 300,000 MED EXP(Any one arson S 10,000 x xCu 2,000,a00 PER L&ADV INJURY 5 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE 5 4,000,000 POLICY E91 veT LOC PRODUCTS-COMFiOP AGG 5 4,000,000 OTHER: Emp.Ben. 5 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 5 ANY AUTO BODILY INJURY Perperson) S OWNEAUTOS ONLY SCHEDULED SSWUtNEEDp SOD ILY�ITNJURY Per accident S All &ONLY Al M ONLY PB�acEcfdsnt AMAGE $ S A UMBRELLA LIAR x OCCUR I EACH OCCURRENCE S 3,000,000 X EXCESS LIAB CLAIMS-MADE x x 1000596171201 01/31/2020 01131/2021 AGGREGATE S 3,000,000 DE❑ I I RETENTIONS I I5 A WORKERS COMPENSATION x PER 1 OTH- AND EMPLOYERS'LIABILITY ANY PROPRIETORlPARTNER/EXECUTIVE YIN x 100 0004051 0113112020 01131/2021 E.L.EACH ACCIDENT 1,000,000 RFFICER/M EM BE R EXCLUD507 ] NIA andatoryInN } E.L.DISEASE-EA EMPLOYE 1,000,000 If es,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Pollution1professi x x CPPL*0001628-0 01131/2020 01/31/2021 Occ/Agg 5,000,000 B Property }( X IMPE16478604 12131/2019 12/3112020 Limit 8883933 DESCRIPTION OF OPERATIONS!LOCATIONS 1 VEHICLES IACORD 101,Additional Remarks Schedule,may be attached if more space is required] Orange County is Included as additional insured if reqqulred by written contract per endorsement form#CG2010 04 13&CG2D37 04 13 to the extent provided therein,subject to policy terms limitations and exclusions. CERTIFICATE HOLDER CANCELLATION ORANGEC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN g ty ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 8181 Hillsborough,NC 27278 AUTHORIZED REPRESENTATIVE 4'�7'2— ACORD 25(2016/03) ©1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and Ingo are registered marks of ACORD DocuSign Envelope ID: FA8009F9-A6EA-462D-967D-8806A026773B Racanefff Construction South, RACAN-1 PAGE 2 NOTEPAD INSURED'SNAME OR if7: CB 02121/2020 Insurer: Coverage: Pal#: Eff: Exp: Limit: Agg/Occ D. Excess Liability AEC-5918559-14 1/31/2020 - 1/31/2021 $12,000,000 E. Excess Liability NY20EXCZ044ATIV 1/31/2020 - 1/31/2021 $10,000,000 14 k� I